THE REPUBLIC vs. NANA OSEI KWADJO II

The appellant, Nana Osei Kwadjo II, enstooled as Omanhene of Bekwai Traditional Area in 1969, was charged with stealing revenues collected from Fahiakobo stool lands, which fall under his customary jurisdiction. The prosecution alleged that the appellant illegally collected land tribute without consent of the Administrator of Stool Lands or the beneficiaries. The appellant contended that he had a claim of right based on the peculiar history of the Fahiakobo lands and customary practice, asserting that he was entitled to collect such revenues. Evidence showed conflicting positions within the Lands Commission Secretariat and that the appellant had received warning letters to desist from collection. The prosecution witnesses were found to have given contradictory and possibly perjured evidence, motivated by a desire to destool the appellant.

KPEGAH, J.S.C: My Lords, I am not certain whether to describe this judgment as a valedictory judgment or not. However, since there may be a good possibility of it turning out to be so because I have to start listening to my body and the advice of my doctors after my spinal surgery. I have been advised that long hours of sitting is not advisable for a person who has the type of surgery that I had, and since this job is mainly sedentary, I have to start considering bowing out and find myself a more convenient way of life in the future. I will therefore be candid and frank in my views on a series of legal issues which I consider not only relevant to the appeal before us but also very critical to the development of our jurisprudence in the area of the protection of the fundamental rights of the individual as enshrined in chapter Five of our Constitution, 1992. Some of the legal issues I have in mind greatly informed my position in this case. And, since this might be the last time...