THE REPUBLIC vs. DISTRICT MAGISTRATE COURT ASHANTI – MAMPONG EX PARTE KWABENA DANSO (NANA YEBOAH KODIE ASARE II INTERESTED PARTY). KWAME ADOM-APPIAH FOR THE APPLICANT INTERESTED PARTY BY HIMSELF.

The applicant has applied to this court for certiorari to quash the ruling by Mampong District Court of 21 August, 2009 in a matter before that court where he is charged with one count of abetting the second accuse person to act as a chief contrary to sections 20(1) and 63(a) of the Criminal Offences Act of Ghana 1960, Act 29, and the Chieftaincy Act 2008, Act 759 respectively. At the hearing of the case, his counsel raised a preliminary objection bordering on the jurisdiction of the court to try the applicant in that the case touches on a cause or matter affecting chieftaincy on the ground that the interested party, who is complainant in the criminal charge, is involved in a chieftaincy dispute with another person over the Yonso stool, and if the applicant is convicted by the district court that will amount to a declaration in favour of the interested party as the occupant of the said stool. The District Court over ruled the objection. In its ruling, the court said the matter before i...