IN THE MATTER OF EBUSUAPANYIN KWABENA AFOAKWA & ANOR vs. JOSEPH NKUAH MENSAH & ANOR IN THE MATTER OF AN APPLICATION FOR COMMITTAL FOR CONTEMPT AND IN THE MATTER OF THE REPUBLIC vs. JOSEPH NKUAH MENSAH EX PARTE: OPANIN AKWASI ADUONUM

The plaintiffs, Ebusuapanyin Kwabena Afoakwa and Madam Ekua Nsowa, initiated a chieftaincy dispute against the appellant, Joseph Nkuah Mensah, before the Judicial Committee of the Denkyira Traditional Council seeking annulment of his nomination, election, and enstoolment as chief and restraining him from acting as chief. The appellant appealed successfully to the Judicial Committee of the Central Regional House of Chiefs, reversing the initial decision. The respondent lodged a further appeal to the National House of Chiefs. Despite notice of this appeal, the appellant continued to act as chief, leading to a committal application for contempt alleging breach of section 34 of the Chieftaincy Act which provides that notice of appeal operates as a stay of execution. The appellant denied contempt, arguing lack of locus and capacity of the respondent to bring the contempt proceedings and that he lawfully continued his duties as chief pending appeal.

JUDGMENT NOVISI ARYENE JA: By a judgment dated 10th January 2023, the High Court, Cape Coast convicted Appellant herein for contempt and sentenced him to a fine of 700 penalty units. Dissatisfied and aggrieved, he filed the instant appeal on 13th January 2023, praying for an order to set aside the judgment including the conviction and sentence. BACKGROUND Events culminating in the instant appeal are that, Ebusuapanyin Kwabena Afoakwa and Madam Ekua Nsowa (hereinafter referred to as plaintiffs) commenced an action against the appellant herein before the Judicial Committee of the Denkyira Traditional Council, for the annulment of his nomination, election, and enstoolment as chief of Nkotumso-Nkasawura, and also to restrain him from acting or holding himself out as chief. Respondent herein prosecuted the matter before the Judicial Committee of the Denkyira Traditional Council by power of attorney donated by the 2nd plaintiff. On 8th April 2021, the Judicial Committee gave its decis...