AHENKORA II vs. OFE [1961]DLSC546

Date	1961-11-22
Suit No.
Citation No.	[1961]DLSC546

LORD KEITH OF AVONHOLM

LORD MORRIS OF BORTH-Y-GEST

LORD HODSON

DINGLE FOOT

Q.C. AND M. SOLOMON FOR THE APPELLANT.

E.F.N. GRATIAEN

Q.C. AND G. DOLD FOR THE FIRST RESPONDENT.

J.G. LE QUESNE FOR THE SECOND RESPONDENT.

[1961]DLSC546
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&nbsp;[JUDICIAL COMMITTEE OF THE PRIVY COUNCIL]

[1961] GLR 17

DATE: 22ND NOVEMBER, 1960.

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COUNSEL:&nbsp;&nbsp;

DINGLE
FOOT, Q.C. AND M. SOLOMON FOR THE APPELLANT.

E.F.N.
GRATIAEN, Q.C. AND G. DOLD FOR THE FIRST RESPONDENT.

J.G.
LE QUESNE FOR THE SECOND RESPONDENT.

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LORD KEITH OF AVONHOLM, LORD
MORRIS OF BORTH-Y-GESTAND LORD HODSON

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&nbsp;

Lord Keith delivered the judgment of their Lordships. This appeal,
by final leave of the Ghana Court of appeal, arises out of matters relating to
the destoolment of a former occupant of the stool of Adowsena, Ntiamoah Kofi
III, and the enstoolment in his place of the appellant, Nana Owusu Ahenkora II,
as Ohene of Adowsena.

The history of the matter is as follows. On the 1st September, 1952,
the then Ohene, Ntiamoah Kofi III, was destooled by the Akim Kotoku State
Council, the competent authority under the State Councils (Colony and Southern
Togoland) Ordinance, 1952.1(1) The precise reason for his destoolment does not
appear apart from an indication in one of the documents in the case that it was
for purported infringement of some sacred custom. Following the destoolment the
State Council ordered the properties belonging to the stool and the stool
itself to be delivered up forthwith to the customary custodian, the Gyasehene
of Adowsena, “until such time as a new chief will be elected”. After a variety
of procedure in respect of the failure of Ntiamoah Kofi III to deliver up the
stool property, it was ultimately held by the Supreme Court of the Gold Coast
that he had been properly convicted for such refusal by the district
magistrate, under the State Councils Ordinance of 1952.2(2)The date of this
judgment of the Supreme Court was the 29th August, 1955. In the meantime the
appellant had been enstooled a few months earlier, on the 26th March, 1955, as
Ohene of Adowsena. On the 5th November, 1955, certain elders, electors of the
stool of Adowsena, of whom the first was the respondent, Kwabena Ofe, preferred
certain charges against the appellant before the Akim Kotoku State Council. It
is necessary to set out the relevant document in full.

CHARGES AGAINST NANA OWUSU AHENKORA II, OHENE OF ADOWSENA IN THE
AKIM KOTOKU STATE IN THE EASTERN REGION OF THE GOLD COAST COLONY.

“We, the undersigned, Elders, Electors of the Stool of Adowsena in
the Akim Kotoku State in the Eastern Region of the Gold Coast Colony do hereby
prefer the under-mentioned charges against the Ohene Nana Owusu Ahenkora II of
Adowsena, Ohene (Divisional Chief) by virtue of Government Gazette Notice
No.2535 (Gazette No. 73 of 20th August, 1955 page 1397) for him to stand his
trial under Native Customary Law by the Akim Kotoku State Council namely: “1.
That he is not a fit and proper person to be the Ohene of Adowsena because:-

(a) he during his service with the United Africa Company Limited
misconducted himself and was dismissed from service;

(b) he after his dismissal from the employment of the united
Africa Company Limited, entered the Police Force of the Gold Coast Government
and as a result of a bad behaviour was again dismissed from service;

(c) he after or during his dismissal from the service of the Gold
Coast Police joined the fighting force of the British Commonwealth and while
serving as such stationed at Kintampo in Ashanti was convicted of the crime of
burglary and served a prison sentence of five (5) years.

“2. That he by his correspondence and conduct has insulted the
Abusuapanin Nana Kwabena Ebu of the Stool Family and caused his destoolment
without the knowledge and consent of the Stool Family of Adowsena.