REPUBLIC vs. COMMISSIONER FOR CHIEFTAINCY AFFAIRS AND ANOTHER; EX PARTE NII ADJA KWAO II [1980]DLCA1624

REPUBLIC vs. COMMISSIONER FOR CHIEFTAINCY AFFAIRS AND ANOTHER; EX PARTE NII AD... [1980]DLCA1624

Date	1980-04-13
Suit No.
Citation No.	[1980]DLCA1624

JIAGGE JA

EDUSEI JA

EDWARD WIREDU J.A.

TSATSU TSIKATA FOR THE APPELLANT.

MRS. L. A. ADUSA-AMANKWA PRINCIPAL STATE ATTORNEY FOR THE FIRST RESPONDENT.

T.A. TAGOE FOR THE SECOND RESPONDENT.

[1980]DLCA1624
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>COMMISSIONER FOR CHIEFTAINCY AFFAIRS AND ANOTHER; EX PARTE
NII ADJA KWAO II<o:p></o:p>[COURT OF APPEAL, ACCRA] <o:p></o:p>[1980] GLR 263<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
13 APRIL 1981<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

TSATSU TSIKATA FOR THE APPELLANT.<o:p></o:p>

MRS. L. A. ADUSA-AMANKWA, PRINCIPAL STATE ATTORNEY
FOR THE FIRST RESPONDENT.<o:p></o:p>

T.A. TAGOE FOR THE SECOND RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

JIAGGE, EDUSEI AND EDWARD WIREDU JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF JIAGGE J.A.<o:p></o:p>This
appeal is from the decision of the High Court dismissing the appellant’s motion
for an order of certiorari to quash two decisions in which the Commissioner
responsible for Chieftaincy Affairs (1) withdrew recognition from the appellant
as James Town Mantse, and (2) handed over the James Town stool property to one
Nii Aryee Quaye IV.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant, Nii Adja Kwao II, in his affidavit in support of his application for
leave in the court below, averred that he was customarily and constitutionally
elected and enstooled as James Town mantse in 1959 and was subsequently
recognised as such by the Governor-General under L.N. 201 of 1 August 1959.<o:p></o:p><o:p>&nbsp;</o:p>That in
January 1974, a writ of summons was issued against him in the Ga Traditional
Council seeking (a) a declaration that his enstoolment was null and void and
(b) an order for his destoolment. Subsequently, the Commissioner responsible for
Chieftaincy Affairs by the James Town Stool Property (Seizure) Instrument, 1974
(E.I. 85), after reciting the judgment of the Eastern Regional House of Chiefs,
ordered the District Administrative Officer, Accra, to take over the James Town
stool properties. The instrument, E.I. 85 of 1974 was accepted in evidence as
exhibit N.A.K. 1.<o:p></o:p><o:p>&nbsp;</o:p>On 19
August 1974 the judicial committee of the Ga Traditional Council had given
judgment against the appellant. He appealed to the judicial committee of the
Eastern Regional House of Chiefs but the appeal was dismissed on 21 November
1977. On 22 November 1977 he filed a notice of appeal to the National House of
Chiefs. On 22 July 1977 the Commissioner responsible for Chieftaincy Affairs
ordered Nii Aryee Quaye IV who is the second respondent before this court, to
take custody of the James Town Stool properties.<o:p></o:p>While the
appellant’s appeal to the National House of Chiefs was pending, a notice was
published on 19 May 1978, indicating that the Commissioner responsible for Chieftaincy
Affairs had withdrawn recognition from him as chief of James Town.<o:p></o:p><o:p>&nbsp;</o:p>After
leave was granted in the court below for an order of certiorari, the second
respondent filed an affidavit in opposition denying that the appellant was
customarily and constitutionally elected and enstooled as James Town mantse and
that the judicial committees of the Ga Traditional Area and the Eastern
Regional House of Chiefs had declared his alleged enstoolment null and void.<o:p></o:p><o:p>&nbsp;</o:p>The Chief
Research Officer of the Supreme Military Council, Chieftaincy Division, on the
authority of the Commissioner for Chieftaincy Affairs, filed an affidavit in
opposition deposing to the following facts:<o:p></o:p>(1) That
the commissioner withdrew recognition in exercise of the power conferred on him
by section 48 (1) of the Chieftaincy Act, 1971 (Act 370), and “in the interest
of good government and public order.”<o:p></o:p>