BROBBEY AND OTHERS vs. KWAKU [1995]DLSC548

Date	1995-04-11
Suit No.
Citation No.	[1995]DLSC548

ABBAN CJ JSC

AIKINS JSC

CHARLES HAYFRON-BENJAMIN JSC

AMPIAH JSC

KPEGAH JSC

B J DA ROCHA (WITH HIM JAMES AHENKORAH) FOR THE APPELLANTS.

ASAMOAH TOTOE FOR THE RESPONDENT.

[1995]DLSC548
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">BROBBEY AND OTHERS<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">KWAKU<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p>[1995-96] 1 GLR 125<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">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 11 APRIL
1995<o:p></o:p>

</div>COUNSEL:<o:p></o:p>B J DA ROCHA (WITH HIM JAMES AHENKORAH) FOR THE APPELLANTS.<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">

ASAMOAH TOTOE FOR THE
RESPONDENT. <o:p></o:p>

ABBAN CJ, AIKINS, CHARLES
HAYFRON-BENJAMIN, AMPIAH AND KPEGAH JJSC<o:p></o:p>

</div>JUDGMENT OF AIKINS JSC<o:p></o:p>Delivered the first judgment at the invitation of Abban CJ. This
is an appeal from the decision of the judicial committee of the National House
of Chiefs by which they affirmed, by a majority of three to two, the unanimous
judgment of the judicial committee of the Ashanti Regional House of Chiefs
which had held that the seventh respondent is not a royal of the Mampong silver
stool, and that he is not eligible for nomination, election and installation on
the silver stool which had become vacant on the abdication of Nana Attakora
Amaniampong as the Omanhene of the Mampong Traditional Area. The committee
accordingly declared the nomination, election and installation of the seventh
respondent, Mr Francis Kwasi Cartey, null and void.<o:p></o:p>The events leading to the institution of the petition by the
respondent to this appeal, Major (Rtd) Osei Kwaku, are not all that complex.<o:p></o:p>Sometime after the abdication of Nana Attakora Amaniampong as the
Omanhene of the Mampong Traditional Area, it became necessary to look for a
successor to the Mampong silver stool. As custom demanded, all persons who
considered themselves eligible to accede to the stool had to stake out their
claim. According to the petitioner-respondent when he heard that there was a
proposal to install a new Mamponghene, and the krontihene, Nana Yaw Koduah, had
declared his intention to make “the stool travel away”, he, Osei Kwaku,
travelled to Mampong and contacted the krontihene and Opanin Osei Bonsu, head
of the Abereko house of the Baabriw Bretuo royal family about the intention of
the krontihene. The krontihene confirmed that he had said so.<o:p></o:p>The petitioner said that later he heard that certain persons
including the seventh respondent-appellant were canvassing for support as
candidates for the stool. He therefore sent a petition to the kingmakers of
Mampong against the candidature of the seventh appellant. As a result, a
meeting of the Baabriw Bretuo branch of the royal family, whose turn it was to
present a suitable candidate to the queenmother for the necessary customary
formalities, was convened. At this meeting the sectional heads of the family
nominated one Beniako by a majority of two to one as a candidate of the family.
The two who nominated Beniako were Opanin Kwaku Adwetewa, head of the Sarfo
house and the petitioner, head of the Santeni house. The other candidate, Kwame
Agyei was nominated by one Kofi Boachie alias “Comosar”, a representative of
the Abereko house of which the head was Opanyin Osei Bonsu. Later, Opanin Osei
Bonsu who had been reported sick at Kumasi travelled to Mampong and announced
that he had already nominated the seventh appellant. This was objected to by
the petitioner with the reason that the seventh appellant was not a royal.<o:p></o:p>Opanin Osei Bonsu refused to withdraw his nomination and so the
petitioner swore both the Mamponghene’s oath “Yawoada” and the great oath of
Asante on him, and proceeded to swear to an affidavit when the seventh
appellant was presented to the queenmother, Nana Yaa Akyaa. The affidavit
stated categorically that the seventh appellant was not a royal but rather an
issue of a domestic servant and therefore ineligible to accede to the stool of
Mampong. The affidavit was circulated to all the kingmakers of Mampong and
copied to Opanin Osei Bonsu and the queenmother.<o:p></o:p>When the petitioner realised that all his protestation had been
ignored, he petitioned Otumfuo the Asantehene, but he was not favoured with any
response. After exhausting all customary means of getting the Mampong kingmakers
to stop the election and installation of the seventh appellant, the petitioner
petitioned the Ashanti Regional House of Chiefs who found that the oaths sworn
by the petitioner were valid under customary law. He asked for a declaration
against: (1) Nana Gyamfi Brobbey—Jamasehene; (2) Nana Aye Kusi Buodom—Apaahene;
(3) Nana Kwaku Safo—Ejurahene; (4) Nana Yaw Kodua—Krontihene; (5) Nana Owusu
Afriyie—Akwamuhene; (6) Nana Yaa Akyaa—Queenmother; and (7) Mr F K Cartey that
Mr F K Cartey was not a royal of the Mampong silver stool, and for that matter
he was not eligible for nomination, election and installation on the silver
stool. He also claimed that the purported nomination, election and installation
of Mr Cartey should be set aside as null and void.<o:p></o:p>At the same forum the Domakwahene Nana Kwaku Obeng II also
instituted a similar petition against:—(1) Nana Aye Kusi Buodom—Apaahene; (2)
Nana Kweku Safo—Ejurahene; (3) Nana Owusu Afriyie—Akwamuhene; (4) Nana Yaw
Kodua—Krontihene; (5) Nana Yaa Akyaa—Queenmother; and (6) Mr F K Cartey
claiming a declaration that the purported nomination and election of Mr Cartey
should be set aside, </main>