THE REPUBLIC vs. OPANYIN KWAME BOAMAH AND OTHERS [2010]DLCA3659

Date	2010-04-30
Suit No.	THE REPUBLIC vs. OPANYIN KWAME BOAMAH AND OTHERS
Citation No.	[2010]DLCA3659

MARIAMA OWUSU (MISS) J.A. (PRESIDING)

F.G. KORBIEH J.A.

IRENE C. DANQUAH (MS.) J.A.

[2010]DLCA3659
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>OPANYIN KWAME BOAMAH AND
OTHERS<o:p></o:p>&nbsp;[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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APPEAL NO. H1/247/2005&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 30TH
APRIL, 2010<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;
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MARIAMA
OWUSU (MISS), J.A. (PRESIDING), F.G. KORBIEH, J.A. AND IRENE C. DANQUAH (MS.),
J.A.<o:p></o:p>

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

</div>IRENE C DANQUAH JA<o:p></o:p>This
appeal emanates from the ruling of the High Court, Fast Track Division, Kumasi dated
23rd February, 2005. &nbsp;In the
said ruling, the trial court found the 1st, 2nd and 3rd
respondents, now appellants, liable for contempt of court and sentenced each of
them to a fine of ¢2,000,000.00 or in default to serve three months
imprisonment.<o:p></o:p>The facts of the case, as
gathered from the affidavits filed by the parties, are that by the demise of
Nana Kwaku Affum, the Akwamuhene of Agogo Traditional Area in/or about April,
2003, the Akwamu Stool which is occupied by a member from the Asakyiri Royal
Family became vacant. &nbsp;&nbsp;It therefore
became necessary to find a successor to occupy the stool. The applicant, in his
capacity as the head of the said royal family and also a Kingmaker, nominated
Nana Adu Asabere whilst the 2nd respondent nominated Opanin Kwame
Boamah who is the 1st respondent. Both nominees are royals from the
Asakyiri Royal family. &nbsp;All the sixteen
kingmakers of the Asakyiri royal family therefore agreed to cast votes to
appoint one out of the two nominees to occupy the stool. <o:p></o:p>After all the sixteen
kingmakers, including the applicant and the 2nd respondent, had cast
their votes, the nominee of the applicant won by eleven (11) votes as against
the five (5) votes obtained by 1st respondent who was nominated by
the 2nd respondent. As custom demanded, the necessary rites were
performed ostensibly to seal the election of Nana Adu Asabere who provided 2
bottles of schnapps and paid ¢500,000.00 which was shared among the elders
except the 1st and 2nd respondents who refused to take
their share. &nbsp;From that time, there
evolved rivalry and conflict among members of the Asakyiri Royal family.<o:p></o:p>Consequently, the applicant,
as the head of family, petitioned the 2nd respondent who is the
queen mother and head of the Asakyiri family of Adansi Akrokeri to intervene
and resolve the issues between the parties. The 2nd respondent, in
turn, referred the matter to the 3rd respondent who is the Chief of
Morso and also of the Asakyiri clan to resolve. In the course of the
resolution, the 3rd respondent instead of resolving the impasse and
paving the way for Nana Adu Asabere, who had been nominated and popularly
elected to be finally enstooled, asked the 2nd respondent which of
the nominees she preferred to be enstooled and she named the 1st
respondent. <o:p></o:p>Aggrieved and dissatisfied
with the behavior of the respondents, the applicant instituted chieftaincy
proceedings in respect of the dispute at the Judicial Committee of the Agogo
Traditional Council on 24th September, 2004 against the 1st,
2nd and 3rd respondents claiming the following reliefs:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Declaration
that ADU ASABERE a royal of the ASAKYIRI ROYAL FAMILY of AGOGO, ASANTE-AKIM has
been lawfully nominated and elected for enstoolment unto the Akwamu stool of
AGOGO TRADITIONAL AREA.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
A
Declaration that the subsequent purported nomination and election of the 3rd
Defendant for enstoolment is void and of no legal effect.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
An
order for perpetual Injunction restraining all the Defendants, their servants,
agents and or privies from holding out the 3rd Defendant in any
manner whatsoever as the Akwamuhene elect of Agogo.<o:p></o:p>The gravamen of the
applicant’s case is that whilst the chieftaincy proceedings was pending before
the Judicial Committee of Agogo Traditional Council, the respondents conspired,
colluded and collaborated with each other so as to get the 1st
respondent enstooled. Eventually and amidst very tight security, the 2nd
and 3rd respondents led the 1st respondent to the
Agogohene, the 4th respondent, in his palace and introduced the 3rd
respondent as the Akwamuhene elect. <o:p></o:p>