THE REPUBLIC vs. OPANIN KWAME BOAMAH EX-PARTE: KWAKU AMPONSAH [2011]DLSC2653

Date	2011-06-27
Suit No.	CIVIL APPEAL NO. J4/3/2011
Citation No.	[2011]DLSC2653

AKUFFO (MS.)JSC (PRESIDING)

ADINYIRA (MRS) JSC

YEBOAH JSC

GBADEGBE JSC

A. BAMFO (MRS.) JSC

GODFRED YEBOAH-DAME FOR THE 1ST AND 3RD RESPONDENTS/ APPELLANTS/ APPELLANTS

KENNETH AGYEMANG-ATTAFUAH

WITH HIM MARTIN KPEBU FOR THE APPLICANT/ RESPONDENT/ RESPONDENT.

[2011]DLSC2653
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>OPANIN KWAME BOAMAH<o:p></o:p>EX-PARTE: KWAKU AMPONSAH<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CIVIL APPEAL NO. J4/3/2011&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: 27TH JULY, 2011<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>GODFRED YEBOAH-DAME FOR THE
1ST AND 3RD RESPONDENTS/ APPELLANTS/ 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">

KENNETH
AGYEMANG-ATTAFUAH, WITH HIM MARTIN KPEBU FOR THE APPLICANT/ RESPONDENT/
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;
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AKUFFO (MS.), JSC (PRESIDING) ADINYIRA (MRS), JSC
YEBOAH, JSC GBADEGBE, JSC AND A. BAMFO (MRS.), JSC<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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JUDGEMENT <o:p></o:p>

</div>ANIN-YEBOAH
JSC:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>This is an appeal from the judgment of the Court of
Appeal that confirmed the previous decision of the High Court, Kumasi in a contempt
application. For the sake of convenience, in this judgment, we refer to the
applicant in the trial High Court as the respondent and the respondents in the
trial court as the appellants. The circumstances in which the contempt
application was taken out by the respondent in the High Court are these. &nbsp;Following the death of Nana Kwaku Affum, the
Akwamuhene of Agogo Traditional Area, the stool became vacant and therefore it
became necessary for the kingmakers to find a successor. In his capacity as the
head of family, the respondent herein nominated one Nana Adu Asabre whiles the
second appellant nominated the first appellant herein.<o:p></o:p><o:p>&nbsp;</o:p>At a meeting held subsequently to elect the
successor to the stool from the two nominees, the kingmakers agreed to
determine their choice by the casting of votes. Out of the sixteen votes cast,
the majority opted for Nana Adu Asabre, the nominee of the respondent while the
other contestant, the first appellant herein had five votes. The victorious
party thereafter performed the requisite customary rites by providing two
bottles of schnapps and five hundred cedis, which was shared among the elders with the
first and second appellants herein, however, refusing to accept their share. It
appears that from this moment, the Asakyiri royal family was not at peace as
subsequent events would attest to. In order to bring the family together, the
respondent as head asked the queen mother of Asakyiri family of Adansi Akrokeri
to intervene in the matter but she referred the matter to the chief of Morso,
the third appellant herein.<o:p></o:p><o:p>&nbsp;</o:p>Instead of resolving the impasse, the third
appellant asked the queen mother to nominate one of the two contesting parties
to occupy the stool. This she did by nominating the first appellant. Naturally,
the other side felt aggrieved and&nbsp;
resorted to legal action by taking out an action before the Judicial
Committee of the&nbsp; Agogo Traditional
Council claiming reliefs that were in their&nbsp;
nature causes or matters affecting chieftaincy including a declaration
that&nbsp; Nana Adu Asabre has been
lawfully&nbsp; nominated and elected for
enstoolment as the occupant of the Akwamu Stool of Agogo traditional&nbsp; Area and a declaration that the subsequent
nomination and election of the first respondent herein ( third defendant in the
chieftaincy case) for enstoolment is void and of no&nbsp; legal effect. The petitioners also claimed
the ancillary relief of perpetual injunction restraining the defendants their
agents, servants and or privies from holding the first respondent out as the
Akwamuhene elect of Agogo.<o:p></o:p><o:p>&nbsp;</o:p>Whiles the said petition was pending before the
Judicial Committee and before its determination, the first respondent herein
who is the third defendant in the said case was enstooled as Akwamuhene of the
Agogo Traditional Area. The respondent feeling overreached by his adversaries
so to say, commenced contempt proceedings against the appellants herein for
conspiring, colluding and collaborating to have the first appellant enstooled
in the midst of tight security which enabled the swearing in to be done before
the Agogohene who was cited as the fourth respondent.<o:p></o:p><o:p>&nbsp;</o:p>The contempt proceedings were heard before the High
Court, Kumasi and on 23 February, 2005, the learned trial judge convicted the
appellants herein and sentenced them variously after acquitting and discharging
the fourth respondent to the application. Having felt dissatisfied with the conviction
and sentences imposed on
them, the appellants lodged an appeal to the Court of Appeal which after
hearing the parties dismissed the appeals and affirmed the decision of the
trial High Court in the matter. The appellants are before this court on a
second appeal inviting us to set aside their convictions and the senten</main>