REPUBLIC V. KUMASI TRADITIONAL COUNCIL; EX PARTE NANA OPOKU AGYEMAN II

JUDGMENT

Annin, JA

On 28 June 1976 we allowed this appeal from the ruling of Anterkyi J. sitting in the Sunyani High Court dated 1 August 1973 and reserved our reasons. We now give these reasons.

The appellant, Nana Opoku Agyeman II, was installed Antoahene on 29 August 1966 after his nomination and election in accordance with customary law. For two years, he reigned peacefully and enjoyed the loyal support of his subjects. Then on 22 May 1968 a group of malcontents led by the Abontendonhene, Kwabena Mensah, preferred seventeen destoolment charges against him. In these certiorari proceedings, Nana Opoku Agyeman complained, inter alia, that the malcontents chose the wrong forum for the hearing and determination of their destoolment charges against him. As he explained in his supporting statements and affidavit of 12 March 1973, the malcontents erred in customary law by addressing their destoolment petition direct to Otumfuo the Asantehene, instead of seeking redress in the first instance…