REPUBLIC V. NEW JUABENG TRADITIONAL COUNCIL EX PARTE NANA SARKODEE I

JIAGGE J.A.: The appellants in this case preferred destoolment charges against the respondent in the New Juabeng Traditional Council. The respondent, while the action was pending against him, applied to the High Court for leave to issue a writ of prohibition against the New Juabeng Traditional Council on the ground that the appellants were not competent to prefer destoolment charges against him. The ex parte motion for leave was granted and notices together with all the relevant papers were served on the parties concerned.

The respondent later filed a supplementary affidavit which was summed-up by the trial court in the judgment as follows:

“(1) That he had been summoned by the New Juabeng Traditional Council to defend a charge that he had disclosed to a newspaper that charges were to be preferred against its ‘chairman,’ i.e. the omanhene.

(2) That he had been declared destooled by that council, as he failed to appear before the council.

(3) That the order of destoolment had later been …