THE REPUBLIC V. THE JUDICIAL COMMITTEE AJUMAKO TRADITIONAL COUNCIL (RESPONDENTS/RESPONDENTS) EX PARTE: NANA YAMOAH IV , EBUSUAPANYIN KOBINA EBO AND 5 OTHERS

SAEED K. GYAN, J.A

I believe it is not for nothing that the 1992 constitution of Ghana as well as previous other constitutions of Ghana have sought to protect the Institution of Chieftaincy in the Country. A whole Chapter (22) of the current constitution has been devoted to chieftaincy.

The constitution provides in Article 270 thereof as follows:

“270. (1) The institution of chieftaincy, together with its traditional Councils as established by customary law and usage, is hereby guaranteed.

(2) Parliament shall have no power to enact any law which –

a) confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever, or

b) in any way detracts or derogates from the honour and dignity of the institution of chieftaincy”

Indeed, Article 290 (1) (p) of the 1992 constitution makes Article 270 of the constitution, which deals with the institution of chieftaincy, an entrenched part of the constitution.

The chief or chieftaincy in Ghana can, …