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ABABIO
V.
THE REPUBLIC

(1971) JELR 63529 (HC)

High Court 22 Dec 1971 Ghana
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- The court held that “person” in paragraph 5A(2)(b) of N.L.C.D. 112, as amended, refers only to those chiefs specified in the First Schedule of the Decree, not to all persons generally. - The appellant, not being a chief covered by the Fir

Case Details

Judges:MENSA BOISON J.
Counsel:ATTAKORA AMO FOR ACHEAMPONG FOR THE APPELLANT; G. E. K. AIKINS FOR THE RESPONDENT.
Other Citations:[1972] 1 GLR 347


MENSA BOISON J.: The appellant was before the events which led to his prosecution the chief of Kaase, within the Kumasi Traditional Council and a member of the said council. On 28 July 1969 he was convicted before the Circuit Court, Kumasi, of the offence of failing to attend meetings of the traditional council, contrary to paragraphs 5A(1) and 5A(2)(b) of the Chieftaincy (Amendment) Decree, 1966 (N.L.C.D. 112), as amended by the Chieftaincy (Amendment) (No. 3) Decree, 1967 (N.L.C.D. 203). The particulars charged as follows: “Nana Owusu Yaw Ababio as Kaasehene on the 22nd day of August, 1968 at Kumasi in the Ashanti Circuit and within the jurisdiction of this court, without reasonable excuse failed to attend a meeting of the Kumasi Traditional Council to which he had been summoned.” On his conviction thereof he was sentenced to a fine of N¢50.00 or in default three months’ imprisonment. It is against this conviction that he has appealed and upon the grounds:

“(1) That the learned circu…

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