Customer Support

NANA ADJEI AMPOFO
V.
THE ATTORNEY-GENERAL AND THE PRESIDENT OF THE NATIONAL HOUSE OF CHIEFS

(2011) JELR 65451 (SC)

Supreme Court 20 Jul 2011 Ghana
BriefBot icon

BriefBot Summary

Free

- Section 63(d) of the Chieftaincy Act, 2008, which criminalized deliberate refusal to honour a chief’s call “to attend to an issue,” was declared unconstitutional as an unjustifiable infringement on the constitutional freedom of movement u

Case Details

Suit Number:WRIT SUIT NO. J1/8/2007
Judges:DR. DATE-BAH JSC (PRESIDING), ANSAH JSC, ADINYIRA JSC, OWUSU JSC, DOTSE JSC, BONNIE JSC, ARYEETEY JSC, GBADEGBE JSC, A.BAMFO JSC.
Counsel:MRS. AMA BANFUL WITH CECIL ADADEVOH SENIOR STATE ATTORNEY WITH MISS HELARA FRENCH ASSISTANT STATE ATTORNEY FOR THE 1ST DEFENDANT; PLAINTIFF APPEARS IN PERSON, MR. AYIKOI OTOO FOR THE 2ND DEFENDANT

JUDGMENT

DR. DATE-BAH JSC:

All members of this Court are agreed on the following judgment. Chieftaincy is a revered and constitutionally entrenched institution in Ghana. The reach of chiefs extends even beyond the formal machinery of the Ghanaian State. Some of the rural settlements or communities without a permanent local resident representative of the Ghanaian State will, almost inevitably, have a chiefly leadership. The social value of the institution of chieftaincy is thus given widespread recognition by the Ghanaian public. Nevertheless the rights of even chiefs are subject to the 1992 Constitution. Indeed, as Coussey JA percipiently observed in Republic v. Techiman Traditional Council, Ex parte Tutu [1982-83] GLR 996 at 999:

“Chieftaincy, since the British colonial administration, has been governed by statute and this has continued since the independence of Ghana in 1957.”

Thus, the institution of chieftaincy, although it has evolved in accordance with customary law, has been subjec…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.