Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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

(2011) JELR 65451 (SC)    
Supreme Court  ·  WRIT SUIT NO. J1/8/2007 ·  20 Jul 2011 ·  Ghana
CORAM
DR. DATE-BAH JSC (PRESIDING), ANSAH JSC, ADINYIRA JSC, OWUSU JSC, DOTSE JSC, BONNIE JSC, ARYEETEY JSC, GBADEGBE JSC, A.BAMFO JSC.

Ratio Decidendi

Core Terms Beta
person
issue
plaintiff
chiefs
customary law
second defendant
freedom of movement
case
chieftaincy act
statement of case
chief’s call
traditional area
constitution of the republic of ghana
functions of a chief
traditional councils
first defendant’s argument
freedoms of the individual
national house of chiefs
regional house of chiefs
said act
written submission of counsel
authority of any law
behalf of the first defendant
case of a continuing offence
constitutional freedoms
court of first instance
deposition of a person
due process requirement
following judgment
formal machinery of the ghanaian state
independence of ghana
interpretation of any provision of the constitution
judicial role
members of this court
original jurisdiction of this court
plaintiff’s argument
plaintiff’s claim
provisions of the chieftaincy act
purpose of the impugned provision
reach of chiefs
registration of chiefs
second dimension
social value of the institution of chieftaincy
status of persons
supreme court
telling passage
use of the following words
vague statutes

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…

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