NDASUAH AND OTHERS
V.
ADAZIE AND OTHERS
·
[1960] GLR 12 - 14
JUDGMENT
SMITH J.
(His lordship referred to the facts and continued).
Jurisdiction is claimed for the State Council on the basis that the matter is of a “constitutional nature” as defined in section 2 of the State Councils Ordinance, No. 8 of 1952. In my opinion, however, an Asafu Captain is not a “ chief “—a prerequisite before a State Council can hear destoolment charges. It was also argued that the State Council had the right to entertain the matter by virtue of section 2 (c) of the State Councils Ordinance. That subsection merely confers on the State Council power to decide on the claim of any person to take part in the ceremony of the installation or destoolment of a chief. An English analogy would be the Committee of Claims which sits to determine claims made by persons to take part in the Coronation ceremony. I agree with counsel for applicants that the State Council had no jurisdiction in the matter under the State Councils Ordinance.
There is, however, the point (unassailable, in…
