REPUBLIC
V.
WESTERN NZIMA TRADITIONAL COUNCIL; EX PARTE NANA KPANI ACKAH III

EDUSEI J.: The applicant herein, Nana Kpani Ackah III of Nuba, was sued before the Western Nzima Traditional Council and the said council after hearing evidence declared him destooled after the Oman of Nuba had agreed to “pay him off” with ¢200.00 which he accepted.

By his application Nana Kpani Ackah III is seeking an order of certiorari to quash the decision of the Western Nzima Traditional Council on the ground of its lack of jurisdiction to hear and determine the matter. Mr. Essiem, counsel for the applicant, has contended that the only competent tribunal that could have inquired into the destoolment charges against the chief was the judicial committee of the Western Nzima Traditional Council and not the whole body of the council.

It is necessary to refer at this stage to the relevant law on the jurisdiction of the traditional council. First, section 15 (1) of the Chieftaincy Act, 1971 (Act 370), reads:

“15. (1) Subject to the provisions of this Act and to any appeal therefrom, a Tra…