The Supreme Court has quashed a prohibition and
injunction restraining Nana Kwame Baafi, the Atipimhene of New Juaben, from beating the gong-gong in pursuance of his chiefly function as
acting chief of Suhyen pending the nomination, election, installation and swearing of oath of allegiance of a substantive chief to the Paramount Chief of the New Juaben Traditional Area.
This is in accordance with the due process established by New Juaben customs and usages.
The Supreme Court (SC) held that a Koforifua High Court wrongfully assumed the jurisdiction in granting the application of prohibition/ injunction by way of judicial relief.
“We cannot fathom any legal ground for the assumption of jurisdiction. Chieftaincy, it has been held over and over again by this court, is not a public office and it is difficult to understand how any of the relief’s could lie in this case,” the SC said.
On December 13 last year, a Koforidua High Court presided by Mr Justice G.S. Suurabareh granted an application filed by Okogyeman Ankomah Basapon, portraying himself as the chief of Suhyen and Mponuahene of New Juaben Traditional Area, for judicial relief through an order of prohibition restraining Nana Baafi from beating or causing
the beating of any gong-gong within Suhyen.
The panel of the SC was Mr Justice W.A Atugugba, Mr Justice Julius Ansah, Mr Justice Rose S. Owusu, Mr Justice N.S. Gbadegbe, and Mrs
Justice Vida Akoto-Bamfo.
Mr Osafo-Buabeng, represented the applicant, Nana Kwame Baafi.