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Law, 01.06.2020 21:58 maryalice2002

Kwamina Abrefa, chief of Buokrom traditional area is a well-known People’s Political Party (PPP) supporter who often campaigned for his subjects to vote for the PPP every election year since he was enstooled as chief. In March 2020, Kwamina Abrefa was convicted and sentence to 14 days imprisonment for contempt of court in a matter related to his active engagement in politics. Four days after Kwamina was sentenced, Minta Kusi was nominated and enstooled as chief in place of Kwamina since Kwamina’s conviction was deemed by the kingmakers as customary destoolment. Minta Kusi’s name was inserted in the National Register of Chiefs two days after his enstoolment. When Kwamina was released, he challenged Minta Kusi’s enstoolment and insisted that Minta’s enstoolment was not customarily appropriate for which reason he, Kwamina’s name should be reinstated in the National Register of Chiefs. Kwamina filed an action in the High Court to that effect and in addition raised issue with the interpretation of the constitutional provision barring chiefs from engaging in active politics as an infringement of his freedom of association. For this reason, Kwamina argued that his previous conviction should be set aside. Minta Kusi resisted Kwamina’s application and raised a preliminary objection that Kwamina’s first claim to have his name reinstated in the register was a cause or matter affecting chieftaincy and his second claim was also a matter of constitutional interpretation reserved for the Supreme Court. Thus, the High court had no jurisdiction to entertain the matte

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