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General News of Thursday, 5 June 1997

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Court Quashes Destoolment Charges Against Queenmother

Kumasi, 4 June A Kumasi High Court presided over by Mr Justice G. M. Quaye, has quashed the purported destoolment of Nana Yaa Agyeiwaa, Queenmother of Apagya, near Kodie, in the Kumasi Traditional Area by Nana Owusu Peprah, chief of the town. Mr Justice Quaye said the Chief of Apagya and his elders did not have the mandate from the Kumasi Traditional Council and therefore their action was illegal. Their pronouncement of destoolment against the Queenmother is null and void and of no effect for want of jurisdiction. The Presiding Judge explained that the Council is the only body recognised by law to pronounce the destoolment of the Queenmother. Mr Justice Quaye was ruling on an application for an order of certiorari to quash an oral pronouncement by Nana Owusu Peprah that he has destooled the Queenmother and Nana Kwasi Appiah, Abusuapayin of the Ekuona Royal family of Apagya on December 29, last year. However, the case against the Abusuapanyin was abandoned during the trial, because he was not appointed to any traditional office, hence he was not destooled and the court made no order in respect of him. Mr Justice Quaye said by law the only authority vested with the jurisdiction to pronounce sanction is the High Court. In her application, Nana Yaa Agyeiwaa who has been Queenmother of Apagya for the past 25 years said she enjoyed the rights and privileges of that position and performing the obligations expected of her until recently when she voiced disapproval of certain conduct of the Chief. Since then, he has not relented in finding ways to destool her adding the anxiety to destool her came to a head on December 29, last year when the Chief caused the beating of gong-gong at Apagya to announce publicly the destoolment of the Queenmother and the Abusuapanyin.