REPUBLIC v GBI TRADITIONAL COUNCIL; EX PARTE ABAKA VII [1995-96] 1 GLR 702-719

Chieftaincy—Chief—Enstoolment—Kingmakers with sole prerogative under customary law to install chief—Occupant of Abaka stool nominating applicant as his successor in letter of abdication—Whether nomination of applicant competent—Chieftaincy Act, 1971 (Act 370), s 48(1)—Chieftaincy (Amendment) Law, 1985 (PNDCL 107).

State proceedings—Mandamus—Availability of remedy—Recognition of status of chief—Discretionary remedy available only where office vacant—Rationale for rule—Status of divisional chief of Gbi-Wegbe held by Keh II—Predecessor of applicant on Abaka stool sub-divisional chief—Whether mandamus to be granted to compel Gbi Traditional Council to admit applicant as divisional chief of Gbi-Wegbe.