In 2002, the Nii Boi Royal Family secured a historic High Court perpetual injunction (Suit No. Misc. 1675/2002) against the Asere Traditional Council's attempt to install an Abeka Dzaase without customary authority. This case remains a cornerstone of the family's legal history.
In Ga traditional governance, the Dzaase (or Dzaasetse) is one of the senior sub-chief positions within a stool family's hierarchy. The Dzaase has historically held responsibilities relating to traditional military leadership, governance, and the administration of community affairs under the direction of the Mantse. The appointment of a Dzaase is a significant act of traditional authority — it confirms the sovereign power of the stool family to organise its own internal hierarchy and to govern its own affairs under customary law.
Because of its significance, the power to appoint the Abeka Dzaase had been the subject of contest between the Nii Boi Royal Family and outside interests — most notably the Asere Traditional Council — who sought to install their own candidate in the position without the consent of the Nii Boi Family. It was this contest that gave rise to the landmark 2002 court case.
In 2002, the Nii Boi Royal Family brought proceedings before the High Court of Ghana seeking a perpetual injunction to restrain the Asere Traditional Council from installing Ansah Dodoo as Abeka Dzaase. The Family's case was that under Ga customary law and the established traditions of the Abeka stool, the sole authority to install a Dzaase within Abeka vested exclusively in the Nii Boi Royal Family. Any purported installation by the Asere Traditional Council — without the knowledge, consent, or participation of the Nii Boi Family — would be null, void, and a trespass upon the sovereign customary rights of the Family over its own stool affairs.
Her Lordship Mrs. Felicity Amoah, presiding over the High Court, granted the perpetual injunction sought by the Nii Boi Royal Family. The court held that the Nii Boi Royal Family had established its exclusive customary authority over the enstoolment of the Abeka Dzaase, and restrained the Asere Traditional Council from proceeding with the purported installation of Ansah Dodoo or any other person as Dzaase without the Family's authorisation.
A perpetual injunction is one of the most powerful remedies available in civil litigation. Unlike a temporary or interlocutory injunction (which lasts only pending a full trial), a perpetual injunction is a final order of the court — it does not expire, and it binds the party restrained permanently unless set aside by a superior court. The 2002 injunction therefore represents a definitive judicial confirmation of the Nii Boi Royal Family's exclusive enstoolment authority over Abeka.
The 2002 perpetual injunction has proved to be one of the most important legal instruments in the Nii Boi Royal Family's arsenal of rights. It has been cited in subsequent chieftaincy disputes as authoritative evidence of the Family's legal standing. When Nii Boi IV purported to install Tawiah Dodoo as Dzaase in 2022 without the Family's consent — one of the grounds cited in the petition that led to his suspension — the 2002 injunction was directly relevant as a statement of the law that had already been conclusively determined.
The case also illustrates the important role that the Ghanaian court system plays in resolving chieftaincy disputes. While the Ga Traditional Council and the National House of Chiefs have primary jurisdiction over customary chieftaincy matters, the High Court has concurrent jurisdiction to grant injunctive relief to protect parties' rights — and its orders in such matters carry the full force of Ghanaian law.
The 2002 perpetual injunction stands as a monument to the Nii Boi Royal Family's determined defence of its customary rights. In a period when the pressures of urbanisation, economic development, and political change have put traditional land rights and governance structures under increasing stress, the Family's willingness to pursue its rights through the legal system — and the courts' recognition of those rights — provides a firm foundation for the continued integrity of the Abeka stool. It is a case that every student of Ga customary law and Ghanaian chieftaincy should know.