ABDULAI AMIDU NYASU v. ALHAJI ABDULAI NANKPA and Others

PROF. MENSA-BONSU (MRS.) JSC:

This is an appeal by the respondents/appellants/appellants against the decision of the

Judicial Committee of the National House of Chiefs dated 23rd May, 2019, in which they

are seeking to invoke the jurisdiction of this honourable Court under Article 131 (4) of

the Constitution of Ghana, 1992 to have the decision set aside.

Facts and Background

The petitioners and the respondents both hail from the same clan though from different

families within the clan, at Pulima in the Upper West Region. The

respondent/appellant/appellant (hereinafter referred to as appellant) hails from the

Cheberbala family, and the petitioners/respondents/respondents (hereinafter referred to

as respondents), from the Gbanhaala family, both families being different branches

within the Guivera Clan of Pulima

The petitioners’ case is that, upon the death of Kpunia Nankpa (then Kuoro of Pulima)

in the year 1998, Alhaji Abdulai Nankpa of the Gbanhanla family was selected to

succeed him. According to petitioners, 1st petitioner was nominated by the Johotina (the

land Priest) of Pulima and endorsed by the kingmakers after which he was introduced

to the Tumu Kuoro, the overlord Chief. They say that on account of being an illiterate,

Alhaji Abdulai Nankpa, decided to transfer his status as enskinned Chief of Pulima to his

son, Mumuni Abdul Nankpa.

The case of the appellant is that, upon the demise of Kpunia Nankpa, he, being

qualified to succeed the deceased Chief by reason of hailing from Cheberbala family

also of the Ganviera Clan, expressed his interest in occupying the skin to the Johotiina

of Pulima (Mumuni Bayorbor, now deceased). This Johotiina is a different person from

the one who is said to have nominated the 1st petitioner. The appellant says that his

Johotina summoned the Kingmakers who endorsed his nomination and had him

enskinned as Kuoro of Pulima.

The petitioner/respondents, claiming that apart from Gbanhaala family no other family

can ascend to the Pulima Skin, challenged the enskinment of the appellant as having

been validly enskinned as successor to the late Kpunia Nankpa

They, consequently, filed a petition in the Judicial Committee of the Upper West

Regional House of Chiefs. The Judicial Committee held a trial of the petition at the end

of which it delivered a judgment in favour of the petitioner/respondents. The appellant

appealed to the Judicial Committee of the National House of Chiefs, but the appeal was