2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court dismissed the appeal, upholding the decisions of the lower Judicial Committees that the appellant was not validly elected as Kuoro of Pulima. The court found that the appellant did not meet the required customary procedures for nomination and enskinment.
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