JUDGMENT OF ABBAN J.A.
The appeal is from the ruling of the High Court, Bolgatanga. The ruling was given on 6 December 1986. The respondents were the applicants in the High Court and in the affidavit which accompanied their application, they alleged that the appellants (nine in number and headed by one Hamidu Fijoli-Na) had held a meeting at which the ninth appellant one J. N. Momori, was nominated Wa-Na.
[p.182]
The respondents contended that the said meeting was not properly constituted in that some of the kingmakers of the skin of Wa were not present, not only that, those kingmakers who were absent at the meeting were not even notified of any such meeting. It may be observed that the issue as to who are the kingmakers of the Wa skin has been settled by the judgment of the Supreme Court and they include the head of Tendambas, the princes of the four gates of the Wa skin, the Foriko and Yari-Na.
According to the respondents, the Tendambas elected one Brimah Mumuni, the second respondent, as their head, and each of the princes of the four gates also elected its representative. A letter was written to all the kingmakers inviting them to "a meeting on 29 August 1985 to elect a successor to the Wa skin." But the invitation was not extended to the head of the Tendambas, Brimah Mumuni, and the accredited representatives of the princes of the four gates and so in the view of the respondents that meeting was not properly constituted and lacked jurisdiction to nominate J.N. Momori as a successor to the Wa skin.
The respondents therefore asked the High Court to quash the nomination of the said J.N. Momori a being null and void and also for an order of quo warranto in the nature of an injunction to restrain J.N. Momori from acting as Wa-Na.
The appellants opposed the application. The affidavit in opposition was sworn to, and on behalf of the appellants, by Sumani Iddi, the seventh appellant; and in paragraph (3) thereof it was stated as follows:
“The Kingmakers of Wa did on 29 August 1985 select J.N. Momori as Wa-Na. At the relevant meeting the Busa gate was represented by Asani Iddrisu, the Nakpaha gate also known as Gulli was represented by Saaka Yakubu, the Sing gate was represented by Iddi Bupali, all these persons are heads of their respective gates. The head of the Tendambas, Sumani Monje; the Yari Na, Mahaman Kulandi, and the Foriko Sumani Iddi (myself) all attended the relevant meeting and took part in the said selection of J.N. Momori.”
The appell
