IN RE YENDI SKIN AFFAIRS; YAKUBU II v. ABUDULAI (NO. 2)

JUDGMENT OF SOWAH C.J.

Sowah C.J. delivered the judgment of himself, Taylor and Francois JJSC and of Osei-Hwere, Amua-Sekyi and Ampiah JJA. This is an appeal from the decision of the Court of Appeal (see In re Yendi Skin Affairs; Abudulai v Yakubu II [1984-86] 2 GLR 189, CA) which set aside all the findings and recommendations of the Yendi Skin Affairs Committee established under the Yendi Skin Affairs Committee of Inquiry Instrument, 1972 (EI 74 of 1972), and the white paper on those recommendations accepted by government. The membership of the committee comprised: the Hon Mr Justice Nii Amaa Ollennu, Chairman; Nana Sir Tsibu Darko X, member; Nana Atakora Amaniampong II, member; and Togbe Adja Tekpor VI, member.

The terms of reference of the committee were as follows:

(a) to ascertain the correct custom and customary procedure for the nomination, selection and enskinment of a Ya-Na including the correct list of candidates;

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(b) to inquire into the circumstances leading to the enactment of the Declaration of Customary Law (Dagomba State) Order, 1960 (L.I. 59), and its subsequent revocation and the advisability or otherwise of its reinstatement;

(c) having regard to sub-paragraph (b) of this paragraph to inquire whether or not the purported deskinment of Ya-Na Andani III was justifiable;

(d) to inquire whether or not the method adopted in declaring and enskinning Mahamadu Abudulai as Ya-Na after the acceptance of the recommendations of the Mate Kole Committee Report was in conformity with Dagomba custom, bearing in mind sub-paragraph (a);

(e) to inquire into and examine the competing claims to the Yendi skin and make recommendations thereon between the Andani and Abudulai families; and

(f) any other matter that appears to the committee to be reasonably connected with the foregoing matters . . ."

At the end of an exhaustive inquiry manifested by the number of witnesses called, the proceedings and research into the Dagomba Constitution and the law governing the matter, it made the following findings:

(1) Selection of a Ya-Na is made by four elders of Dagomba, who are the traditional kingmakers; these are, (i) Kuga-Na, (ii) Tugurinam, (iii) Kpati-Na, and (iv) Gomli.

(2) The customary procedure for selection of a Ya-Na is soothsaying; and

(3) The correct list of candidates consists of occupants of three skins, known as gate skins, namely (i) Karaga, (ii) Mion, and (iii) Savelugu.

The white paper accepted some of the findings including t