REPUBLIC v. NII ADAMAH THOMPSON & OTHERS

JUDGMENT

BENIN, JSC:

This matter involves persons all of who belong to the Gbese Division of the Ga State. So it’s like a house divided upon itself, which is quite unfortunate. It’s one of the numerous chieftaincy problems that continually bedevil a lot of communities in this country, with the result that development suffers because the leadership is disunited and for that reason they are unable to mobilize the people at the grassroots. At the end of the day there is no winner, for whoever succeeds in the protracted litigation will still need support of all in order to rule. Why then do they fight among themselves? The answer to this question posed is not easy to find, except that the various factions believe, rightly or wrongly, that either side wants to cheat the other, or trample on their rights. It is in pursuit of their rights in the family or clan that the parties go to court to seek redress, not counting the cost of litigation. And the various courts or tribunals do not make matters any easier by oftentimes unduly delaying the matter. But as the saying goes, there is a pot of gold at the end of the rainbow, so the parties will fight to the bitter end, hoping one of them will mount the stool eventually.

This is one of such cases wherein the parties have contested the occupancy of the Gbese Stool in the Ga State since 1980, thirty-three years now. We would have wished this decision we are about to render will end the dispute but, as we shall shortly demonstrate, it may not.

The action began at the Ga Traditional Council (GTC) when the original petitioner/plaintiff, Nii Tetteh Ahinakwah II, suing as the head of Naa Onidin Akera/Akote Krobo Saki We family, sought the intervention of the GTC to declare his faction as the rightful persons to occupy the Gbese stool, and for a declaration that the nomination, installation and enstoolment of the defendant, Nii Ayitey Agbofu II, as Gbese Mantse was null and void. He also sought recovery of stool property in the defendant’s custody. The defendant challenged the petitioner/plaintiff’s capacity to sue. The petitioner/plaintiff passed away and one Francis Nii Ayikai, who claimed to have been elected the new head of family, applied to the GTC to be substituted for the late petitioner/plaintiff. This request, together with some other reliefs he sought did not find favour with the GTC. He appealed to the Greater Accra Regional House of Chiefs (GARHC) which allowed the appeal on 19th June 1985. All the foregoing