JUDGEMENT

PWAMANG, JSC:

My Lords, consideration of this appeal gave us anxious moments, largely on account of the scanty evidence about the existence at Larkpleku village of a chieftaincy institution as it is known under our laws. Article 270 (1) of the Constitution, 1992 states as follows concerning Chieftaincy;

(1)The institution of chieftaincy, together with its traditional councils as established by customary law and usage, is hereby guaranteed.

It is further provided under Article 277 as follows;

In this Chapter unless the context otherwise requires, "chief" means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage.

From the above provisions, for any person to bring a suit before the statutory bodies with jurisdiction in chieftaincy matters concerning chieftaincy in any community in Ghana, the chieftaincy must be founded on customary laws and usages of a constitutional or political nature in that community. In Eku alias Condua III v Acquah [1968] GLR 412 at p 457 Lassey J.A noted as follows;

It is on account of this that I take the view that if the status or office of the headman of the fishing community of the village of Aboasi (Aboadzie) is that of a constitutional or political nature or if the issues between the parties herein are purely a question or matter relating to political or constitutional relations under native customary law the appropriate tribunal in the state to determine matters of that nature would be the state council.

My Lords, in the instant case, the undisputed evidence shows that we are dealing with a community whose origin is within living memory. The land on which the community was established belongs to the Osabunya Clan of Old Ningo. The first person to settle there was the fetish priest of the sovi deity called Nene Kweyartey Larkpleku and he hailed from Osabunya Clan. The sovi deity itself appears to be worshipped by the whole community of Larkpleku. Upon the death of the founder sovi priest, the 2nd defendant’s father, called Nene Kodjo Larkpleku II, became the sovi priest, next priest was Numo Tetteh Ahwuaa, after whom the Plaintiff herein took over as the priest. In between there were others in acting capacities.

The case the plaintiff took to the Judicial Committee of the Ningo Traditional Council was, that b