NENYI KOBINA ANDAKWEI IV & ORS v. KOW LARBIE @ KOBINA ABAKA II & ORS
2018
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC (PRESIDING)
- YEBOAH, JSC
- BAFFOE-BONNIE, JSC
- APPAU, JSC
- PWAMANG, JSC
Areas of Law
- Constitutional Law
- Evidence Law
- Customary Law
2018
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court reversed decisions of the Central and National Houses of Chiefs, ruling that the absence of Nenyi Kwaku Issiw VI did not meet legal and customary requirements for abdication. The court confirmed that Issiw VI remains the lawfully recognized Paramount Chief, rendering the respondents' installation of a new chief null and void. The court emphasized that for a chief's abdication to be valid, specific conditions must be met, including voluntary renunciation, acceptance by elders, performance of rites, and publicity. Both judicial committees had erred by not adhering to this framework. Thus, the appeal succeeded, and previous decisions were set aside.
BAFFOE-BONNIE, JSC:-
The case before us is an appeal by the petitioners/appellants/appellants, hereafter, referred to as petitioners, against the decision of the Judicial Committee of the National House of Chiefs confirming the majority decision of the Central Regional House of Chiefs. The said decision was in favour of the respondents/respondents/respondents, hereafter referred to as respondents.
The facts of the case are as follows:
The Petitioners and Respondents are all subjects of the Senya Beraku Stool with Nenyi Kweku Issiw VI as their Paramount Chief. In Senya Bereku there are two Kingmakers, namely, the Asafo Company No. 1 and No. 2. The petitioners are from the Asafo Company No. 2, while the respondents are from the Asafo Company No 1. Nenyi Kwaku Issiw VI is from the Asafo Company No 2.
In November 1992, Nenyi Kwaku Issiw VI left the jurisdiction of Ghana leading to the appointment of the 1st Petitioner as the Regent and Acting President of the Senya Beraku Traditional Council. In February 1993, the 3rd Respondent brought a petition against Nenyi Kweku Issiw VI seeking to destool him as the Paramount Chief of Senya Beraku. Nenyi Kwaku Issiw VI on the grounds that at the time of the petition, Nenyi Issiw V1 had jumped bail and was considered a fugitive of the law. That petition was unsuccessful. Subsequently, in March 1994 the 3rd Respondents brought another petition to destool Nenyi Issiw V1. This action was discontinued. After the discontinuance of the 2nd petition, the 1st, 2nd and 3rd Respondents herein, claiming to be Kingmakers from Asafo Company No1, nominated and installed the 4th Respondent as Paramount Chief of Senya Bereku without regard to the Asafo Company No 2. They claimed that at the time of the installation of Nenyi Kwaku Issiw VI who was from the Asafo Company No 2 they did not participate and therefore a precedent had been set that one faction alone could install a chief. Peeved by the action of the Respondents, the petitioners initiated an action in the Judicial Committee of the Central Regional House of Chiefs (Cape Coast) challenging the enstoolment of the 4th Respondent on the grounds that Nenyi Kweku Issiw VI is still the lawfully installed and recognized Paramount Chief who has neither abdicated nor been destooled. The Judicial Committee, held that Nenyi Kweku Issiw IV, by fleeing his jurisdiction and evading arrest, had abandoned the stool. They also upheld the claim of the Respondents that one faction could install