OPANIN ANTWI MANU & ORS v. NANA AFRAKOMA II & ORS
2022
SUPREME COURT
GHANA
CORAM
- BAFFOE-BONNIE JSC (PRESIDING)
- DORDZIE (MRS.) JSC
- AMEGATCHER JSC
- LOVELACE-JOHNSON (MS.) JSC
- KULENDI JSC
Areas of Law
- Civil Procedure
- Evidence Law
- Constitutional Law
2022
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Amegatcher JSC, reviewed a long-running chieftaincy dispute over the Akwamu paramount stool involving the Yaa Ansaa and Yaa Botwe families, the queenmother Nana Afrakoma II, and the 4th Respondent, Kwabena Owiredu (Kwafo Akoto III). After the JCERHC upheld, and the JCNHC by a 4–1 majority affirmed, the validity of the 4th Respondent’s installation and the queenmother’s nomination role, the Petitioners obtained leave to appeal on weight-of-evidence grounds and alleged legal error in recognizing the Yaa Botwe family’s right of ascension. The Supreme Court held that succession is not rotational, that the Yaa Ansaa family are custodians of the black stool, and that nomination upon vacancy lies with the Abrewatia of the Yaa Ansaa family in consultation with the Abusuapanyin, not exclusively with the queenmother. Nonetheless, given historical compromises and for stability, the Court confirmed the 4th Respondent’s installation and prospectively directed adherence to the restored customary nomination process.
AMEGATCHER JSC:-
“…If the customary laws involved are not adequately set out and the roles and responsibilities of all involved in the king making process are not defined any further, attempts to install a chief for Akwamu is likely to end in another litigation”.
My Lords, these were the prophetic words of the judicial committee of the National House of Chiefs in one chieftaincy case concerning the Akwamu Stool (Suit No. NHC.3/E/98, exhibited by the 1st Respondent as EXHIBIT NA3, at page 272 of the Record of Appeal (ROA)). Since 1998, this prophecy has haunted the Akwamu people evidenced in one litigation or other in the various attempts to install Akwamuhene.
True to the divination, this appeal emanates from the decision of the judicial committee of the National House of Chiefs (“JCNHC”) dated 23rd May 2019, where, by a majority of four to one, the committee affirmed the decision of the judicial committee of the Eastern Regional House of Chiefs (“JCERHC”) dated 10th May 2017, in favour of the Respondents/Respondents/Respondents (hereafter referred to as “the Respondents”)
It is important to briefly detail the facts which provoked the commencement of this matter.
Odeneho Kwafo Akoto II, paramount chief of the Akwamu Traditional Area and occupant of the Akwamu Black Stool passed away in 1992. Upon his demise, Mr. Kyeremanteng Afranie (who hails from the Yaa Ansaa Family of Akwamu) was nominated and purportedly installed as the next chief of Akwamu. This purported installation found disfavour with some principal actors within the Akwamu Chieftain, including 1st Respondent herein (Nana Afrakoma II).The discontented parties therefore collectively brought a chieftaincy petition before the JCERHC to revoke Mr. Kyeremanteng’s installation. That petition (Suit No. NHC.3/E/98)was dismissed. On appeal to the JCNHC however, Nananom remitted the matter back to the JCERHC for a fresh trial.
Unfortunately, the conduct of the matter dragged on for 17 years and within that period, Mr. Kyeremanteng Afranie passed on. On the passing of Mr. Kyeremanteng Afranie, 1st, 2nd and 3rdRespondents attempted to install 4th Respondent (Mr. Kwabena Owiredu), as the new chief of Akwamu. Their endeavours greatly upset the Petitioners/Appellants/Appellants (hereafter referred to as “the Petitioners”) who brought a petition (later amended), before the JCERHC for the following reliefs:
Declaration that it is the turn of the Ansaa gate to nominate a candidate for occupation of the roy