2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The dispute over the succession to the Omanhene stool of Kenyasi No.1 led to a series of legal battles following the Queen mothers nomination of a candidate, challenged by Nana Antwi Bosiako via the invocation of the Great Oath of Otumfuo. The Asanteman Council adjudicated and upheld the Queen mothers nomination. Multiple legal appeals by the Appellants in the Judicial Committee of the Brong Ahafo Regional House of Chiefs, High Court, and Court of Appeal, were dismissed. The Supreme Court affirmed the decisions, concluding the Asanteman Council acted within its customary jurisdiction and the parties were estopped from re-litigating the matters.
J U D G M E N T
DOTSE JSC:
This is an appeal by the Plaintiffs/Applicants/Appellants/Appellants hereinafter referred to as the Appellants against the judgment of the Court of Appeal dated 24th June 2011 whereby the Court of Appeal affirmed the judgment of the High court which was in favour of the Defendants/Interested Parties/Respondents/Respondents, hereinafter referred to as Respondents.
FACTS OF THE CASE:
Since the genesis of this case emanated from the Judicial Committee of the Brong Ahafo Regional House of Chiefs, it is important to set out the facts in extenso.
The Omanhene of Kenyasi No. I died. After the burial of the Omanhene, the task of finding a suitable candidate to succeed him was entrusted to Nana Yaa Adutwumwaa, the (1st Respondent herein) in her capacity as the Queen mother of Kenyasi No. 1 as demanded by custom and tradition.
There was some competition for the successorship to the vacant Omanhene stool of Kenyasi No.1. To this end, out of three eligible candidates who expressed and or showed interest in the stool including Nana Antwi Bosiako, the Akwasiase Abrantehene (4th Appellant) herein, the Queenmother, 1st Respondent nominated one Osei Kofi Abiri (5th Respondent herein) to succeed the late Omanhene of Kenyasi No. 1 and subsequently handed him over to the Gyasehene to be introduced to the elders of the Royal Family.
At a point when the Gyasehene was about to introduce the 5th Interested Party to the elders of the Royal Family as part of the installation process of the successor to the late Omanhene, the 4th Appellant, Nana Antwi Bosiako, invoked the Great oath of Otumfuo (Ntamkese) against the 1st Respondent, Nana Adutwumwaa, the Queen mother to the effect that the stool in question belongs to his grandfather Mensah Kumta and if she the 1st Respondent, nominated someone who is not a descendant to his grandfather, then she had violated the Great Oath of Otumfuo (Ntamkese). The other reason the 4th Appellant invoked the Great Oath against the 1st Respondent was to the effect that although they are from the same family, the 1st Respondent is not a royal to the stool in question and therefore if she nominates someone to occupy the Kenyasi No. I stool, she violates the Great Oath of Otumfuo.
BEFORE OTUMFUO AT MANHYIA
As is demanded by custom, the matters raised by the swearing of the Great Oath have to be presided over by Otumfuo Osei Tutu II and the Asanteman Council.
As a result, the Asanteman Council presided over by the Otum