November 25, 2020
SUPREME COURT
GHANA
CORAM
MAJORITY OPINION
DORDZIE, JSC (MRS.):-
In order to make the conclusions I would come to in this appeal clear, I find it necessary to
carefully outline the sequence of how events unfolded in this matter from the Judicial Committee
of the Sekondi Traditional Council through the High Court to the Court of Appeal and finally to
this Court, the apex court. Particularly because I find some of the facts as laid out in the
submissions of both sides in this appeal a bit distorted.
By a writ of summons dated 15th day of June 2005 The respondent in this court Ebusuapanyin
Kwamina Essa (described as the head of family of the Kokodo Ebiradze Royal family of Fijai
Kweikuma) per an attorney, Kofi Susu and 3 others instituted an action in the Sekondi
Traditional Council against Opanyin Kwesi Musu the interested party herein and another. Their
claims, per the record are as follows:-
a. A declaration that the nomination and selection of one Amo as the chief of Fijai by
the defendants is contrary to the custom and tradition of Fijai and therefore null and
void.
b. A declaration that the 3rd plaintiff was validly nominated, selected confirmed, and
outdoored as the chief of Fijai.
In the statement of claim accompanying the writ, the plaintiffs alleged the 3rd plaintiff Nana
Agyeman Gyesa alias Alfred Kwofie was lawfully installed by the kingmakers of the royal
family with the approval of the 2nd defendant, the Queen mother of the said royal family. Not
long after the installation, the 1st defendant with the collaboration of the 2nd defendant have
installed another person, one Amo, as chief of Fijai thereby creating confusion in the community.
The defendants responded to the writ by filing a motion to dismiss it. On the 21st of December
2005 the Judicial Committee dismissed the motion and gave the case a full hearing. In an
undated judgment marked as exhibit EKS5 at page 22 of the record, the Committee gave its
decision as follows: “Considering the nature of the case brought before the Judicial
Committee of Sekondi Traditional Council and how both nominations, confinements and
installations took place by the Plaintiffs and Defendants at Fijai, the committee is of the
opinion that the claim of the Plaintiffs ought to be dismissed and it is hereby dismissed
accordingly and at the same time declare both installations by Plaintiffs and Defendant null
and void and have no custom and legal effect. No order as to costs. “
From the claims placed before th
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AI Generated Summary
This Supreme Court appeal concerns a chieftaincy dispute from the Kokodo Ebiradze Royal Family of Fijai. In 2005, Ebusuapanyin Kwamina Essa (through attorney Kofi Susu) sued before the Sekondi Traditional Council over rival installations of Amo (by Opanyin Kwesi Musu’s faction) and Nana Agyeman Gyesa alias Alfred Kwofie. In 2006, the Judicial Committee dismissed the case and declared both installations null, adding a non-binding advisory to unite and appoint an overall head of family. A 2006 letter (EKS7) recorded consensus nominating Alfred Justice Kwofie. In 2013, the Committee, at the Traditional Council’s summons, revisited the matter and ruled Kwesi Musu eligible to ascend the Fijai stool. Kofi Susu sought certiorari; the High Court refused, but the Court of Appeal quashed the Committee’s decision for lack of jurisdiction. The Supreme Court majority (Dordzie, JSC; with Dotse, JSC and Prof. Kotey, JSC) affirmed, holding the Committee was functus officio, its 2013 proceeding was impermissibly initiated suo motu, and certiorari was appropriate. Pwamang, JSC dissented; Appau, JSC concurred in the dissent.