[2000]DLSC327 • December 15, 2000 • Supreme Court •
IN RE MOSHIEHENE OF KUMASI; ABDULRAHMAN vs. ABUBAKARI
Following the death of Alhaji Abdulrahman Adam, head of the Moshie community in Kumasi, a dispute arose over his successor. Two factions emerged: the council of elders nominated Alhaji Ibrahim Abdulrahman (plaintiff/applicant), while subcommunity heads nominated Alhaji Adamu Abubakari (defendant/respondent). Both claimed the position of Moshiehene of Kumasi. The plaintiff sued for declaration as the substantive head and injunctions against the defendant. The High Court ruled in favor of the plaintiff, recognizing his nomination by the council of elders and installation by the Mamprusihene of Kumasi as valid, while dismissing the defendant's claim.
read moreJUDGMENT OF EDWARD WIREDU JSC. I have had the privilege of reading before hand the able and learned opinion about to be read by my brother Acquah JSC in this case—being an application for a review of the majority decision of this court given on 13 May 1998. I concur in both his reasoning and conclusion. Article 277 of the Constitution, 1992 defines a “chief “as follows: “277. In this Chapter unless the context otherwise requires, a ‘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.” (The emphasis is mine.) And in the celebrated case of Mosi v Bagyina [1963] 1 GLR 337, SC the Supreme Court held, as stated in holding (4) of the headnote as follows: “(4) Where a judgment or an order is void either because it is given or made without jurisdiction or because it is no...