NANA ATOAA SRAMANGYEDUA III, NANA DR. ABREFA MENSAH ABRAMPA, NANA OWUSU ACHIAW KUSI II AND OHENEBA DR. KRABIRI BOATENG I vs. KWADWO NYAM NKETIA, WENCHI, NANA OWUSU ANSA KOKROKO AND NANA KUMI ADUSI POKU

Following the death of Nana Abrefa Mbore Bediatuo VII, the paramount chief of Wenchi Traditional Area in 2004, a dispute arose over the nomination and installation of his successor. After a petition by a former chief was dismissed, the kingmakers requested the queen mother to nominate a candidate to replace the deceased chief. The queen mother requested three weeks to make the nomination, but the kingmakers insisted on an immediate nomination, giving her only about 24 hours. When the queen mother did not nominate within this short period, the kingmakers bypassed her and had Madam Abena Frema Atuahene, who was not a queen mother, nominate and install Kwadwo Nyam Nketia as chief. The queen mother and others challenged this nomination and installation as invalid.

BROBBEY JSC: This is the unanimous judgment of the court. The facts which gave rise to this litigation were as follows: Nana Abrefa Mbore Bediatuo VII was the paramount chief of Wenchi Traditional area. He died on July 7, 2004. After his death, a former chief of Wenchi, Nana Kusi Appea, filed a petition at the Brong Ahafo Regional House of Chiefs. The petition was against the Wenchi Queen mother and the Wenchi Traditional Council. The petition was mainly for a declaration that he was the sitting chief of Wenchi Traditional Area. The petition was filed in April 2005. It was finally determined in favour of the queen mother and the Traditional Council on the 6th of June 2006. A series of meetings followed the determination of the case on that day. The most relevant of the decisions taken at the meetings was that the king makers requested the queen mother to nominate a person to be considered as a chief for the Wenchi Traditional Area to replace the deceased chief. The queen mother re...