ALHAJI ISSAH BUKAR AND NAA MUMUNI SAAKA vs. MAHAMA BAYONG, YERI NAA ALHAJI MOGTARI, FUSEINI SEIDU PELPUO AND MAHAMA SEIDU KUNLUGU

Following the death of Wa Naa Yakubu Seidu Soalle II on 3rd September 2006, a vacancy arose in the Wa Paramount skin. The 1st respondent, as Tindana/Widana of Wa and purported lead kingmaker, convened a meeting of five out of seven recognized Kingmakers on 19th January 2007 to nominate and elect a new Wa Naa. The 3rd respondent was elected and enskinned on 21st January 2007. The appellants challenged the election, alleging it was contrary to customary law, and filed a petition. The respondents denied the claims and cross-petitioned for recognition of the 3rd respondent's election and enskinment. The petition was dismissed by the Upper West Regional House of Chiefs (UWRHC) and the National House of Chiefs (NHC), leading to this Supreme Court appeal.

AKAMBA, JSC;- This is an appeal from the decision of Judicial Committee of the National House of Chiefs (herein after simply NHC) which affirmed an earlier decision by the Judicial Committee of the Upper West Regional House of chiefs (simply referred to as UWRHC) against the petitioners/appellants/appellants herein in a dispute over who is the appropriate person under customary law of the Wala Traditional area to convene a meeting for the nomination and election of a Wa-Na. This chieftaincy dispute is one of the numerous such disputes that have plagued the Northern parts of our dear country over the years with the unpleasant consequence of sapping the energies and resources of whole communities which could have been spent in productive ventures. This case commenced by petition at the UWRHC in 2007. In between the time of filing in 2007 and the present appeal before us this 2014 what has been dissipated in the nature of financial resources and man hours, not to speak of the level ...