NANA YEBOAH-KODIE ASARE II AND NANA KWAME SARFO KANTANKA vs. NANA KWAKU ADDAI AND OTHERS

JONES DOTSE, J.S.C. Article 277 of the Constitution, 1992 provides as follows:- “A Chief is 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 queen mother in accordance with relevant customary law and usage.” The Chieftaincy Act, 2008 (Act 759) also repeats verbatim the said definition of a Chief in section 57 (1) thereof. From the above definition of a Chief, the following are essential ingredients and pre-requisites:- i. The person must qualify to be a Chief, in that, he or she must hail from the appropriate family or lineage. In other words, to qualify to be a Chief, you must first be a royal to start with. See also article 181 of the Constitution 1979 which also defined a chief in pari materia as the definition in article 277 of the Constitution 1992 already referred to supra. Despite the fact that the P.N.D.C Establishment Proclamation abrogated the Constit...