[2020]DLSC9913 • November 11, 2020 • Supreme Court •
NANA AGYARE BOFOUR IV & ANOTHER vs. JOSEPH ADADE ANSAH & 2 OTHERS
The petitioner, Nana Agyare Bofour IV, claimed to be the duly installed chief of Kojo Bofour and Adontenhene of Yeji Traditional Area. The 1st respondent, Joseph Adade Ansah, was also purportedly nominated, elected, and installed as chief of the same stool, a fact disputed by the petitioner. The petitioner alleged wrongful nomination and installation by the respondents, particularly implicating the 3rd and 4th respondents (Omanhene of Yeji and Yeji Traditional Council) in the process without the involvement of the rightful kingmakers. The petitioner filed suit challenging the legitimacy of the 1st respondent's chieftaincy and sought declarations and injunctions against the respondents.
read moreJUDGMENT OF DOTSE, JSC:- On the 11th day of November 2020, this court by a unanimous decision, dismissed the appeal filed by the Petitioner/Appellant/Appellant, hereafter referred to as the Petitioner, against the decision of the Judicial Committee of the National House of Chiefs dated 30th day of August 2018 which decision was in favour of the Respondents/Respondents/Respondents hereafter referred to as Respondents. We now proffer reasons for our decision. This case no doubt is a cause or matter affecting chieftaincy. It therefore takes its roots from the Constitution 1992. But how did this all evolve under the Constitution of 1992? Report of the Committee of Experts, (Constitution) on Proposals for a Draft Constitution of Ghana which was presented to the P.N.D.C on 31st July 1991 states as follows in paragraphs 339, and 340 of the Report on page 156. 339. “It is worth recalling that Akufo-Addo Report recommended the integration of chieftaincy with the local government system .....