[2024]DLSC17455February 14, 2024Supreme Court

ABDULAI AMIDU NYASU vs. ALHAJI ABDULAI NANKPA AND ALHAJI BAWA GBANHA (SUBST. BY ZAKARIA NANKPA AND SUBST. BY ADAMU NANKPA)

The dispute concerns the rightful succession to the Pulima Skin in the Upper West Region, Ghana. The appellant hails from the Cheberbala family, while the respondents come from the Gbanhaala family, both branches of the Guivera Clan. Upon the death of the previous chief, Kpunia Nankpa, the respondents claim that Alhaji Abdulai Nankpa of the Gbanhaala family was duly nominated and enskinned as Kuoro of Pulima, later transferring the status to his son. The appellant contends he was validly nominated and enskinned by the kingmakers following his expression of interest and nomination by a different Johotina. The respondents challenged the appellant's enskinment as invalid, asserting exclusive rights of the Gbanhaala family to the Pulima Skin.

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JUDGMENT PROF. MENSA-BONSU (MRS.) JSC: This is an appeal by the respondents/appellants/appellants against the decision of the Judicial Committee of the National House of Chiefs dated 23rd May, 2019, in which they are seeking to invoke the jurisdiction of this honourable Court under Article 131 (4) of the Constitution of Ghana, 1992 to have the decision set aside. Facts and Background The petitioners and the respondents both hail from the same clan though from different families within the clan, at Pulima in the Upper West Region. The respondent/appellant/appellant (hereinafter referred to as appellant) hails from the Cheberbala family, and the petitioners/respondents/respondents (hereinafter referred to as respondents), from the Gbanhaala family, both families being different branches within the Guivera Clan of Pulima. The petitioners’ case is that, upon the death of Kpunia Nankpa (then Kuoro of Pulima) in the year 1998, Alhaji Abdulai Nankpa of the Gbanhanla family was selecte.....