ALHAJI ISSAH BUKAR AND NAA MUMUNI SAAKA vs. MAHAMA BAYONG, YERI NAA ALHAJI MOGTARI, FUSEINI SEIDU PELPUO AND MAHAMA SEIDU KUNLUGU [2014]DLSC2942

ALHAJI ISSAH BUKAR AND NAA MUMUNI SAAKA vs. MAHAMA BAYONG, YERI NAA ALHAJI MOGTA... [2014]DLSC2942

Date	2014-05-21
Suit No.	CIVIL APPEAL NO. J2/1/2013
Citation No.	[2014]DLSC2942

ANSAH J.S.C. (PRESIDING)

ADINYIRA (MRS) J.S.C.

DOTSE J.S.C.

YEBOAH J.S.C.

AKAMBA J.S.C.

MR. ANANFURI JUSTICE SEIDU FOR PETITIONERS/APPELLANTS /APPELLANTS.

ANTHONY NAMOO WITH HIM ODOOM MENSAH FOR THE RESPONDENTS/ RESPONDENTS.

[2014]DLSC2942
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													<main id="main" class="content" style="min-height: 60rem" >ALHAJI ISSAH
BUKAR AND NAA MUMUNI SAAKA<o:p></o:p>vs.<o:p></o:p>MAHAMA
BAYONG, YERI NAA ALHAJI MOGTARI, FUSEINI SEIDU PELPUO AND MAHAMA SEIDU KUNLUGU<o:p></o:p>&nbsp;&nbsp; [SUPREME COURT,
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. J2/1/2013&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 21ST
MAY, 2014<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>MR.
ANANFURI JUSTICE SEIDU FOR PETITIONERS/APPELLANTS /APPELLANTS. <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ANTHONY
NAMOO WITH HIM ODOOM MENSAH FOR THE RESPONDENTS/ RESPONDENTS. <o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;mso-outline-level:1;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">ANSAH
J.S.C. (PRESIDING), ADINYIRA (MRS) J.S.C., DOTSE J.S.C., YEBOAH&nbsp; J.S.C.,AKAMBA J.S.C. <o:p></o:p>

</div>JUDGMENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

<o:p>&nbsp;</o:p>

</div>AKAMBA,
JSC;-<o:p></o:p>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.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>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 of disunity in leadership, is
anybody’s guess.&nbsp; The saddening part of
the whole matter is the narrowness of the issue that has brought the parties
this far. It is hoped that traditional councils all over the country will
follow the example of the few councils that have documented their customary
practices and resort to documentation thereof rather than reliance upon oral
traditions which are easily lost or forgotten. This is not to suggest that
codification or documentation will completely eradicate disputes but will make
for ease of resolution of them.<o:p></o:p><o:p>&nbsp;</o:p>BRIEF FACTS<o:p></o:p><o:p>&nbsp;</o:p>In
this presentation the petitioners/appellants/appellants would be referred to
simply as the appellant/s whilst the respondents/respondents/respondents would
be referred to as the respondent/s.<o:p></o:p>On
3rd September 2006 Wa Naa, Naa Yakubu Seidu Soalle II passed on. A
vacancy was thus created in the Wa Paramount skin. In order to fill this vacant
traditional position, the 1st respondent in his capacity as Tindana/Widana
of Wa and purported lead kingmaker, invited other Kingmakers of the Wa Paramouncy
to a meeting for the purpose of nominating and electing a new Wa Naa. The
meeting took place on 19th January 2007 and attended by five out of
the seven recognized Kingmakers. The outcome of the meeting was the election of
the 3rd respondent as the new Wa Naa. The 3rd respondent
was en-skinned as the Wa-Naa and the President of the Wala Traditional Council (WTC)
on 21st January 2007. The appellants, contending that the election
of the 3rd respondent was conducted contrary to the customs, traditions
and practices of the Wa Nam, filed a petition dated 22nd January
2007 challenging the said en-skinment. The respondents’ not only denied the
appellants claims but cross-petitioned that the 3rd respondent was
properly elected and enskinned. They also prayed for an injunction to restrain
the appellants from interfering with the 3rd respondent’s
performance of his duties and functions as a chief. &nbsp;The respondents’ cross petition was upheld by
the UWRHC whilst the petition was dismissed. An appeal by the appellants to the
NHC was also dismissed. <o:p></o:p>As
regards the original petitioners, it is worth noting that the 1st
and 3rd petitioners passed on during the pendency of the appeal
before the NHC. The original 1st Petitioner Alhaji Issah Bukar who
passed on was replaced by Alhaji Mahama Bukari while the 3rd
Petitioner Naa Mumuni Saaka, Sing Naa who also passed on was substituted by Naa
Abu Saliah Bafarado II. When the matter came on appeal before the NHC in Kumasi
the 2nd Petitioner /Appellant withdrew his appeal. He was
accordingly struck out as a party on 27th October 2010. The decision
of the NHC was therefore rendered against the two petitioners Alhaji Mahama
Bukari who would be referred to as the 1st appellant and Naa Abu
Saliah Bafarado II who would be referred to as the 2nd appellant.<o:p></o:p></main>