BIMBILLA NA, SALIFU DAWUNI AND JUO REGENT, OSMAN MAHAMA vs. ANDANI DASANA AND AZUMAH NATOGMA [2018]DLSC5626

BIMBILLA NA, SALIFU DAWUNI AND JUO REGENT, OSMAN MAHAMA vs. ANDANI DASANA AND A... [2018]DLSC5626

Date	2018-05-23
Suit No.	CHIEFTAINCY APPEAL NO: J2/01/2017
Citation No.	[2018]DLSC5626

ANSAH JSC (PRESIDING)

YEBOAH JSC

BAFFOE-BONNIE JSC

APPAU JSC

PWAMANG JSC

THADDEUS SORY WITH HIM ALI JUAN JAGIARA FOR THE PETITIONERS/ APPELLANTS/APPELLANTS.

MOHAMMED ALHASSAN FOR THE RESPONDENTS/RESPONDENTS/ RESPONDENTS.

[2018]DLSC5626
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													<main id="main" class="content" style="min-height: 60rem" >BIMBILLA NA, SALIFU
DAWUNI AND JUO REGENT, OSMAN MAHAMA<o:p></o:p>(PETITIONERS/APPELLANTS/APPELLANTS)<o:p></o:p>vs.<o:p></o:p>ANDANI DASANA AND AZUMAH NATOGMA<o:p></o:p>(RESPONDENTS)<o:p></o:p>[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">

CHIEFTAINCY APPEAL NO:
J2/01/2017&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: 23RD
MAY, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>THADDEUS SORY WITH HIM ALI
JUAN JAGIARA FOR THE 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">

MOHAMMED
ALHASSAN FOR THE RESPONDENTS/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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ANSAH
JSC (PRESIDING), YEBOAH JSC, BAFFOE-BONNIE JSC, APPAU JSC, PWAMANG JSC <o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGMENT<o:p></o:p>

</div>PWAMANG, JSC:-<o:p></o:p>This is an appeal by the Petitioners/Appellants/Appellants
from the judgment of the Judicial Committee of the National House of Chiefs,
Kumasi, delivered on the 8th October, 2014 which affirmed that of
the Judicial Committee of the Northern Regional House of Chiefs. In this
judgment the parties shall bear the descriptions they bore in the trial
Judicial Committee. <o:p></o:p>BACKGROUND.<o:p></o:p>There is not much controversy about the events
that gave rise to this chieftaincy dispute but the correct provisions of Nanum
customary law on ascension &nbsp;to the
paramount Skin of Bimbilla in the Northern Region and the lineage of the 1st
petitioner are matters in high contention in the case. <o:p></o:p>Following the death in 1999 of the Paramount Chief
of Bimbilla Traditional Area, Na Abarika Atta, a dispute &nbsp;arose between the parties herein as to who was
the rightful successor to the throne. The Bimbilla skin rotates between two
gates, the Bangyili and Gbugmayili gates. Na Abarika, the late chief was from
the Bangyili gate so it was the turn of the Gbugmayilli gate to provide a candidate
for enskinment as Bimbilla Na. By the constitutional structure of Nanum each
gate or family controls a number of chiefly skins in hierarchical order of authority
with the highest skin for Bangyili being Dakpam and that of Gbumagyili being
Nakpa. In Nanum the Skin which is higher than these two kingship skins is the
Bimbilla paramount Skin, the ultimate in Nanum. A royal from Bangyili who rises
from the lower skins controlled by his family up to Dakpam is most likely to
occupy the Bimbilla Skin when a vacancy occurs and it is the turn of his family
to provide an occupant for the paramount Skin. In same way, a royal of
Gbumagyili who rises from skins of lesser authority in his family to the
kingship skin of Nakpa is most likely to ascend to the Bimbilla paramount skin
if a vacancy occurs and it is the turn of his family to occupy it. But there
have been instances in Nanum history where persons have risen to the ultimate
Bimbilla paramount Skin without passing through the kingship skins of Dakpam
and Nakpa. <o:p></o:p>As stated above, following the death of the last
Bimbilla Na it fell to Gbumagyili gate to present an occupant of the skin and the
1st Petitioner who was the incumbent Nakpa Na and the 1st
Defendant who was a royal and also hailed from the Gbugmayili family expressed
interest to be nominated and enskinned as Bimbilla Na. When the kingmakers met
to consider who would become the next Bimbilla Na, 1st petitioner was nominated
by Juo Regent, the 2nd petitioner, who is the head of the kingmakers of the
Bimbilla skin. However, the eligibility of 1st petitioner to mount the Skin was
challenged by the acting Kpatihi Na, the 2nd defendant, who is a member of the
council of kingmakers. He contended that the 1st petitioner was not of the
right lineage and did not qualify to be nominated. 2nd defendant supported 1st
defendant who was nominated by the elders of Gbumagyili family to become the
next Bimbilla Na. A majority of the&nbsp; kingmakers
went along with 2nd defendant in supported of the 1st defendant. The kingmakers
were unable to arrive at a consensus and it ended up that both candidates were &nbsp;enskinned on different dates as Bimbilla Nas. According
1st petitioner's evidence-in-chief, it was the Regent of the late Bimbilla Na
Abarika who handed all the items related to the Skin of Bimbilla to him but 2nd
petitioner said he sent Jillo Na and Jolle Na to perform the enskinment rites
on 1st petitioner. 1st defendant was enkinned by 2nd defendant who, according
to defendants, is the proper authority under Nanum custom to enskin a Bimbilla
Na. Before the enskinment, a chiefly title of Kamkapuya Na was conferred on the
1st defendant because according to the defendants, under Nanum customary law,
where a royal who was qualified to be made Bimbilla Na h</main>