Andakwei and Others Vrs Abaka and Others [2018] GHASC 47 (18 July 2018)

Andakwei and Others Vrs Abaka and Others [2018] GHASC 47 (18 July 2018)

The Supreme Court held that the long absence of Nenyi Kwaku Issiw VI did not amount to abdication under customary law as the necessary requirements were not met. Therefore, the stool was not vacant and the installation of another chief was null and void. The lower tribunals erred by not applying the established legal requirements for abdication.

Citation
[2018] GHASC 47
Parties
Petitioners/appellants/appellants: NENYI KOBINA ANDAKWEI IV (SUBSTITUTED BY NENYI KWAME KOTSIA IV), JOSHUA KWAKU BENTUM, NAASE NKWANTA OTUBA II, OPANIN KOW AGYARE (SUBSTITUTED BY KOW ATTEH), SUPI KOBINA ESOUN; Respondents/respondents/respondents: KOW LARBIE @ KOBINA ABAKA II (SUBSTITUTED BY NENYI KOBINA AFFIR), KOBINA AFFIR, SUPI KOW ASAFUA (SUBSTITUTED BY NENYI NICHOLAS TETTEH), ALBERT ABOAGYE
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
18 July 2018
Procedural Posture
Chieftaincy Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed
Legal Topics
Abdication of Chief, Vacancy of Stool, Customary Law Requirements, Destoolment, Installation of Chief
Source Language
English
Chieftaincy Law Customary Law Abdication of Chief Vacancy of Stool Customary Law Requirements Destoolment Installation of Chief

Case Brief

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Parties

NENYI KOBINA ANDAKWEI IV (SUBSTITUTED BY NENYI KWAME KOTSIA IV), JOSHUA KWAKU BENTUM, NAASE NKWANTA OTUBA II, OPANIN KOW AGYARE (SUBSTITUTED BY KOW ATTEH), SUPI KOBINA ESOUN

Petitioners/appellants/appellants

KOW LARBIE @ KOBINA ABAKA II (SUBSTITUTED BY NENYI KOBINA AFFIR), KOBINA AFFIR, SUPI KOW ASAFUA (SUBSTITUTED BY NENYI NICHOLAS TETTEH), ALBERT ABOAGYE

Respondents/respondents/respondents

Procedural Posture

Chieftaincy Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the long absence of Nenyi Kwaku Issiw VI constituted abdication and rendered the Senya Beraku Stool vacant
  2. 2 Whether the respondents rightly installed the 4th respondent as Paramount Chief

Ratio Decidendi

The Supreme Court held that the long absence of Nenyi Kwaku Issiw VI did not amount to abdication under customary law as the necessary requirements were not met. Therefore, the stool was not vacant and the installation of another chief was null and void. The lower tribunals erred by not applying the established legal requirements for abdication.

Court Disposition

Appeal allowed

Orders

  • Decisions of the Central Regional House of Chiefs and the National House of Chiefs set aside
  • Nenyi Kwaku Issiw VI remains the lawfully installed Paramount Chief of Senya Beraku