Sramangyedua Iii and Others Vrs Nketia and Others [2011] GHASC 25 (26 October 2011)

Sramangyedua Iii and Others Vrs Nketia and Others [2011] GHASC 25 (26 October 2011)

The queen mother was not given reasonable time to nominate a candidate; the kingmakers' actions in bypassing her and involving another person were invalid. Nomination by anyone other than the queen mother, while she remains in office, is void. All subsequent processes based on the flawed nomination are equally void.

Citation
[2011] GHASC 25
Parties
Petitioner/appellant: Nana Atoaa Sramangyedua III; Petitioner/appellant: Nana Dr. Abrefa Mensah Abrampa; Petitioner/appellant: Nana Owusu Achiaw Kusi II; Petitioner/appellant: OheneBa Dr. Krabiri Boateng I; Respondent/appellant: Kwadwo Nyam Nketia; Respondent/appellant: Nana Owusu Ansa Kokroko; Respondent/appellant: Nana Kumi Adusi Poku
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
26 October 2011
Procedural Posture
Chieftaincy Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Nomination of Chiefs, Role of Queen Mothers, Customary Practice, Validity of Installation, Capacity to Nominate
Source Language
English
Customary Law Constitutional Law Chieftaincy Nomination of Chiefs Role of Queen Mothers Customary Practice Validity of Installation Capacity to Nominate

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Parties

Nana Atoaa Sramangyedua III

Petitioner/appellant

Nana Dr. Abrefa Mensah Abrampa

Petitioner/appellant

Nana Owusu Achiaw Kusi II

Petitioner/appellant

OheneBa Dr. Krabiri Boateng I

Petitioner/appellant

Kwadwo Nyam Nketia

Respondent/appellant

Nana Owusu Ansa Kokroko

Respondent/appellant

Nana Kumi Adusi Poku

Respondent/appellant

Procedural Posture

Chieftaincy Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the queen mother unreasonably refused to nominate a candidate for the Wenchi Paramount Stool
  2. 2 Whether kingmakers properly exercised their rights to nominate and enstool the chief upon the queen mother's refusal
  3. 3 Whether the report of the Committee of Enquiry on Wenchi Stool Affairs could validly be relied upon for judgment

Ratio Decidendi

The queen mother was not given reasonable time to nominate a candidate; the kingmakers' actions in bypassing her and involving another person were invalid. Nomination by anyone other than the queen mother, while she remains in office, is void. All subsequent processes based on the flawed nomination are equally void.

Court Disposition

appeal dismissed

Orders

  • The purported nomination, election, selection, enstoolment, and installation of the first appellant are declared void.
  • Judgment for respondents; appellants' claims dismissed.