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NANA YEBOAH-KODIE ASARE II AND NANA KWAME SARFO KANTANKA V. NANA KWAKU ADDAI AND OTHERS

(2014) JELR 68681 (SC)

Supreme Court  •  CIVIL APPEAL NO. J2/2/2013  •  21 May 2014  •  Ghana

Coram
ANSAH JSC (PRESIDING), ADINYIRA (MRS) JSC, DOTSE JSC, ANIN-YEBOAH JSC, AKAMBA JSC

Judgement

JUDGMENT

MAJORITY OPINIONS

JONES DOTSE, J.S.C.

Article 277 of the Constitution, 1992 provides as follows:-

“A Chief is a person who hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a Chief or queen mother in accordance with relevant customary law and usage.”

The Chieftaincy Act, 2008 (Act 759) also repeats verbatim the said definition of a Chief in section 57 (1) thereof.

From the above definition of a Chief, the following are essential ingredients and pre-requisites:-

i. The person must qualify to be a Chief, in that, he or she must hail from the appropriate family or lineage. In other words, to qualify to be a Chief, you must first be a royal to start with.

See also article 181 of the Constitution 1979 which also defined a chief in pari materia as the definition in article 277 of the Constitution 1992 already referred to supra. Despite the fact that the P.N.D.C Establishment Proclamation abrogated the C…

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