EDWARD WIREDU JSC.
I have had the privilege of reading before hand the able and learned opinion about to be read by my brother Acquah JSC in this case—being an application for a review of the majority decision of this court given on 13 May 1998. I concur in both his reasoning and conclusion.
Article 277 of the Constitution, 1992 defines a “chief “as follows:
“277. In this Chapter unless the context otherwise requires, a ‘chief ‘ means 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 queenmother in accordance with the relevant customary law and usage.”
(The emphasis is mine.)
And in the celebrated case of Mosi v. Bagyina [1963] 1 GLR 337, SC the Supreme Court held, as stated in holding (4) of the headnote as follows:
“(4) Where a judgment or an order is void either because it is given or made without jurisdiction or because it is not warranted by any law or rule or procedure, t…