Supreme Court throws out Pulima chieftaincy case, slaps GHC20,000 cost on appellant

The Apex Court of Ghana has on Wednesday, February 14, 2024, dismissed an appeal contesting the judgements of both National and Regional House of Chiefs.

In addition, the Supreme Court slapped the appellant with a cost of GHC20,000.00.
This came about when Mr. Nyasu Amidu, the appellant, after a plea bargain by the appellant’s lawyer to show mercy to his client.

The petitioners/Respondents lawyer, had initially asked for a cost of Ghc50,000 against the appellant, but the bench eventually awarded 20,000 cedis.

Both judgements contended that the Gbanha Family, from which the current Pulima Kuoru hails, is the rightful gate to present a candidate for enskinment as chief of the area following the death of Kuoru Kpunia Nankpa II in 1998.

Mr. Nyasu asserted that he was the rightful candidate to occupy the Pulima Skin and not Kuoru Osman Deiwia Nakpa III, who was enskinned in 2017 and eventually outdoored in 2019, following a ruling by a three(3)-member Judicial Committee of the Upper West Regional House of Chiefs (UWRHOC).

The Gbanha family had petitioned the House to stop Mr. Amidu Abdulai Nyasu from holding himself as the Paramount Chief of Pulima and also to affirm that Alhaji Abdulai Deiwia Nankpa was the rightful elected chief.

The Judicial Committee of the UWRHOC had held that the Gbanha family was the only legitimate royal family that could occupy the Pulima Skin.

The committee further stated that Mr. Nyasu was not a Pulima royal and could therefore not be enskinned as chief of the area.

Mr Amidu Abdulai
Nyasu disagreed and averred that the UWRHOC erred in its ruling, thus, filed an appeal at the National House of Chiefs (NHOC), seeking to overturn the decision of the UWRHOC.

But on May 23, 2019, the NHOC also found no merit in his argument and accordingly endorsed the decision of the UWRHOC, and awarded a cost of GHC21,000.00 against the appellant.

Still not satisfied, Mr. Nyasu Amidu again filed an appeal at the Supreme Court against the NHOC’s decision.

After considering his argument and counter argument from the defendants, the Apex Court upheld the decision of the NHOC and further awarded a cost to the tune of GHC20,000.00 against the appellant.

This ruling means that the 2017 enskinment of Kuoru Osman Deiwia Nankpa III was legitimate, thus he will continue to reign as the Paramount Chief of Pulima and President of the Pulima Traditional Council.

Following the latest ruling from the Supreme Court, the Pulima Kuoru told this portal that his interest is to promote peace and foster unity among all persons in the area, which, he noted, is necessary for the development of the community and the entire traditional area.

According to him, the community can only gain total development if there is unity and peace.

Kuoru Osman Deiwia Nankpa III called for calm in the community and asked for community commitment to reconcile the two parties, that is, the Chebe-Beinyorba families and the Gbanha-Wawai families.

He indicated that his doors are open for total unification of the area.

Background

For about two decades, following the death of Kuoru Kpunia Nankpa II in 1998, the Pulima community in the Sissala West District of the Upper West Region was without a chief due to disagreement over who was the legitimate candidate for the skin.

One Mr. Amidu Abdulai Nyasu was holding himself as the chief of the area but the Gbanhaa -families questioned his legitimacy to be the chief of Pulima.

It was argued that Mr. Amidu was not of royal blood and therefore cannot be enskinned as Pulima Kuoru.

The Gbanha family therefore nominated then Mr. Alhaj Abdulai Deiwia Nankpa as the candidate to be enskinned as Pulima Kuoru.

But this was met with resistance by the Nyasu family who was insistent that Nyasu Amidu was the next to lead Pulima as chief.

The Gbanha family then petitioned the UWRHOC in 1999 to decide on who was the legitimate heir to the Skin.

A three(3)-member judicial committee of the UWRHOC unanimously declared Alhaji Deiwia Abdulai Nankpa of the Gbanha family as the legitimate Paramount Chief of Pulima in the (Gandawi) Traditional Area.

The verdict read at the time by Lawyer Clement Eledi, legal counsel for the UWRHOC, said Nyasu Amidu is not a prince and hence not eligible to be the chief of Pulima.

He was ordered to stop, with immediate effect, from parading himself as the chief of pulima since he was not appointed or elected by the people of Pulima.

Mr. Nyasu had also been fined GHS10,000.00, payable to the Gbanha Family.

Mr Adamu Nankpa, the oldest prince and Head of the Gbanhaa Wawai families, said the late Pulima Kuoru Kpunia Nankpa II, had lived from 1891 to 1998.

He ruled the Pulima (Gandawii) Traditional Area, comprising nine communities for 44years after inheriting the Skin from his late father, Diewia Nankpa I, the first paramount chief of Pulima, who had also ruled for 46years.

According to Mr Adamu Nankpa, the people of Pulima and all communities under his paramountcy adored, reverred, respected and cherished his leadership qualities; humility, generosity and above all his fairness and justice in case delivery.

He was not educated and yet more than a legend.

He was very just and honest in His proceedings, the oldest prince narrated.

The Nankpa family had ruled the area for 90 years with peace and harmony and brought happiness in the lives of the people.

However, the Pulima (Gandawi) Traditional Area, since the death of the late Chief Kuoru Kpunia Nankpa II in 1998, the place has not been able to develop a clear vision due to the chieftaincy impasse that ensued.

This latest development is expected to bring stability and peace in the area, which will open a window for the community and its leaders to create a vision that will inure to the benefit of all.