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Regional News of Tuesday, 19 March 2024

Source: Ansah Bodza, Contributor

Another injunction sought at National House of Chiefs on the enskinment of new chief for Kaleo

Yahaya Witol is the petitioner Yahaya Witol is the petitioner

The members of the Nazieyiri subgate of the Nayipaala Royal Gate of Kaleo in the Upper West Region have sought another injunction at the National House of Chiefs on the enskinment of a new chief for Kaleo.

According to the writ in the possession of this reporter, the petitioner is Yahaya Witol from the Nazieyiri subgate, while the respondent is John Putieha Badingu.

It states, “This hounourable judicial committee shall be moved by Mujeeb Rahaman Ahmed ESQ, counsel for and on behalf of Petitioners/Respondent/Respondents/ Applicant herein FOR AN ORDER OF INJUNCTION RESTRAINING THE CO-PETITIONER/RESPONDENT/ RESPONDENT HEREIN either acting by himself or in concert with others, his agents, assigns and other person claiming through him from going ahead to nominate, elect/select, install and or outdoor any person as paramount chief of Kaleo Traditional Arae pending the determination of the application for LEAVE TO APPEAL TO THE SUPREME COURT upon grounds specified in the accompanying affidavit.”

The latest petition follows an earlier one that was sent to the Supreme Court and later withdrawn.

The withdrawal was due to procedural error and to follow the proper procedure by applying to the NHC.

This was done and filled on the 13th of March 2024 and the Motion of Leave to appeal and the injunction were served on the co-petitioner on the 14th of March 2024, while the Regional Police Commander, the District police Commander of Nadowli-Kaleo and the Acting President, Kaleo Traditional Council were served with the Motion of injunction on the same day.

The previous petition prayed on the Supreme Court at the time to set aside a ruling by the National House of Chiefs on who qualifies to be installed as Kaleo Naa.

The petitioner was Yahaya Witol from the Nazieyiri subgate and the respondent is John Putieha Badingu.

They also wanted the apex court to affirm the procedure provided by the Judicial Committee of the Upper West Regional House of Chiefs for the nomination of a candidate by the Nayipaala Gate for enskinment as Kaleo Naa.

A ruling by the Upper West Regional House of Chiefs in favor of the petitioners and the co-petitioners provided a roadmap leading to the nomination, selection, and enskinment of a Kaleo Naa.

Dissatisfied with the ruling of the Regional House of Chiefs, the respondents appealed to the National House of Chiefs in April 2020.

The NHC, in October 2022, affirmed the decision of the Upper West Regional House of Chiefs with a variation and gave November 29, 2022, to provide the reasons for the variation.

On November 29, 2022, the reasons were not given until November 24, 2024, when the reasons were given. The case has since travelled from the Upper West Regional House of Chiefs to the National House of Chiefs and is heading towards the Supreme Court.

Still not satisfied with the decision, the petitioners filed an action at the Supreme Court, asking the apex court to grant an order of Interlocutory Injunction against respondents, barring them from enskinning or outdooring any person as Kaleo Naa pending the determination of the application against the earlier ruling.

The Kaleo Traditional Skin became vacant following the demise of the respected Naa Banaanmwini Sandu II on February 17, 2014.

Dying at age 75, the adorned paramount chief had unified the traditional area during his 34-year reign, earning the respect of not just his people but also his region and his country.

Before his death, he had served as Vice-President of the National House of Chiefs and as a Board Member of the National Commission on Culture.

A dispute, however, erupted over the selection of his successor after his burial in May 2014.

A Council of Elders was constituted in line with customary law and practices of the people to commence the selection and enskinment process.

This council had representation from the four subgates of the main Nayipaala Chieftaincy Gate namely; Goriyiri, Mwanjaari, Nazieyiri, and Bayauyiri, as well as representation from the Nayikori Chieftaincy Gate in observer status.

Disagreement, however, soon engulfed the Council of Elders’ consultative engagements.



The Nazieyiri and Mwanjaari subgate argued that the sole business of this Council of Elders was to determine which of the four subgates of Nayipaala main Gate was due to provide a candidate for the Skin.

On the other hand, the Bayauyiri subgate argued against any such determination since, as they claim, any person within the Nayipaala Chieftaincy Gate could be selected to ascend to the Skin as it was the turn of the Gate.

In effect, while Nazieyiri and Mwanjaari claim the Skin was rotational between the four subgates of Nayipaala (once it became the Gate’s turn to occupy the Skin), Bayauyiri claimed there is no such system of rotation and that any qualified person could aspire to ascend to the Skin.

While this disagreement persisted, Naa Seidu Batuole was nominated and elected by Nabikpeng Sanjie Mwinibankoro (deceased) and Ningkpeng Daniel Ziama as Kaleo Naa elect.

But, before the purported Naa elect could be enskinned, Nazieyiri took the matter to the Regional House of Chiefs and was joined by Nyangayiri.

The case has since travelled from the Regional House of Chiefs to the National House of Chiefs and is now before the Supreme Court with an application for an injunction and leave to appeal against the National House of Chiefs’ decision.