Supreme Court fixes March 5 to hear case over the enskinment of new Kaleo chief

The Supreme Court has fixed March 5, 2024, to hear a case brought by some members of the National House of Chiefs on who qualifies to be installed as Kaleo Naa.

This comes after members of the Nazieyiri subgate of the Nayipaala Royal Gate of Kaleo in the Upper West Region, petitioned the apex court to challenge the ruling of the National House of Chiefs.

The petitioner in the case is Yahaya Witol from the Nazieyiri subgate, and the respondent is John Putieha Badingu.

The petitioner is challenging the ruling of the National House of Chiefs, which declared that it is the turn of the Nyagayiri section of Kaleo to nominate a candidate for enskinment as Kaleo Naa.

They also resorted to 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.

The respondents in this case, led by Sanjie Mwinibankoro (substituted by Alhaji Shaibu Batuole), contend that it is the turn of the Bayuayiri and/or Goriyi gates of the larger Nayipaala gate to provide a candidate for enskinment as Kaleo Naa.

An earlier 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.

The case will be heard at 9:30 am at the Supreme Court on March 5.

Background

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

The National House of Chiefs, on November 24, 2023, affirmed the earlier decision by the Upper West Regional House of Chiefs—with variations—but gave no reasons for its decision.

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 the 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 subgates 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 up the matter with the Regional House of Chiefs and was joined by Nyangayiri (an offshoot of Nazieyiri).

The case has since traveled 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.

NW/MA

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