I 
I Le!!on Journal of Sociology 3 (2), Dec., 2006-Junc, 2009: 70-91 71 Lc!!oll Journal of Sociology Vol. 3, No.2 "~U·R scholarly works on chieftaincy disputes COURTS, OUR CASES AND WE ARE THE .JUDGES": interviews were conducted with court in Ghana,2 the Houses of Chiefs which officers, judicial committee (panel) 
CHIEFS AS JUDGES IN THE HOUSES OF CHIEFS IN 
I are the official courts for the resolution members, disputants, and their GHANA of these disputes have suffered serious counscis, as well as the counsels 
academic neglect. In this paper I intend attached to these Houses. Observations 
Alhassan Sulemana Anamzoya* to show that the Houses of Chiefs in of judicial proceedings were also 
!-- Ghana are in a unique position; whilst undertaken at judicial committee Abstract retaining the customary nature of the sittings of the Houses of Chiefs, 
courts and making chiefs (the supposed alongside interactions and informal 
I Besides the Supreme COllrt, the Traditional Councils and the Hous~s o.(Chiefs are custodians of customary law on conversation with court officers before the official COllrts mandated by Ghana's 1992 Republican ~'onstlfl(tlOn and the chieftaincy disputes) the judges in these and after judicial proceedings. In the 
Chieflaincv Act, 2008 (Act 759) to adjudicate and determine the substa~ce ~f courts, these courts have incorporated Northern Regional House of Chiefs, the 
I chie(tainc}' succession disputes. The HOlls.es ofC~ief' serve as C~(.\·tOln~lI?J COUl ~s some of the judicial practices of the views of 26 disputing parties and their but have over the years incOlporated certam practices oft he Englzsh /ent' ~nto thel.~ common law courts into their judicial witnesses were sought as to whether the 
proceedings. Throllgh the historical method, interviews and obsc:rvatlOns, thl5. processes, transfom1ing them into a Houses of Chiefs should continue to 
paper explores the role ofc hiefs asjudges in Ghana's Houses.ofCI1lefs. T~le P{~P~I kind of hybrid which combines aspects have exclusive jurisdiction on 
I first takes a historical view of the HOllses of Chiefs, startIn~ .~·om chze.(tazn~y of the formal, state courts with those of chieftaincy matters. From these courts (native courts in colonial Ghana), and then after Ghana s mdependence In a customary court. This paper focuses interviews. interactions and 
1957 lvhen the Houses ofC hief, system ,;vasformed. The sec~nd part (~fthe paper on the judicial process as described by observations, insights were gained into 
I deal.~ mainly with the structure and the judicial processes In the contel~p'ora~y the court officers of these judicial the structure of the Houses of Chiefs in HOllses of Chiefs. The key finding o.f th~s Stll~Y is that. the HOll:\'~s of ~hle.~ 11: institutions (the ideal), and as observed Ghana, the state actors, and the judicial 
Ghana are COllrts adjudicating on chieftainCY disputes with the chICfs sIlting a5 ftihc. by the author (the real), and some of the processes in these Houses. The 
I judges in these courts. HOlvevel; the dependency of thes~ c~u~ts on the state 01 major difficulties that emerge with historical method was adopted in fllnds and support personnel has implications on the Judlczal processes, and chiefs as judges in their own courts, understanding the contemporary 
possibly, the rulings o.fthe COllrts . over their own cases. The study is Ghanaian Houses of Chiefs. This wa~' 
limited to only the Houses of Chiefs and 
I made po~sible by the use of SCCu;~,~[1ry Introduction Chiefs where chiefs are the judges in thus, excludes the judicial process in the documents. The following scui,.)I]:-In spite of the numerous ~chol.arly 
their ;wn courts and over their own Traditional Councils. trace the changing trajectoric~- f,r works on institutionalized chleftamcy 
cases, have largely been neglected by chieftaincy in Ghana since the colo;-)i,l; I during the colonial I and the post- academics. Similarly, despite the many Methodology period. These historical and colonial period in Ghana, the Houses of The author has since May, 2006 contemporary analyses are followed by 
collected primary data from all the ten discussions on the judicial processes 
I * A S Anamzoya is a Lecturer at the Department of Sociology, University of Ghana, ~egon. Regional Houses of Chiefs in Ghana, as and the challenges facinRthe Hmls~s of This a'rticle is based on an ongoing doctoral dissertation research ~t the Department of :OCl~~&) Universit of Ghana, Legon. I would like to express my gratitude to the Volkswa:::.en . \vell as from the National House of Chiefs. 
Foundatio~ for sponsorina this study. I also thank the School of Research and Gr~duat~ ~tudle~ Chiefs. In all these Houses of Chiefs, 
I University of Ghana Leaon for supporting this study as part of the Ul1lverslty s sta I development effort. The co~mlents of two anonymous reviewers of this article were very helpfu ~ See Agyekum 2002; Anamzoya 2004, 2008a; Awedoba 2006; Bako 2006; I3oafo-Arthur 2006 Bombande 2007; Brukul11 2000-200 I, 200 I, 2005, 2007; Drucker-Brown 1995; Julia 2006 
,an~l~~~c1~t~~~~:c~~~el~de Ladouceur 1972; Lentz 1993; Lund 2003; MacGaffey 2006; Mahama 1987,2003; MUllluni ) 975 those by Thomas (1944); Allott (1957); Sinitsina (1987); Gocking Sibidow 1969; Skalnik 1983, 1986, 1994: Sustainable Peace Initiative-SPI-2007; Staniland 1975 
I (1993; 1994): and Rathbone (2000a, 2000b, 2000c). Tonah 2004, 2005. 
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Anamzoya "Our Courts, Our Cases and We Are The Judges": 72 73 Legon Journal of Sociology Vol. 3, No.2 
Chieftaincy in Colonial Ghana (Gocking 1993: 94). Most traditional recognition of the existing indigenous tribunals. According to Acquah (2006: I 
Fonnal rule of the British in the Gold authority holders) were thus courts" (Acquah 2006: 67). It, however, 68), this Ordinance "constituted certain 
Coast colony began in 1874. In 1896, incorporated into the British colonial did not come to force and was replaced traditional Councils into native 
Ashanti was added to the colony after political administration through the by the 1883 Ordinance. The 1883 tribunals as distinct from the 1 
4 
its defeat in 1874. The Northern system of indirect rule. Chiefs, Ordinance granted the Governor- recognition accorded to traditional 
Territories of the Gold Coast was last on therefore, became the main agents of General the power to depose and deport councils as .t ribunals." Thereafter, 
the annexation list and came under indirect rule and the Native Courts were recalcitrant chiefs (Simensen 1975: 39; aboriginal judicial tribunals ceased to 
British rule in 1901 after Ekern to be the extension of this Rathbone 2000a; 2000b: 62). This was exist, and every tribunal which should 
I 
Ferguson had successfully concluded administration (Acquah 2006). followed by the 1904 Chieftaincy exercise judicial functions as distinct 
treaties with some Northern Chiefs. Traditional authority proved so useful Ordinance which made the Governor from arbitral functions, had to be one 
Thus, to Nukunya (1992), the year 1900 to the colonial policy of indirect rule the final arbiter of the validity of an which derived its jurisdiction from an I 
should be regarded as the baseline of that where colonial authorities found no election or destoolment of a chief. The enactment (Ibid). By and large, because 
5 
change in Africa (and for that matter chiefs, they created them. Therefore, Native Jurisdiction Ordinance of 1910 a chiefs selection was often influenced 
Ghana) since that was just about the during the period of colonial rule in made local chiefs' courts the first by the British and the scope of his I 
time that effective colonial rule started Ghana, and long into post-colonial rule, compulsory step in the judicial system powers largely defined by them, "the 
influencing Ghanaian traditional the colonial government and the post- (Sutton 1984: 42). In 1924 the Native chief became increasingly a civil 
ins tit uti ns, and the "B ri ti sh colonial leaders have been interested in Jurisdiction Ordinance was passed administrator" (Harvey 1966: 70), by 0 
Government assumed the power to do controlling the chiefs but have not acted recognizing the positions of chiefs and virtue of which he could also be 
I 
all that traditional rulers had been to completely eliminate them (Arhin their state councils and subsequently destooled, dismissed and deported. A 
doing" (Arhin 1985: 89). The Brempong2001: 20; Ray 2003: 247). empowering them to make bye-laws committee of enquiry6 appointed by the 
establishment of the colonial regime in Relations between the colonial and to establish state treasuries (Shiffer Gold Coasts' Legislative Council in I 
the Gold Coast meant the abrogation of power and the chiefs in the Gold Coast 1970: 63). These were called Native 1942 carried out reforms in the Native 
the political sovereignty of the on how power was to be exercised were. Authorities. The recognition as a chief, Administration in the 1940s. This led to 
traditional states and the establishment regulated by Native Jurisdiction and the legitimacy of a chiefs the passage of the 1944 Native I 
of British rule over the then Gold Coast. Ordinances (Harvey 1966: 71), which traditional council to exercise judicial Authorities Ordinance which "served 
In the Gold Coast, the British initially also facilitated the official functions came to be dependent on the to reduce the abuses, corruption, and 
wanted to rule the people directly by incorporation of chiefs into the general Governor, just as today the promotion inefficiency which had characterized I 
neglecting chiefs and their courts. But British colonial administration. The ofa chief to paramountcy level, and the the scheme of native administration" 
later they "grudgingly had to recognize object of the 1878 Native Jurisdiction creation of a Traditional Council (Harvey 1966: 75). Its preamble 
that the customary courts were an Ordinance, the first ofthese ordinances, depends on the President of Ghana. The stressed that "it is expedient. .. 
integral component of chiefly order" for instance "was to give statutory passage of the 1927 Native provision be now made whereby I 
Administration Ordinance (No.23) ... chiefs may be allowed to take an 
'Traditional Authority holders in Ghana, according to Boafo-Arthur (2006), could be categorized changed colonial policy towards native effective part in the administration of 
into kings/paramount chiefs, chiefs and headmen. However, tindanas (chief priests) also wield 
traditional religious authority, especially in societies where political authority is not concentrated I 
in one person or few persons. 
~ According to Sutton (1984: 46) the theory of indirect rule "argued that African societies should 
be governed insofar as possible, by their traditional rulers and legal systems." See Simensen 
(1975: 38) for some of the compelling reasons for the adoption of indirect rule by the British 
in Ghana. I 
6 The Native Tribunals Committee of Enquiry was chaired by Sir Harry Blackall hence the 
; Arhin Brempong 2001, 2006: 28; Fortes and Evans-Pritchard 1940: IS; also see Musa 1985: Blackall Committee. ' 
141; Geischeire 1993: 151, Lentz 1993,2000,2006; Tignor 1971. 
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75 Legon Journal of Sociology Vol. 3. No.2 
I Anamzoya "Our Courts, Our Cases and \Ve Are The Judges": 74 passed the Chiefs .(Re~ognition) Bill.l" Constitution. was guarantced by the the Colony" (Rathbone 2000a: 16-18). consequence, five regions were 
7 9 Th:n came the Chieftamcy Act of 1961 0 1971 Chieftaincy Act. Act 370, and Thereafter, many committees were created. These five regions were each whIch repealed the 1958 Local Courts recently the 2008 Chieftaincy Act, Act 
1 established to make recommendations to establish a House of Chiefs. The Act. The 1961 Act established 759. Structurally, there are three regarding the future relations between Houses of Chiefs were established as chieftaincy tribunals to deal with different categories of the Houses of 
the Ghanaian state and chiefs on one one of the many compromises made in chieftaincy disputes. The 1971 Chiefs in Ghana; the Traditional 
I hand, and between chiefs and their the 1957 Constitution between the Chieftaincy Act (Act. 370) repealed the Councils, the Regional Houses of native tribunals on the other. Beginning demands of the two major parties; the 1961 Act and conferred onto the Chiefs, and the National House of 
from the 1950s, Courts Acts became Convention Peoples Party (CPP), and Houses of Chiefs the mandate as the Chiefs. The 2008 chieftaincy Act, Act 
clearer in preventing the regular courts the National Liberation movement 
I only official courts (save the Supreme 759, section 12, (sub-sections 1 and 2), from detennining the substance of (NLM). The NLM, for instance. Court of Ghana) to determine the establishes the Traditional Councils in chieftaincy matters, and making such "wanted a constitutional settlement that substance of chieftaincy disputes. 13 The Ghana, which are at the basis of the 
determination the legal mandate of the would safeguard the position of 1971 Chieftaincy Act remained in force hierarchy of the Houses of Chiefs. At 
I native tribunals. s ~ traditional rulers" (Arhin Brempong till 2008 when it was amended and each Traditional Council, the 2003: 29; Grimal 1967: 299-300). At replaced by the 2008 Chieftaincy Act. ~aramount chief of the Traditional Area 
The Houses of Chiefs in this time, the Houses of Chiefs were to Act 759. The 1969 Constitution of IS always the president, and all other 
I Postcolonial Ghana act as appellate courts to the then State 1o Ghana for the firsttime provided for the divisional chiefs are members. It is Ghana's 1957 Constitution (Order-in- Councils in resolving chieftaincy creation of the National House of from these Traditional Councils that 
Council) "made provisions for a disputes. One year after independence, Chiefs whilst maintaining the Regional chie~s. are elected to rep~esent the 
measure of devolution and for the the 1958 Local Courts Act (No. 23 of 
I Houses of Chiefs. The Houses of Chiefs !raditIOna~ Areas at the RegIOnal level protection of chieftaincy" (Arhin 1958) was passed. II In 1959, Nkrumah system was maintained in the 1979 and 111 the RegIOnal Houses of Chiefs. Each Brempong 2001: 29). As a in the 1992 Constitutions without any of Ghana's te.n regions has a Reg~onal 
significant alteration. In the 1992 House of ChI.ef~. All the ten RegIOnal 
I Constitution, the state recognition of Houses of ChIefs were b~ilt ?y the state chiefs, which was part of the previous and have been maIntaIned and 
7 Ther~ were many O.f s~ch committees such as the Watson Commission of 1948, the Coussey constitutions, was removed. Also from ~xpand~d by the state to cater for the 
Cummlttee on ConstitutIOnal Reforms of 1949, and later the Korsah Commission of 1950 the 
I Local Government Act of 1951. See Schram 1967: 9-17; Rathbone 2000a: 16-20' Arhin 1957 onwards the increase i~ the 111~reasmg numbers of paramount 2001: 13-18; also, A~quah 2006: ~7-69, W~lks 1989: 192. The first three of these writ;rs have number of regions in Ghana led to a chIe~s. Each ~ouse has a President and 
al~o ~nalyzed exte~slvely the erosIOn of chiefly powers; especially their power to hear civil and corresponding increase in the number a VIce-PreSIdent elected by the 
cnmmal cases,. to I~npose court fines and appropriate the fines, and how Nkrumah tiuhtened his 
I control over chiefs m Ghana of Houses of Chiefs and Traditional members amongst the~selves for a b s See Co~rts Acts 1951 and the 1961, 1971 and the 2008 Chieftaincy Acts Acts 81 370 and 759 '1 four-year tcrm. The NatIOnal House of . respectively. ' , C ounCI s. ' f: Ch'I e f:s  h as a membership of fifty with 
9 .Acco~din~ to Section 63 (a-e) of the Ord~r-in-Council, the five regions were; Eastern Region The syste m 0 fth e H ouses 0 fChIe s hR' .. 
(m~~udmg prt:se~t da~ Gr:ater ~ccra RegIOn), Western Region (including the present Central in Ghana, established b Ghana's 19 -7 cac egIOnal House o~Clllefs sendmg 
I y ) five elected representatIves. ReblOn), AshantI RegIOn (mcludmg today's BTong Ahafo Region), Northern Region (Including pres~nt day t..:pper East and Upper West RegIOns), and TransvoltalTogoland (the present Volta -----?--------------------~eglOn), (Arhm Brempong 200 I :35). I~ This ill ensured that enstoolment or destoolment of any chief could be effective only if it was 
The State Cou~cils w~re earlier established in 1951 after the coming into force of the Local reco.gI1I.zed by the government; the government had become the final kingmaker in all chieftaincy 
I Government Ordmance m August 1951. For a comprehensive discussion of these State Councils affairs 111 Ghana. ~Iee Rathbone 2090a, 2000b, and 2000c. ' :' ~he:e .is an ~ngoing debate whether to allow the High Courts in Ghana to have a concurrent It had a s~ort lIfe span but, it did s~rip. the chiefs. o.f their native courts, and the chiefs have since JUflSdlctlO~ With the Houses of Chiefs to adjudicate on chieftaincy disputes. See for instance 
lost .all their statutory powers to adjudicate on CivIl and criminal cases (Acquah 2006' 68' also Ekow Dal1lcls C.W (\972); Kludze (1998). 
Arhm 2001: 36-j7; Wilks 1989: 192). . , 
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Anamzoya "Our Courts, Our Cases and We Are The Judges": 76 77 Legon Journal of Sociology Vol. 3, No.2 
AN ote on Skins and Stools result either from a contest for the The Judicial Processes in the seeks to rely, and the particulars I 
"The skin is a symbol of chiefly office by more than one contender, or Houses of Chiefs including the addresses and locations of 
authority in Northern Ghana, an attempt to deskin or destool the The 1992 Constitution of Ghana has the person or persons to be served the 
equivalent to the stool in the south" occupant of an office. Thus, in the stipulated the functions of the House of petition.
17 If the court officer is satisfied 
Chiefs and has granted the original 15 with the number of copies of the I (Lund 2003:589: also Drucker Brown Houses of Chiefs (which we shall come 
1975:31, Skalnik 1983:13). When a to very soon), one comes across and the appellate 16 jurisdictions to both petition, then the petitioner pays the 
person is enskinned he is literally put on dockets bearing titles like the Bimbilla the Regional Houses of Chiefs and the filing fee to the accountant or the 
a skin, which means a new chief or king Skin Affairs, the Wa Skin Dispute, the National House of Chiefs. The judicial cashier. . The filing fees depend on the 1 
has occupied a vacant office. In the Buipe Skin Affairs, the Nandom Skin functions of the National House of charge being brought to the court; a 
Northern parts of Ghana, chiefs and Dispute, or the Ga Stool Affairs, the Chiefs are outlined in Section 22 of the petition, a motion, an affidavit, or a 
kings sit on skins. Every new ruler Anloga Stool Affairs, the Wenchi Stool 1971 Chieftaincy Act (Act 370), response, and also the distance of the 1 
comes to meet a pile of skins used by affairs. As at the end of 2007, there articles 154, 178, and 271 of the 1969, parties to be served. When the filing fee 
past rulers of that chiefdom and every were not less than three hundred of such 1979, and 1992 Constitutions, is paid, the accountant issues out a 
14 
new ruler adds a new skin to the pile. disputes in Ghana. respectively. Thus, all Regional Houses receipt to the petitioner which the court 
of Chiefs :;lnd the National House of officer adds to the petition and files it. I 
,The skins vary according to the power 
of the occupant (inextricably linked Causes or Matters 
Chiefs can hear cases originally When the filing is done, the 
with the traditional state). Powerful Affecting Chieftaincy 
emerging from their areas of petitioner is given a date to come back 
In practice, the subject matter of jurisdiction, and those appealed from to the House (or the Traditional Council 1 kings like those ofthe Dagbon kingdom the lower judicial bodies such as the as the case may be), to direct service. 
in Northern Ghana sit on lion skins, chieftaincy litigation that is pursued in 
a judicial committee or the courts is Traditional Councils. The judicial Directing service is when the petitioner some sit on leopard skins, and others on 
cow skins. Today, most chiefs sit on encapsulated by the expression "cause 
process starts the moment a person files who is supposed to know the residences 1 
or matter affecting chieftaincy." a petition in a House of Chiefs and ends of the defendants mentioned in his leather pillows placed on these skins. when a judicial committee makes a petition, goes with the bailiff to show 
The skins are considered sacred; past (Brobbey 2008: 227). According to 
Brobbey, the expression "cause or jlldicial decision on it. him the residences of the defendants in rulers become ancestors, and current 
matter affecting chieftaincy" is directly A person who wants to bring a cause order that they be served the summon . 
1 
. occupants, their descendants. When or matter affecting chieftaincy to the This becomes necessary when the 
there is a contest over a particular title, related to cases involving chiefs and 
chieftaincy that are filed in the Houses notice of a House of Chiefs does so addresses of the people to be served are it is a contest over a skin or a stool as the 
of Chiefs and the Supreme Court. A through a counsel, by filing a petition not indicated in the petition. The time I case may be. Enstoolment is to the 
"cause or matter affecting chieftaincy" before the house. This petition has to spent to direct service depends upon the chiefs in Southern Ghana as 
means any cause, matter, question or contain the full name of the petitioner, distance, access to the location of enskinment is to the chiefs in Northern the capacity in which he is making the defendants, and access to defendants. 
Ghana. The stool, usually a carved dispute relating to any of the following: I 
(a) the nomination, election. claim or filing the petition. the facts and After serving the summon on the wooden ~hair, served as a symbol of the 
appointment or installation of any particulars upon which the petitioner parties, the bailiff goes back to the office of the chief, and an embodiment 
of the 'soul' of the community person as a chief. It is these causes or I; See Article 274 Clause 3 (sub-section d) of Ghana's 1992 Constitution. Also see the 1971 1 
(Simensen 1975: 11). It is over these matters affecting chieftaincy that the Chieftaincy Act, Act 370, sections 22, and 26 of the 2008 Chieftaincy Act Act 759 
Houses of Chiefs and the Traditional ::' The 2?08 Chi~~taincy Act, Act 759, 27 (I and 2), and 23 (I' and 2): skins and stools that there are Before filmg. the petitIOn, the court officer cross-checks the number of copie.s to ensure that it 
succession disputes. The disputes can Councils deternline. corresponds WIth the number of people the petitioner wants to serve. Those to be served are; the 
paJ:e} members, the counsel to the House. the petitioner himself, all the parties indicated in the I 
petItIon as defendants and the docket to be opened immediately for the case. 
I~ The Statesman, Saturday, December 7, 2007. 
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I Anamzoya 1" Our Courts, Our Cases and We Are The Judges": 78 79 Legan Journal of Sociology Vol. 3, No. :2 office and proves service. To prove their witnesses, their counsels, the House of Chiefs, it is the legal counsel witnesses. Thereafter, the defendant 
service, the bailiff prepares a certificate counsel to the House and the panel who records the court proceedings. In also states his case, brings in his 
I of service at the office to prove that he members who sit on the case. all cases, the proceedings are taken witnesses who also testify before the has served the parties. According to all On the day that the judicial down by hand in a book called the committee. The defendant and his 
the bailiffs interviewed, serving parties committee is to sit, the panel members Record Book. The Record Book the witnesses are, in turn, cross-examined 
l9 
in chieftaincy disputes is a daunting are always led into the Hall of the Things Book, the Judgment Book, by the counsel to the petitioner. In the I task. All the bailiffs interviewed House by one of the support personneL dockets and various relevant judicial course of the proceedings, any of the 
recounted some of the unpleasant who does the customary banging of the records are kept under lock and key by panel members can ask questions to 
22 
experiences they have been through in door three times, before the panel the Court Oflicer. seek clarification on any matter being 
I the course of duty. Sometimes the members enter the Hall. and following A person appearing before the panel raised. - defending parties refuse to take the it with the shout of 'court rise.' At this members addresses them directly with When all matters on a case are 21 
summon or they constantly absent stage everybody gets up, as the panel the words 'my lord. Such a person heard, and all parties and their 
I themselves from home. Other times, members and the legal counsel to the must take an oath to speak the truth and witnesses have been examined, cross-the parties to be served the summon House walk up onto the stage. They nothing but the truth. Any of the court examined and re-examined, the 
strip the bailiffs naked and/or beat them bow before all persons present, who oflicers can administer the oath. Ifhe is Registrar of the House writes a letter to 
up. also bow in return after which the a Muslim, he swears by the Quran, if a all the panel members inviting them for I When the defendants are served and panelists sit with the rest following suit. Christian, by the Bible. A Traditionalist ajudgment conference during which all 
the certificate of service is prepared, the The Senior Traditional Council swears by a fetish or a god he believes in the three panelists would meet with the 
defendants have to also respond to the Registrar (the Court Oflicer)20 or any of and a pagan affirms by his own counsel to the House. In giving 
I issues raised in summon through a the support personnel brings plain conscience. After swearing, the judgments on chieftaincy disputes, all counsel in a written fom1 called the papers and pens to the panel members petitioner proceeds to state his case the panel members who sat to listen to 
"statement of defense" within fourteen (who can understand and write the verbally before the panel members, led the various arguments of the parties and 
I days after service. 18 Thereafter, a proceedings) to enable them take notes in evidence by his counsel. The counsel their witnesses now come to sit, and to judicial committee is put in place to sit on certain key issues during the judicial to the defendant then cross-examines evaluate every piece of evidence 
for the first hearing of the case. The process.' If it is in the Traditional the petitioner. The witnesses (if any) of tendered; written or oral. Every panel 
I Registrar of the House usually prepares Council, it is the Traditional Council the petitioner also testify before the member is given the opportunity to a hearing notice fixing a date for the Registrar who takes down the committee who are, in tum, cross- state his opinion regarding the dispute, 
first hearing of the case, and the bailiff proceedings.21 If it is at a Regional examined by the counsel to the and to state the reasons supporting his 
serves it to alt the contending parties, House of Chiefs or in the National defendant. After the cross examination opinion. Subsequently, they all discuss 
I the counsel to the petitioner can re~ the various reasons and opinions in U The moment the bailiff proves service after having personally served the pa~ies or pasted the 
summon at a public place where it is assumed that the defendants would see ~t,. th~n the court examine both the petitioner and the order- to come out with a common 
rules regarding the time frame within which a defendant has to respond to a petition IS enforced. 
I 19 Every House of Chiefs has 'TIle Hall' which is the venue for their General (Full House) and ~I Traditio~al Cou~c.ils are mann.ed by.Traditional Council Registrars but in some instances you other meetings, and is usually rearranged when a judicial committee is to sit. It is 'The Hall' that find a S~l11or TraditIOnal C?uncI! Registrar or even a Regional Registrar manning a Traditional 
the staff refer to as the court. ~ouncil. In those. Instances, they record the judicial proceedings. 
~o The title 'Court Officer' is nonna11y reserved for the one who keeps in custody court documents. However, as observed 111 the Ea~tem and the Central Regional Houses of Chiefs, these court 
I It must be mentioned that it is a not always the case that the Senior Traditional Council Registrar 
~ocuments were kept .In. the. offices of the principal bailiffs. 
is the Court Officer. In both the Brong Ahafo and the Ashanti Regional Houses of Chiefs, the Out of t.he ~e.ven House~ of C;h~efs 1I1c!udmg the National HOllse of Chiefs where I personally 
Assistant Traditional Council Registrar is the Court Officer. Also. ofiicials like the bailiffs, all observe? JU~lclal proceedll1~s, It IS only 111 the Upper West Regional HOllse of Chiefs that parties 
the registrars. court clerk, arc court officers in the sense that they all work towards the success of and their witnesses address1l1g the panel members usc the phrase 'your majesty' and not the 
popular phrase of ,m y lord.' 
the judicial process. 
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81 Legon Journal of Sociology Vol. 3. No.2 
Annmzoya "Our Courts, Our Cases and We Are The Judges": 80 
businesses. Besides. they often have t~ on a dispute. Thus, the absence of one 
voice. However, it is not always the need to use force to evacuate him from 1 
attend to a number of compelling issues panel member would automatically 
case that panel members have h the palace, or if the losing party appeals 
in their traditional areas. Chiefs also result in an adjournment. A panel 
unanimous judgment. If all the panel to a higher judicial body (to which he 
have to be available in their traditional member can be present at a meeting 
members have a common voice on an has thirty days to do after the areas to receive politicians and only to find out another member is I 
issue, then there is a unanimous judgment), then he still maintains his 
di~·agreement, government officials who visit the area. absent and there is thus no quorum to judgment. If there is a position, until the appellate court Those who fai I to meet such carry out their task. Inability to obtain 
the judgment splits into' a majority overturns or confirms the earlier government officials or attend the required number of chiefs for a I 
judgment and a minority judgment. In judgment. meetings organized by members of the sitting is one of the major causes of 
either case, the legal counsel has to Considering the judicial process as 
wri~e ruling government are often labeled as adjournments and delays in the judicial one judgment if it is unanimous, described above, one would be tempted 
being sympathetic to the opposition proceedings in the Houses of Chiefs in 
and two judgments ifo therwise. During to believe that the Houses of Chiefs 1 
the judgment process, the legal counsel could dispose cases quite easily. This is, party. Such chiefs often find it difficult Ghana. 
to lobby the local and national Furthermore, the entire judicial 
guides the pan~l members and explains however, not the case. Certain governments for development projects process is dependent upon the state for 
the law to them. At the end of the difficulties arise as chiefs continue to sit I 
judgment conference, the panel in their own courts over their cases 
for their traditional areas. In order to be funds to operate efficiently. It is the 
thereby prolonging the judicial process. in the good books of the government of state that caters for the cost of members take a decision and the legal 
What are these difficulties chiefs face the day, most chiefs would prefer to transportation, boarding and lodging of counsel writes out the, judgment, meet with goverrunent functionaries chiefs who are members of the judicial I 
blending the facts of the matter and the as they continue to sit as judges over instead of attending judicial committee commi ttees. However, funds for the 
relevant laws. When the finaljudgIl1ent their own cases? The following section 
is written, they all sign it, if it is in-the is devoted to answering this question. 
sittings if the two events happen to fall general administration of the houses 
on the same day. and for the payment of the chiefs' 
case of a unanimous judgment. This is I 
Difficulties Facing the In a Regional House of Chiefs, judicial committee sitting allowances, then presented in an open court on a day 
Judicial Process three members are usually selected their transportation, food and appointed for that purpose to the 
As chiefs strive to fulfill the from among the chiefs to sit on a accommodation' are provided by the hearing of all parties, their lawyers and 
responsibility bestowed on them as the chieftaincy matter. The same number of state on a quarterly basis. When the 
I 
supporters. 
judges in chieftaincy disputes, certain chiefs sit on cases heard at the funds are not forthcoming, judicial The judicial committees do not 
difficulties emerge. The first problem is Traditional Council. At the National committees and other committees in the have the mandate to enforce their own 
the issue of frequent adjournments in House of Chiefs three chiefs are house cannot sit. There were many I judicial decisions. A winner in such a 
the court proceedings. Quite often, selected in matters of original instances in the Houses of Chiefs where case who wants to enforce the judgment 
members of the panel come late or fail jurisdiction and five in appellate cases. cases had to be adjourned due to lack of goes to the High Court in his region. He 
to attend the meetings and the The 2008 Chieftaincy Act, Act 759, funds. Besides, the allowances paid th2e4  I first takes a letter from the Registrar of 
committee would thus be forced to stipulates that all three chiefs and the panel members are not only meagrethe House where the judgment has been 
adjourn the case. Several factors legal counsel to the house must meet but not paid regularly.25 Since the entire given to the Registrar of the Regional 
account for this. The first is that chiefs before a judicial committee is judicial process depends on these High Court who will get bailiffs to go 
are quite busy people. They are considered properly constituted to sit quarterly grants, any delay in the 
I 
and affect the judgment including 
forcibly evacuating the loser out of the engaged in several private ventures ~~ The sitting allowance of members of judicial committees in the Reoional House of Chiefs 
palace. However, if before the end of including farming. trading. and other remained I Ghana cedi for a long time till 2007 when it was inc~eased to 4 cedis and I 
the grace period the losing party professional duties. They are, therefore, subsequently 8 cedis. The allowance is per a day's sitting, even if a judicial committee ~ould 
often busy 1112mag i,llg their private have sat on more than one case per day. .' vacates the palace, there would be no 
I I 
J ------1 
I, 
1 Anamzoya "Our Courts, Our Cases and We Arc The JuJgcs": 82 83 Lc!.!on Journal of Sociologv Vol. 3, No. :2 C7 release of funds often results in a delay English language, and most of whom customary issues. The legal counsel decision is entirely with the panel.
in the judicial process. For example, in have no formal legal training having to mainly interacts with the counsels of 
I March 2009, most of the cases deal \vith counsels some of whom are the disputing parties, posing questions After observing judicial proceedings at scheduled at the Regional Houses of seasoned lawyers. Surely, difficulties and seeking answers to issues earlier a House of Chiefs meeting, the counsel 
Chiefs had to be adjourned till April and are bound to emerge. To help salvage raised or to those which are unclear. to the house informed me after the 
May 2009 because of the delay in the chiefs from this difficulty, the state, The legal counsel to the Greater proceedings that: 
I release of funds for the first quarter by through both constitutional and Accra Regional House of Chiefs the government. statutory requirements, has made it explained his role in the judicial If you were observant in the court, 
Another difficulty is the fact that mandatory for a legal counsel to be process thus: you would notice that nananom 
I chiefs, most of whom have no formal present before the commencement of were confused. Those lawyers training in legal matters, have to deal any judicial proceedings in a Regional I assist the chiefs, I direct affairs, I arguing are seasoned lawyers; some 
with legal counsels representing parties or National House of Chiefs. interpret the law, record the ofthem have practiced for twenty or 
I in these disputes. Admittedly, in the Another controversial issue is the proceedings and generally take thirty years. So when they arc Traditional Councils which serve as role of the legal counsel during the charge of the court processes. I take talking ... even some of the cases 
courts of first instance, counsels do not judicial proceedings. Accordwg· to charge of the court process like a they were citing I have to go and 
26 
I represent disputing parties. Thus, Daniels (1973: 172), the legal counsel 
judge takes charge of his court. read, the judgments they were 
judicial proceedings therein are not that "advises the [judicial] committee on all referring to, I have to refer to the 
complicated. However, as cases move . matters of law including the admission Similarly, the legal counsel to the Volta law reports to find out whether, for 
up the.ladder in appeals to the Regional 0 f e v ide n c e , pro c e d u rea n d Regional House of Chiefs describes his instance, the cases [they cited] arc 
I and the National Houses of Chiefs, interpretation of documents and functions thus: well cited before judgment is given .. legal representation of disputants statutes." The legal counsel is thus the As for nananom, after today you 
becomes a statutory requirement, and technical advisor to the panel members. As the chief legal advisor to the would not see them again until 24th 
I the chiefs are compelled to deal, not just He takes the center stage at the judicial house [Volta Regional House of October. They would go home and with disputants but also their counsels proceedings, often eclipsing the chiefs, Chiefs], I advice the house on all sleep and come on 24th October and 
trained in the English law and the directing the course of the judicial matters of law. I assist the panel ask "lawyer is the judgment ready?" 
I English language. Added to this is the proceedings, preventing the parties 
members in each case of 
fact that, the Houses of Chiefs have and/or their counsels from diverting the deliberations. At the same time, I Undoubtedly, the role of the legal 
incorporated some of the practices of attention of the committee to issues act as the recorder of all counsel in the judicial process is 
the regular courts (which are a replica unrelated to the matter at trial. During proceedings. After a case is inevitable and paramount, and when the 
I of the English courts) into their judicial meetings, it is not uncommon concluded, I direct the panel on counsel is absent, the judicial proceedings. Now, here are chiefs some for an observer to think that the legal matters of the law and other committee is not considered properly 
of who!'" do not even have formal counsel is the judge and the chiefs are documents that have been tended constituted to sit on any case. A legal 
I education, and thus, cannot speak the there to give him an expert advice on by the parties .. .! have to direct counsel to a House of Chiefs is, them to understand the import of therefore, the counsel to all the judicial 
~5 As at October 9, 2007, when I was observing judicial proceedings in the National House of the documents and their relevance committees sitting on all chieftaincy 
Chiefs, the government grants for the third quarter of the year (i.e., from July to September) had 
I not come and judicial committee members sat without allowance but with the understanding that 
before they retire because the final disputes in the house. Generally. the 
they would be paid when funds were available. And, in the Northern Regional House of Chiefs, 
the Dagomba Traditional Council (situated at Yendi) which was sitting in the House for security ,r. Mr. Samuel Klayson. 
reasons adjourned its case '"until funds can be resourced" after the two parties had paid 200 ,7 Personal Interview with Mr. Kwadzo-Kul11a Dzanku, legal counsel, Volta Regional House of 
Ghana cedis each to service the first sitting. Chiefs. February 25, 2009. in his office, at Ho. 
I 
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"Our Courts Our Cases and We Are T he  Ju  d ges "..  84 85 Legon Journal of Sociology Vol. 3, No.2 
Anamzoya, . h" St t 
.. h· f:. substantive legal counsel. It IS tea e Dagomba Traditional Area would be arrangement of court ofiicers, counsels 
leg~l c~u~sels I who S.It wIth the c Ie s ~~ Attorneys in the region who are helping 
mu handled by a judicial committee whose for the disputants, and disputants and 
the JudIcial proceedmgs .are veryd he with the House's judicial functions. In membership would exclude all chiefs their witnesses, to the hearing of the 
respected by the chIefs an . t e U er East Regional House of from the Dagomba Traditional Area. In case; taking oaths and the presentation 
counsels' opinions ten~ t? prevaIl at th. P~e counsel resigned on March I 
different stages of the JudIcial. p~~c:s~ ~hI~b~9 the same vein, at the National House of of cases, examination of evidence, the leaving the house with no Chiefs, cases coming from the three recording of proceedings by hand, are 
over t?at of the bother t hUe /~~ay c~unsel. The counsel to the Upper West Northern regions (Northern, Upper observed in the Houses of Chiefs 
commIttee mem .:rs . Re ional House of Chiefs is on East, and Upper West Regions) would during judicial proceedings. Court I 
compro~isin~ the position of ch~efsv~~ co~ract. Both the Greater Accra and be handled by a judicial committee practices in English law courts such as, 
judges m their own courts an 0 the Eastern Regional Houses of Chiefs whose membership would not include the judge or judges being led into the 
their own cases. There are many hare one legal counsel who shuttles chiefs from any of the three regions. As court, the banging of the door three I 
instances where the absenc: of. a ~~~a! ~etween the two regions. This has very a result, a judicial committee sits on times before the judge enters, the judge 
counsel has halted the entire jU ICIa . . Ii cat ion s for the 
rocess in the House of Chiefs for se.fl~us. Imp cases they might not necessarily be bowing to the audience and they 28 
p 1 Th Volta Regional adjudIcatIOn of cases. familiar with, but would get to bowing in return before the judge takes 
severa years. e.. . Lastl is the issue of the understand as parties present their his or her seat for the day's proceedings I 
House of Chiefs' judIcIal commIttee . rtiali~ of the Houses of Chiefs. In cases. Sometimes, proceedings have to to commence are not left out in the 
could not adjudicate ~ca~e~. Jor t~o~: ~~:e~ to ensure that the judicial process be put on hold as committee members judicial practices of the Houses of 
than seven years because It 1 no a I . J::·r and j·ust and to avoid people 
1 I The House on Y IS engage in fact finding missions to Chiefs. In Ghana, people do not 
I 
1al , . 
a lega counse. . 2008 sitting on cases involving partIes they 
i ascertain the claims made by the normally address a chief or king obtained a legal ~unsel m. athize with and/or from their own disputants. This also delays the judicial directly but through a spokesperson. 
Similarly, t?e N.orthern Reg\On:1 ~;a~ftional areas:judicial committees in process. With these challenges However, in the Houses of Chiefs, I 
House of ChIefs did not ha;~O~ ~~til the Houses of Chiefs are fomled s~ch confronting the judicial process, should disputants, their counsels and witnesses 
counsel from 2003 to early N 1 that chiefs do not sit on cases commg chiefs continue to be the only judges in address chiefs and kings who sit as 
tDe .State ~ttorney f~r the ort le~~ from their traditional areas. For their own cases?29 judicial committee members directly 
RegIOn decIded to aSSIst the hou~e. . the Northern Regional I 
b . Th C tral RegIOnal mstance, m 
but with the respectable phrase of 'my 
contract aSIs: e en I h House of Chiefs. cases coming from the Discussions and Conclusions 10rd,JO interspersing such an address. 
Houses of ChIefs does not a so ave a ' It is obvious from the above description The chiefs are normally quick to point 
.. d he Chieftaincy Act 759, the legal counsel to the 
:~ According to both t?hee  199~ Constltu~\O~ 
I 
an t d approved by the Attorney-General. However, that proceedings at the Houses of this out when a party or a witness 
House of Chiefs is to ap,?o}nted by t e ouse an ointments in the Houses of Chiefs, Mr. Samuel Chiefs are very similar to those addressing them does not intermittently 
as a result of counsels unwlllmgness to take ~ a.pp I House of Chiefs is also the legal counsel to prevailing in the formal courts. use the phrase 'my lord.' As chiefs 
Klayson, legal c.ounsel to the ?~~.tef A~~r: is e~~~~:ver, a risky arrangement. Com.menting on the
the Eastern RegIOnal Ho.use 0 Ie s. Ii. o· onal Reoistrar of the Volta RegJOna~ House 0 f Traditional court practices such as continue to sit on their cases in the I 
leoal implications of thiS arrangement, the et?~ until when judoment is given and It does not filing of cases, the opening of dockets, Houses of Chiefs, certain difficulties 
Chiefs ob;,..::ved that, "a clever lawy~r can wal r of the ·udici~l committee. He can argue that 
favour his client, then he wo~ld question the lega Ity I cjnstituted because the counsel attached serving summons, the constitution of emerge. Among these are their busy 
the judicial committee that trIed .the ca~e \~as ~~~~~o~:rr~quired by the 1992 Constitlition and the judicial committees, and the writing of schedules, their financial dependence 
to the committee was not appomted f 'f~. ef nnot appoint the same legal counsel at the same 
I 
letters to parties, the sitting 
2008 Act, Act 759." Two Houses ~ Ie s ca ed that in the Brong Ahafo Regional H?us~ .of on the state, and their lack of legal 
timc Commenting further, the Reglstr~r reveal had its judoment and the entire Judicial 
Chic'fs a case which had dragged on or many y~a~f the counsel to the losing party that the 29 The debate whether or not to allow the High Courts in Ghana to have a concurrent jurisdiction 
proceedings quash~d on !he. b.asis of t~e argun~cide the case "was a borrowed one. He was not with the Houses of Chiefs to adjudicate on chieftaincy disputes has long started. See for instance 
counsel who sat with the Judl~lal commlt.tee. t~ tf t oovernment should appoint counsels to all the Ekow Daniels (1972) and Kludze (1998). I 
appointed by the house. That IS why we 1I1SlS la::> 
)0 Except in the Upper West Regional House of Chiefs where "your majesty" is used instead. 
Houses of Chiefs." 
I 
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I Anamzoya "Our Courts, Our Cases and \Vc Are The Judges": 86 
87 Legon Journal of Sociolo!!v Vol. 3, No . .., 
J' 
education and subsequent dependence courts are support personnel who are References 
on the legal counsels. These have made constantly working behind the scenes 
I what should have been a brief judicial to ensure the continuity of the judicial Acquah, Justice G.K. (2006). 'The Judicial Role of the Chief in Democratic process, a rather long and expensive processes. The judicial officers and the Governance', in Odotei Irene K, & Awedoba Albert. K. (cds.), Chieftainc.y in 
one. legal counsels to these houses are state Ghana. Culture, Governance and Development. Accra, Sub-Saharan 
The d eve lop men t 0 f employees. The state is not supposed to Publishers, 
I institutionalized chieftaincy in Ghana interfere in chieftaincy succession Agyekum, G. (2002). Yendi Chieftaincy Trials of1 987. A Clash Between State and 
has historical antecedents. In the disputes. and not to influence the Traditional Norms. Accra. Justice Trust Publications. 
colonial period, institutionalized decisions of the chiefs. but without the Allott, Anthony, N. (1957). 'Native Tribunals in the Gold Coast 1844-1927. 
I chieftaincy took the forms of Native state actors, the judicial proceedings Prolegomena to a Study of Native Courts in Ghana', Journal ofA frican Lmv, Courts, Native Tribunals and State would grind to a halt. Thus, the Vol. 1, No. 3,163- 171. 
Councils, which were very neutrality of the state in chieftaincy Anamzoya, Sulemana A. (2004). A Sociological Enquiry into the 2002 Dagbon 
I instrumental in the colonial policy of disputes cannot be fully guaranteed. Chieftaincy Conflict in the Northern Region afGhana. Unpublished M. Phil Indirect Rule. Through various Speculations abound about how the Thesis, Department of Sociology, University of Ghana. Legon. 
ordinances, the relationship between state and its agents manipulate the __( 2008a). 'Politicization, Elite Manipulation or Institutional \Veaknesses? 
the imposed colonial state and the judicial process at the Houses of Chiefs. The Search for Alternative Explanations to the Dagbon Chieftaincy Disputes I various Native Courts \vas regulated However, this is yet to be proven. in Northern Ghana', Research Review NS. 24.1 1-25. 
and their jurisdictions clearly defined. Further research should be directed __( 2008b). TVorking Behind the Scenes: State Actors and.Judicial Processes in 
The post-colonial Ghanaian state has towards examining the role of the legal the Houses ofC hiefs in Ghana. Accra, Black Mask Ltd. 
I continued this relationship with the counsels attached to the Houses of Arhin. K. (1985). Chieftaincy in Ghana. Past and Present. Accra, Sedco chiefs in the fonl1 of the Houses of Chiefs, how successful the Houses of Publishing. 
Arhin Brempong (2001). Transformations in Traditional Rule in Ghana (1951-
Chiefs and the Traditional Councils. Chiefs have actually been in the 
1996). Accra, Sedco Publishing. 
I This paper has demonstrated that the management and resolution of __( 2006). 'Chieftaincy, An Overview', in Odotei Irene K, & Albert. K. Awedoba Houses of Chiefs in Ghana have come a chieftaincy disputes in Ghana and to 
(eds.) Chieftaincy in Ghana. Culture, Governance and Development. Accra, 
long way to become part of Ghana's determine the extent to which the 
Sub-Saharan Publishers. 27-41. 
I court structure, and that these are disputants accept the judicial decisions Awedoba, Albert, K. (2006). 'Modes of Succession in the Upper East Reoion of special courts dealing only with ofthe House of Chiefs. Ghana,' in Odotei, Irene & Awedoba, Albert, K. (cds.) Chieftaincy in Ghana. 
chieftaincy disputes. In these special Culture, Governance and Development. Accra, Sub-Saharan Publishers, 
I 409-427. Bako, K. (2006). 'Contesting and Appropriating the Local TelTain: Chieftaincy and 
the National Politics in Wenchi, Ghana: in Odotei Irene K, & Awedoba 
Albert, K. (eds.) (2006), Chieftaincy in Ghana. C1ilture, Governance and 
I Development. Accra, Sub-Saharan publishers. 449-492. Boafo-Arthur, K. (2006). 'Chieftaincy in Ghana: Challenges and Prospects in the 
2 r t Century,' in Odotei, Irene & Awedoba, Albert, K. (cds.) (2006), 
I Chieftaincy in Ghana. Culture, Governal1ce (Ind Development. Accra. Sub-Saharan Publishers. 
,\ For an understanding of these support personnel, their various roles in the judicial processes, Bombande. E. (2007). 'Conflict. Civil Society Organizations and Community 
I and the challenges they face, see Anamzoya (2008b). 
,. 
Anamzoya "Our Courts, Our Cases and We Are The Judges": g8 89 Legon Journal of Sociology Vol. 3, No.2 
Peacebuilding Practices in Northern Ghana,' in Tonah, Steve (ed.) Ethnicity, Ladouceur, P. (1972). 'The Yendi Chieftaincy disputes and Ghanaian Politics, 
ConjlictsandConsensus in Ghana. Accra, Woeli Publishing Services. Canadian Journal ofA frican Studies, VL (I). 97-115. 
Brukum, N, J, K. (2000-2001). 'Ethnic Conflict in Northern Ghana', Transactions Lentz, Carola, (1993). 'Histories and Political Conflict. A Case Study of 
• 
oft he Historical Society ofG hana. New Series No.4 & 5, 131-147. Chieftaincy in Nandom, North-Western Ghana,' Paideuma 39, 177-215. 
(2001). The Guinea Fowl, Mango and Pito Wars. Episodes in the History of Lewin, 1u li us. (1944) . 'Native Courts and Bri tish 1u stice in Africa. Africa', Journal 
--Northern Ghana, 1980-1999. Accra. Ghana Universities Press. oft he International Afdcan Institute, Vol. 14, No.8, 448-453. • 
(2005). 'Traditional Constitutions and Chieftaincy Succession Disputes in Lund, C. (2003). 'Bawku Is Still Volatile: Ethno-political Conflict and State 
--Northern Ghana,' LegonJournal ofS ociology, 22-32. Recognition in Northern Ghana,' Journal ofM odern African Studies, 41,4. 
(2007). 'Chieftaincy and Ethnic Conflicts in the Northern Region of Ghana, 587-610.1-24. • 
--1980-2002', in Tonah, Steve (ed.) Ethnicity, Conflicts and ConsensZls in MacGaffey, Wyatt. (2006). 'Death of a king, death of a kingdom? Social Pluralism 
Ghana. Accra, Woeli Publishing Services. and Succession to High Office in Dagbon, Northern Ghana,' Journal of 
Drucker Brown, Susan. (1995). 'Communal Violence in Northern Ghana: ModernAfrican Studies, 44,No. 1, 79-99. 
Unaccepted Warfare,' in Robert,A. Hinde & Helen, E. Watson (eds.) War: A Mahama, Ibrahim. (1987). Ya-Na: African King of Power. (Publishers not 
• 
Cruel Necessity? The Bases of Institutionalized Violence. LondonlNew indicated). 
York, I. B. Tauris, 37-53. Mumuni, Mohammed. (1975). Succession to the Nam of Yendi. A legal analysis 
Ekow, Daniels C. W. (1972). 'Jurisdiction of the High Court in Chieftaincy and critique. Unpublished LLM Thesis, Faculty of Law, University of • 
Matters', Review ofG hana Law [1972] Vol. IV No.1, 81-87. . Ghana. 
Fitzpatrick, Peter. (1984). 'Traditionalism and Traditional Law. The ConstructIon Musah, Abdul Jalil, (1985). 'From Native Courts to People's Local Courts: The 
and Transformation of African Customary Law', Journal of African Law, Politics of Judicial Administration in Sudan,' in Law and Politics in Africa, 
Vol. 28,Nos. 1 &2,20-27. Asia, and Latin America, 18
th Jahrgang - 2. Quartal1985, 131-151. • 
Fortes, M, and Evans-Pritchard E.E. (1940). African Political Systems, London Nukunya, G. K. (1992). Tradition and Change. Accra, Ghana Universities Press. 
and New York, KPI Limited. Rathbone, Richard. (2000a). Nkrumah and the Chiefs. The Politics ofC hieftaincy 
Geischiere, Peter 1993. 'Chiefs and Colonial Rule in Cameroon: Inventing in Ghana 1951-60. Oxford, James Currey. • 
Chieftaincy, French and British Style in Africa,' Journal oft he International __( 2000b). 'Native Courts, Local Courts, Chieftaincy and the CPP in Ghana in 
Afdca Institute. Vol. 63, No.2, 151-175. the 1950s,' the Journal ofA frican Cultural Studies, Vol. 13, No.1, 125-139. I 
Gocking Roger. (1993), 'British Justice and the Native Tribunals of the Southern __( 2000c) 'Kwame Nkrumah and the Chiefs: The Fate of 'Natural Rulers' 
Gold Coast Colony. Journal ofA frican History, Vol. 34, No.1, 93-113. Under Nationalist Governments.' Transactions of the Royal Historical 
(1994). 'Indirect Rule in the Gold Coast: Competition for Office and the Society. Sixth Series. Vol. 1045-63. I 
-- Invention ofT radition' . Canadian Journal ofA frican Studies, Vol. 28, No.3, Ray, Donald, I. (1998). 'Chief-state Relations in Ghana-Divided Sovereignty and 
Legitimacy,' in Van Nieuwaal, E. Adriaan B. van Rouveroy & Werner Zips 
421-446. 
Grima, Henri, 1. (1965). Decolonization: the British, French, Dutch and Belgian (eds.) Sovereignty, Legitimacy, and Power in West African Societies. 
Empires, 1919-1963. Routeledge & Kegan Paul, London and Henley. Perspectives From Legal Anthropology. Transaction Publishers, 241-271. 
Harvey, W.B. (1966). Law and Social Change in Ghana. PrincetonlNew Jersey, __ (2003). 'Chiefs in Their Millennium Sandals: Traditional Authority in • 
Princeton University Press. Ghana-Relevance, Challenges and Prospects,' in Wisdom J. Tetteh, Korbla 
Johnson, Julia. (2006). The Overwhelming Minority: Traditional Leadership P. Puplampu & Bruce J. Berman (eds.) Critical Perspectives on Politics and I 
Ethnicity and Conjlict in Northern Ghana. Thesis Submitted in Partial Socio- Economic Development in Ghana. Brill, Leiden, 241-271. 
Fulfillment of the Requirements for the Degree of Master of Philosophy in Schram, 10hn, R. (1967). Chieftaincy and Politics in Independent Ghana. M.A. 
Development Studies, University of Oxford. . . Thesis, Institute ofA frican Studies (lAS), University of Ghana, Legon. 
Kludze, A.K.P. (1998). 'Chieftaincy Jurisdiction and the Muddle ofConstItutlOnal Shiffer, Harriet, B. (1970). 'Local Administration and National Development: 
Interpretation in Ghana,' the Journal ofA frican Law, Vo1.42. No.1, 37 -63. Fragmentation and Centralization in Ghana', in Canadian Journal o/African ••  
I 
I ...  
'. 
1 Anamzoya "Our Courts, Our Cases and \Ve Are The Judges": 90 91 Le!!.on Joumal of Sociolo!!y Vol. 3, No.2 Studies Vol. 4, No.1, 57-75. 
Sibidow, S.M. (1969). Background oft he rendi 5'kin crisis. Accra, Yenzow. Legislations 
I Simensen, J. (1975). Commoners, Chiefs. and Colonial Government. British Policy and Local Politics in Akem Abualora. Ghana under Colonial Rule The 1957 Constitution of the Republic of Ghana. 
Volume 1. Department of History, University ofTrondheim. The 1969 Constitution of the Republic of Ghana. 
Sinitsina, Irina. (1987). 'African Legal Tradition: J. M. Sarbah. J. B. Danquah, N. The 1979 Constitution of the Republic of Ghana. 
1 A. Ollenu. Essays in Honour ofA.N. Allott.' Journal of African Law, Vol. 31, The 1992 Constitution of the Republic of Ghana. No. 12,44-57. The 1961 Chieftaincy Act Act 81. 
Skalnik, P. (1983). 'Questioning the Concept of the State in Indigenous Africa,' The 1971 Chieftaincy Act, Act 370. 
1 Social Dynamics, 9 (2) 11-28. The 2008 Chieftaincy Act,Act 759. (1986). 'Nanumba Chieftaincy Facing the Ghanaian State and Konkomba The 1993 CourtsAct,Act459. 
-- 'Tribesmen': An Interpretation of the Nanumba-Konkomba \Var of 1981,' in 
I \v. Van Binsbergen, F. Reyntjens, and G. Hesseling (eds.), State and Local Communi(v in Africa. Brussels. 
(1994). 'Authority versus Power. Democracy in Africa Must Include 
--Original African Institutions,' Paper presented on: Complex Interactions: 
I Early States in Comparative Perspective, held in Leiden, September 28-29, 1994. Cedaf/A sdoc. 
Staniland, M. (1975). The Lions ofDagbon: Political Change in Northern Ghana. 
1 Cambridge, Cambridge University Press. Sustainable Peace Initiative-SPI- (2007). Northern Conflicts and Response 
Afechanisms. Key Aspects of Past, Present and Pending Conflicts in 
Northern Ghana and A1echanismsfor their Address. 
I Sutton, Inez. (1984). 'Law, Chieftaincy and Conflict in Colonial Ghana: The Ada 
Case,' AfricanA./Jairs, Vol. 83, No. 330,41-62. 
Thomas H. B. (1944). 'Native Tribunals in the Gold Coast Colony,' Journal of 
I Comparative Le(Tislation and International Law, Third Series, Vol. 26, • 0 No.3/4, 30-35. 
Tignor, R.L. (1971). 'Colonial Chiefs in Chiefless Societies,' JOllrnal of A10dern 
I Aji-ican Studies, Vol. 9, No.3, 339-359. Tonah, S. (2004). 'Defying the Nayiri: Traditional Authority, People's Power and 
the Politics of Chieftaincy Succession in Mamprugu - Northern Ghana,' 
Legon Journal o.fSociology, Vol, 1. No.1, 42-58. . 
I ( 2005). 'Chieftaincy Succession Disputes and the Challenge to Traditional --Authority in Mamprugu-Northern Ghana,' Research Review NS 21.1,45-57. 
\Vilks, Ivor. (1989). 1Ya and the TVala. Cambridge, Cambridge University Press. 
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