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 over the enskinment of a new Chief for Kaleo.

According to the writ, the petitioner is Yahaya Witol from the Nazieyiri subgate and 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 Area pending the determination of the application for leave to appeal to the Supreme Court upon grounds specified in the accompanying affidavit.”

The latest application follows an earlier one filed at the Supreme Court but later withdrawn due to procedural errors.

The withdrawal was thus to enable the applicants to apply to the National House of Chiefs for leave to appeal to the Supreme Court.

The application to the National House of Chiefs was subsequently filed with the House judicial committee on the 13th of March 2024 while the application for leave to appeal, with the attendant injunction application was served on the co-petitioner on the 14th of March 2024.

The Upper West Regional Police Commander, the Nadowli-Kaleo District Police Commander and the Acting President, Kaleo Traditional Council have also been served.

Background

The previous petition prayed on the Supreme Court 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 was John Putieha Badingu.

He 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 (NHC) in April 2020.

The NHC on 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 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.

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.