Does Ghanaian law and custom permit the enstoolment of a son as the new chief after the death of his father?

It depends whether the stool is a patrilineal stool or matrilineal stool.

If it's a patrilineal stool like those in Northern or other parts of Ghana, the son is eligible to succeed his father.

However, if it's a matrilineal stool, a son of a late Chief cannot be enstooled to succeed his father.This is the custom of most of the Akan states. The court will nullify any enstoolment of a son succeeding his father's matrilineal stool.

Article 277 of the 1992 constitution states clearly that, for a person to become a Chief, he must hail from the appropriate family or lineage.

The son of an occupant of a matrilineal stool is not from the family or lineage of his father so he cannot be enstooled.

Article 189 of the Constitution 1979 defines a chief as a person hailing the appropriate family and lineage and has been validly nominated, elected and enstooled ... thus there must be a clear custom or evidence showing that the said stool family has a patrilineal system (see Brobbey and others v kwaku) see also ( Agei and another v Fori and others)

Enstooling and destooling a chief is a "cause or matter affecting chieftaincy" as per section 117 of the Courts Act. Therefore, although the Supreme Court has jurisdiction unlike the other courts it will exercise it in matters affecting chieftaincy only in respect of appeals from the Judicial committee of the National House of Chief. The procedure will first have to be brought through the Judicial Committee of the Traditional council.

With regards to destooling the chief, if the son was validly enstooled, meaning that the nomination, election and installation of the said chief was properly done, the the destoolment will have to comply with the Chieftaincy (Proceedings and Functions) (Traditional Council Regulations), 1972. LI 798, as stated in the case of Republic v Abuakwa Traditional Council. Therefore, unless the validly enstooled chief is abdicating, he must have committed a customary offence before the petition for destoolment can be brought against him by the kingmakers and the procedure for destoolment then begins. Alternatively, it can be proved through traditional evidence of custom that another family line had rights to the stool (Re Kwaben stool) or that the enstoolment was a nullity because it violated customary law and practise in the area.