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IN RE YENDI SKIN AFFAIRS; YAKUBU II
V.
ABUDULAI (NO. 2)

(1986) JELR 68223 (SC)

Supreme Court 17 Dec 1986 Ghana
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- Supreme Court restored the Ollennu Committee’s findings (as adopted by the White Paper), holding that the Dagomba State Council, when exercising customary (not statutory) functions, is not a creature of statute and retains inherent powers

Case Details

Judges:SOWAH CJ, ADADE JSC (DISSENTING), TAYLOR JSC, FRANCOIS JSC, OSEI-HWERE JA, AMUA-SEKYI JA, AMPIAH JA
Counsel:NANA OTOAMFOM BEKOE (PETER ADJETEY) (WITH HIM IBRAHIM ,MAHAMA) FOR THE APPELLANT; E. O. APPIAH FOR THE RESPONDENT

SOWAH C.J.

This is an appeal from the decision of the Court of Appeal (see In re Yendi Skin Affairs; Abudulai v. Yakubu II [1984-86] 2 GLR 189, CA) which set aside all the findings and recommendations of the Yendi Skin Affairs Committee established under the Yendi Skin Affairs Committee of Inquiry Instrument, 1972 (EI 74 of 1972), and the white paper on those recommendations accepted by government. The membership of the committee comprised: the Hon Mr Justice Nii Amaa Ollennu, Chairman; Nana Sir Tsibu Darko X, member; Nana Atakora Amaniampong II, member; and Togbe Adja Tekpor VI, member.

The terms of reference of the committee were as follows:

(a) To ascertain the correct custom and customary procedure for the nomination, selection and enskinment of a Ya-Na including the correct list of candidates;
(b) To inquire into the circumstances leading to the enactment of the Declaration of Customary Law (Dagomba State) Order, 1960 (L.I. 59), and its subsequent revocation and the advisability or o…

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