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YENDI
SKIN AFFAIRS (MATTERS
CONSEQUENTIAL TO SUPREME COURT
JUDGMENT OF 17TH DECEMBER, 1986)
LAW, 1987 (PNDCL 179)
ARRANGEMENT OF SECTIONS
Section
1. Enskinment of Adam Mahama and
Yakubu Abdu-lai declared null and
void.
2. Adam Mahama and Yakubu Abdu-lai
not to purport to be Chiefs.
3. Prohibition of Adam Mahama and
Yakubu Abdu-lai From Karaga and
Savelugu Respectively.
4. Authorization to take
possession of Skin Property.
5. Adam Mahama and Yakubu
Abdu-lai not to be recognised as
Chiefs.
WHEREAS the Supreme Court by its
Judgement of 17th December, 1986
in the case of MOHAMADU ABDULAI
VERSUS NA YAKUBU II, inter alia,
made the following orders that:
(a) in accordance with Dagomba
Constitution only sons of former
Ya Nas should be appointed to the
Gate Skins of Savelugu, Karaga and
Mion;
(b) all persons who have ever
occupied the Nam of Yendi shall
without regard to how they ceased
to be Ya-Na be regarded as former
Ya Nas and that their sons must
qualify for appointment to the
gate skins of Savelugu, Karaga and
Mion;
(c) to give effect to the rotation
system all the three gates should
not be occupied by one family.
AND WHEREAS the Provisional
National Defence Council deems it
necessary in the interest of peace
and public order in the Yendi
Traditional Area to give effect to
the Judgement of the Supreme Court
by Law.
NOW THEREFORE IN pursuance of the
Provisional National Defence
Council (Establishment)
Proclamation, 1981, this Law is
hereby made:
Section 1—Enskinment of Adam
Mahama and Yakubu Abdu-lai
Declared Null and Void.
(1) The nomination, selection and
enskinment of—
(a) Adam Mahama as Karaga Na;
(b) Yakubu Abdu-lai as Savelugu-Na,
of the Yendi Traditional Area is
hereby declared null and void for
all purposes, whether under
customary Law or otherwise.
Section 2—Adam Mahama and Yakubu
Abdu-lai not to Purport to be
Chiefs.
(1) Adam Mahama and Yakubu
Abdu-lai are hereby prohibited
from exercising or purporting to
exercise the functions of Karaga-Na
and Savelugu-Na respectively of
the Yendi Traditional Area,
whether under customary law or
otherwise.
Section 3—Prohibition of Adam
Mahama and Yakubu Abdu-lai From
Karaga and Savelugu Respectively.
(1) Unless the Provisional
National Defence Council otherwise
directs—
(a) Adam Mahama is hereby
prohibited from residing, entering
or remaining in the town of Karaga
or from residing, entering or
remaining in any place within a
radius of 86 kilometres from
Karaga;
(b) Yakubu Abdu-lai is hereby
prohibited from entering, residing
or remaining in the town of
Savelugu or residing, entering or
remaining in any place within a
radius of 24 kilometres from
Savelugu.
(2) Where Adam Mahama or Yakubu
Abdu-lai without lawful excuse,
proof of which shall be on him,
contravenes subsection (1) of this
section he shall be guilty of an
offence and liable on summary
conviction to a term of
imprisonment of not less than two
years and not more than ten years,
without the option of a fine.
Section 4—Authorization to take
Possession of Skin Property.
(1) Until such time as a new
Karaga-Na and a new Savelugu-Na
are enskinned for Karaga and
Savelugu respectively and the
Provisional National Defence
Council in writing directs the
restoration of the skin
properties, the Regional
Administrative Officer, Northern
Region is hereby authorised to
take possession of the Karaga and
Savelugu skin properties.
(2) The Regional Administrative
Officer shall as soon as
practicable after taking
possession of the skin properties
prepare an inventory of such
properties accompanied with a
certificate of correctness signed—
(a) jointly by him and Adam Mahama
in respect of the Karaga skin; and
(b) jointly by him and Yakubu
Abdu-lai in respect of the
Savelugu skin.
(3) The Regional Administrative
Officer shall forward a copy of
the inventory together with the
signed certificate of correctness
to the PNDC Secretary for
Chieftaincy Matters.
(4) Any person who obstructs the
Regional Administrative Officer
from taking possession of the
Karaga and Savelugu skin
properties shall be guilty of an
offence and liable on summary
conviction to a term of
imprisonment of not less than two
years and not more than five years
without the option of a fine.
Section 5—Adam Mahama and Yakubu
Abdu-lai not to be Recognised as
Chiefs.
(1) No person shall—
(a) recognise or treat Adam Mahama
as Karaga-Na or Yakubu Abdu-lai as
Savelugu-Na of the Yendi
Traditional Area whether under
customary law or otherwise;
(b) in any manner support,
encourage or canvass any claim of
Adam Mahama to be Karaga-Na or
Yakubu Abdu-lai to be Savelugu-Na
of the Yendi Traditional Area.
(2) Any person who contravenes any
provision of subsection (1) of
this section shall be guilty of an
offence and liable on summary
conviction to a term of
imprisonment of not less than two
years and not more than five years
without the option of a fine.
Made this 25th day of May, 1987.
FLT. -LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council.
Date of Gazette Notification: 5th
June, 1987.
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