Yidana, Nuhu and Izac-Hassan, Elizabeth (2024) Navigating Historical and Legal Shortfalls to Resolve the Bawku Chieftaincy Conflict in Ghana through Court-connected Mediation. London: SOAS University of London.
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Abstract
This article examines the conflict between Mamprusis and Kusasis, rooted in chieftaincy disputes and escalating over the years, resulting in the loss of innocent lives, destruction of property, and deterioration of the area's former status as a business hub. The article thoroughly analyses the various efforts to resolve the conflict between the feuding factions, focusing on unearthing the inherent shortfalls behind the persistence of the conflict despite massive investments over the years to address the issue. The analysis demonstrates that while the judiciary and other ad hoc bodies have occasionally been involved, substantive legal resolutions have often been elusive. The article also discovers that the Supreme Court's grants of the plaintiff’s leave to withdraw a suit filed in 2003 without liberty to apply has erroneously been misinterpreted as a judgment, fueling further discord. The analysis further submits that the Opoku-Afari Committee that first considered the issues between the parties was heavily beset with internal inconsistencies that significantly contributed to the persistence of the conflict. Considering the growing dimensions and persistence of the conflict, this article advocates for collaborative efforts by the feuding factions to achieve a lasting resolution while admonishing stakeholders to be measured in their public utterances to minimise the level of resentment. The article argues that while the courts are viable forums for resolving disputes, they may not be the best forum for a guaranteed resolution of the present dispute. The article, therefore, advocates for court-connected mediation, as outlined under the Alternative Dispute Resolution Act 2010, to help achieve a sustainable resolution of the conflict.
Item Type: | Monographs and Working Papers (Working Paper) |
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Keywords: | Bawku Chieftaincy conflict, withdrawal of a suit, court-connected mediation, Opoku-Afari Committee |
SOAS Departments & Centres: | Departments and Subunits > School of Law |
ISSN: | 27553795 |
Copyright Statement: | Published as a working paper by SOAS School of Law, Gender and Media |
Date Deposited: | 04 Feb 2025 18:57 |
URI: | https://eprints.soas.ac.uk/id/eprint/43348 |
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