Nii Ayi Bonte II calls for peace, unity at Gbese — A rejoinder

Naa Odey Quaye Opinion Jun - 04 - 2015 , 09:34

The article published on page 26 of the Daily Graphic of April 13, 2015 lacks important and decisive facts and was, therefore, totally misleading.

Thomas Okaine was uncustomarily enstooled as Gbese Mantse with the assumed name of Nii Ayi Bonte when in fact, Nii Okaidja III was already in office as the legitimate Gbese Mantse. If he had the slightest justification, Thomas Okaine would have caused the destoolment of the incumbent first. His enstoolment was, therefore, uncustomary, illegal and unconstitutional. It flew in the face of compliance for the law and thus, a non-starter for someone who aspires to become a chief.

The missing facts

All aspirants to the Gbese Stool must hail from one of the three royal ruling houses, that is (1) Penshiaku We (House); (2) Nii Tetteh Ankamah We (House) and (3) Nii Akwetwey Krobo Saki We (Often referred to as “the 3rd Ruling House”). This arrangement is endorsed in the Deed Of Agreement made on the September 23, 1941; 74 years ago! Thomas Okaine and his followers are aware of the fact and also aware that Thomas Okaine does NOT hail from any of the aforementioned royal ruling houses.

The Gbese dispute commenced in 1980 – about 39 years after the Deed of Agreement of 1941 had been signed. An unknown name – Akua Onidin – was associated with the 3rd Ruling House, thus Akua Onidin/Akwetey Krobo Saki. Based on this new name, Thomas Okaine started his campaign to become Gbese Mantse. On February 17, 2003, the Greater Accra Regional House of Chiefs, Dodowa, gave its judgement in his favour. In his sworn affidavit, Thomas Okaine confirmed that he was installed Gbese Mantse on April 27, 2007 from Akua Onidin/Akwetey Krobo Saki “in pursuance to the judgement dated February 17, 2003 of the Judicial Committee of the Greater Accra Regional House of Chiefs, Dodowa.”

In another Statement of Claim, Thomas Okaine repeated that he was nominated, elected and “installed on April 27, 2007 by Nii Tetteh Ahinakwa and elders of the Naa Onidin Akua a.k.a.Nii Akwetey Krobo Saki We, the 3rd Ruling House or Stool Family of the Gbese Division, Accra, pursuant to the February 17, 2003 judgement of the Judicial Committee of the Greater Accra Regional House of Chiefs, Dodowa, in Suit No. CT/ERHC/AP4/80.

Dodowa judgement

Furthermore, Thomas Okaine’s own lawyer, Adumoa Bossman, also confirms the reliance on the Dodowa Judgement of February 17, 2003 for Thomas Okaine’s enstoolment. Here are just two samples of letters from Adumoa Bossman dated April 29, 2010:- “The installation of Mr Thomas Okaine as Gbese Mantse by Nii Ahinakwa II was in pursuance of the appellate judgement of the Greater Accra Regional House of Chiefs dated February 17, 2003 in the marathon Gbese Stool secession case (1980-2003).

The other letter was dated June 18, 2010 where Lawyer Adumoa Bossman stated on page two, paragraph seven that Thomas Okaine was enstooled as Gbese Mantse under the stool name of Nii Ayi Bonte II, “in accordance with the judgement of the regional house of chiefs”. The Supreme Court consolidated the entire Gbese dispute from 1980 to date and gave a unanimous judgement on January 16, 2014 that, “The judgement of the committee dated February 17, 2003 is declared a nullity and same having been given without jurisdiction.” The very same judgment was again unanimously confirmed on February 26, 2015 in a review.

Register

The facts are that the National House of Chiefs removed Thomas Okaine’s name from their register based on the Supreme Court judgement and a mandamus also based on the same judgement.

Then Thomas Okaine took the National House of Chiefs to the High Court at Kumasi on grounds of breach of natural justice, in that the National House of Chiefs should have informed him before the removal of his name from the register, not because the Supreme Court was at fault.

The Court of Appeal simply confirmed the breach of natural justice and ordered Thomas Okaine’s name to be inserted into the register until that breach had been cured. The Supreme Court judgement still stands and Thomas Okaine’s name is bound to be removed. It must be emphasised that the court of appeal HAS NOT AND DID not overrule the judgement of the Supreme Court.

Traditional Council

The Supreme Court judgement totally collapsed Thomas Okaine’s claim to the Gbese Stool. With the total collapse of Thomas Okaine’s claim to the Gbese Stool and with his lack of royal blood, he sought refuge from the traditional council. But at the time he sought refuge, (i) he was under a restraining order not to hold himself as Gbese Mantse from the very same traditional council, (ii) a ruling by His Lordship Ofori Atta was and still is in force confirming the said restraining order against Thomas Okaine. The same ruling on page 16 also confirms that Nii Okaidja III was enstooled as Gbese Mantse in 2006 (onto a vacant Stool) and that “he (Nii Okaidja III) has not been destooled, abdicated or died or ousted from office as Gbese Mantse..,” and (iii) the Supreme Court judgement effectively reinstated Nii Ayitey Agbofu II, Nii Okaidja’s predecessor; not Nii Pesemaku, who Thomas Okaine claimed to have taken over from.

Readers will also recall how the traditional council was invaded on Friday, June 10, 2011. Then on Monday, June 13, 2011, Thomas Okaine, assisted by the Sakumo Wulomo and others, enstooled another “Ga Mantse” by the name of Adama Latse when, in fact, the incumbent Ga Mantse, King Tackie Tawiah III, was in office. This happened in the full glare of the media and the Daily Graphic published the story.

At the time of the invasion, (1) Thomas Okaine was under a restraining order not to hold himself as Gbese Mantse. The order was signed by Nii Dodoo Nsaki as Chairman of the panel. Nii Ayikai, Akamajen Mantse, was also a member of the panel.

(2) The Judicial Committee which granted the default judgement to Thomas Okaine is composed of Nii Dodoo Nsaki; Nii Ayikai and the Sakumo Wulomo whose suspension from the membership of the traditional council had not been lifted in accordance with the proper procedure!

(3) That Nii Okaidja III was NOT invited to the hearing – a breach of natural justice just as the Court of Appeal had established in Kumasi.

(4) That the heads of families of the three royal ruling houses of Gbese had applied to join the case in order to prove that Thomas Okaine does NOT hail from any of the royal houses but they were refused by the panel.

(5) Heads of the royal families of Gbese then filed an appeal at the Greater Accra Regional House of Chiefs.

(6) That the appeal was served on the panel to stay the proceedings until Dodowa had made a decision.

(7) But the panel, in contempt of the Greater Accra Regional House of Chiefs, proceeded to hear the case in Nii Okaidja III’s absence.

Let the public be the judge

The public will judge for themselves the bias and unfairness associated with the decision of the traditional council.

Finally, Thomas Okaine has failed to point out that the traditional council’s decision is before the court. Again, readers will recall that it was reported in the media on March 27 and 28, 2015 that the docket was missing and while Nii Okaidja III and his lawyer, Mr Ayikoi Otoo, were in court, Thomas Okaine and his lawyer were not.

As for the one who claims to be the Dzaasetse and principal kingmaker, he knows he imposed the title upon himself and it will be only a matter of time before it all goes sour for him.

The question the good people of Gbese and beyond are asking is why with all these facts, Thomas Okaine come out with his article? The answer is, the Homowo Festival is drawing near. This has been the pattern for the past years.

The writer is the

Personal Assistant of

Nii Okaidja III.