Adjena wins case against Akwamu Traditional Council

The Somanya High Court in the Yilo Krobo Municipality in the Eastern Region has ordered the Akwamu Traditional Council to, as matter of urgency, facilitate the introduction of the Chief of Adjena with the stool name, Nana Twum Barimah III, otherwise known in private life as Bobbie Kingsley Twum (complainant) to the Akwamu Traditional Council.

The court, however, awarded GH¢10,000 to the applicant, Nana Twum Barimah, as against the Akwamu Traditional Council, the respondent.

The judgment of the Somanya High Court, presided over by Justice Frederick A.W.K. Nawurah, was based on the application by Bobbie Kingsley Twum, the Adjenahene, after his installation, praying the court to compel the Akwamu Traditional Council to, as an applicant, to be formally introduced to the Akwamu Traditional Council as a member of the Council, and also facilitate and complete the necessary processes to cause the name of the applicant to be entered in the National Registrar of Chiefs.

Chieftaincy Act

The court stated that Section 57 (5) of the Chieftaincy Act, 2008 (Act 759) provided that a person shall not be considered to be a chief for the performance of a function under this Act or any other enactment, unless that person had been registered for the performance of that function in the National Register of Chiefs and that person’s name had been published in the Chieftaincy Bulletin.

‘’This in effect means that no chief can perform any statutory function unless he has been registered in the National Register of Chiefs and at the same time has had his name gazetted in the Chieftaincy Bulletin’’, Justice Nawurah quoted, using the case of Republic versus Gbi Traditional Council; Ex Parte Abaka VII (1995-96) 1 GLR 702, Acquah to buttress his point.

The court said it was obviously in pursuit of the aforementioned goals that Bobbie Kingsley Twum, the applicant, was praying for an order of mandamus to compel the Akwamu Traditional Council to take all necessary steps to ensure his name was added to the National Register of Chiefs.

The court noted that succinctly put the complaint of the applicant as was gleaned from his affidavits in support of the application, his statement of case and the address of his counsel was that somewhere in 2015 the Judicial Committee Of the Akwamu Traditional Council delivered a judgment in the applicant’s favour, and made consequential orders which included an order that qualified principal traditional title holders of the Adjena Stool to complete the installation processes of the applicant to enable him to ascend the vacant Oyoko Royal Stool as the Chief of Adjena. 

Sworn in

‘’It is the case of the applicant that he has since been sworn in as Adjenahene in accordance with the customs and traditions of the people of Adjena. That he has also completed all processes as prescribed by the Akwamu Traditional Council, including payment formally notifying the Akwamu Traditional Council of his enstoolment, filling of his Chieftaincy Declaration Forms and above all, payment of the requisite fees, but the respondent failed or for lack of better word refused to even dignify his application with reply’’, the court emphasised, adding exhibition pictures of his installation.

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The court noted with concern that his application to the traditional council and payment of the requisite ‘’introductory fees’’ and the customary drinks were made on March 7, 2019.

The court said what was obvious was the fact that the respondent, after accepting the applicant’s ‘’introductory fees’’ and customary drinks completely failed for almost five years to direct him as to the next line of action and completely ignored the letters from his lawyers regarding the issues of the applicant’s introduction to the traditional council.

The court held that it was incumbent on the respondent to facilitate the introduction of the applicant as chief elect to the traditional council by inviting the applicant’s kingmakers to the session of the Council where he might be introduced to council members at the session by kingmakers.

‘’In the light of the foregoing, the application for judicial review by way of mandamus is allowed. The respondent is hereby ordered to immediately facilitate the formal introduction of the applicant to the Akwamu Traditional Council, and to take steps to forward the Chieftaincy Declaration Forms of the applicant to the Eastern Regional House of Chiefs.