Astute lawyer and former Director of Ghana School of Law, Mr Kwaku Ansa-Asare who is the lawyer for the petitioners in the Okupeheman chieftancy dispute has stated that per the ruling of the National House Of Chiefs in Kumasi last week there is no Okuapehene.
Addressing a gathering in Akropong Akwapim after the Landmark ruling at the National house of Chiefs in Kumasi, Lawyer Ansa-Asare said the body of eminent Chiefs has asked parties in the Okuapeman Chieftancy dispute to go back and follow the ruling of the Eastern regional House of Chiefs and that the Queen Mother of Okuapeman and the Asonahene are part of those who are clothed in authority in selecting the next Okuapehene therefore the installation process of who becomes the Okupehene must be started all over again.
He said this makes the man who carries himself as Okuapehene Nana Kwesi Akuffo III, so called installalltion null and void.
Last year the ‘Okuapehene’ of Akropong-Akuapem, Odehye Kwadwo Kese together with one Abrewatia Lilly Agyemang were convicted of contempt by a Koforidua High Court in the Eastern Region.
The the court presided over by Justice Doris Dabanka-Bekoe sentenced them to a fine of GH¢10,000 for which they risked spending 14 days in prison if they fail to pay the fine within seven days of the court’s judgment.
That ruling came at the back of a suit filed by Nana Afua Nketiaa Obuo II, Okuapehemea and Nana Kwesi Omenako II, Asonahene of Akuapem against the contemnors for blatantly ignoring the judgment of the Judicial Committee of the Eastern Regional House of Chiefs.
The Judicial Committee in a ruling on April 30, 2020, nullified the nomination, selection and enstoolment of Odehye Kwasi Akuffo as Okuapehene, on grounds that the processes leading to his installation were not carried out in accordance with custom, hence were null and void.
Subsequently, the committee directed the Queenmother of the Akuapem Traditional Area, bestowed with the customary responsibility, to nominate a candidate to mount the Ofori Kuma Stool as Okuapehene to recommence the process of finding and installing a new Okuapehene.
She was to reconduct the nomination and selection process of a new Okuapehene in consultation with the elders of the Sajyiabea family, Asonahene of Akuapem, on the grounds that, “the process of nomination and selection is a matter purely for the Adehye of the Asona Clan, and no other person or entity.”
According to facts of the suit, The National house of Chiefs ruling came at a time that Abrewatia Lilly Agyemang on May 1, 2020, in blatant disregard of the orders of the Eastern Regional House of Chiefs Judicial Committee, ignored the consequential order of the regional house of Chiefs nominated and selected Odehye Kwadwo Kesse for enstoolment as Okuapehene.
Before that, the High Court had held that the Abrewatia acted without the involvement of the other five (5) senior female members, commonly known as Mmeampanyinfo, contrary to the directive of the Judicial Committee.
In the court’s view, the unilateral act of Lilly Agyemang, that is by-passing the Queenmother and the Stool Fatherof the Akuapem Traditional Area, who had the sole prerogative to nominate and select the Okuapehene, contravened the direct orders of the Judicial Committee, and constituted a contempt of court.
According to the suit, the respondents at all material times knew that the applicants had been dragged before court for committal proceedings, for ignoring the pendency of a motion on notice to restrain them from going ahead with the outdooring of Odehye Kwasi Akuffo and Odehye Kwadwo Kesse as Okuapehene.
The suit again stated that the respondents must have known that the selection, installation and outdooring of Odehye Kwadwo Kesse as Okuapehene from May 1, 2020, to May 3, 2020, were acts that were in clear contravention of the orders of the Eastern Regional House of Chief.
The applicants thus prayed the court to find the respondents guilty of contempt and make any order determination it deemed fit.
The High Court after hearing the matter determined that Odehye Kwadwo Kese and Abrewatia Lilly Agyemang were guilty of contempt of court hence convicted them to a fine of GHc10,000 each, or in default go to jail for 14 days. As contemnors they followed the court order and paid their fine
