A Kumasi High Court, presided over by Justice Kwasi Dapaa, has given an order restraining His Royal Majesty Daasebre Osei Bonsu, Paramount Chief and President of the Mampong Traditional Council, and Bonsu Gyaasehene of Jamasi from installing one Osei Bonsu Boateng to hold a customary office in Jamasi in the Ashanti Region.
The legal action was initiated by the Head of the Bretuo Royal Family, Nana Kwasi Sarpong, against the persons mentioned, to seek the court’s jurisdiction to order a perpetual injunction on Osei Bonsu Boateng (3rd Defendant) from holding any customary office in Jamasi, Ashanti Region.
Part of the plaintiff, Nana Kwasi Sarpong’s claims was that Osei Bonsu Boateng was an alleged ex-convict, hence, not fit for any customary office in Jamasi.
Therefore, due to the alleged conviction of the 3rd defendant, Bonsu Gyaasehene cannot propel Osei Bonsu Boateng for any customary office in Jamasi-Ashanti.
The plaintiff indicated to the court that the 3rd defendant was convicted for the heinous crime of stealing in the United States, has served a term of imprisonment, and, therefore, is not qualified, per the Constitution of Ghana, to be nominated, elected, and or installed a chief.
However, the defendant’s position was that the 3rd defendant had only been nominated to be considered by the entire kingmakers before his instalment as a chief, and that he is not yet a chief, or no record indicating that he has been installed chief to merit the action taken.
They also added that the plaintiff’s definition or clarification of the customary position of Jamasi shall seriously infringe Article 275 of the 1992 Constitution, which inferentially relates the customary office or position to that of a chief.
As a result, the defendants brought up the instant motion, praying for an order dismissing the writ of summons and the averments contained in the statement of claim, that the suit is a cause or matter affecting chieftaincy, which lies to the Chieftaincy Tribunals or Committees, but the plaintiff opposed the motion for dismissal of the action.
Justice Kwasi Dapaa, giving his ruling on February 3, 2020, said: “That I am advised by counsel, and verily believe same to be true, that proper procedure of court is for counsel for the defendants to stay proceedings and go to the forum, which they deem proper, and not a prayer for the court to dismiss the action.”
Justice Kwasi Dapaa indicated the process of his election and installation if there exists against a person whether at the time of his installation, or after such installation, evidence of conviction for offence must consist high treason, treason, high crime, or any offence involving the security of the state, fraud, dishonesty or moral turpitude.
His Lordship stated that the forum for evidence to establish any such facts is the court of law and not the Judicial Committees of the Traditional Councils, the Regional Houses of Chiefs, or the National House of Chiefs.
He added that issues of constitutional breaches and violations, whenever they arise in court, determination ought to be carefully and seriously considered, and not sacrificed or downplayed by resort to statutes that do not explicitly oust the jurisdiction of the courts.
“I will refuse the motion for an order dismissing the action as being one affecting chieftaincy and sustain the action for trial on the merits. The motion is dismissed; the suit shall take its course,” he ruled.
The post Court restrains Mamponghene from installing a Chief at Jamasi appeared first on The Chronicle Online.
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