A Cape Coast High Court has asked Michael Conduah not to hold himself as the Omanhene of Edina Traditional Area until his status is fully and finally determined by the appropriate forum. The court further gave him a 48-hour ultimatum to file and serve an undertaking not to perform any public function in a capacity as Omanhene.
Conduah, who claims to be the Omenhene of the Edina Traditional Area, was ordered by the court to pay a fine of ?5 million, and a cost of ?2.5 million was awarded in favour of the applicants, Supi Mark-Aaba and seven others.
Justice Iris Heward-Mills, in her ruling read by Justice I.K Acquaye of the Cape Coast High Court upon a directive from the Chief Justice, said that the orders were made in place of a custodial sentence. A large crowd was at the court and some expressed shock and dismay at the decision.
The petitioners filed application at the Central Regional House of Chiefs to restrain Conduah from acting as a chief. But he flouted the rules of the House by continuing to act as the chief of the Edina State. Due to his disregard for the rule of law, the petitioners filed another application against him at the high court.
While the case was still pending, Cuaduah continued to act as chief, which amounted to a gross disrespect for the administration of justice; therefore, a motion was filed for a stay of execution of the court. In the application filed on 21 June 2001, Sup Mark-Aaba stated that it was for an interim injunction to restrain Conduah from holding himself out or performing the duties of a chief.
The court, on 27 June 2001 granted an order restraining the respondent from exercising all public functions as chief until his status as Omanhene had been fully and finally determined by the appropriate forum. The court further ordered that the disputing factions should meet with representatives of the Edina Traditional Council to draw up a programe of action to enable the people of Elimina to celebrate the impending Bakatue Festival.
But immediately after the court delivered the orders, Michael Conduah declared that, “the court had no power over him and that he will continue to act as a chief. Following that, he presided over the festival celebration for two consecutives years. According to Justice Heward Mills, the behaviour of the respondent would have attracted instant custodial sentence. But she said, “The court is mindful of the fact that at the heart of the matter lies a chieftaincy dispute, whose resolution had been inordinately delayed. The ruling was therefore to facilitate amicable and diligent resolution.
Meanwhile, Michael Conduah has filed an appeal at the Court of Appeal in Accra against the ruling. He described the sentence as “too harsh and against every concept on the law of punishment.” The appeal was filed by J.A Dawson, his solicitor.
Conduah argued that the trial judge erred in law by misdirection when she held that the respondent was guilty of contempt when the ruling in which the charge of contempt was based was a matter that amounted to a cause and which affected chieftaincy that was pending before the Central Regional House of Chiefs.
