Justice Graham last week ordered the arrest of two officials from the Palace of the Tongraan
The Talensi Traditional Council has described as unfortunate the recent arrest of two messengers sent by the Paramount Chief of Talensi, Tongraan Nanlebegtang Kugbilsong to the presiding judge of the High Court 2 in Bolgatanga, Justice Alexander Graham.
According to the Council, the mission of the two officials whose arrest was ordered by the judge was never to influence or induce Justice Graham as earlier reported.
The Council in a release dated March 17, 2023, said the two were sent to request a meeting between Justice Graham and the Tongraan to explore ways of handling land litigations which threatens the development of the area.
“At various meetings, members of the Council lamented over the state of affairs in the area where on daily basis citizens of the area are more often than not in court to litigate on land cases. The Council also took notice of the fact that a number of such litigations culminated in clashes leading to injuries to persons and damage to property.
“In order to help in addressing these nagging issues which have the potential to derail the progress and development of the area which has of late witnessed huge investments in the mining sector by especially private companies namely Earl International and Cardinal/Namdini, with the capacity to employ the teeming unemployed youth in the Traditional Area, the region and beyond, the Council deemed it necessary to explore ways in solving the various land litigations particularly,” the statement said.
“Consequently, on Wednesday, the 8th March, 2023, the two members of the Council were tasked by the Paramount Chief to invite His Lordship Alexander Graham to enable the Council put its concerns with respect to the various land litigations in court to him on the way forward,” it added.
Last week, Justice Graham convicted two men sent to him by the Paramount Chief of Talensi, Tongraan Nanlebegtang Kugbilsong.
The two men―the Chief of Baare, Naab NyakoraMantii, and secretary to the Tongraan, Richard Sunday Yinbil―entered the judge’s chambers on Friday, March 10, 2023, and told him the Tongraan had requested to have a private meeting with him at his palace at 9:00 am the following day. They said the purpose of the proposed meeting was for the Tongraan to offer the judge more details on some mining-related lawsuits which had been filed from Talensi at his court.
In a swift response to the message from the palace, the judge stormed out of his chambers and ordered police officers, who were in the courtroom at the time, to arrest and handcuff the two men immediately.
It took the fervent plea of some lawyers present in the court to get the judge to convict the two to a bond instead of jail term.
But reacting to this development, the Talensi Traditional Council said Justice Graham rather misunderstood the mission of the two officials.
“The Council did not send the two members to go and influence His Lordship, Alexander Graham in any manner whatsoever. It was simply an invitation extended to His Lordship by the President to see how best litigation on issues concerning lands can be addressed by the Council through its Customary Land Secretariat with the help of the Judge.
“The two members of the Council did not go to the court to entrap the Judge nor influence his decision on cases pending before him since neither the Council as a body nor the Tongraan Kugbilsong Nanlebegtang, its President is a party to any land case pending in the High Court or any other court in the region.
“It was an invitation extended to the respected Judge in good faith and not intended to subvert the course of justice in any manner. The council regards the incident as unfortunate,” the Council said.
The Traditional Council emphasised that it has in the past worked with Justice Alexander Graham to resolve some litigations and thus remains committed to the course of justice delivery in development in the area.
Read the full statement below:
17th March, 2023
For Immediate Release
STATEMENT BY TALENSI TRADITIONAL COUNCIL (TTC) ON THE CONVICTION FOR CONTEMPT OF COURT OF TWO (2) MEMBERS OF THE COUNCIL
The Talensi Traditional Council (TTC)/Paramountcy has been briefed about the circumstances leading to the conviction of Naab Nyakora Maantii, Divisional Chief of Baare and Elder Richard Sunday Yinbil, the Secretary of the TTC for contempt of court, by His Lordship Justice Alexander Graham of the High Court “2”, Bolgatanga on Friday, the 10th March, 2023. They were mercifully spared of any fines or custodial sentences but were made to sign a bond to be of good behaviour for six (6) months at the Regional Police Command, Bolgatanga.
Since the news of the conviction and sentence of the two members of the Council on that day, there have been various reportage and interpretation put on the issue regrettably. The Council is disconcerted with the turn of events and wish to state as follows:
1. The Council/Paramountcy has taken cognisance of the fact that there are a large number of land litigations at various courts in the region from the Talensi Traditional Area.
2. At various meetings, members of the Council lamented over the state of affairs in the area where on daily basis citizens of the area are more often than not in court to litigate on land cases.
3. The Council also took notice of the fact that a number of such litigations culminated in clashes leading to injuries to persons and damage to property.
4. In order to help in addressing these nagging issues which have the potential to derail the progress and development of the area which has of late witnessed huge investments in the mining sector by especially private companies namely Earl International and Cardinal/Namdini, with the capacity to employ the teeming unemployed youth in the Traditional Area, the region and beyond, the Council deemed it necessary to explore ways in solving the various land litigations particularly.
5. Consequently, on Wednesday, the 8th March, 2023, the two members of the Council were tasked by the Paramount Chief to invite His Lordship Alexander Graham to enable the Council put its concerns with respect to the various land litigations in court to him on the way forward.
6. On Friday, the 10th March, 2023, the two members of the Council were invited to the court premises by the Registrar who ushered them in to see the Judge in his chambers. This was after the two members of the Council had previously notified the Registrar of the High Court of their intention to meet the Judge.
7. The members explained their mission to the judge for and on behalf of the TTC; a development which did not go down well with His Lordship Alexander Graham.
8. The foregoing facts and circumstances were the reasons the two members of the Council were sent to the Judge.
9. The Council did not send the two members to go and influence His Lordship, Alexander Graham in any manner whatsoever. It was simply an invitation extended to His Lordship by the President to see how best litigation on issues concerning lands can be addressed by the Council through its Customary Land Secretariat with the help of the Judge.
10. The two members of the Council did not go to the court to entrap the Judge nor influence his decision on cases pending before him since neither the Council as a body nor the Tongraan Kugbilsong Nanlebegtang, its President is a party to any land case pending in the High Court or any other court in the region.
11. It was an invitation extended to the respected Judge in good faith and not intended to subvert the course of justice in any manner.The council regards the incident as unfortunate.
12. It must be put on record that on the 25th June, 2022, His Lordship Alexander Graham referred a criminal case titled The Republic V Samuel Yin & 3 Others; Suit No, UE/BG/CT/B1/68/2022 emanating from land litigation at Duusi in the Talensi Traditional Area to the Tongraana to attempt a settlement and with the support of the TTC, the matter was deliberated upon.
13. As recent as the 20th October, 2022, His Lordship Charles Adjei Wilson also referred a case concerning a land dispute in the Tempane District involving natives of that district to the Tongraana and the TTC to attempt a settlement titled Matthew Salimah & 2 Others V Bayata Laar & 4 Others.
14. In the light of these earlier cases which were referred to the Tongraana, it was the respectful view of the Council that no serious problem will arise as there has been such collaboration in the resolution of cases. This well-intended gesture on the part of the Tongraana surprisingly did not sit well with His Lordship, Alexander Graham.
15. It has to be added that when His Lordship Alexander Graham ordered the two members of the Council to be handcuffed and searched and which order was carried out, no gadget or anything incriminating was found on them suggestive of any attempt to entrap or influence the judge.
16. The Council appreciates and understands the independence of the judiciary in the discharge of its functions as established by law. It also recognises the long standing collaboration between the judiciary and Traditional Authorities in the resolution of disputes in the interest of peace and justice. Therefore, the Council will be the last entity to circumvent that tradition and legal practice for which reason the two members of the Council were charged and convicted for contempt of court.
END
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NAAB TAMPELGSONG KUN GAADZOM
TINDONGO NAAB
FOR AND ON BEHALF OF THE TALENSI
TRADITIONAL COUNCIL – TONGO
0543323988
CC: ALL MEDIA HOUSES
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