Nana Dr. Dr. Twum Barimah III
A Somanya High Court in the Eastern Region has granted an application for judicial review filed by the Adjenahene, seeking its intervention to compel the Akwamu Traditional Council to recognize his status as the chief of Adjena.
In the motion, Nana Dr. Dr. Twum Barimah III, known in private life as Bobbey Kingsley Twum Adjena, prayed for an order of mandamus compelling and directing the traditional council to perform its constitutional and statutory duty to formally introduce him to the traditional council as the Adjenahene and a member of the Council.
He also sought the intervention of the Court to compel the respondents to facilitate and complete the necessary processes to cause his name to be entered in the National Register of Chiefs.
The facts of the case, as sighted from court documents, indicate that somewhere in 2015, the Judicial Committee of the Akwamu Traditional Council delivered a judgment in favor of the Applicant and made consequential orders, which included an order that the qualified principal traditional title holders of the Adjena Stool should complete his installation processes to enable him to ascend the vacant Oyoko Royal Stool as the chief of Adjena.
Subsequently, he was sworn in as Adjenahene in accordance with the customs and traditions of the people of Adjena and completed all necessary processes as prescribed by the Respondent, including formally notifying the Respondent of his enstoolment, filing his chieftaincy declaration forms, and payment of the requisite fees.
However, despite meeting these obligations, the respondents have failed to dignify his application with a reply, despite two follow-up letters from his lawyers enquiring and reminding the former of the applicant’s introduction to the traditional council.
In response, however, the respondents, in opposition to the application, maintain that the applicant is seeking the instant application to obtain a relief he’s not entitled to.
They argued further that an order by the judicial committee of the Akwamu Traditional Council that the qualified principal traditional title holders of the Adjena Stool should complete the installation process of the applicant to enable him to ascend the vacant Oyoko Royal Stool has not been complied with as the same has not been reported back to the said principal traditional title holders of the stool.
Also, two interested parties, namely Nana Kyei Krukru II and Nana Okorwaa Asrifrom III, who are rival claimants to the Adjena Stool, also maintained that the applicant has not been presented to the kingmakers of Adjena as validly nominated by the queen mother and presented to the Benkumhene and therefore cannot hold himself as chief of Adjena.
They also maintained that, contrary to the orders of the Judicial Committee of the Traditional Council, no attempt has been made to reconstitute members of the Oyoko Royal Family of Tafoman and Adjena as one family.
The Presiding Judge, His Lordship Mr. Justice Frederick A.W.K. Nawurah, held that despite the applicant’s application to the traditional council and payment of the requisite introductory fees on March 7, 2019, the respondent, after accepting the items, completely failed after almost five years to direct him as to the next line of action and ignored the letters from his lawyers regarding the issue of the applicant’s introduction to the traditional council, adding that the action amounts to a deliberate effort to shirk their statutory duties.
The court further argued that it was incumbent on the respondent to facilitate the applicant’s introduction to the traditional council.
The Court also held on the issue of the rightful stool occupant, reiterating the judicial committee’s position that the eligible candidate is the applicant, whose installation process was to be completed by the stool elders and kingmakers.
He furthered that the applicant, by virtue of his nomination, election, and installment as chief, has no further conditions or requirements that need to be met before submitting his name to the National House of Chiefs for registration in the National Register of Chiefs.
Mr. Justice Frederick A.W.K. Nawurah therefore ordered the respondent to immediately facilitate the formal introduction of the applicant to the Akwamu Traditional Council and take steps to forward the chieftaincy declaration forms to the Regional House of Chiefs.
A cost of ten thousand cedis (GHS 10,000) was subsequently awarded to the applicant against the respondent.
