House of Chiefs places injuction on Asamakese’s ‘Obodwan’ festival

The Judicial Committee of the Eastern Regional House of Chiefs has placed an interlocutory injunction on the celebration of ‘Obodwan’ festival by one Kwasi Obeng who claims to be the chief of Asamankese.

This came to being when Barima Pobi Asomaning, Chief of Aworasah and a Royal to the Asamankese stool, filed a motion for an interlocutory injunction on the festival which he said would be illegitimate if celebrated.

The plaintiffs filed a motion on notice for an interlocutory injunction restraining the defendants, their agents, representatives and all privies from nominating, enstooling, outdooring or installing any other person as the chief of Asamankese until the final determination of the suit.

The House of Chiefs ordered that both parties should meet again to have fresh nomination of candidates from the Abrade family stool of Asamankese to contest for the royal seat.

A cost of GH¢4000.00 was awarded against the defendants. The Asamankese traditional area has been plagued with chieftaincy disputes for some years after the demise of the Omanhene of Asamankese.

In the high Court of Justice Ghana, Koforidua held on Thursday the 16th day of June 2016 before his Lordship Justice Henry A. Kwofie, Justice of Appeal sitting as an additional high court judge.

“In The Matter Of an Application for Interlocutory Injuction Against.1.Obaapanin Akosua Birikoramaa, 2.Barima Kwame Ofori, 3.Baffour Otibu Darko, the plaintiffs filed a motion on notice for interlocutory injunction attached by affidavit in support on 21st May, 2014 restraining the defendants, their agents, representatives and all privies from nominating, enstooling, outdooring or installing any other person as the chief of Asamankese until the final determination of the suit”.

The house ordered that “Both parties should meet again to have fresh nomination of candidates from the Abrade family stool of Asamankese. In addition, a Cost of GH¢4000.00 was awarded against the defendants”.

In a petition presented to the President of Ghana, Nana Akufo Addo, copied to the Interior and Justice Ministers as well as the Attorney General and the Inspector General of Police ( IGP) Barima Pobi Asomaning said Asamankese currently is not in a position to install a chief until the pending chieftaincy issues are resolved.

“Anyone that purport himself as the legitimate Chief of Asamankese must be disregarded and treated with much contempt”.

“I humbly appeal to H.E the President of Ghana, Ministry of Defence, Ministry of Interior, Ministry of Chieftaincy and the National peace council as well as all stakeholders to intervene in the Asamankese Chieftaincy dispute”.

“I have sought for another injunction which was dated 28th September 2019 on a pending OBOCDWAN FESTIVAL which in the first place is against the customs and traditions of Asamankese traditional area”.

“Kwasi Obeng is the son of Obaapanin Akosua Birikoramaa (Queen mother of Asamankese) and he is carrying himself as the Chief of Asamankese but he is not.”

I take this opportunity to thank you for taking the time and pain to read for the love you have for Asamankese traditional area and Ghana at large.”

Read the full statement below:

OSEAWUO DIVISION (AKYEM ABUAKWA TRADITIONAL COUNCIL

AGREEMENT LETTER

In the presence of Daasebre Dr. Nyarko Asumadu Appaih Oseawuohene on this day 8th February,2017 at his palace at 11:25 am,Barimah Pobi Asomaning II ( Chief of Aworasah promised before Daasebre that he will not go to any radio station to make any statement concerning the vacant Asamankese stool.

Abusuapanin Kwasi Kuma of Abrade family of Asamankese also admitted that *there is no chief at Asamankese* and that the regent is Gyasehene.

Both parties agreed with signatories in the presence of Oseawuohene.

In the superior court of judicator, in the high Court of Justice(commercial division)sitting at Koforidua on Wednesday 23rd May,2018 before her Ladyship,Justice(Mrs) Cecilia N.S. Davis.*

This is an application for judicial review in the nature of certiorari to quash the judgement of the judicial committee of the Akyem Abuakwa Traditional council which the applicants claim was erroneously dated the 14th day of November, 2016.

Per their affidavit in support of the motion field on the 14th of December, 2017,the Applicants stated that the first Applicant is the Gyasehene of Asamankese and at all material times,the regent of Asamankese,following the demise of the then Chief of Asamankese,O sabarimah Kwaku Amoah III whilst the third Applicant is the Benkumhene of Asamankese,all of them being kingmakers of the Asamankese stool.

ORDER

Therefore,it is my view that since the judicial committee's decision was pronounced on the 14th day of November,2016,the judgement was effective and operative from that day,irrespective of when the reasons were given.

On this note,the application is hereby struck out for not complying with order 55 rule 3(1) of the C.I 47.

Cost of GH¢ 1000.00 is awarded against each of the Applicants in favour of the interested parties which are Barima Pobi Asomaning II Chief of Aworasah and Abusuapanin Kwasi Asare.

IN THE MATTER OF AN APPLICATION FOR COMMITTAL FOR CONTEMPT AGAINST.

1.Obaapanin Akosua Birikoramaa

2.Barima Kwame Ofori

3.Baffour Otibu Darko

4.Obutu Crimping

5.Kwesi Obeng

The applicants herein Barima Pobi Asomaning and Abusuapanin Kwasi Asare brought the instant application under order 50 of the high Court (civil procedure) Rules 2004 C.I. 47 praying for an order committing the respondents for contempt of court/ Judicial committee.

Following the demise of Asamankese hene,there appears to have been a dispute between the applicants on one hand and the respondents on whom to be nominated and installed as the chief of Asamankese.

ORDER

In sentencing the 1st and 2nd Respondents,I have taken into consideration their old ages, particularly the queen-mother (the 1st respondent) who from her looks seems to be over eighty(80) years.

I have decided therefore not to impose custodial sentence even though I deprecate their conduct.

Accordingly,I sentence each of the two (2) respondents namely the 1st and 2nd respondents to fine Three thousand Ghana cedis (GH¢3000.00) each or in default one(1) month imprisonment. I will also award cost of GH¢2500.00 in favor of the applicants against the 1st and the 2nd respondents.