Kaase stool lands in court

THE ANNOUNCEMENT of a new chief for the Kasse Stool in Kumasi in the Ashanti Region has sparked some controversy in the area.

A disgruntled faction in the chieftaincy dispute, the Aduana Family of Kaase, has raised red flag against the decision by the Kumasi Traditional Council to nominate one Ohenenana Mensah Bonsu as the new chief of the area, describing it as “a decision with no legal effect”.

Following this disagreement, the Aduana Family of Kaase, led by Abusuapanin Owusu Afram, has filed an application at a Kumasi High Court seeking a judicial review to quash the decision and a statement by the Kumasi Traditional Council (KTC) that they are not royals to the Kaase Stool.

The application would be heard on July 5.

The applicant, Abusuapanin Owusu Afram, is asking for the order because the KTC allegedly lacks jurisdiction to hear a matter which is a chieftaincy dispute by customary arbitration.

The five-member panel from the council, who sat to settle the chieftaincy dispute by customary arbitration, was allegedly appointed by the Asantehene, Otumfuo Osei Tutu II.

According to him, by law, traditional councils could not settle disputes by customary arbitration but could only act as customary arbitrators, if there was a statute authorising them to do so.

In view of that, the decision by the Council (respondent) was of no legal effect and, therefore, null and void.

In their statement of claim, the family explained that the late Nana Owusu Yaw Ababio, the immediate past chief of Kaase in Kumasi, was from the Aduana Royal family of Kaase.

According to the family, when he died on November 28, 2008, a new chief was to be nominated, elected and installed at Kaase to succeed him after the funeral rites.

Abusuapanin Afram, who disclosed that he had taken the oath of his majesty Otumfuo Osei Tutu II, stated that his family members were royals to the Kaase stool and for that matter could be chiefs of Kaase.

However, on March 28, 2013, the KTC presided over by its president, ruled that the Aduana family of Kaase was not a Royal family of Kaase and, therefore, could not ascend the Kaase Stool.

The council allegedly pronounced that it was the Royal family of Abodom of Bekwai in the Ashanti Region, where the new Chief and his Abusuapanin Yaw Agyei Twum belonged, that could make the claim.

Abusuapanin Afram said the matter was a Chieftaincy dispute, which by law could not be determined by the Council which sat as customary arbitration for which the parties needed to appear before it for judgment to be pronounced.

“The council lacked jurisdiction to hear the matter involving the parties which is a chieftaincy dispute by customary arbitration”.

However, following the said ruling of the Council dated March 29, 2013; the Royal family of Abodom of Bekwai, led by Abusuapanin Yaw Agyei Twum, had nominated Ohenenana Mensah Bonsu (the second interested party) and were in the process of installing him as the new chief of Kaase in Kumasi.

According to Abusuapanin Afram (applicant), on April 12, 2013 he applied for a copy of the said judgment but the council failed to supply him with one.

He said despite repeated demands including letters from their solicitor, the council had failed to furnish them with copies.

“In the circumstances, we are humbly praying that the court quash the proceedings pending the advice of the Attorney-General,” he said.