The Supi Council and Kingmakers of Cape Coast have declared that Osabarima Kwesi Atta II has not been destooled, and still remains the Paramount Chief (Oguaamanhen) of Cape Coast.
There was a High Court ruling on Wednesday, July 8, that the name of Osabarima Atta should be expunged from the National House of Chiefs register.
According to the Supi and Kingmakers, no process has been initiated or completed to comply with the traditional or appropriate customary practice in Cape Coast for the destoolment of the Oguaamanhen.
In a statement issued on Friday in Cape Coast by heads of all the seven Asafo companies who make up the Supi Council and the Kingmakers of Oguaaman, they said they were the only party with authority to carry out the destoolment of Oguaamanhen.
It noted that there are specific procedures, needed to be followed for a chief, and specifically a paramount chief such as the Oguaamanhen, to be destooled.
The destoolment procedure, among other things, was spelt out in section 40(3) of the Chieftaincy Act 2008, which states that, “Except where deposition is accepted without challenge and subject to an appeal, a chief is not deposed unless: a/ deposition charges have been instituted against the chief and b/ the appropriate customary practice for deposition in the area concerned have been complied”.
The statement, therefore, appealed to all and sundry to refrain from making negative remarks about the Cape Coast Stool and allow the court processes to go on.
It also cited Article 270(2) (a) of the 1992 Constitution, which makes it clear that not even… “Parliament shall have the power to enact any law which confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever”.
The statement said section 40(1) of the Chieftaincy Act says that “A person is not entitled to institute proceeding for the deposition of a chief unless that person is entitled to do so under the custom of the area concerned”.
“We have been made aware that serious charges have been filed against the Oguaamanhen in the High Court, and that a determination has been made by the court that a number of questions that were answered by the Oguaamanhen and/or his representatives on a form given by them to the National House of Chiefs to gazette the Oguaamanhen in the register of Chiefs were made in a dishonest manner.” It said, the Head of Gyiasi, the Supi of Intsin, Number three Asafo Company had not received any formal complaint against the Oguaamanhen from the Ebiradze Royal Family or sections thereof.
According to them, the Oguaamanhen should be arraigned before the Gyiasi, who in a process akin to impeachment of a president, would investigate the matter and make a determination that could result in the destoolment of the Oguaamanhen.
It would be recalled that a Cape Coast High Court, ordered that the name of Osabarima Atta should be struck out from the register of the National House of Chiefs.
The plaintiffs, Opanyin Kofi Amonoo and four others prayed the court to set aside the registration of the Chief’s name, known in private life as Mr J S Haizel from the National Register of Chiefs as Omanhen of Oguaa for fraud.
Justice G.S. Suurbareh, Central Regional Supervising High Court judge and an Appeals Court judge, presiding ruled in favour of the plaintiffs and declared that the omanhen's name was fraudulently entered into the register of the National House of Chiefs.