PRESS STATEMENT
27th October, 2016
Purported ruling given by the judicial committee of the upper east regional house of chiefs
The attention of Bolga-Naba, Naba Abeka Nonge-Buuri Maltinga, the Principal Elders and Princes of the seven Royal clans to the Bolga- Skin namely; Atulbabisi, Nafo- Baanebisi, Akunlibibisi, Badoobisi, Poorebisi, Mgwangabisi, Warebisi, the Principal Elders of our Kinsmen from Zorbisi, the Tindaanas of Tindonmolgo, Daporetindongo, Tindonsobligo, Soe and the Regent and Elders of the Zuruangu Traditional Area have been drawn to an alleged ruling given by the Judicial Committee of the Upper East Regional House of Chiefs on 25th October, 2016.
This purported ruling is unlawful, contrived and self-seeking by the committee members and their accomplishes aimed at inciting violence in the Bolgatanga Traditional Area.
We totally respect the rule of law and hold the Upper East House of Chiefs in high regard but, we do not accept this purportedly contrived ruling of their Judicial Committee and shall use every legitimate process to expose the illegality.
We shall continuously restraint ourselves in the face of unsolicited provocations and lies and will follow due process to establish that, Naba Abeka Nonge-BuuriMalitinga is the customarily enskinnedChief of the Bolgatanga Traditional Area.
Friends of the media, it is worthy to inform you on the legal processes so far, concerning the Bolgatanga Chieftaincy dispute.
Bolga-Naba, Naba Abeka Nonge-Buuri Malitinga filed a petition at the Judicial Committee of the Upper East Regional House of Chiefs in June, 2015 contesting the alleged claims of Raymond Alafia Abilba as a Bolga-Naba
The Nayire also filed a motion at the Upper East Regional House of Chiefs to join the suit as a co-petitioner since he is the enskinning Authority of the Bolgatanga Traditional Area. His petition to join the suit was denied.
The Nayire then filed a motion for Judicial Review at the Bolgatanga High Court challenging the Jurisdiction of the Upper East Regional House of Chiefs to adjudicate on the matter since he is not a member of the Upper East but Northern Region and his rights and interest are affected.
Whilst the case was adjourned to 9th November, 2016 at the High Court, the Judicial Committee were still proceeding to determine the matter with blatant disrespect and disregard for the powers of the High Court. They scheduled 4th October, 2016 to continue the hearing damming the consequences of the powers of the High Court. At this juncture, our Lawyer was indisposed but advised us not to participate in further proceedings since we could be cited for contempt of the High Court. We respectfully appeared before the Judicial Committee on 4th October, 2016 with five people instead the usual twenty people permitted entry into the adjudicating chamber to inform them that, we could not sit for the day’s proceedings and would further not attend to their sittings until our motion for stay of proceedings was determined and that of the Nayires by the Bolgatanga High Court which is the supervisory court of the Region
When we informed the committee of the ill health condition of our Lawyer, Alhaji Shaibu Mohammed and our decision not to participate in any illegality pertaining the adjudicating processes being abused and grossly disregarding, they excused themselves from the chamber to consult with their Lawyer and take a decision. To our surprise, they came back and announced that, 25th October, 2016 was slated for their ruling on a motion John Akparibo Ndebugre moved on 30th August, 2016 to dismiss the entirety of our petition at the Judicial Committee when our Lawyer has not responded to Ndebugre’s motion. We told the Judicial Committee, we were not participating in the day’s proceedings and were unable to comment on their decision since we have a lawyer who speaks for us.They agreed withour position and we politely left the adjudicating chamber.
This capricious, unlawful and bias decision of the Judicial Committee to give an unlawful ruling though our Lawyer was not heard was dully communicated to our Lawyers.
This unlawful decision of the Judicial Committee compelled the Nayire’s Lawyers to immediately filed an interlocutory injunction motion at the Bolgatanga High Court on 17th October, 2016 to be moved on 24th October, 2016 to stop them from making any illegal pronouncements on the Bolgatanga Chieftaincy dispute until the Judicial Review application is determined
This contrived collusion of the Judicial Committee and John Akparibo Ndebugre was manifest in the High Court when the Lawyers to the Nayire,drew the attention of the Presiding Judge that proceedings were still going on at the Judicial Committee though several motions including an interlocutory injunction were pending which the Lawyer to the Regional House of Chiefs, Kenneth Adabayire vehemently denied in court that proceedings were not continuing and challenged the Nayire’s Lawyers to provide evidence that sittings were going on concerning the Bolgatanga Chieftaincy dispute. He shamefully lied in Court knowing that the Judicial Committee will meet John Akparibo Ndebugre under the cover of darkness on 25th October, 2016 to purportedly give an unlawful ruling.
Ladies and Gentlemen of the media, on 25th October, we made a formal complaint to the Police at the Regional Headquarters on the purportedly unlawful ruling the Judicial Committee and John Akparibo Ndebugre were meeting at the house to announce. The Police were surprised because, in every sitting of the Judicial Committee they write to formally invite them but, this time run, they Committee did not invite the Police and this raised suspicion amongst the Police leadership. They quickly contacted the Regional House of Chiefs which they denied that there was such action to be taken. At this moment, we were assured by the Police Services not to be worried about any pronouncements since they were informed by reliable sources.
Ladies and Gentlemen, even the Police services were lied to. The question one would ask is, if the Judicial Committee were acting lawful, what were they hiding from every legitimate authority including the Police services and the Bolgatanga High Court?
This blatant disregard for Law and Order and gross impunity would be appropriately addressed using every legitimate processes prescribed by the laws of Ghana.
We have instructed our lawyers to immediately initiate the appropriate legal processes to ensure justice prevails. The seven Royal Clans of Bolga (Tanga) cannot be denied their birth right only for the selfish interest of Raymond Alafia Abilba, John Akparibo Ndebugre and the Judicial Committee of the Upper East Regional House of Chiefs.
Ladies and Gentlemen of the media, we will take this opportunity to further appeal to all the Royal families to the Bolga-Skin, our kinsmen, the Tidaanas and the Regent of Zuruangu and his subjects to remain peaceful and law abiding whilst the lawyers address our legitimate concerns. We are assuring the general public and the security services that we will continue to maintain the peace we are currently enjoying now whilst we wait for the high court to determine this matter.
Thank You
Asamannaba Bertrand
(Secretary)
