Pressure on House of Chiefs to settle Gbese Stool dispute

Pressure is being mounted on the National House of Chiefs (NHC) to, as a matter of urgency, expunge the chieftaincy title name of Nii Ayi Bonte from the National Register of Chiefs so as to forestall peace in Ga Mashie of the Ga State.

In a strong-worded letter written to the NHC headed by the Agbogbomefia of the Asogli State, Togbe Afede XIV, Nii Okaija III, with the tacit support of the kingmakers and elders of Gbese Royal Stool, points out that their call has become necessary due to the many court judgments which declared Nii Ayi Bonte, known in private life as Thomas Okine, as an illegitimate person to ascend the Gbese throne.

The two-page letter, cited by Today gives eight reasons why Nii Ayi Bonte’s name should be removed from the national roll of chiefs.

The letter, which was certified by the counsel of Nii Okaija III, Lawyer Ayikoi Otoo, reads in part: “I am compelled to write to you again, this time, as a follow-up to my earlier letter dated June 14, 2016 which, to date, has not attracted any acknowledgment or response.”

It recalled that the NHC took a decision to remove the name of Nii Ayi Bonte on the strength of a judgment by the Supreme Court on January 16, 2014 which nullified the earlier judgment by the Judicial Committee of the Greater Accra Regional House of Chiefs on February 17, 2003.

According to the letter, “the NHC noted that the Order of Mandamus which formed the basis for the registration of Nii Ayi Bonte II was founded on the said ujdgment of the Judicial Committee and since that judgment has been nullified, the Order of Mandamus could not stand.”

The letter also makes reference to the fact that the ruling by the High Court Judge did not override that of the Supreme Court, being the apex court of the land.

In view of this, the letter revealed that Nii Ayi Bonte is still under Restraining Order not to hold himself as Gbese Mantse–Suit No. GTC/JC6/2008.

But, according to the letter, his [Nii Ayi Bonte] lawyer, Mr. Adumoa Bossman, declared the court’s ruling ‘null and void’ which is contrary to the conventional appeal procedure.

The letter contended that Mr. Bossman’s said declaration came about long after the appeal period had lapsed. (Sec. 29. (3) & (4) of the Chieftaincy Act 759).

Explaining further, the letter said the 27th November, 2014, six (6) years after the Restraining Order was granted; the Judicial Committee of the now-re-constituted Ga Traditional Council “lifted” the Order even though the panel had no such power to do so.

Besides, it asserted that the procedure applied in “lifting” the Order was wrong.

That, Thomas Okine’s CD Forms 1A and 1B, the letter alleged, were not researched (as has been confirmed by members of the Research Committee at the time), and that, there were several cases pending against him at that time till now.

It continued that the default judgment by the re-constituted Ga Traditional Council that “Nii Ayi Bonte is the Gbese Mantse” was set aside in Suit No. BMSC 532/2015 dated 22nd April, 2015 which was presided over by His Lordship Asuman-Adu.

According to the letter,” no court of competent jurisdiction has declared Thomas Okine as Gbese Mantse. And therefore holding himself as Gbese Mantse was in continuous contempt of court; as per the Restraining Order GTC/JC6/2008 dated 8/8/08.

“Meanwhile my [Nii Okaidja III] status as the Gbese Mantse has been variously confirmed by the original Ga Traditional Council; three High Court Rulings and two Supreme Court Judgments,” the letter stated.

The letter went on to reproduce paragraph 15 of the Affidavit sworn by Thomas Okine (Nii Ayi Bonte) on the 30th Day of September, 2014 which stated: “I am advised and verily believe that by procedural rules once a document has been referred to in a Party’s pleading or affidavit, the opposing party is entitled to inspect and take copies of that document.”

It said Nii Ayi Bonte’s lawyer’s Mandamus Order which threatened and forced the House to insert Thomas Okine’s name into the Register was founded on the Dodowa Judgment dated 17th February, 2003 which has been dismissed by the Supreme Court.