Mr. Justice J. K. Abrahams' high court in Kumasi on Wednesday April 16 this year granted an order of certiorari to the Aduana Royal family of Yabi, against a ruling of the Kumasi Traditional Council (KTC).
The KTC presided over by the Asantehene, Otumfuo Osei Tutu II, had on March 24, this year ruled that the Yabi stool which had been in dispute for 22 years belonged to the Agona family.
This verdict set aside the rulings of the various adjudicating bodies from the Judicial committee of the KTC, through the National House of Chiefs, to the Supreme court over the years.
Following, an ex-parte motion filed on March 26 this year, sought an order of certiorari under Order 59 Rule 2 (1)of the High court to quash the judgment of the KTC.
Granting the order, Justice Abrahams stated that the affidavit of the Aduana attorney and the argument of counsel for the applicants, Lawyer Kwame Arhin were clear and that granting the order would provide a solution to the issue.
The motion was moved after it had suffered a record four adjournments within three weeks at the instance of the applicants to allow for re-examination and review of the verdict by KTC in vain.
Moving the ex-parte motion on behalf of Nana Kwame Appiah, head of Yabi Aduana family, per his lawful attorney, Mr. Albert Osei Banahene,counsel stated that the KTC lacked jurisdiction in the case because the issue as to who owned the Yabi Kontonmire stool had long been decided.
The Aduana counsel argued that by the March 24 verdict KTC had unconstitutionally and unlawfully usurped the powers of the regular courts and turned judgements of competent adjudicating bodies upside down.
Arhin explained that the position of the law on matters affecting chieftaincy is vested in the Judicial committees of traditional authorities in line with the chieftaincy Act 370 of 1971.
The lawyer called for the support of colleague lawyers to rise and fight against the unlawful usurpation of powers of adjudicating bodies created by statute books by traditional authorities.
Lawyer Arhin said it was time lawyers availed their expertise in law and advised the traditional authorities about the legalities in matters affecting chieftaincy in order that they do not usurp powers unlawfully.
The learned counsel also brought to the attention of the honourable court, KTC's alleged deliberate attempt to stifle efforts of the Aduana family in getting access to a certified copy of the March 24 ruling by the KTC.
According to Arhin, the proceedings had to be transcribed out of a video tape before the ruling was made available to the parties involved.
Arhin has, however, hinted that if it is further delayed he, on behalf of his clients (Aduana family) might invoke the order of mandamus to enable him have access to the KTC ruling and move on with his arguments.
