You are here: HomeNews2011 09 18Article 219189

General News of Sunday, 18 September 2011

Source: Daily Guide

Ex- Bekwai Chief in come-back moves

Former Paramount Chief of Bekwai in the Ashanti region, Nana Osei Kwadwo II is making moves for his reinstatement barely three years after being cleared by a law court of illegally collecting tolls.

According to sources close to the Manhyia Palace, the Asantehene, Otumfuo Osei Tutu II has been informed of Nana Osei Kwadwo moves to get reinstated.

Otumfuo is said to be preparing to sit on the case and impartially administer justice considering the vindication of Nana Osei by the Supreme Court.

Confirming the reports, the ex-chief said he recently sought audience with the Asantehene to arbitrate the matter and see to its amicable settlement.

He said he expects to be restored to his former position or adequately compensated for the wrongful manner and shameful circumstance under which he was hauled before the court and destooled about 20 years ago.

The Supreme Court by a 3-2 majority decision on July 11, 2008, set aside a conviction and sentence by the Court of Appeal that imposed a day's prison sentence on the former chief.

Nana Kwadwo was cleared after filing a criminal appeal at the Supreme Court against the ruling of the Court of Appeal which led to the PNDC government withdrawing its recognition of him in 1991.

The court presided over by five eminent judges also ordered the refund of a fine imposed on Nana Osei Kwadwo II by the Court of Appeal, if paid.

Justices of the Supreme Court, Sophia Akuffo, Kpegah and Atuguba ruled in favour of the appeal while Justices Dr. Date-Baah and Georgina Wood dissented.

The court noted that the whole allegation against the appellant was motivated by bad faith in the form of conspiracy to destool him and supported with perjured evidence to convict him.

It was also pointed out that the charge against the appellant was defective in that the particulars of offence were inadequate to sustain the charge of stealing against him.

"There is no offence known to our laws as illegal collection of Stool Land Revenue either under the Administration of Lands Act, 1962 (Act 123) the relevant law or any other statute," one of the judges submitted.

The chieftaincy dispute came about in 1990 when two king makers of the area accused Nana Kwadwo of illegally collecting tolls from settler cocoa fanners.

The ex-paramount chief was subsequently arraigned at a Circuit Court in Kumasi where he was found guilty and fined GH¢5.00 (50,000¢) during the PNDC regime.

Unsatisfied with the ruling, the chief appealed against the decision of the lower court at the High Court where he won.

The case however did not die. In 1991 the two king makers took it to the Court of Appeal where Nana Osei Kwadwo was sentenced to a day's imprisonment and a fine of GH¢ 10.00 (1OO,OOO¢) after setting aside the two judgments given by the Circuit and High courts.

Under the circumstance, the PNDC government under the chairmanship of Jerry John Rawlings ceased recognizing the ex-Bekwai paramount chief as such and asked him to hand over all stool property to the then PN DC District Secretary.

However, Nana Kwadwo filed a criminal appeal at the Supreme Court which he won.