Koforidua High Court jails 5 chiefs, 3 elders for contempt

A Koforidua High Court presided over by Her Ladyship, Justice (Mrs.) Cecilia N.S. Davis has jailed eight (8) traditional leaders made up of five (5) chiefs and three elders to a 14 day jail term for contempt of court.

The convicted chiefs are, Nana Kwasi Ankrah III, chief of Kitase, Nana Ntow Kwadwo, the Ankobeahene of Atweasin, Nana Yaw Boadu, Akwamu Kyedomhene, Nana Kwame Boadi, Apedwahene of Kitase and Nana Kwasi Ntow, Gyasehene of Atweasin
The rest are Abusuapayin Oheneba Kwame Djan, elder of Bawase of Atweasin, Okyeame Gyimah, the okyeame for Tofohene of Atweasin and Opanin Kwaku Frimpong, former chief of Atweasin.

They were convicted after the queen mother of the area, Nana Afua Sarfoa I had filed for a contempt of court against them (convicts) at the Koforidua High Court (Commercial Division) where the latter passed judgment on Monday 17th day of February, 2020.

According to the court, one Opanin Kwaku Frimpong who was the then Chief of Atweasin in an affidavit served the queen mother of relinquishing his position for personal reasons where the Queen mother and elders of Atweasin Amandi Affam stool subsequently performed the customary rites to seal his abdication.

According to the court, Nana Afua Sarfoa I, the queen mother however, decided to nominate one Nana Kwabena Osae Abotow, the then Amankrado of Gyankama, as the candidate for the stool and he was subsequently installed as the new Atweasinhene, with the stool name Nana Otutu Obrempong Kumah II.

It was contained in the judgement that, shortly after the colorful installation ceremony, some of the elders who were against the installation of Nana Kwabena Abotow as the new Atweasinhene, filed a chieftaincy petition against the queen mother and Nana Osae Abotow before the judicial committee of the Akuapim Traditional Council.

Whiles the matter was before the Judicial Council, the discontented elders’ (respondents) re-installed Opanin Kwaku Frimpong to pre-empt the final decision of the judicial committee and render it insignificant.

This, according to the ruling was a willful act by the elders to spite Nana Afua Sarfoa I and the judicial committee. Therefore, the conduct of the elders was in contempt of the judicial committee and an affront to the administration of justice.

The court further heard that, after the reinstallation ceremony, the five chiefs and three elders later filed a motion to discontinue the chieftaincy petition and in effect to prevent the judicial committee from taking a decision in the case.

To this, the queen mother prayed the court to punish the chiefs and elders’ severely since their actions and inactions amounted to contempt of the judicial committee.

The jailed chiefs and elders in their application of defense indicated that, their actions and inactions did not amount to contempt, adding that, the Atweasin stool has never been vacant and at all material times, Opanin Kwaku Frimpong has been the Atweasinhene and the occupant of the Atweasin Amaadi Affam Stool, having been enstooled in 2009.

The respondents further denied that, they re-installed Opanin Kwaku Frimpong since he has always been the Atweasinhene.

According to the respondents, the ceremony they performed was a reconciliation ceremony between Opanin Kwaku Frimpong and some of the elders of the stool as there were some misunderstanding, hence the ceremony to signify unity.

The court upon hearing both matters of the case upheld the application and charged the contempt against them (respondents).

The judgment further pointed out that, the willful conduct and actions of the indicted respondents by reinstalling the abdicated Opanin Kwaku Frimpong as Atweasinhene whilst their petition and motion for interlocutory injunction were still pending before the judicial committee and afterwards going back to the judicial committee to withdraw their petition was calculated to impede, obstruct and interfere with the course of justice and the fair trial of the petition they themselves have filed before the judicial committee and also to undermine the administration of justice.

Their conduct and actions are clearly an affront to the authority and powers of the judicial committee.

The Judge in her judgment concluded that, she hold and declare that the allegation of contempt levelled against the respondents herein by the applicant has proven beyond reasonable doubt, hence found each of them guilty of contempt of court and each of them is hereby committed for the offence.

As a result, each of the defendants was sentenced to a term of 14 days imprisonment. In addition, each shall pay a fine of Ghc 2000 in full, on or before 15th of March, 2020 or in default, serve another 14 days in jail.

The court further asked the convicts to render an unqualified apology in writing to Nananom on the judicial committee on or before 5th of March, 2020 for their complete show of disrespect to them or in default serve a further seven (7) days in jail.

The queen mother at a press conference to announce the imprisonment of the aforementioned chiefs and elders of Atweasin in the Akuapim South District of the Eastern Region, called on colleague Chiefs to always stand for the truth.

According to the Aburi- Atweasin queen mother, disunity, underdevelopment and state of chaos have always been the foundation of chieftaincy disputes.

To this, the relatively old but beautiful and eloquent Nana Afua Sarfoa I encouraged traditional leaders and king makers across the country to stand tall over any financial and political manipulations that would undermine their integrity.