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Regional News of Friday, 29 May 2015

Source: The New Crusading Guide

Rival chief sets minister, Kademan on collision course

A letter from the Ministry of Interior, directing the Chief of Kade, Osaberima Asare Twe II and his Elders, to hand over all Stool and Palace properties, including regalia and paraphernalia in their possession to the Gyasehene until the final determination of a case pending before the court, has set the ministry on a collision path with the Elders and Youth of the area.

But for the tactical exercise of discretion by the Inspector General of Police (IGP), blood would be flowing like stream in the area, as the town folks would clashed with Police Officers who would be detailed to the Kade town to enforce the purported decision of the court base on which the Minister gave the directive.

Consequently, the youth have vowed that as far as they are concerned, a new chief has been installed as custom demands, and that Kade, a town in the Eastern region has only one chief in the person of Osaberima Asare Twe II, therefore, any move to subvert the will of the people to in favour of the destooled Kwame Apau, who bore the stool name Osabarima Agyare Tenadu II would be met with fierce resistance.

The Ministry’s directive dated 28th April and signed by the Chief Director, Mrs. Adelaide Anno-Kumi, the paper learnt, was in response to a surreptitious letter from lawyers for Kwame Apau, who claims to be ruling Kade from a radio station in Accra, dated December 16, 2014, supposedly “…seeking the police support to enforce the orders of the Regional House of Chiefs to restore peace and tranquility to Kade.”

Lawyer Kwame Gyan, Solicitor for Osabarima Agyare Tenadu II, the paper gathered, sneaked the letter to the ministry, after he had approached lawyers for the Kade Chief, and the Court, during the last court hearing on April 16, this year, that his client wanted to have the matter resolved, and that Kwame Apau was not interested in the chieftaincy matter anymore and therefore wanted the matter withdrawn so that they (Kademan) could give him a safe plan of exit.

“Kwame Gyan was fully aware that lawyer for Osaberima Asare Twe II, Addo Atuah, had filed a motion before the High Court, seeking to set aside the erroneous decision of the Eastern Regional House of Chiefs, yet he deceived the Court, the Executive and the Minister with that letter. I think he was disingenuous and his conduct must be reported to the General Legal Council.

He should also be charged for Perjury” a legal brain who wanted to remain anonymous opined yesterday when this paper sought his opinion on the matter.

It all started when Obaapanyin Akua Fosua, Abusuapanyin Otibu Asare, Nana Banchie Darko Ampem, Krontihene, Asafoatse Kofi Tinyase and Asafoatse Yaw Danso on 9th October 2012, called on the Akyem Abuakwa Traditional Council to address the violation of the traditional oath and failure by the then- chief to uphold all norms required of him as chief of the town.

They alleged that Osabarima Agyare Tenadu II, who was a defendant in the matter, had violated the code of ethics governing the chieftaincy institution and that the refusal of the kingmakers from taking the necessary action, allowed any principal to institute that action.

To buttress their stand, they referred to the ruling by the Judicial Committee of the Akyem Abuakwa council on the 1st of May, 2001 in the matter of Nana Kwame Fanti Aduamoah II, Asonafohene of Kade (plaintiff) Vrs Nana Agyakoran Adutwum II Kadehene (Defendant) which plaintiff tendered as exhibit “A” attached to their Affidavit in support.

According to them “the Ghana law report of 1977 page 348 paragraph 3 supports the contention that even the Krontihene alone who is a kingmaker can bring up an action”.

The defendant (Osaberima Agyare Tenadu II) pleaded not guilty of all the charges against him. He stated that all the charges leveled against him by the plaintiffs were unfounded.

The ousted chief argued that that the claim of embezzlement against him was absolute false and that the bank statement the defendant tendered in court as exhibit did not tally with any transaction of the Kade Stool Account.

The Chairman of the Judicial Committee of the Akyem Abuakwa Traditional Council, Osaberima Kwame Koh II, giving his ruling at a sitting at Ofori Panyin Fie in Kibi, noted that the judicial committee found the Chief guilty of 14; out of the 17 charges leveled against him.

Also, the committee ruled that the exhibit by the defendant (Osaberimah Agyare Tenadu II) did not relate to the matter before the judicial committee and ordered for a custom to be performed to destool the defendant and a replacement made by the kingmakers.

The council also ordered Osaberimah Agyare Tenadu II, to hand over all the stool paraphernalia to the Abusuapanyin for safe keeping until a new Chief was enstooled to wish he obliged.

Eight months after Agyare Tenadu II, handed the keys to the Abusuapanyin that he filed an Appealed at the Eastern Regional House of Chiefs to which a ruling was made.

It was this ruling that Lawyers for the Kade Chief filed an Application for Judicial Review (seeking certiorari) in the High Court in Koforidua to quash the decision of the Regional House of Chiefs on 18th March, 2015.