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Crime & Punishment of Wednesday, 5 August 2020

Source: ghanaiantimes.com.gh

Court upholds application challenging installation of Osei Bonsu Boateng as chief

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A Kumasi high court has upheld an application by the Head of the Bretuo Royal Family of Jamasi, Ashanti, challenging the nomination and installation of Osei Bonsu Boateng, as a chief by the kingmakers.

The plaintiff, Nana Kwasi Sarpong, Head of the Bretuo Royal Family of Jamasi, and on behalf of the members of the family, contended that the nomination and installation of Osei Bonsu Boateng would be a contravention of Article 275 of the 1992 Constitution of Ghana.

It provides that a person shall not be qualified as a chief if he has been convicted for high treason, high crime, or for an offence involving the security of the state, fraud, dishonesty or moral turpitude.

Defendants include Dasebre Osei Bonsu, Paramount Chief and President of the Mampong Traditional Council (First Defendant), Nana Brefo Gyedu Kotowko II, Gyasehene of Jamasi (Second Defendant) and Osei Bonsu Boateng (Third Defendant).

The defendants had prayed the High Court presided over by Mr Justice Akwasi Dapaa to dismiss the motion filed at the court by the plaintiff on grounds of wants of jurisdiction.

They said that “looking at the endorsement on the writ of summons and the averments contained in the statement of claim, the suit is a cause or matter affecting chieftaincy which lies to the chieftaincy tribunals or committees.”

Justice Dapaa in his ruling on February 3, this year, said, “I will refuse the motion for an order dismissing the action as being one affecting chieftaincy and sustain the action for trial on the merits. The motion is dismissed, the suit shall take its course.”

The defendant/applicant shall pay an amount of GH¢2,000 to the plaintiff/ respondent.