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Opinions of Thursday, 3 March 2016

Columnist: Rockson Adofo

Kumawuhene petitions Chief Justice….

Opinion Opinion

To set aside the verdict pronounced in favour of the alleged destooled Kumawu sub-chiefs now famously and popularly called “The Big Four”.

It is on record that the masquerading Kumawuhene Barimah Sarfo Tweneboah Koduah had allegedly destooled Kumawu Akwamuhene Nana Kwasi Bafo, Kumawu Aduanahene Nana Sarfo Agyekum, Kumawu Akyempemhene Nana Okyere Krapa and Kumawu Sumankwaahene Nana Okyere Darko Fordwuor for not attending his bogus swearing in as the Kumawuhene-elect.

A true form copy of the letter written at his behest by the Kumawu Traditional Council to the Ashanti Regional Police Commander DCOP Nathan Kofi Boakye stating his reasons for destooling them, and subsequently soliciting his intervention to arrest them should they ever publicly conduct themselves as sub-chiefs, was published on Modernghana under the following web link: https://www.modernghana.com/news/589565/1/kumawuhene-sends-a-manipulative-letter-to-police-c.html

On what valid grounds has Barimah Sarfo Tweneboah Koduah petitioned the Chief Justice Mrs Theodora Georgina Wood against the truthful and legally sound judgment declared by the Mampong High Court judge in favour of the above mentioned plaintiffs, and as partially explained in a video posted on YouTube under the title, “Court reinstates Kumawu sub-chiefs” and under the web link: https://www.youtube.com/watch?v=dDds3Yn-pAk?

From my investigations conducted into the petition, he has asked the Chief Justice to set aside the verdict because he perceives the judge to have been biased, and unfair, in his ruling, to the defendants of whom Asantehene, Asanteman Council and he, are principal members.

In order not to wastefully spend my time and that of the reading public, let me start asking him pertinent questions.

Does Dr Yaw Sarfo see himself as an eligible Kumawu Omanhene?

Did he take his swearing-in oath before, or in the presence of, Kumawu Kontrihene and Akwamuhene; and did both principal sub-chiefs on the other hand swear the oath of allegiance to him? If answered in the affirmative, when and how? If the answer is in the negative, why?

Is it not captured on video that has since found its way onto the YouTube portal that instances of bribery, extortion and corruption meant to influence the Kumawu kingmakers to accept him as the Kumawuhene-elect did occur? Watch the video titled, “Asantehene involves in corruption” using the web link hereby indicated to ascertain whether or not the cited infractions did take place.https://www.youtube.com/watch?v=Ac8wZIPlVu8

Are the established and acknowledged instances of bribery, extortions, and corruptions as captured on video camera not in breach of the Ghana Criminal Code 1960 (Act 29) and The Warrington Notes Section 13? Are such breaches without specified punishment? Refer to the details of the consequences of such breaches by reading a publication on Ghanaweb via the underlying web linkhttp://www.ghanaweb.com/GhanaHomePage/features/RE-Asantehene-is-the-Overlord-of-Asanteman-338032

Had the sub-chiefs he purportedly destooled not been served a court injunction issued to prevent them from participating in any acts leading to the swearing in of Dr Yaw Sarfo as the Kumawuhene-elect until an inventory and other related matters pending before the courts and the Ashanti Regional House of Chiefs’ Judicial Committee have been determined by competent judges?

Additionally, were some of the purported destooled sub-chiefs not indisposed at the time of Dr Yaw Sarfo swearing his oath as the Kumawuhene-elect hence their double whammy (restraining injunction and sickness) inability to attend? When the late Kumawu Kontrihene, Nana Peprah Koduah II, claimed he was ill hence could not attend Dr Yaw Sarfo’s swearing in, Asantehene Otumfuo Osei Tutu II could not believe him. Asantehene arranged to bundle him from his hospital bed in Kumasi to Manhyia to sit for Dr Yaw Sarfo to swear the oath of allegiance to him as the Kumawuhene-elect. Asantehene’s attempts were only to be thwarted by the medical Doctor caring for Kontrihene at the hospital. The person they never believed was sick passed away shortly afterwards. See his funeral in a video posted on YouTube via this link:https://www.youtube.com/watch?v=ZeuihclmwEI

Was Dr Yaw Sarfo himself not under the same or subject to, the injunction seeking to prevent him from being sworn in as Kumawuhene-elect until the inventory issue and other related matters had been settled by Court and the mentioned Judicial Committee?

Does the office of Asantehene or any Asantehene have the traditional right, whether absolute or not, to impose anyone on Kumawu as their paramount chief (Omanhene)? If they have, when in the history of Asanteman or Kumawu, dating from the inception and formation (about 300 years ago) and reformation (about 80 years ago and in 1935) of the Ashanti Confederacy, did any such instance occur? If Asantehene has no treaty or conventional right to do so, why is Asantehene Otumfuo Osei Tutu II attempting to do the contrary, thus, needlessly autocratically involving himself in the Kumawu stool affairs as the giant possessing the do or break powers to determine the fate of not only the stool but also, the people of Kumawuman?

Why must a competent Court judge recognise the abuse of power, both conventional and Constitutional, by Asantehene in the instance of his arbitrary exercise of power over Kumawu with regard to its stool dispute brought before him and the Asanteman Council for adjudication? Did he not connive with his elders through coercion to impose Dr Yaw Sarfo on the Kumawu kingmakers and by extension Kumawu, as Kumawuhene-elect? Confirm this by watching the above cited video on “Asantehene involves in corruption”

When somehow challenged, did Asantehene Otumfuo Osei Tutu II not allege without shame and fear that he is above the laws of the land, so his wishes and decisions will always prevail, regardless? See his bold declaration in a video posted on YouTube via the web link underneath.

https://www.youtube.com/watch?v=OyOnlURv7Ys

Is Ghana not a democracy than a total monarchy? Are people not supposed to be treated almost equally, accorded the same human rights and be subject to the same laws, prosecuted and punished when they infringe the laws as may be enshrined in the nation’s Constitution and Acts of Parliament?

With all these clearly established breaches of law and trust, on what grounds do “Kumawuhene” Barimah Sarfo Tweneboah Koduah and his agents and assigns credibly legally petition the Chief Justice to overturn the ruling by the Mampong Regional High Court judge? Are the petitioners not making a mockery of themselves, the process and the Chief Justice?

Finally, how can the Chief Justice give a favourable response to him in the very midst of the public anger at the revealed cancerous corruption within the Ghana judiciary by the country’s ace investigative journalist, Anas Aremeyaw Anas?

Unless the Chief Justice is herself corrupt or wants to be corrupt or be supportive of corruption, there is no way that she will grant the injunctive-reliefs sought by “Kumawuhene” Barimah Sarfo Tweneboah Koduah (Dr Yaw Sarfo) in his petition to her? The Chief Justice is very much aware that the whirlwind of the revealed infestation of judicial corruption in Ghana has not yet settled, so she will not do anything that will escalate the public’s anger towards the judiciary of which she is the Head.

Over to you the reading public, please let your views be heard on this issue for we have the collective obligation and interest to fight judicial corruption and the practice of selective justice prevalent in Ghana.

We should not allow a few inherently corrupt individuals like Asantehene Otumfuo Osei Tutu II, Kumawuhemaa Nana Abenaa Serwaah Amponsah and “Kumawuhene” Barimah Sarfo Tweneboah Koduah to always twist, or seek to twist, the laws of the land, to suit their caprices and insatiable greed.

Why should we sit on the fence while they paint the few honest and fair judges black with the evil intention of bringing them down simply to achieve their selfish and diabolical agenda?

Why is the Son of Kumawu/Asiampa so concerned with the Kumawu chieftaincy dispute to ensure that only justice and the truth do prevail? His answer to any would-be inquirer lies in a statement once made by the late Emperor Haile Selassie of Ethiopia. He said and I quote, “Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph".