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Regional News of Wednesday, 18 June 2008

Source: GNA

Mankessim's 16 year old Chieftaincy dispute settled

Mankessim (W/R), June 18, GNA- The re-gazetting of Nana Amanfo Edu VI and Nana Ama Amissah III as Paramount Chief and Queen Mother respectively of the Mankessim traditional area, brings to an end, 16 years of chieftaincy dispute at the Paramountcy. The National House of Chiefs at its first meeting in 2008 in Kumasi on 5th June 2008 re-registered the Paramount chief and the Queen mother of the Mankessim traditional area in the National Register of Chiefs and reinstated their gazettes, which were quashed by a Cape Coast High Court in 1998.

The ruling of the Cape Coast High court in 1998, led to the deleting of the names of Nana Edu and Nana Amissah from the National Register of Chiefs, pending the determination of the destoolment case, which was initiated at the Judicial Committee of the Central Regional House of Chiefs (JCCRHC) by the four Divisional Chiefs of the Mankessim traditional area.

Nana Amanfo Edu said this at a Press Conference held at Mankessim at the week-end.

Nana Edu said "It must be put on record that he and Nana Amissah were duly gazetted and their names inserted in the National register of Chiefs as paramount chief and Queen mother respectively by the National House of Chiefs on 3rd April 1997".

But, he said the Ebusuapanyin (family leader) by name Ebow Imbeah dissatisfied with their gazetting; applied to a Cape Coast-High court presided over by Justice Heward-Mills (Mrs), to quash the gazette. He said on 28th August 1998, the judge ruled in favour of Ebusuapanyin Imbeah of Pakasedo House by quashing the gazette, on the grounds that the Central Regional House of Chiefs (CRHC) erred on a question on the Chieftaincy Declaration (CD) form which read - IS THERE A CASE PENDING?

The CRHC ticked "NO" to the question on the CD form instead of "YES".

Secondly, he said the trial Judge asserted that the CRHC and the NHC "assisted in the registration and gazetting of a person, who has not been installed as a chief in accordance with the customary law as mandatory required by article 277 of the constitution.." Again, he said Ebusuapanyin Imbeah applied to the same Court at Cape Coast presided over by Justice Heward Mills (Mrs) for orders of CERTIORARI and PROHIBITION, which the court granted in favour of Ebusuapanyin Imbeah.

Nana Edu said "we had no option than to obey the orders of certiorari and prohibition and did not in any way exercise the functions as Paramount Chief and Queen mother from Tuesday 9th June 2000 to November 2007, when the final appeal on the case was dismissed at the Supreme Court".

He said "the re-gazetting, indeed is a landmark in the history of Mankessim traditional area. It has set records straight that, the Mankessim Paramount Stool does not belong to Pakesedo house alone but rotates between the Edu Royal House and the Pakesedo house". Giving a brief background history, Nana Edu said there are two houses namely, the Edu and Pakesedo houses, which rotates in respect of ascending the Mankessim Paramount stool when a chief abdicates, dies or destooled.

He said prior to their enstoolment, the last two successive chiefs, Nana Adoko IV and Nana Adoko V, who was destooled in 1979, came from the Pakesedo House.

Nana Edu said the Pakesedo house wanted to nominate for the third time and this triggered the dispute, when the stool became vacant after Nana Adoko V was destooled in 1979.

He said the 16 year old litigation started on 14th February, 1992 by Ebusuapanyin Kwame Ababio, on behalf of the Edu Royal House and the other four royal houses, which instituted an action against Ebusuapanyin Imbeah and one Ibrahim Gyasi of the Pakesedo Royal House at the Judicial Committee of the Central Regional House of Chiefs (JC/CRHC). Nana Edu said the action sought whether or not the Mankessim Paramount Stool belongs to the Pakesedo house alone and for that reason, if the Ebusuapayin of the Pakesedo house was the only one who can nominate candidates for the stool as Paramount Chief and Queen mother. He said both JC/CRHC and Judicial Committee of National House of Chiefs (JC/NHC) ruled in favour of the Edu Royal House, meaning Mankessim Paramount Stool rotates between the Pakesedo and Edu Royal Houses.

The Pakesedo House appealed against the ruling of the JC/NHC at the Supreme Court and lost with the Supreme Court upholding the decision of the JC/NHC.

Nana Edu said "in every litigation, one is bound to win and the other lose, and that the victory now realized, is considered as a victory for the Mankessim traditional area and extended an invitation to all the citizens of the community to join hands in developing the area".

He said it was a fact that in the heat of the litigation, development projects were relegated to the background, which plagued the area. "It is time for us to unite as one people under my leadership for our fair share of the national cake", Nana Edu added. 18 June 08