Thursday, December 2, 2010

COURT RULES ON TUOBODOM CASE (PAGE 51, DEC 1, 2010)

One of the two claimnants to the Tuobodom Stool and three other chiefs from the Brong Ahafo Region have won a legal battle to have their elevation to paramount status by the Asantehene recognised by both the National and Brong Ahafo Regional Houses of Chiefs.
The Kumasi High Court has ordered both houses of chiefs to insert the names of the four chiefs in their registers since there was nothing wrong with their elevation.
The other chiefs are the Tanobuasehene, Tanosohene and Kenyasehene.
This followed a writ of mandamus filed on behalf of the stools by a Sunyani-based lawyer, Nana Obiri Boahen.
Mr Justice Kwame Ansu-Gyeabour, in his ruling read on his behalf, said there was no doubt that the stools had owed allegiance to the Golden Stool of Ashanti since 1935.
Tanobuasehene, Tuobodomhene and Tanosohene who constituted part of the Tanosubin area of the Brong Ahafo Region were elevated to paramount status in 1996 by the late Otumfuo Opoku Ware II, but had since not been admitted as members of the Regional House of Chiefs.
Just after their elevation, a serious conflict broke out in the area, resulting in the death of seven people and massive destruction of property.
Just last year, the Techimanhene was alleged to have detained one of the two claimnants to the Tuobodom Stool in his palace for refusing to denounce his allegiance to the Asantehene.
The Kenyasehene was, however, sworn in as Omanhene about three years ago but had also not been admitted to the Regional House of Chiefs.
Consequently, they filed the suit challenging the refusal of the National and Regional Houses of Chiefs to recognise them.
In their supporting affidavit, the plaintiffs averred that they had never been subservient to the Techiman Stool.
According to them, their elevation to paramount stool status by the Asantehene was done in line with custom and thus deserved to be recognised by the Regional and National Houses of chiefs.
The plaintiffs produced pictorial evidence of the late Techimanhene, Dotobibi Takyia Ameyaw at the Manhyia Palace in the company of the Acherensuahene, Nkroranzahene and the Kukuomhene pleading with the Asantehene to allow him (Techimanhene) to administer the Tuobodom and other stools he (the Asantehene) elevated in the Tanosubin area on his (Asantehene’s) behalf to which the Asantehene refused.
The High Court, in its ruling, stated that for the Techimanhene to do that meant the Techiman Stool was stopped by its own conduct to say those stools were under it.
The court also could not understand why the National House of Chiefs set up a committee to go into the complaints of the chiefs when they had gone to court to challenge the refusal to insert their names in the register of chiefs.

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