Members of the Nana Yaa Duwaa’s Gate of the Yiadom-Hwedie Royal Family of the Oyoko clan of the Old and New Juaben Traditional Areas in the Ashanti and Eastern Regions
are seeking the Judicial Committee of the Eastern Regional House of Chiefs to place an interlocutory injunction to restrain the newly enstooled Omanehene of New Juaben and his assigns from holding themselves out as traditional rulers of the area.
The petitioners, Kusi Agyemang, Ama Akyaa, Awo Asabea Afia Achia and Abena Amosenkye want the court to stop Nana Otuo Siriboe II, Omanhene of Juaben Traditional Area, Nana Akosua Akyamaa III, Juabenhema, John Gyamfi alias Atta Gyamfi of New Juaben and Nana Twumasi Dankwa, Gyasehene, New Juaben Traditional Areafrom going ahead with the entoolment process.
They are praying the Committee to place
an order of interlocutory injunction restraining the Omanhene of Juaben herein either by themselves, agents, assigns, hirelings, cohorts, whomsoever or otherwise from taking any further steps in the election, selection, installation and enstoolment of the John Gyamfi as the Omanhene of New Juaben and performing as the Omanhene pending the final determination of the Petition before the Committee.
In Koforidua on Monday, a businessman named Odehyie John Kwadwo Yeboah Gyamfi was introduced by the kingmakers of the New Juaben Traditional area as the new Omanhene-elect to succeed the late Daasebre Emeritus Dr Oti Boateng.
The 51-year-old, Odehyie Gyamfi is a business executive based in Germany.
He was introduced to the public and will now go into confinement. After the confinement, he will be outdoored and his stool name will also be made known.
However, per statement of claim file at the Eastern Regional House of Chiefs, sighted by DGN Online, the Petitioners bring the instant action on their own behalves and on behalf of the Duwaa Lineage or gate of the Yiadom and Hwedie Royal Families of Old and New Juaben.
They are protesting against the process by which the Omanhene of Juaben has nominated John Gyamfi for consideration and subsequent election, selection and enstoolment as the Omanhene of the New Juaben Traditional Area.
It is the case of the petitioners that, their family’s rights and privileges as members of the Royal Family have been infringed upon since the Omanhene of Juaben and assigns have failed and or neglected to recognize the Duwaa Lineage or gate as members of the Yiadom-Hwedie Royal Family of Old and New
Juaben as Royals who are equally eligible for consideration and election to the paramount stools of Old and New Juaben.
It is submitted that the continued process to enstool John Gyamfi as the Omanhene of New Juaben Traditional Area, has the tendency of breaching the peace and causing chaos before the determination of this petition.
It is therefore the case of the petitioners that the process by which John Gyamfi was nominated for consideration and enstoolment is not consistent with Akan Customary Law,
practice and usages.
According to them, “there are two Royal Gates consisting of Nana Ama Duwaa’s Gate which presently includes descendants of Nana Yaa Akyaa (Koforidua and Juaben), Nana Pankyie(Koforidua), Afia Sapon (Juaben), Nana Abena Ode (Juaben) and Afia Nnum (Juaben); and Nana Akua Sapomaa’s Gate which is presently the descendants of Nana Akua Boatemaa (Koforidua and Juaben) and the Respondents herein.
“Therefore, Nana Duwaa’s Gate is where thepetitioners herein trace their ancestral lineage whereas the 1st, 2nd and 3rd Respondents trace their ancestral lineage from Nana Akua
Sapomaa’s Gate.
“However, upon the demise of Daasebre Oti Boateng, Paramount Chief of the New-Juaben Traditional Area and Nana Yaa Daani II, the Queen Mother of the New-Juaben Traditional
Area, the Doteyie was dutifully performed in accordance with the custom practice and usage of the people of Akan origin, from the 13th to the 16th May, 2022. It is the case that a week after the Doteyie was performed, the 1st and 2nd Respondents summoned a meeting for only the Hwedie Gate and nominated the 3rd Respondent as their preferred candidate to be presented to the Gyasehene and the Kingmakers for confirmation or otherwise to take the OATH to occupy the vacant seat.”
The case of the petitioners further is that the Juaben Omanhene failed and or neglected to consult the Nana Yaa Duwaa’s Gate when he opened nominations for qualified candidates to present themselves for nomination, saying that “In fact, the 1st Respondent blatantly disregarded the role of members of the Nana Yaa Duwaa’s Gate when he took steps to fill in the vacant position.
“The nomination of suitable candidates provides the basis for which the other processes will take place and that if the nomination process is faulty, or flawed, same renders the nomination invalid and void. There will therefore be no basis for the selection, election and enstoolment.”
The petitioners further contend that the Omanhene of Juaben and Juabenhemaa lack the capacity to solely nominate a candidate to fill in the vacant position of Omanhene, as a duty is the preserve of the Ebusuapanin and or Obaapanin.
“It is the case that following the demise of Daasebre Oti Boateng, Paramount Chief of the New Juaben Traditional Area and Nana Yaa Daani II, the Queen Mother of the New Juaben
Traditional Area the axe fell on the Ebusuapanin and the Obaapanin of the Yiadom and Hwedie Royal Families to nominate a candidate for presentation to the Gyaasehene who will in turn present the nominee to the King makers for approval or otherwise.
“It is the contention that a common Ebusuapanin and Obaapanin for both Nana Yaa Duwaa’s Gate and Nana Akua Sapomaa’s Gate was instituted by Omanhene Nana Yaw Sarpong I, and had been religiously observed by both Gates of Juaben and New Juaben until the death of Ebusuapanin Nana Kwame Antohene when Juaben Omanhene Otuo Siriboe II appointed his elder brother Nana Kwame Akrasi Boaitey as Ebusuapanin for both Yiadom and Hwedie royal families of Juaben thus depriving the Duwaa lineage their right and privileges as Royals of Juaben, which was against traditional norms.”
They therefore concede that an injunction is a discretionary relief which a court may grant in certain circumstances.
“Amongst these circumstances are the following; where a serious question of law exists for trial between the parties, where the grant of an injunction will be just and convenient in the circumstances of the particular case, where damages will not adequately compensate a party in the event of the injunction not being granted, and where the actions of one party may tend to interfere with the administration of justice’
“Mr. Chairman, Honourable Members of the Committee, the first ground for the instant application is that, if unrestrained, the 1st and 2nd, Respondents could cause irreparable
damage to the dignity and integrity of the Yiadom-Hwedie Royal Families of Juaben and New- Juaben. It is our humble submission that the Committee may grant an interim injunction, in any case, where it is just and convenient so to do and where the injury suffered cannot be compensated in damages.
“Mr, Chairman, we respectfully submit that the award of damages will not suffice to restore the dignity and integrity of the customs and traditions of the Yiadom-Hwedie Roya Families once eroded.”
In the circumstances which the petitioners therefore submit that the grant of the injunction sought will be a proper exercise of judicial discretion, since damages will not adequately compensate for the potential damage.
By Vincent Kubi