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A High Court in Kumasi has reinstated the Chief of Mehame Nana Duodu Bene Nkansah after his wrongful destoolment.
Per the ruling of His Lordship Justice Frederick Tetteh, the action taken by the respondents– the Offinsohene Nana Wiafe Akenten III and seven others – to yank the complainant off his stool was arbitrary.
The Mehame palace in the Offinso District of the Ashanti Region was invaded in June 2019 by persons purporting to have been sent by the Offinso Traditional Council to perform destoolment rituals.
Nana Duodu Bene Nkansah who prayed the court challenging his wrongful distoolment, Argued that news of the action, came to him as a shock as no official charges of misconduct was served him.
Led by his counsel Lawyer Obiri Yeboah, The complainant contended that he was not invited before any committee, to be properly heard and charged breaching the Laws of Natural Justice, which is upheld by customary law.
Lawyer for the respondents Franklin Asamoah was unable to produce evidence of any documentary proof of proceedings of meetings properly held to arrive at the decision to destool the Chief of Mehame.
The court ruled that per the provisions of the Chieftaincy Act, Act 759, the Respondents have no power or authority to destool the applicant in the manner in which they did, no matter how reprehensible his ‘sins’ against the Respondent was.
The court also upheld evidence adduced to the effect that the Omanhene of the Offinso traditional council, Nana Wiafe Akenten acted unfairly as a complainant and a judge in meetings held at his instance to reach the discision to destool the chief of Mehame.
The court further gave immediate orders prohibiting the Offinso Traditional Council led by Nana Wiafe Akenten III from preventing the Applicant from performing his duties and functions both statutorily and customarily as the Chief of Mehame.
HIS Lordship Justice Frederick Tetteh however refrained from awarding a cost on grounds that the Complainant and the Respondent held hierarchical positions as a member and a President of the Offinso Traditional Council respectively.
He however asked that the two parties to show good will to each other and find amicable means of settling differences in the interest of the peace and development of the Offinso traditional area.
The other respondents aside the Offinso Traditional Council were
The Abusuapanin of Mehame-Asona Royal Family, Kwabena Yeboah (Mehamej; Kwaku Takyi (Namoj, Abontendonhene; Dickson Opoku; Kwabena Amponsah Of Asamankama
The others were Kwadwo Akumi (Mehame); Okyeame Kwaku Wiafe and Okyeame Kwabena Owusu.
