Nana Ama Duwaa Gate which is one of the two gates in the New Juaben traditional area is seeking to place an interlocutory injunction on the enstoolment processes of new Omanhene for New Juaben in Eastern Region.
Odehyie Kwadwo Yeboah Atta Gyamfi was outdoored on Monday, June 6, 2022, after overwhelming endorsement by Kingmakers and sub-chiefs.
He is currently in Asante Juaben undergoing traditional confinement and tutelage under the feet of Juabenhene Nana Otuo Siriboe II before finally enstooled.
However, the Nana Ama Duwaa Family believes due processes were not followed and that they were not consulted hence praying to the Judicial Committee of the Eastern Regional House of Chiefs to injunct the process.
The petitioners herein are Dr. Kusi Agyemang (Juaben), Ama Akyaa (Ejisu-Kumasi, Awo Asabea Koforidua, Afia Achia (Koforidua), and Abena Amosenkye (Koforidua).
The Respondents are Nana Otuo Siriboe II (Omanhene of Juaben traditional Area), Nana Akosua Akyamaa III (Juabenhemaa), John Gyamfi alias Atta Gyamfi (New Juaben), and Nana Twumasi Dankwa (Gyaasehene, New Juaben traditional Area)
According to the petitioners, there are two royal gates – Nana Ama Duwaa’s gate and Nana Akua Sarpomaa’s gate that ascend the New Juaben Stool.
The petitioners say they trace their lineage from the Nana Ama Duwaa’s gate whereas the 1st, 2nd, and 3rd Respondents trace their lineage from Nana Akua Sarpomaa’s gate.
The petitioners contend that the 1st and 2nd respondents failed or neglected to consult the Duwaa Royal gate in the nomination of a qualified candidate to be enstooled as Omanahene.
“That, the case of the Petitioners is that the 1st and 2nd Respondent have failed and or neglected to consult with the Nana Ama Duwaa’s Gate before nominating the 3rd Respondent as the candidate for the vacant position of Omanhene of New-Juaben; and that as a matter of fact, the 1st and 2nd Respondents blatantly disregarded the Nana Ama Duwaa’s Gate in the alleged nomination of a valid candidate to fill the vacant position.
That there are a plethora of authorities on the need for consultation on such matters as will be found in R.S Rattt? Ashanti Law and Constitution 1929 ed’at page L443 and In Re Kwabenq Stool, Kakari & Anor v. Ababio & Others 2OOL-2OO2 SCGLR 515, etc.
That nomination provides the basis on which the election, selection, installation, and the enstoolment processes will take place and that if the nomination process is faulty flawed, or void, there will be no basis for election/selection and enstoolment of a chief.
That it is the case that following the demise of Dasebre 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 ax fell on the Ebusuapanin and or 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 Kingmakers for approval or otherwise”
In summary, the petitioners say “It is submitted that on the evidence of the Petition, the Petitioners have established a prima facie case that there are certain rights recognized in law which are under attack from the activities of the Respondents and which are capable of protection by this Honourable Committee.
It is also submitted that this is a situation where the grant of injunctive relief will be just, convenient and proper. It is further submitted that the Petitioners and the Royal members of the Nana Yaa Duwaa’s Gate of the Oyoko Clan will suffer irreparable damages if the Respondents are emboldened to continue with the process of enstooling the 3’d Respondent as the Omanhene of the New-Juaben Traditional Area.
Mr. Chairman, Honourable Members of the Committee, such imposition is contrary to the established custom practice and usages by customary law, Mr. Chairman, Honourable Members of the Committee, we submit that the loss which will be occasioned thereby to the Petitioners cannot be adequately compensated for in damages if the Petitioners should be successful in this action, and finally, it is submitted that the Respondents by their dispositions may bring the administration of justice into disrepute by engineering a fait accompli.
We accordingly invite this Honourable Committee to grant the Petitioners’ prayer for an order of interlocutory injunction to restrain the Respondents, either by themselves, agents, assigns, hirelings, cohorts, whomsoever or otherwise howsoever from taking any further step in the nomination, selection, election and enstoolment of the 3rd Respondent as the Omanhene of New Juaben pending the final determination of the instant Petition before this Honourable Committee”