By Maxwell Awumah
Ho, Mar 28, GNA – The Judicial Committee of the Volta Region House of Chiefs on Friday upheld that Togbe Etoe Kodzo’s enstoolment as the ‘Fiaga’ or Paramount Chief of Tanyigbe Traditional Area, is legitimate.
It has therefore declared the parallel enstoolment of “Togbe Kodi Adiko VI,” otherwise known as Roland Kofi Adiko, the third respondent as null and void, and of no effect.
Two people were installed as separate Paramount Chiefs of Tanyigbe Traditional Area after the funeral of Togbe Kwasi Adiko V, in 2017.
The two Gates, the Akoto family on the Doku Dzehe stool of Anyidoto clan and the Adiko family on the Kodi Ayefior stool of Kodivi clan, from time immemorial have rotated the Fiaga position until, when Togbe Kwasi Adiko V, died, resulting in installation of persons to the stool, which compelled the Akoto’s to seek remedies through the Judicial Committee of the Region’s House of chiefs.
By an amended Petition filed on February 14th, 2019, the Petitioners, including Mr Gabriel Akoto and Mr Cephas Akoto prayed the following reliefs against the respondents, Enos Adiko, Zikpuitor, Togbe Amewakunu Danku, Roland Kofi Adiko and three others, who have stated the Kodivi clan was the sole Fiaga of Tanyigbe Traditional Area.
The petitioners sought that the nomination, selection, confinement and enstoolment of Roland Kofi Adiko of the Kodivi clan as Paramount Chief of Tanyigbe Traditional Area, be declared null and void since it was the rightful turn of the Akoto family.
Another, is to declare Togbe Etoe Kodzo II, recognised as the properly enstooled paramount chief of Tanyigbe Traditional Area and again seek general damages for breach of the laid action and procedure of installation of a Paramount Chief of Tanyigbe.
The Committee said evidence abounds that the paramountcy of the Tanyigbe traditional area was not a sole preserve of the Adiko or Kodivi clan and that the title alternates between Anyidoto clan and Kodivi clan for the Fiaga title.
The Judicial Committee relied on evidence from multiple sources across historical rootage, traditional facts, citizens witnesses, government official records from 1880s, House of Chiefs records, among others to arrive at the judgement.
From the foregoing and in consideration of the evidence, of the legal authorities of the superior courts, we find and hold that: in living memory and recent history of the people, supported by incontrovertible and unassailable documentary proof, point to the fact that the Akotos of the Anyidoto clan were not only chiefs, but Paramount chiefs and that the late Togbe Kwasi Adiko V succeeded Togbe Kwami Ekpe Akoto II.
This judicial committee also finds that the Tanyigbe Paramountcy rotation as supported by petitioners, follows therefore from the above that the Paramountcy of Tanyigbe is not the sole preserve of the Adikos in the Kodivi clan as contained in respondents exhibit 1, which has been presented to the Committee.
This judicial committee also finds and notes accordingly that in view of the findings above, it was the Anyidoto clan and not the Kodivi Clan, which ought to have presented a candidate for the Paramountcy after the death of the late Togbe Adiko V.
Accordingly, it said the third respondent Roland Kofi Adiko ought not to have been enstooled after the death of the late Togbe Adiko V, since in the scheme of the rotation system, he had not hailed from the appropriate clan or lineage to be paramount chief after the death.
This judicial committee therefore declared the enstoolment of the third respondent as null and void and would proceed to set aside the nomination and enstoolment as the paramount chief.
The Committee also identified Togbe Etoe Kodzo II from the Anyidoto Clan as the appropriate clan to nominate and enstool a paramount Chief.
The claim of the petitioners was therefore upheld, “The claim of the petitioners subsists entirely,” according to the 45 page judgement read by Mr Cephas Motey, Committee Counsel.
Mr Gideon Abotsi, Counsel for the petitioners, held brief for Mr Godwin Edudzi Tameklo, demanded cost in the sum of GHC100,00 for damages since the case dragged since 2017, which the Judicial Committee upheld but scaled down to GHC20,000, considering the bond between the parties.
The Judicial Committee advised the parties in the matter to avoid escalating the judgement to violence as documents attest to a close bond between them and rather choose peaceful coexistence.
The respondents were represented by Mr Chris Koka with Gerson Gunu representing Ms Ivy Adiko being an interested party.
The panelists of the Judicial Committee are: Togbe Gbordzor III of Hugo, Togbega Sei II of Botoku, Togbe Adrakpanya VI of Afife and Mr Cephas Motey, Counsel of the Regional House of Chiefs.
GNA
MA/GRB