By Opesika Tetteh Puplampu
Dodowa, Nov. 24, GNA-The Judicial Committee of the Greater Accra Regional House of Chiefs (GARHC) has overturned an earlier ruling of the Ada Traditional Council in a long-standing chieftaincy dispute involving the Okumo Wem family of the Dangbehwe Clan of Ada.
The case, numbered GARHC/AP3/2023, centred on the legitimacy of the election, nomination, and installation of Enock Tetteh Lanuer as Westoyi (Divisional Chief) of the Dangmebiawe Clan.
The plaintiffs/appellants, led by Foah-Teye Okumo, argued before the trial court that Lanuer was not properly nominated under established rotational customs and that his installation contravened long-standing traditional arrangements of the Dangbehwe Clan.
They maintained that the system rrotated between three families, Osabu-Yete, Okumo, and Na-Wayo, insisting that Lanuer did not qualify under this structure.
They also accused the respondents of ignoring a 1974 agreed framework that guides the selection of a Westoyi, alleging that the Osabu-Yete faction had “forced themselves” on the clan, sidelining the Okumo Wem family.
Earlier, the Ada Traditional Council’s Judicial Committee dismissed the appellants’ challenge and upheld the installation of the respondent as Westoyi. The council also restrained the plaintiffs from presenting themselves as Westoyi-designate or interfering with the actions of the respondents.
Dissatisfied, the appellants filed an appeal to the Region House of Chiefs at Dodowa, arguing that: “The trial committee did not consider all evidence; their witnesses were not allowed to complete testimony; the committee improperly relied on documents from the Nene Ada Arbitration Committee, which was not a judicial committee under law; and they were denied natural justice since the case was not properly heard to completion.”
They also filed an application for a stay of execution, highlighting attempts by the respondents to perform funeral rites and exercise authority during the pendency of the case.
In its 17-page judgment, the Judicial Committee of the Greater Accra Regional House of Chiefs found serious procedural lapses in the Ada Traditional Council’s handling of the case and ruled that the earlier judgment could not stand.
According to the Committee: key witnesses were prevented from fully testifying, contrary to Regulations 4(3), 4(4), 4(5), and 8(1) of L.I. 798 on Chieftaincy Proceedings; the committee improperly applied res judicata, claiming the matter had been settled by the Nene Ada Arbitration Committee, which the Regional House ruled was not a judicial committee and therefore had no authority to issue binding judgements under Act 759.
It also found that the trial committee issued judgement before completing hearings, including the cross-examination of key plaintiff witnesses, describing the conduct of the Ada Traditional Council as a violation of basic principles of fairness, stating: “The plaintiffs were not granted full opportunity to prove their case… They were barred from completing their testimonies without any justification.”
It concluded that the earlier judgment was “fundamentally flawed, irregular, and miscarried justice.”
The Regional House of Chiefs, therefore, set aside the entire judgement of the Ada Traditional Council, ordered a rehearing, and awarded GHS 5,000 in costs to the appellants to cover procedural expenses.
GNA
Edited by Laudia Sawer/George-Ramsey Benamba