Judicial Committee annuls destoolment of Wassa Fiase Omanhene

The Judicial Committee of the Western Regional House of Chiefs has declared null and void the destoolment of Odeneho Akrofa Krukoko II as the paramount chief of the Wassa Fiase Traditional Area.

According to the committee, the purported destoolment, in law, was as if no destoolment ever took place.

The three-member committee made the declaration when it struck out a petition filed before it by six applicants for a proclamation that Odeneho Akrofa Krukoko II had been destooled as the paramount chief of the Wassa Fiase Traditional Area.

This followed a counter motion filed by Odeneho Akrofa Krukoko, urging the committee to strike out the application as unmeritorious.

The petitioners, who were slapped with costs of GH¢6,000, were Nana Kwadu Kyerefo III, Nana Kobina Angu II, Nana Kwandoh Brempong III, Nana Kwaw Amoah II, Nana Kwabena Gyan II and Nana Ampong Kwasi II.

 Background

Following a protracted litigation over Odeneho Akrofa Krukoko’s enstoolment as paramount chief, he was convicted for contempt, sentenced to a term of imprisonment by the Sekondi High Court and served the prison term at the Sekondi Prisons.

After his conviction, the kingmakers and Ebusuapanyin met and immediately performed the customary rites to destool him and the Ebusuapanyin nominated Reverend Chico Morgan as the new Omanhene.

Customary rites were performed and Rev. Chico Morgan was enstooled as the Omanhene of the Wassa Fiase Traditional Area with the stool name Osagyefo Kwamina Enimil VI.

Later, Odeneho Akrofa Krukoko appealed against the High Court ruling and the Court of Appeal quashed his earlier conviction.

 Reasons

Giving its reasons for the ruling, the committee, which was chaired by Awulae Annor Adjaye III, said the kingmakers, or a majority of them, must have preferred destoolment charges against Odeneho Akrofa Krukoko at the Judicial Committee of the Western Regional House of Chiefs.

According to the committee, Odeneho Akrofa Krukoko must have been found guilty on any one or more of the destoolment charges and accordingly held liable to be destooled.

Added to this, the kingmakers, it said, must have actually carried out the customary destoolment rites against him pursuant to that judgement and a written record made in the minutes of the Traditional Council meeting.

“It was physically impossible for all the three crucial processes to have been gone into from April 19, 2002, when Odeneho Akrofa Krukoko was jailed for contempt and started serving his term of imprisonment of 14 days, and April 23, 2002, when Osagyefo Kwamina Enimil VI was purported to have been installed the Omanhene,” the committee held.

The application, the committee observed, therefore fell short of the required customary and legal procedures of destoolment and enstoolment.

“While we as a committee cannot destool or enstool any chief, we can only look at the particular facts of a case and make pronouncement for the guidance of the authorities and aggrieved persons,” it concluded.

Other members of the committee included Nana Kwesi Agyeman IX and Awulae Amihere Kpanyinli III.