The High Court in Hohoe in the Volta Region has overruled the purported Nnyasubi Owie (Youth Leader) of Nkonya Wurupong Traditional Area, Nana Obiri Kwadjo’s claim that it lacks jurisdiction to entertain a matter brought before it.
The court, presided over by Justice Ayitey Armah-Tetteh, in its ruling on July 5, 2022, dismissed the application on the grounds that the plaintiff/respondent, Nana Komla Akploah II, Adontenhene of Nkonya Wurupong, endorsed on the writ of summons was not a cause or matter affecting chieftaincy and was properly before the court.
According to the court, the Applicant/Defendant, Nana Obiri Kwadjo, in his application, did not tell the which family or lineage he was from, and that if he had the sole right to be made the Mmratehehene of Nnyasubi or Youth Leader within the Nkonya Wuropong Traditional Area.
It said: “The Youth Leader within the Wurupong Traditional Area, as presently constituted and not hailing from any particular family or lineage within the Wurupong Traditional Area, cannot be a chief within the meaning of a chief as defined by Article 277 of the 1992 Constitution and repeated verbatim in section 57(1) of Act 759, and as such any issue about his nomination, election, installation or who has the right to nominated him cannot be a cause or matter affecting chieftaincy as provided for in section 76 of Act 759 section 117 of Act 459.
“The court will, therefore, decline the invitation of the Defendant/Applicant to strike out the suit for lack of jurisdiction. The application is, therefore, declined.”
The ruling was caused by Nana Obiri Kwadjo, whose authority was being challenged, filed a counterclaim after Nana Komla Akploah II, Adontenhene of Nkonya Wurupong, had sued him for purportedly holding himself as the Youth Leader.
The plaintiff (Komla Akploah), in the substantive application, was seeking a declaratory and injunction reliefs against the Defendant (Nana Obiri) over the legitimacy of his role.
But, moments after entering appearance, the Defendant (Nana Obiri) filed a counter application and asked the court to strike out the initial application against him for lack of jurisdiction.
However, his request for the court to strike out the substantive matter was dismissed.
