Opanin Kwabena Agyei, Abusuapanin of Adwoa Ampa (Aberewatia of Etena royal family of Abene) has filed a writ of Quo Warranto at the Nkawkaw High Court, seeking an order directed at His Royal Majesty, Daasebre Akuamoah Agyapong II, Kwahuhene, who, according to him, is seeking to exercise the powers, role and description of Kwahuhene, when he does not hail from the Royal Etena family.
He is also seeking a declaration that the Royal Etena families of Kubease and Abene have the sole and exclusive prerogative to nominate a successor to Daasebre Akuamoah Boateng Il.
He is further seeking a declaration that the body of Daasebre Akuamoah Boateng II, belongs to the said Royal Etena families of Kubease and Abene, who are customarily entitled to organise his funeral rites, in accordance with custom.
A declaration that in the light of the pendency before the National House of Chiefs of the suit, entitled Daasebre Mampong Adjei vrs Eugene Kwasi Asante Boadi, in which the legitimacy of the 2nd Respondent is under legitimate challenge, it is unlawful, illegal and contemptuous for the 2nd Respondent in particular and in concert with the other Respondents to seek to perform the final funeral rites of Daasebre Akuamoah Boateng II, when they had absolutely no hand in the “Dote Yie” of the said Daasebre Akuamoah Boateng Il, held in 2014.
The following is the statement of claim accompanying the writ; That I am the deponent and 5th Applicant herein and I have the consent and authority of the other Applicants to depose to the instant affidavit on our joint behalf, as all the matters are within my personal knowledge.
That the 1st Respondent is a moribund entity because Kwahuman has not nominated and enstooled a successor to Daasebre Akuamoah Boateng Il, since his demise in 2013.
The 2nd Respondent is a person holding himself out as Kwahumanhene, which claim is the subject of pending suit at the National House of Chiefs. The 3rd and 4th Respondents are persons holding traditional office and are now in collusion with the 2nd Respondent, actively aiding and abetting him in his quest to wrestle and annex the position of Kwahumanhene.
That, when the “Dote Yie” of Daasebre Akuamoah Boateng II was being held by the Etena Royal Family of Abetifi and Abene, to which he belonged during his lifetime, the Respondents herein have absolutely no hand in the said Dote Yie because they are not members of the said Royal Family.
That I repeat the immediately preceding paragraph and state, although lacking the requisite customary rite and power to organise the final funeral rites of Daasebre Akuamoah Boateng II, the Respondents have for ulterior reasons made full and ample preparation to conduct the funeral of the said Daasebre Akuamoah Boateng Il, as evidenced by Exhibit ‘A’ above.
That, it is clear that only the authoritative intervention of this Honourable Court would compel the Respondents to show a modicum of respect for the customary law and practice of Kwahu Traditional Council which has been observed from antiquity.
That I will contend that the Kwahu Traditional Council is under an obligation to behave in line with the customary laws and practices of the Kwahu Traditional Area and cannot disregard the customary practice, relative to burial and funeral rites of a Kwahumanhene.
That I am further advised by Counsel and verily believe same to be true that the brazen customary aberration and illegality of the Respondents ought to be halted immediately.
That, l am also advised that prerogative writs can be directed at bodies/persons recognized or created by custom.
That I am further advised and believe same to be true that the procedural impropriety and basic fundamental breaches of custom are subject to the prerogative writs even when there is no formal proceedings thereby making the Orders “speaking orders”.
That I am further advised by Counsel and verily believe same to be true that the plethora of fundamental legal errors and procedural impropriety are manifestly errors on the face of the record requiring the swift intervention of this Honourable Court by a grant of the Quo Warranto order, as well an injunction restraining the Respondents high writ of certiorari.
That the Respondents have a constitutional duty to be fair and candid, in relation to all matters affecting the Kwahu Traditional Area.
Wherefore I swear to this affidavit.
Sworn before me at NKAWKAW
THIS 29th day of SEPTEMBER, 2023.
