Tension is brewing at Nkotumso Nkasawura, a mining community in the Upper Denkyira West District in the Central Region, as two persons are claiming to be chiefs of the same community.
Doduo Biribi Aduonum-Gyeabour, who was installed Chief of the community on April 26, 2021 after 11 years of litigation, is facing stiff opposition from a self-styled Chief, Nana Anyimadu Kuffour II, alias Mr. Joseph Nkuah Mensah, and popularly known as Kwabena Ebo.
The two have, since 2011, traded claims and counter-claims as to who is eligible to occupy the Stool of the Royal Ekuona/Ahwenee Family.
On September 19, 2011, the plaintiff/applicants issued a writ before the Judicial Committee of the Denkyira Traditional Council against the defendants/respondents for an order for the annulment or setting aside of the purported nomination, election, and enstoolment of Nana Anyimadu Kuffour II, first defendant/respondent, as the Chief of Nkotumso-Nkasawura.
The said writ also sought an order for a perpetual injunction restraining Nana Anyimadu Kuffour II from acting and or parading or holding himself out or allowing himself to be referred in any way or any manner as the Chief of Nkotumso-Nkasawura.
The case of the plaintiffs/applicants, was that Nana Kwabena Afoakoh of Nkotumso-Nkasawura, the first plaintiff, is the Abusuapanin of the Royal Ekuona/Ahwenee Family of Breman-Akrofuom, while the 2nd plaintiff, Madam Akua Nsowah, represented by Mr. Akwasi Aduonum,is an elders of the Royal Family.
The plaintiffs/applicants further contended that the first defendant, Mr. Joseph Nkuah Mensah, alias Kwabena Ebo, was a member of the larger Ahwenee Royal Family of Nkotumso-Nkasawura, and hailed from the late Nana Ayimadu lineage, while the 2nd defendant was the Obaapanin to the Nkotumso Nkasawura and a member of the Royal Ahwenee Family.
They explained their position for seeking an order for the annulment of the purported nomination, election and enstoolment of the 1st defendant as the Chief of Nkotumso-Nkasawura, that after the death of late Kofi Bissah, who succeeded the late Nana Amankra I, there was no eligible male royal within the immediate family to succeed him, and so the late Nana Gyimadu pleaded to be the Chief of the Nkotumso-Nkasawura Stool.
It was indicated that the late Nana Ayimadu I, in accepting to be the Chief, made it clear to his immediate family that he was not the rightful candidate for the throne, and that ascendency to the stool terminates upon this death, and therefore, none of his descendants was eligible to succeed him.
The plaintiffs stated that after the death of Nana Ayimadu I, one of his descendants wanted to succeed him, but was rejected by the kingmakers, as he was not a member of the immediate family.
They further contended that their grand uncle, the late Nana Afoakoh, succeeded the late Nana Ayimadu and ruled for some time before he voluntarily abdicated the stool, upon which his nephew, being the late Nana Yamoah Ponkoh, was enstooled as Chief of Nkotumso-Nkasawura until his death on October 26, 2009.
The plaintiffs said that after the death of Nana Yamoah, the principal members and elders of the Royal Ahwenee Family met and tasked the Abusuapanin (1st plaintiff) and the Obaapanin
(2nd defendant) to propose a candidate, for which the 2nd defendant insisted on enstooling the 1st defendant, resulting in the matter coming before the Denkyirahene for arbitration, but before the matter could be resolved, the 2nd defendant enstooled the 1st defendant as Chief of Nkotumso-Nkasawura on September 12, 2011, contrary to the tradition, custom and usages of the Royal Ahwenee Stool, and the Denkyira Traditional Area.
The plaintiffs further contended that, had it not been the advice of the plaintiffs and the entire family members, the peace of the town would have been compromised, especially by the youth.
Reacting to the plaintiffs’ claims, the defendants respondents, in their affidavit in opposition, deposed that the 1st plaintiff/applicant was not the only Abusuapanin of the Royal Ahwenee Stool of Nkotumso-Nkasawura, and that the Royal Ekuona/Ahwenee Family became fragmented as a result of wars and marriages, following which pockets of the family were found in Sefwi Baakokrom, Denkyira Diaso, Abora, Dominasi, Nkasawura, Mfuom, Asikuma, Wassa-Awudua Watreso, Krobo, and Akrofuom.
The defendants claimed each satellite family had its own Abusuapaninn, with Nkasawura, Dominase and Abora family under Abusuapanin Kwame Appiah before the death of the late Chief, Nana Yamoahn Ponkoh.
The defendants further contended that the late Nana Yamoah Ponkoh was installed by Nana Kofi Kwaa, Abusuapanin of Akrofuom, who had always been the most senior Abusuapanin of the Royal Family, and that the current Queenmother, Nana Kwaa Akosua, was installed by the Abusuapanin of Akrofuom, while the second defendant was installed as Nana Ayimadu Kuffour II by Nana Boakye Donkor, Akrofuom Abusuapanin, Nana Kwaa Akosua Nkasawura, Queenmother, and the Akomantire Division, headed by the Queenmother of Dunkwa-Mfuom.
The Defendant further responded that the late Nana Ayimadu Kuffour I was a true royal of the Nkasawura Ekuona Ahwenee Family, and denied the claim by the plaintiffs that the late Chief pleaded to be the chief.
The defendants’ case was that the late Nana Ayimadu I was properly nominated and enstooled the Chief of Nkotumso-Nkasawura, and that “the voluntary ascendancy” claim to the throne by the late Nana Ayimadu Iby the plaintiff/applicant is not only a concocted story, but an afterthought.
The defendants further said that it was the kingmakers, led by the Abusuapanin of Akrofuom, Nana Kofi Kwaa, who installed the late Nana Yamoah Ponkoh I to the stool, and NOT Nana Afoakwa as alleged.
The respondent/applicant also said Nana Ayimadu Kuffour I was accorded all the respect as a Royal and was buried in the Royal Mausoleum.
The 2nd defendant contended that she did not attend the arbitration meeting, because no such invitation was extended to her.
The defendant/respondents further argued that the 1st defendant was enstooled in accordance with the custom and usages of the people of Denkyira on September 12, 2011, and that the installation, swearing of oaths, outdooring of the new Chief, Nana Ayimadu Kuffour II, went on peacefully without any confrontation, having paraded him through the principal streets of the town, as custom demanded, to the admiration of the people of Nkotumso-Nkasawura under the supervision and direction of the Akomantire Division of the Denkyira Tradition Council.
The defendants consequently prayed the Committee to dismiss the plaintiff/applicants’ application as unmeritorious and frivolous. However, the five-member Judicial Committee of the Denkyira Traditional Council, chaired by Nana Gyinadu Kuffour II, Chief of Nsuaem No. 2, considered the essential issues as to whether the alleged installation on September 12, 2011, was in accordance with the appropriate customary law and usage, and whether Nana Ayimadu Kuffour II was a true member of the Royal Family.
In resolving the case, the Committee upheld the claims of the plaintiffs and stated that: “It is quite obvious with a clear indication that the installation of Nana Ayimadu Kuffour II was not in line with the Custom and Tradition of Denkyira.
“The fact is that, he has confessed that the Black Stool, which is the symbol of authority, was not present during the installation. He could not enter the Black Stool room where the sheep is slaughtered.
The Black Stool is subservient to the Benkumhene’s Stool according to Exb “E”. It was therefore wrong for Nana Ayimadu Kuffour II to have sworn to the Benkumhemaa, Nana Akua Owusuaa.”
The Committee ordered that Nana Ayimadu Kuffour II should, therefore, surrender the Black Stool to Odeefuo Akyeame to be given to Abusuapanin Kwabena Afoakoh immediately, and awarded a cost of GH¢50,000.00 against Nana Ayimadu Kuffour II for the plaintiffs.
But, Nana Anyimadu Kuffour has opposed the position of the Denkyira Traditional Council and filed an appeal at the High Court in Cape Coast, which over turned the ruling of the Denkyira Traditional Council on February 17, 2021.
The plaintiff/respondents consequently filed an appeal at the National House of Chiefs on February 18, 2021, but the move had stalled, because the High Court had not issued a certified ruling five months on to enable the applicants pursue the matter at the national level.
While the dispute raged on, a funeral poster emerged in which Nana Anyimadu Kuffour II claimed to be the Chief of Nkotumso, which seemed to reactivate the litigation and might generate into confrontations on both sides, especially among the youth who are said to be highly incensed.
It is in view of the delays by the High Court to issue a written verdict and ensuing developments that Doduo Biribi Aduonum-Gyeabour has appealed to the Denkyira Traditional Council to be proactive to prevent chaos and unrest in the Nkotumso community.
According to him, until the matter is finally determined, the status quo persists, and remains the Chief of Nkotumso Community, based on the ruling of the Denkyira Traditional Council.
He has appealed to the Denkyira Traditional Council, the Central Regional House of Chiefs, the National House of Chiefs, and the Ministry of Chieftaincy to intervene to ensure that justice and fair play prevailed.
Meanwhile, Doduo Biribi Aduonum-Gyeabour has appealed to his subjects to be calm in the face of any provocation.
