A Cape Coast High Court has struck out a suit filed by Ebusuapanyin Kojo Okoso-Mensah and Killian Kelvin Ewudzi, which sought to challenge the legitimacy of Nana Okese Essando IX, as the paramount chief of the Nkusukum Traditional Area.
The court, presided over by his Lordship Justice Bernard Bentil, struck out the legal suit by a rival chief, Killian Kelvin Ewudzi, who has also laid claim to the Nkusukum paramount chief title.
Reliefs sought by plaintiffs
The suit, as filed, sought a declaration that the purported entry of Nana Essando’s name in the national register of chiefs in Ghana was procured unlawfully and same was irregular, invalid and null.
It also sought an order of the court to direct the National House of Chiefs, which was a second defendant to the suit to delete or expunge Nana Essando’s name from the National Register of Chiefs in Ghana.
In its third relief, the suit wanted an order directed by the 2nd defendant to forward the Chieftaincy Declaration (CD) Form of Mr Ewudzi duly signed by the Acting President of the Nkusukum Traditional Council to the 2nd defendant to enter same in the National Register of Chiefs in Ghana.
Additionally, the suit sought an order of interlocutory and perpetual injunction to refrain Nana Essando from performing any statutory function of a paramount chief.
This includes presiding over the Nkusukum Traditional Council as President, participating in the meetings of the Central Regional House of Chiefs and any other statutory functions of a gazzetted paramount chief.
An order of interlocutory and perpetual injunction restraining the Central Regional House of chiefs, which was the first defendant in the case from allowing, permitting and inviting Nana Essando IX to perform any statutory function of a Paramount Chief.
This included participating in the meetings of the Central Regional House of Chiefs, either in the plenary of committee level or any other statutory functions of a gazetted Paramount Chief.
It further sought cost of litigation including legal fees and any other relief (s) which the court might deem fit to grant.
The court carefully evaluated the writ of summons and the seven statements of claims by the plaintiffs and the respective statement of defence filed by the defendants.
The court, in its decision raised the issue of jurisdiction and ordered the parties to submit their written submissions on whether or not the instant matter was one affecting chieftaincy.
Having perused the submissions of both Counsels, Justice Bernard Bentil proceeded with the ruling, bearing in mind the pleadings as filed and the relevant laws.
According to the court, the pleadings gave rise to the necessity to make a determination of which of the two parties, that is Nana Essando IX and Kelvin Ewudzi, has been validly nominated, elected and installed as the Paramount Chief of the Nkusukum Traditional Area, in accordance with custom and usage.
“One way or the other, this Court cannot make a final determination of issues in this instant case without encroaching on the special jurisdiction of the Traditional Council and the Judicial Committees of the Regional and National House of Chiefs.
“For all the above stated reasons, I am satisfied that in the substance, this case is a cause or matter affecting chieftaincy and thus, this Court is bereft of jurisdiction to entertain same,” the ruling stated in part.
Accordingly, the suit was struck out for want of jurisdiction and cost of GH¢10,000.00 was awarded in favour of the defendants against the plaintiffs
Effect of the ruling on the legitimacy of Okese Essando
Following the decision of the court, Nana Okese Essando IX remains the legitimate, substantive and the only recognised paramount chief of the Nkusukum Traditional Area. As indicated above, an attempt to have his name expunge from the register of the National House of Chiefs by the plaintiffs have been struck out.
Nana Okese Essando IX, who is known in private life as Mr Nicholas Akwesi Biney, is a 51 year old professional teacher, with a master’s degree in Construction Technology.
