Togbe Afede, President of the National House of Chiefs

The Krontihene of New Juaben Traditional Area, Baffuor Nyantakyi Tutu Boateng has petitioned the National House Chiefs over non-existing Chiefs as well illegalities and anomalies contained in the list of Chiefs presented to the House and its President from the New Juaben Traditional Council.

Baffuor Nyantakyi Tutu Boateng said in the Petition that, the exclusion of eight (8) existing and legitimate Divisional Chiefs and members of the New Juaben Traditional Council -Gyasehene, Kontihene, Kyidomhene, Manwerehene Ntotoyehene, Akyempemhene
Ayokoↄhene and Nkosoↄhene from the list of Divisional Chiefs presented to the House of Chiefs is a slap on the face of the Chieftaincy Act.

According to the Krontihene, the act constitutes a serious breach of law and customary law and usage pertaining to the New Juaben Traditional Area, by whoever or wherever the list emanated from.

He stated that, the existing number of Divisional Chiefs within the New Juaben Traditional Area, although twelve (12), therefore the list as it appears in the L. I. 2409, is not a true reflection of what is on the ground, as at the date of gazette, 1st July 2020.

He said the list of Divisional Chiefs in the L. I. 2409 as it stands currently, is illegitimate because ” it contains non-existing stools, unheard of in the Traditional Area since 1875 when our ancestors arrived at the current location from Asante Juaben and finally established the New Juaben settlement in 1878. These non-existing and unheard of stools are Betomhene, Srodaehene, Nsukwaohene and Adwesohene”.

He also pointed out another illegality being the inclusion of four (4) Sub-divisional Chiefs viz, Nyamekromhene, Suhyenhene, Adahene, and Akwadumhene, in Regulation 7 (1) (h) of the L. I. 2409 as at the date of gazette, 1st July 2020, and thus elevating them to Divisional status, without due regard to customary law and usage in the process of making a Divisional Chief in the New Juaben Traditional Area.

Below is the full petition by the New Juaben Krontihene.

The President
National House of Chiefs
P. O. Box 4148
Kumasi

Dear President,

PETITION ON ANOMALIES IN THE CHIEFTAINCY (MEMBERSHIP OF REGIONAL HOUSES OF CHIEFS) INSTRUMENT 2020 (L. I. 2409)
RE: REGULATION 7 (1) (h) – NEW JUABEN TRADITIONAL AREA

INTRODUCTION

May I humbly take this opportunity, with due respect, to introduce myself as a prelude to this Petition.

I am the Kontihene (or Krontihene – a spelling variant), a Divisional Chief and Head of the Kontire Ne Akwamu Division (a.k.a. Asafo Division), of the New Juaben Traditional Area, with the spiritual seat in Koforidua in the Eastern Region of the Republic of Ghana. I swore the customary Oath of Allegiance to my overlord, the Omanhene of New Juaben Traditional Area, on 15th August 2013 under the stool name; Baffour Nyantakyi Tutu Boateng.

I swore the Official Oath, the Oath of Secrecy and the Oath of Allegiance, all on 17th October 2014 before the High Court Judge in Koforidua. My stool name was entered into the Chieftaincy Bulletin Vol. 2 No.1 of November 2015 with serial number 2164. Since my enstoolment and having been admitted as a bona fide member of the New Juaben Traditional Council, I have duly been performing my customary and judicial functions as a Divisional Chief and for over four (4) years acted as Ag. President on of behalf of the Omanhene in his absence outside the jurisdiction of the New Juaben Traditional Area.

I write this Petition on my own behalf and on behalf of my family: The Asafo Boateng Royal Family (occupants of the Kontire Stool of New Juaben Traditional Area).

PETITION

The Main Point of my Petition:
This petition avers that there are certain incontrovertible anomalies inherent in Regulation 7 (1) (h) of the L. I. 2409, which borders on the list of the Divisional Chiefs from the New Juaben Traditional Area, as pertained to all the other Traditional Areas listed in the L. I. 2409, which instrument was made on 30th June 2020 and gazetted on 1st July 2020.

Conditions Precedent:

Before stating the specific issues/anomalies that form the crux of my Petition, and to facilitate my seeking of clarification, I wish to crave the indulgence of the President of the National House of Chiefs as well as the National House of Chiefs, to take cognizance of the following observations, deduced from the L. I. 2409, which I have termed the conditions precedent, for the name of a Chief below the rank of a Paramount Chief, to be entered into the L. I. 2409.

The Chief must be a Divisional Chief as at the date of gazette of the L. I. 2409.
The Divisional Chief must be a member of a Traditional Council as at the date of gazette of the L. I. 2409.
The Stool of the Divisional Chief must be in existence as at the date of gazette of the L. I. 2409.

The Divisional Chief to be a member of a Regional House of Chiefs, shall be selected by the President of a Traditional Council in consultation with the Traditional Council.

The number of Divisional Chiefs listed by all Traditional Councils in the L. I. 2409 does not depend on and is not limited by the number allotted to each Traditional Council, to be selected as members of a Regional House of Chiefs.

Specific issues/anomalies
Per the observations stated in paragraph (b) above, I humbly would like to bring to the notice of the National House of Chiefs, that anomalies have occurred in the list presented to the National House and its President, which constitute a serious breach of law and customary law and usage pertaining to the New Juaben Traditional Area, by whoever or wherever the list emanated from. The specific issues/anomalies are as indicated below:

The existing number of Divisional Chiefs within the New Juaben Traditional Area, although twelve (12), the list as it appears in the L. I. 2409, is not a true reflection of what is on the ground, as at the date of gazette, 1st July 2020.
The list of Divisional Chiefs in the L. I. 2409 as it stands currently, is illegitimate because it contains non-existing stools, unheard of in the Traditional Area since 1875 when our ancestors arrived at the current location from Asante Juaben and finally established the New Juaben settlement in 1878. These non-existing and unheard of stools are Betomhene, Srodaehene, Nsukwaohene and Adwesohene.

This can be verified at the Records/Registry of the National House of Chiefs.

The organic and original Divisions, their Divisional Heads and status, within the New Juaben Traditional Area, who are all members of the New Juaben Traditional Council are indicated below:

 

Division (Fekuo) Divisional
Head((Fekutire) Status

Omanhemaa Ne Asumina
Omanhemaa
Existing and occupied

Kontire Ne Akwamu (Asafo) -Kontihene Existing and occupied

Gyase Gyasehene
Existing and occupied

Adonten Adontenhene/Oyokohene
Existing and occupied

Nifa Nifahene/Effiduasehene
Existing and occupied

Benkum Benkumhene/Asokorehene

Existing and occupied

Nkosoↄ Nkosoↄhene Existing and occupied

Ayokoↄ Ayokoↄhene Existing and occupied

Kyidom Kyidomhene Existing but vacant

After 1992, the Omanhene and the New Juaben Traditional Council created new Divisions to include the following:

Division (Fekuo) Divisional Head (Fekutire)

Status
Manwere Manwerehene Existing but vacant

Ntotoye Ntotoyehene Existing and occupied

Jumapo Jumapohene Existing and occupied

Akyempem Akyempemhene Existing and occupied

In effect, as at the dates of gazette of the L. I. 2409 and this Petition, the New Juaben Traditional Area has twelve (12) Divisional Chiefs, if “Omanhemaa Ne Asuminam” Division is taken out (since Queenmothers are currently not members of the National and Regional Houses of Chiefs).
As many as eight (8) existing and legitimate Divisional Chiefs are conspicuously missing from the list of Divisional Chiefs in Regulation 7 (1) (h) of the L. I. 2409, out of which six shall be selected to represent the New Juaben Traditional Council at the Eastern Regional House of Chiefs on a four-year rotational basis. These eight (8) Divisional Chiefs are indicated below:

 

Division (Fekuo) Divisional Head (Fekutire) Status

Gyase Gyasehene
Existing and occupied

Kontire Ne Akwamu (Asafo)
Kontihene

Existing and occupied

Ntotoye Ntotoyehene
Existing and occupied

Akyempem Akyempehene Existing and occupied

Ayokoↄ Ayokoↄhene

Existing and occupied

Nkosoↄ Nkosoↄhene Existing and occupied

Kyidom Kyidomhene Existing but vacant

Manwere Manwerehene
Existing but vacant

Non-existing Stools: As per Regulation 7 (1) (h) of the L. I. 2409, it is crucial to note that the following four (4) non-existing and phantom stools, have deliberately been included as Divisional Chiefs:
Betomhene
Adwesohene
Srodaehene
Nsukwaohene

Sub-divisional Chiefs: The following four (4) Chiefs included in Regulation 7 (1) (h) of the L. I. 2409, are not Divisional Chiefs as at the date of gazette of the Legislative Instrument, and as per the records available at the New Juaben Traditional Council, which can be verified at the Records/Registry of the National House of Chiefs. These are Sub-divisional Chiefs under the Gyase Division:
Nyamekromhene
Suhyenhene
Adahene
Akwadumhene

In effect eight (8) existing and legitimate Divisional Chiefs have deliberately been eliminated/excluded and replaced by the inclusion of four (4) non-existing and phantom stools and four (4) Sub-divisional Chiefs.

Contraventions

Per the issues/anomalies raised in paragraph (c) above, illegality and delegitimization have been occasioned by Regulation 7 (1) (h) of the L. I. 2409 in terms of the membership of the New Juaben Traditional Council’s number of Divisions recognized by the National House of Chiefs and by extension, the Chieftaincy Act 2008, (Act 759).

Illegality that has been occasioned by Regulation 7 (1) (h) of the L. I. 2409, is the inclusion of the four (4) non-existing and phantom Divisions; Betomhene, Adwesohene, Srodaehene and Nsukwaohene, who are not members of the New Juaben Traditional Council, an obvious contravention of Regulation 1 (1) and (2) of the L. I. 2409 and Sections 12 (1) (2) and 14 (1) of the Chieftaincy Act, 2008 (Act759).

Another illegality, is the inclusion of four (4) Sub-divisional Chiefs viz, Nyamekromhene, Suhyenhene, Adahene, and Akwadumhene, in Regulation 7 (1) (h) of the L. I. 2409 as at the date of gazette, 1st July 2020, and thus elevating them to Divisional status, without due regard to customary law and usage in the process of making a Divisional Chief in the New Juaben Traditional Area. This clearly contravenes Regulation 1 (1) of the L. I. 2409 and inconsistent with Article 270 (2) (a) and (b) of the 1992 Constitution.

The delegitimization is the elimination/exclusion of the under listed eight (8) existing and legitimate Divisional Chiefs and members of the New Juaben Traditional Council, from the list of Divisional Chiefs emanating from the New Juaben Traditional Area as contained in Regulation 7 (1) (h) of the L. I. 2409:

Gyasehene
Kontihene
Kyidomhene
Manwerehene
Ntotoyehene
Akyempemhene
Ayokoↄhene
Nkosoↄhene

Pre-emption of conditions/situations subsequent
It is very strange that, the eight (8) existing and legitimate Divisional Chiefs, as listed in paragraph d (iv) above, are eliminated/excluded in Regulation 7 (1) (h) of the L. I. 2409. Apparently, if this is allowed to stand as it is now, a day of reckoning will come when a malevolent person will use the L. I. 2409 to contend in a court of competent jurisdiction, that the eliminated/excluded Divisional Chiefs have been expunged from the records of the National House of Chiefs, the Eastern Regional House of Chiefs and the New Juaben Traditional Council and thus leading to unnecessary Chieftaincy litigation. This, I believe must be pre-empted and avoided at all cost, now.

It is my fervid conviction that if these anomalies, illegalities, and delegitimizations are not brought before the august National House of Chiefs and its President, and left to stand as it is now, there is bound to be a looming danger, incubation, and the ultimate precipitation of Chieftaincy disputes in terms of jurisdiction, functions and authority within the New Juaben Traditional Area and its Traditional Council, which may hatch potential tension, insecurity and bad precedence for Chieftaincy jurisprudence.

If these anomalies are not rectified now, the dangerous potential is that, stools will clandestinely be created by the powers that be and their Chieftaincy Declaration Forms backdated, in an attempt to legitimize and fill the non-existing and phantom stools of Betomhene, Adwesohene, Srodaehene and Nsukwaohene, which have been included as Divisional Chiefs in Regulation 7 (1) (h) of the L. I. 2409.

Another scenario, is that if these anomalies are not rectified now, the dangerous potential is that, existing and legitimate Divisional stools eliminated/excluded in Regulation 7 (1) (h), will clandestinely be selected by the powers that be, to become Betomhene, Adwesohene, Srodaehene and Nsukwaohene and their Chieftaincy Declaration Forms backdated to give the false impression that these non-existing and phantom stools, existed and were members of the New Juaben Traditional Council prior to the promulgation of the L. I. 2409.

This will be tantamount to corruption of the law and again has the potential of causing future Chieftaincy disputes in view of the fact that the
eliminated/excluded existing and legitimate Divisional Chiefs have no appropriate family and lineage link with the non-existing and phantom stools of Betomhene, Adwesohene, Srodaehene and Nsukwaohene.

Again if these anomalies are not rectified now, the dangerous potential is that the powers that be, will create false backdated minutes of a phantom meeting of the New Juaben Traditional Council, for it to appear that a Traditional Council meeting was held to give approbation to the creation of or the selection of the eliminated/excluded existing and legitimate Divisional Chiefs to be in charge of the non-existing and phantom stools of Betomhene, Adwesohene, Srodaehene and Nsukwaohene.

I would like to humbly implore the President of the National House of Chiefs and the august House to be more vigilant and look out for such clandestine moves.

Requests/Pleadings
I would like to humbly plead with the President of the National House of Chiefs and the august House, as a matter of urgency, to set up an inquiry or cause an inquiry to be set up to decipher the reasons behind these anomalies, illegalities and delegitimizations and if possible prescribe sanctions or cause sanctions to be prescribed on this deliberate crucifixion of facts embedded in custom, tradition and law.

I would also like to humbly request the President of the National House of Chiefs and the august House, to cause an amendment to be made to Regulation 7 (1) (h) of the L. I. 2409, as a matter of urgency, to include and reflect the true position on the ground of the twelve (12) under-listed number of existing and legitimate Divisional Chiefs, as the date of gazette of the L. I. 2409 and as at the date of this Petition. It is worth emphasizing, that these twelve (12) existing and legitimate Divisional Chiefs, are bona fide members of the New Juaben Traditional Council.
Adontenhene/Oyokohene
Akyempemhene
Ayokoↄhene
Benkumhene/Asokorehene
Gyasehene
Jumapohene
Kontihene
Kyidomhene

Manwerehene
Nifahene/Effiduasehene
Nkosoↄhene
Ntotoyehene

Conclusion

Togbe President, I would like to seize this unique opportunity to express my profound gratitude to you and the entire august National House of Chiefs for the use of “four-year rotational basis in alphabetical order of stool name” as the modality for selection by the Presidents of the various Traditional Councils in the country. This significant insertion in the L. I. 2409, would ensure that there is no victimization nor sidelining of any Divisional Chief during the selection and rotation process.
I firmly believe that this Petition would be given the utmost consideration and attention so that peace and tranquility will continue to prevail in the New Juaben Traditional Area.
I look forward to receiving a response to my Petition at your earliest convenience. I may be contacted on mobile number: 0505660417 and/or via email: eamofaabi@yahoo.com.

I beg, Togbe President, to remain your obedient servant and please accept the assurances of my highest esteem.

BAFFOUR NYANTAKYI TUTU BOATENG
(KONTIHENE, NEW JUABEN TRADITIONAL AREA)

Cc: The Minister for Chieftaincy and Religious Affairs, Accra.
The President, Eastern Regional House of Chiefs, Koforidua.
The President, New Juaben Traditional Council, Koforidua.