Omannhene of the New Juaben Traditional Area in the Eastern region, Daasebre Prof (Emeritus) Oti Boateng has petitioned the Chief Justice to transfer the contempt case involving him and Mponuahene of the traditional area, Okogyeman Ankomah Basapon from the Koforidua High Court presided over by Justice Henry Kwofie because he believes he would not have a fair trial at that court.
Daasebre Oti Boateng is standing trial after refusing to comply with the court’s order to forward completed chieftaincy declaration forms to the Eastern Regional House of Chiefs for onward transmission to the National House of Chiefs so that the Mponuahene could be gazzeted as chief of Suhyen after the Supreme Court had ruled that he was the rightful occupant of the Suhyen stool.
The contempt case instituted against him has been running since January, this year and for four times that the case has been called, Daasebre Oti Boateng has not made a single appearance but rather represented by his counsel and one of his sub-chiefs.
At the last adjourned date on May 7, this year, Daasebre Oti Boateng’s continuous refusal to appear before the court for the case to commence infuriated the presiding judge who said his patience had run out after showing so much respect to him as the Omanhene of the traditional area and that the only option left was to issue a bench warrant for his arrest if he refuses to appear on the next adjourned date.
When the case was called on Tuesday, the presiding judge cited the petition by Daasebre Oti Boateng, saying he would have to adjourn the case sine dine until a response is heard from the Chief Justice.
When the judge enquired about the whereabouts of Daasebre Oti Boateng, his counsel, Sarfo Buabeng told the court that Daasebre could not attend court because he was scheduled to appear before the Appeal Court at the same time since his challenge of the court’s ruling on the mandamus was being heard yesterday.
The judge also enquired from Daasebre’s counsel whether he was aware that his client had petitioned the Chief Justice over his trial at the court to which the counsel said he was only told about it a day before yesterday when he met his client.
“It is very surprising that your client petitions the Chief Justice about three weeks ago and you only get to know about it just a day before yesterday,” the judge said.
The judge said he would not make any further comment on the issue.
In Daasebre’s petition, copy of which is available to the DAILY GUIDE, he pleaded with the Chief Justice to transfer the case because of the high-profile nature of the case and the fact that it had generated so much tension in Koforidua, the traditional capital of New Juaben and the seat of the Omanhene, and so it was most likely that mayhem could ensue with its serious repercussions on the peace in the area if the case is allowed to be tried in Koforidua.
Daasebre Oti Boateng said he decided to petition the Chief Justice not only to ensure a fair trial but also to avoid any mayhem and breach of public order which a trial in Koforidua may engender.
He took exception to what he described as an embarrassment the judge has been causing him since he suspected that “arrangements” had been made with the judge to embarrass him publicly.
Daasebre Oti Boateng argued that he had already filed a motion to stay the enforcement of the ruling of the court for which he is being alleged to have disobeyed, culminating in the contempt action by Okogyeman Ankomah Basapon.
However in a response to Daasebre Oti Boateng’s petition filed by Beyuo & Co Chambers on the behalf of Okogyeman Basapon, counsel Naa Nortey asked the Chief Justice to ignore Daasebre’s petition because his reasons for the transfer of the case are untenable.
“Your Ladyship this baseless allegation is intended not only to malign the judge and our client but also has the tendency to undermine the administration of justice,” Naa Odofoley Nortey said.
According to Okogyeman Basapon’s counsel, it is not true that the respondent filed an application to stay the enforcement of the order of mandamus.
“That claim is false. Our client vehemently denies any knowledge of any arrangements to embarrass the respondent,” she said, stressing that it was also not true that the case has generated tension in Koforidua since it has been pending since 2011 and there has been no disturbance arising out of the suit.
“The request by the respondent that the application for contempt should not be determined in Koforidua is without foundation and should not be countenanced,” Okogyeman Basapon’s counsel noted, stressing that if the respondent’s request based on the unsubstantiated allegation is granted, it will be inimical to the due administration of justice.