Injunction rocks enstoolment of New Juaben Omanhene

According to a Daily Guide report sighted by GhanaWeb, the petitioners want the court to restrain the Omanhene of Juaben herein either by themselves, agents, assignees, hirelings, cohorts, whomsoever or otherwise from taking any further steps in the election, selection, installation and enstoolment of John Gyamfi as the Omanhene of New Juaben and performing as the Omanhene pending the final determination of the petition before the Committee.

Odehyie John Kwadwo Yeboah Gyamfi, a businessman on Monday, June 6, 2022, was presented to the people of New Juaben by the kingmakers of the land as the Omanhene-elect to succeed the late Daasebre Dr Emeritus Oti Boateng.

According to the kingmakers, the 51-year-old following his nomination is scheduled to go into confinement in accordance with traditional practice after which he will be officially outdoored.

But according to the petitioners, they have course to protest the process by which the Omanhene of Juaben has nominated John Gyamfi for consideration and subsequent election, selection and enstoolment as the Omanhene of the New Juaben Traditional Area.

The petitioners claim that the Omanhene of Juaben and his assignees failed to recognize the Duwaa Lineage or gate as being members of the Yiadom-Hwedie Royal Famly of Old and New Juaben, and also failed to recognize their right of eligibility for consideration and election to the paramount stools of Old and New Juaben.

They make a case that the process to enstool John Gyamfi as the Omanhene of New Juaben Traditional Area, has the potential to breach the peace in the area and bring about chaos.

“There are two Royal Gates consisting of Nana Ama Duwaa’s Gate which presently includes descendants of Nana Yaa Akyaa (Koforidua and Juaben), Nana Pankyie(Koforidua), Afia Sapon (Juaben), Nana Abena Ode (Juaben) and Afia Nnum (Juaben); and Nana Akua Sapomaa’s Gate which is presently the descendants of Nana Akua Boatemaa (Koforidua and Juaben) and the Respondents herein.

“Therefore, Nana Duwaa’s Gate is where the petitioners herein trace their ancestral lineage whereas the 1st, 2nd and 3rd Respondents trace their ancestral lineage from Nana Akua Sapomaa’s Gate.

“However, upon the demise of Daasebre Oti Boateng, Paramount Chief of the New-Juaben Traditional Area and Nana Yaa Daani II, the Queen Mother of the New-Juaben Traditional Area, the Doteyie was dutifully performed in accordance with the custom practice and usage of the people of Akan origin, from the 13th to the 16th May, 2022. It is the case that a week after the Doteyie was performed, the 1st and 2nd Respondents summoned a meeting for only the Hwedie Gate and nominated the 3rd Respondent as their preferred candidate to be presented to the Gyasehene and the Kingmakers for confirmation or otherwise to take the OATH to occupy the vacant seat,” the petitioners stated.

They further outlined that the Omanhene of Juaben by failing to recognize their right to contest in the election of the New Juaben Omanhene position, rendered the election of John Gyamfi “faulty or flawed” and in essence “invalid and void.”

They further raised questions about the capacity of the Omanhene and Juabenhemaa to solely nominate a candidate for the position of Omanhene arguing that such is the preserve of the Ebusuapanin and Obaapanin.

“It is the case that following the demise of Daasebre Oti Boateng, Paramount Chief of the New Juaben Traditional Area and Nana Yaa Daani II, the Queen Mother of the New Juaben Traditional Area the axe fell on the Ebusuapanin and the Obaapanin of the Yiadom and Hwedie Royal Families to nominate a candidate for presentation to the Gyaasehene who will, in turn, present the nominee to the Kingmakers for approval or otherwise.

“It is the contention that a common Ebusuapanin and Obaapanin for both Nana Yaa Duwaa’s Gate and Nana Akua Sapomaa’s Gate was instituted by Omanhene Nana Yaw Sarpong I, and had been religiously observed by both Gates of Juaben and New Juaben until the death of Ebusuapanin Nana Kwame Antohene when Juaben Omanhene Otuo Siriboe II appointed his elder brother Nana Kwame Akrasi Boaitey as Ebusuapanin for both Yiadom and Hwedie royal families of Juaben thus depriving the Duwaa lineage their right and privileges as Royals of Juaben, which was against traditional norms.”

They have therefore prayed the Committee to grant their request for an interlocutory injunction, noting that it will be just and convenient under the circumstance.

“Amongst these circumstances are the following; where a serious question of law exists for trial between the parties, where the grant of an injunction will be just and convenient in the circumstances of the particular case, where damages will not adequately compensate a party in the event of the injunction not being granted, and where the actions of one party may tend to interfere with the administration of justice’

“Mr. Chairman, Honourable Members of the Committee, the first ground for the instant application is that, if unrestrained, the 1st and 2nd, Respondents could cause irreparable damage to the dignity and integrity of the Yiadom-Hwedie Royal Families of Juaben and New- Juaben. It is our humble submission that the Committee may grant an interim injunction, in any case, where it is just and convenient so to do and where the injury suffered cannot be compensated in damages.

“Mr, Chairman, we respectfully submit that the award of damages will not suffice to restore the dignity and integrity of the customs and traditions of the Yiadom-Hwedie Roya Families once eroded.”