I remain legitimate chief of Kade — Osabarima Tanadu II
Osabarima Agyare Tanadu II has insisted that he remains the legitimate Chief of Kade in the Eastern Region.
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He said a decision by the Kumasi High Court quashing the entry of the name of Osabarima AsareTwe II as the Chief of Kade confirmed his status as the legitimate and legally recognised chief of the town.
He, therefore, called on all stakeholders, including the Inspector General of Police (IGP), to ensure peace and security in Kade and not allow the town to descend into chaos.
Addressing a press conference in Kade, the capital of the Kwaebibirem Municipality, he said: “I want to solemnly promise that I will discharge my functions as chief without firing any bullet at anybody.
I pledge my allegiance to my overlord, the Okyehene, and loyalty to the Constitution of Ghana.”
Osabarima Tanadu II said it was unfortunate that there had been litigation on who was the legitimate chief of Kade and called for calm while the issues were resolved, stressing that he did not want Kade to be on the list of communities embroiled in a chieftaincy brawl.
Court ruling
On October 23, last year, the Kumasi High Court quashed the decision by the National House of Chiefs to enter the name of Osabarima Asaretwe II as the Chief of Kade in the Register of Chiefs.
In a ruling, the court presided over by Justice Priscilla Dirko Ofori held that the National House of Chiefs breached the rules of natural justice by failing to give Osabarima Tanadu a hearing before entering the name of Osabarima Asaretwe into the Register of Chiefs.
The court held that at the time the National House of Chiefs entered the name of Osabarima Asaretwe as the Chief of Kade, Osabarima Tanadu had a pending application for stay of execution against the House’s decision affirming his destoolmemt by the Akyem Abuakwa Traditional Council.
Again, the court held that Osabarima Tanadu had a pending motion seeking leave from the National House of Chiefs to appeal to the Supreme Court the decision destooling him.
The court said per the evidence on record, the National House of Chiefs was yet to fix a date to hear the two pending applications by Osabarima Tanadu when it went ahead to Register another person and enter his name as the chief of Kade.
The court held that as an administrative body, the National House of Chiefs acted wrongly and failed to act fairly and reasonably in the discharge of its duties as stipulated by Article 23 of the 1992 Constitution.
“I found the decision of the first respondent to enter the name and particulars of the second respondent and the entering of the second respondent's name and particulars into the National Register of Chiefs, even though two motions are pending before it for determination against its judgment, forming the basis of the entering of the name, illegal, procedurally improper, unfair, unreasonable and same as also a breach of the rule of natural justice,” the court held.
Injunction
Apart from quashing the decision of the National House of Chiefs to enter the name of Osabarima Asaretwe into the Register of Chiefs as the Chief of Kade, the court also put an injunction on the House or its assigns from entering his name as the recognised Chief of Kade until the determination of the motion for stay of execution and motion for leave, the appeal to the Supreme Court.
Additionally, the court slapped the National House of Chiefs and the other respondents with a cost of GH¢20,000.
The National House of Chiefs is yet to comment on the ruling.