TIG Post

Tag: Osabarima Agyare Tenadu II

  • Kade Magistrate Court rejects Police plea to compel Kadehene and others to sign peace bond

    Kade Magistrate Court rejects Police plea to compel Kadehene and others to sign peace bond

    An application by the Ghana Police Service seeking an order to compel the Chief of Kade, Osabarima Agyare Tenadu II, and four others to sign a bond pledging to keep peace in the town has been dismissed.

    The decision was taken at  the Kade Magistrate Court on Wednesday, January 31, 2024. 

    The police had approached the court, expressing concerns that Osabarima Agyare Tenadu II’s attendance at multiple funerals in the area between February 2 to 4, 2024, could potentially lead to chaos, breaching public order and peace.

    ASP Lois Konadu Bonti, representing the police, urged the judge to allow the application, citing the urgency of the matter. However, Captain Nkrabeah Effah Dartey (retired), counsel for Osabarima Agyare Tenadu II, argued against the application, asserting that the case pertained to a chieftaincy matter over which the court lacked jurisdiction.

    Dartey pointed out that recognizing his client’s legitimacy as the chief of Kade, the police had separated him from the other respondents in the suit, suggesting that the police could provide security if needed.

    In response, ASP Konadu Bonti informed the court that the police service lacked the personnel to provide the required security, justifying the need for the respondents to sign a bond.

    The lawyer for the remaining respondents, Asare Twe II, Abusapanin Otibu Asare, Krontihene Nana Banchie Darko Ampem, and Asafoatse Yaw Danso, noted the short notice given by the police for the application and requested an adjournment. Magistrate George David K. Ofori concurred with the short notice argument and further agreed with Dartey that the matter was a chieftaincy case beyond the jurisdiction of the magistrate court.

    Magistrate Ofori urged the police to seek the high court’s intervention, as the case is pending before a High Court, and dismissed the application. In response to the ruling, Dartey emphasized that Osabarima Agyare Tenadu II remains the legitimate chief of Kade, as ruled by a Kumasi High Court.

    “The law is that as of today, the Chief of Kade is called Osabarima Agyare Tenadu II. His name is in the register of chiefs, and the legal battle surrounding his status has been resolved to the extent that the matter is pending at the Supreme Court,” Dartey stated, highlighting the ongoing legal dispute surrounding the chieftaincy matter. 

  • Stay execution of National House of Chiefs’ judgement – Kadehene to Supreme Court

    The Chief of Kade, Osabarima Agyare Tenadu II, has filed a motion at the Supreme Court to Stay Execution of the National House of Chiefs’ recent judgement against him.

    The applicant in his motion on notice filed on October 5 is seeking the Apex Court to set aside the judgement of the National House of Chiefs delivered on September 29.

    He is also asking the court to restore the decision of the judicial committee of the Eastern Regional House of Chiefs.

    The Regional House of Chiefs had ordered for a retrial of the case at the Akim Abuakwa Traditional Council.

    But that decision of the retrial, in the case titled Ohemaa Ekua Fosua, II, and four others vs Osabarima Agyare Tenadu, II, was appealed (by the 5 applicants) and same upheld by the National House of Chiefs.

    Dissatisfied with the judgement, the Kadehene has filed a motion at the Supreme Court to Stay Execution of the decision.

    In his Affidavit in support of the motion said “the Akim Abuakwa Traditional Council Judicial Committee actually set up measures to begin a retrial of the case.”

    “Strangely, the Respondents went for extension of time before the Eastern Regional House of Chiefs to appeal to the National House of Chiefs which was granted,” the Kadehene contended.

    “To my total shock and surprise, the judicial committee of the National House of Chiefs has given Judgment saying that they have allowed the appeal.

    “I pray for leave to file an appeal to the Supreme Court because I feel terribly aggrieved by the Judgment.

    “That, I will be ready to state my full grounds for the appeal to the Supreme Court when I get a certified copy of the Judgment, yet to be given on 10th November 2022.

    The Kadehene noted that “for now all I can say is that I do not understand why in the face of gross irregularities which took place at the Judicial Committee of the Akim

    “Abuakwa Traditional Council which had the Eastern Regional House of Chiefs ordering them to retry the case can be upheld here and affirmed by the National House of Chiefs as if endorsing irregularities,” he noted in his statement of case.