A third paramount chief has waded into the ongoing legal battle jointly launched at a Bolgatanga high court last month by the Paramount Chief of Talensi, Tongraan Kugbilsong Nanlebegtang, and the Paramount Chief of Sandema, Nab Azagsuk Azantilow II, against the Paramount Chief of Chiana, Pe Ditundini Adiali Ayagitam III.
The latest development deepens the conflict that is tearing the Upper East Regional House of Chiefs (UERHOC) apart in relation to an internal election it held on September 16, 2024, in the region’s capital, Bolgatanga.
The Paramount Chief of Chiana was elected the president of the house with 19 votes secured against his sole contender, the Paramount Chief of Bongo, Naba Baba Salifu Atamale Lemyaarum, who obtained 10 votes at the election.
The Paramount Chief of Sakoti, Naba Sigri Bewong, filed the latest court case against the president-elect on Wednesday, 16 October 2024.
The litigating chief joined the Upper East Regional House of Chiefs and the National House of Chiefs to the suit as 2nd and 3rd defendants respectively.
He wants the court to declare the election “null and void”, claiming it was held in breach of “the long-held rotational system used by the house over the years”.
The plaintiff (the Sakoti paramount chief) also wants an interlocutory injunction restraining the regional house from organising a swearing-in ceremony for the president-elect (the 1st defendant) and restraining the national house from recognising him as the president of the regional house.
The congratulation message that came before litigation
The Sakoti paramount chief further asks the court to permanently restrain the Chiana paramount chief and the regional house of chiefs from using their offices to change the rotational system through which a president, according to him, is elected for the house.
His reasons for the lawsuit are the same as those stated by the Tongraan and Sandem-Nab in their joint statement of claim.
Just like the Tongraan congratulated the Paramount Chief of Chiana on his victory before filing the court case against him, the Sakoti paramount chief had cheered the Chiana paramount chief on a paramount chiefs’ WhatsApp platform for his victory before taking him to court.
“Congratulations, congratulations, congratulations. Yesterday, we demonstrated to Ghana that with divent [sic] views, we can exist as a House. There was peace and with keen interest candidates impressed us with what they can do for the House if they are elected,” he wrote on that platform.
He even went on to ask every member of the house to support the newly elected leaders for the development of the region.
“For well over 5 hrs, the atmosphere was siren [sic] and EC officials were on their feet supervising the process. To winners and losers, I congratulate you all. Let us all rally behind our elected leaders to lift UPPER EAST REGIONAL HOUSE TO A HIGHER HORIZON! May our Almighty God bless us all,” he concluded.
Two separate statements of claim but same contents
Just like the statement of claim filed by the Tongraan and the Sandem-Nab, the Sakoti Naba’s statement of claim provides a list of the presidents the house has had since the creation of the region in 1983.
The list begins with the Paramount Chief of Navrongo at the time, Pe (Dr.) A.B. Addah, as the president of the new house. He reigned in that position from 1983 to 1986.
He was succeeded by the Paramount Chief of Chiana at the time, Pe Roland Adiali Ayagitam, who, according to the statement of claim, reigned from 1989 to 1990. The statement is silent on who had occupied the office between 1986 and 1989.
The Paramount Chief of Bolgatanga, Naba Martin Adongo Abilba III, took over the affairs of the house in 1991 and ended his tenure in 1994.
Next to occupy that office in 1995 was the Paramount Chief of Paga, Pe Charles Awiah Awampaga II. He ended his tenure in 1998 and continued as president for another term until 2001.
He was succeeded by the Paramount Chief of Bawku, Naba Asigri Abugrago Azoka II, who presided over the house between 2001 and 2004.
The Sakote-Nab stated that things changed on September 7, 2004 when the standing committee of the house unanimously resolved that all the members of the house be put into three groups and the president of the house thenceforth selected through a rotational system from among the three groups in turn.
The “long-held rotational system”
The Sakote paramount chief talks about how the rotational system has progressed from its inception to date.
He explained it just as the Talensi and the Sandema paramount chiefs did in their own statement of claim.
The first group, according to him, comprises paramount chiefs found in the eastern and Frafra areas of the region. These areas are Bawku, Nangodi, Sakoti, Tongo, Bongo and Bolgatanga.
The second group consists of the paramount chiefs in the central part of the region. They include Kologo, Naaga, Navrongo, Sirigu and Mirigu.
The third group, involving paramount chiefs in the western zone of the region, covers Paga, Sandema, Chiana, Kayoro, Katiu and Nakong.
The new practice demanded that whenever it was time for a group to take its turn, it would vote and select one of its members as the president of the house, and the president automatically would be the representative of the house at the National House of Chiefs.
He said the new convention started with Group Two choosing the Paramount Chief of Kologo, Naba Simon Ayindana Asobayire, as the president of the house from 2004 to 2008, and he (the Paramount Chief of Sakoti) from Group One, served as vice president.
Subsequently, Group Three chose the Paramount Chief of Paga, Pe Charles Awiah Awampaga II, as president. He served from 2009 to 2012 with the Paramount Chief of Naaga, Naba Olando Ayamga Awini III from Group Two, as vice president.
From 2012 to 2016, he (the Paramount Chief of Sakote), chosen from Group One, presided over the house. The Paramount Chief of Chiana, Pe Ditundini Adiali Ayagitam III from Group Three, served as vice president during that period.
The Paramount Chief of Naaga, Naba Olando Ayamga Awini III, took over in 2016, occupying the office until 2020, with the Paramount Chief of Bongo, Naba Baba Salifu Atamale Lemyaarum from Group One, as vice president.
He said as the rotational system continued, the Paramount Chief of Chiana, from Group Three, became president in 2020, and served until 2024 with the Paramount Chief of Mirigu, Naba Abisa Anonsona Anthony III from Group Two, as vice president.
Plaintiff claims September 16 election was a unilateral decision
His statement of claim highlights the alleged refusal by the Paramount Chief of Chiana, a member of Group Three, to step down for Group One to choose the next president of the house after his tenure ended this year.
He said Chiana paramount chief caused the house to hold a meeting on July 5, 2024, where he reportedly sought to replace the rotational system with a general election process and asked for the opinions of the other members of the house on it.
The plaintiff stated that a report compiled by the standing committee of the house that the house did not reach any consensus or conclusion on the matter.
The house reportedly agreed to hold further discussions on the matter. But the paramount chief, according to the plaintiff, individually declared the position of the president vacant and opened nominations for any interested members to obtain forms for election.
He said the first defendant went further by instructing the registrar of the house to schedule August 19 to August 24, 2024, for acquisition of forms, August 29, 2024, for filing of forms and September 6, 2024, for vetting of aspirants.
He added that the registrar subsequently caused officials of the Electoral Commission (EC) to conduct an election that saw the paramount chief declared president-elect of the house.
The Sakoti paramount chief claimed that allowing the election to stay would “endanger the peace and unity of the house in particular and the Upper East region as a whole since the subjects of Group One are planning to resist any attempt to deny their chief his right to be the president of the house.”
A notice of interlocutory injunction is said to have been served on the defendants against the swearing-in ceremony of the president-elect. The high court is set to hear the motion for the sought injunction on Monday, 4 November 2024.
Meanwhile the lawyer representing the two paramount chiefs in the first case, Mohammed Tiamiyu, has withdrawn from the lawsuit. He suddenly announced his withdrawal in the courtroom on the first day of the case, citing no reasons. That case was adjourned to Wednesday, 23 October 2024.
A pressure group, the Northern Forum for Peace and Development (NOFPED), has said the election was legitimate because the rotational system was reviewed and abolished in 2022.
Five paramount chiefs— from Chiana, Mirigu, Naaga, Nangodi and Navrongo— issued a joint statement last week, echoing NOFPED’s account.
They said the election was legitimate and fair, and urged the plaintiffs to “respect the will of the house and the democratic principles that guided this election.”
Source: Edward Adeti/Media Without Borders/mwbonline.org/Ghana
