The civil lawsuit filed at a high court in Bolgatanga by the Paramount Chief of Sakoti, Naba Sigri Bewong, against the Paramount Chief of Chiana, Pe Ditundini Adiali Ayagitam III, and two other defendants has been thrown out because the writ of summons has no signature.
The plaintiff’s woe worsened when the court also awarded a cost of Gh¢2,500 ($157) against him after striking out the writ on Monday, 18 November 2024.
“After considering the writ and the submission by counsel for the parties, the writ is incompetent as same was not endorsed by the plaintiff or the lawyer. It is accordingly set aside. Cost of Gh¢2,500 is awarded against the plaintiff,” the court, presided over by Justice Charles Gyamfi Danquah, said.
The case, which was filed on Wednesday, 16 October 2024, lasted only about one month in court.
The Sakoti Naba is the third traditional leader to have brought a case before the court against the Chiana chief, who doubles as the president of the Upper East Regional House of Chiefs (UERHOC), in relation to an internal election the house held on September 16, 2024.
He added the Upper East Regional House of Chiefs and the National House of Chiefs to the suit as 2nd and 3rd defendants respectively.
The Paramount Chief of Talensi, Tongraan Kugbilsong Nanlebegtang, and the Paramount Chief of Sandema, Nab Azagsuk Azantilow II, had filed a similar case at the same court on the same matter against the same Chiana chief and the registrar of the house. None of the three paramount chiefs who took the matter to court participated in the election as contenders; they only voted.
The case initiated by the Tongraan and the Sandem-Nab initially had encountered a setback when their lawyer, Mohammed Tiamiyu, suddenly withdrew from the case right in the courtroom on Thursday, 17 October 2024.
The case, then, suffered a blow on Wednesday, 23 October 2024, when the court awarded a cost of Gh¢2,000 against them for an irregularity. The two chiefs were fined after the defendants’ lawyer, Kenneth Adabayire, told the court that the registrar should not have been included in the suit as a party per the statutory law and asked that the 2nd defendant (the registrar) be struck out from the suit.
The court said it agreed to the position of the defendants’ lawyer and accordingly struck out the registrar from the suit.
Dispute grounds
The Paramount Chief of Chiana was elected the president of the house with 19 votes against the 10 votes obtained by his sole contender, the Paramount Chief of Bongo, Naba Baba Salifu Atamale Lemyaarum.
There was no sign that the election would end up being a subject of litigation because two of the plaintiffs had led others in offering their congratulations to the 1st defendant on his electoral victory. The Tongraan and the Sakoti Naba congratulated him on a WhatsApp platform shared by traditional chiefs before they, together with the Sandem-Nab, dragged the president-elect to court on the election.
The Paramount Chief of Talensi wrote: “Congratulations to all who won the vote today and to those who lost should take heart for better luck next time. May God and our ancestors be with you all. Thank you all, TONGRAAN.”
After congratulating the winners, the Sakoti Naba went one step further by asking every member of the house to support the newly elected leaders for the development of the region.
“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 composed.
Then, he added: “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.”
The three litigating paramount chiefs want 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”.
They are seeking an interlocutory injunction retraining the regional house from organising a swearing-in ceremony for the president-elect and restraining the national house from recognising him as the president of the regional house.
And they are asking for a court order permanently restraining the president-elect 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.
List of chiefs who have presided over the house as provided by plaintiffs
The statements of claim filed by the trio provide 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 three paramount chiefs 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 rotational system in dispute
The plaintiffs also talked about how the rotational system has progressed since its inception to date.
The first group, according to them, 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.
The plaintiffs 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 Sakoti), 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.
The plaintiffs 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.
Plaintiffs claim September 16 election was a unilateral decision
The three paramount chiefs claimed the Paramount Chief of Chiana, a member of Group Three, refused to step down for Group One to choose the next president of the house after his tenure ended this year.
They said the 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 plaintiffs 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 plaintiffs, individually declared the position of the president vacant and opened nominations for any interested members to obtain forms for election.
According to them, the Chiana Pio 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.
They added that the registrar subsequently caused officials of the Electoral Commission (EC) to conduct an election that saw the Chiana Pio declared president-elect of the house.
The plaintiffs jointly 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.”
Reacting to the dispute in the house, a pressure group, the Northern Forum for Peace and Development (NOFPED), said the election was legitimate because the rotational system was reviewed and abolished in 2022.
Subsequently, five paramount chiefs— from Chiana, Mirigu, Naaga, Nangodi and Navrongo— issued a joint statement, echoing the account of the pressure group.
The five paramount chiefs 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
