Tarkwa High Court declares Katakyie Ntsiful Essel installation illegal

The Tarkwa High Court, has ruled that the installation of Katakyie Ntsiful Essel V, as paramount Chief of Wassa Fiase, is fraudulent.

The court, presided over by Justice Mercy Kotei, has therefore, set aside the process of installation.

The court granted reliefs contained in a writ of summons and set aside order of Mandamus granted by the Sekondi High Court and Kumasi High Court.

The Tarkwa High Court also ordered the deletion of particulars on Katakyie Ntsiful Essel as the paramount chief of Wassa Fiase Traditional Area from the NHC.

The ruling followed a suit filed by Nana Kwadu Kyerefo III (plaintiff), at the Tarkwa High Court against the Wassa Fiase Traditional Council, Western Regional House of Chiefs (WRHC), NHC and Emmanuel Assouan Nyami (defendants).

Nana Kyerefo sought an order that the court set aside the ruling and order of Mandamus at the Sekondi High Court on grounds of fraud.

Again, he asked the court to set aside the ruling and order of Kumasi High Court.

Ruling on Nana Kyerefo pleadings, the court noted that Odeneho Akrofa Krokoko II was paramount chief from June 1994 until his demise in August 2021.

The plaintiff asserted that Nyami intentionally provided false information on the Chieftaincy Declaration (CD) forms presented to the Wassa Fiase Traditional Council, regarding the town where he was allegedly enstooled.

The plaintiff also claimed that the fourth defendant, falsely attached to the CD forms destoolment charges against Osagyefo Enimil, and false allegations that he is in possession of the stool’s property.

Again, plaintiff claimed that “further, the first and fourth defendant knew that the October 20, 2016 judgement of the WRHC attached to the CD forms for Katakyie was not a destoolment judgement, but, they falsely represented to the Western Regional House of Chiefs and the National House of Chiefs that the decision was a destoolment judgement.”

By these stated deliberately false representation, the court said, Nyami obtained the orders of a Mandamus from Kumasi and Sekondi High Courts.

The High Court noted that the defendants claimed that Kyerefo took part in the installation of Katakyie Essel, but, it was only when they did not recognise him as the automatic Acting President of Wassa Fiase Traditional Council that he turned against Nyami and installed Odeneho Akrofa Krukoko III.

Justice Kotei said the issues of false representation could not be overlooked since “the rippling effect of the fraudulent representations affect not only the plaintiff, but also all subjects of Wassa Fiase.”

The court, therefore, awarded the plaintiff GH₵20,000 each against the Wassa Fiase Traditional Council and Nyami.

FROM CLEMENT ADZEI BOYE, TARKWA