Nana Ngoah Anyimah Kodom ll, has insisted that he remains the legitimateChief of Bibiani in the Western North Region.
Nana, who has faced decades-long challenge as to his legitimacy, has stated that all the facts and recent historyattest to the fact that he is the legitimate Chief of Bibiani.
Nana Ngoah said this at a press conference this week.
He said that indeed aspects of the matter has travelled as high as the Supreme Court of Ghana,
and at all points, he has come out as
victorious.
(Below is the full statement delivered by Nana Ngoah Anyimah Kodom
Il, the press conference held at his palace in Bibiani).
I want to set the records straight and put all the facts out for the people of Bibiani to judge for themselves whether I am the Chief of Bibiani or a former chief of Bibiani as claimed by my detractors.
1. On the 28th July, 1997, some of my sub-chiefs and the purported Queen mother of Bibiani/Kyekyewere Nana Abena Birago II filed destoolment charges against me at the Judicial Committee of the Sefwi Anhwiaso Traditional Council to remove me as the chief of Bibiani/Kyekyewere and Krontihene of the Sefwi Anhwiaso Traditional Area.
2. On the 9th September, 1999 the Judicial Committee of the Sefwi Ahwiaso Traditional Council (SATC) upheld the destoolment charges against me. However, on 16th September, 1999 | filed an appeal against this decision destooling me to the Judicial Committee of the Western Regional House of Chiefs (WRHC).
3. Now by the provisions of Section 27 of the Chieftaincy Act, 1971 (Act 370) then in force, my appeal stayed the judgment of the Judicial Committee of SATC and therefore I remained the chief of Kyekyewere/Bibiani and Krontihene of the Sefwi Anhwiaso Traditional Area.
4. On the 3rd August 2004, the Judicial Committee of the Western Regional House of Chief (WRHC) delivered its judgment by upholding my appeal and setting aside the decision of the Judicial Committee of SATC. The effect then is that I am still the chief of Kyekyewere/Bibiani and Krontihene of the Sefwi Ahwiaso Traditional Area.
5. Ladies and Gentlemen, the problem in Bibiani is that one Charles Kwabena Frimpong claims to have been enstooled as Bibianihene with the stool name Nana Anarfi Ababio II in October 1999 at the time my appeal was already pending and same had stayed the judgment of the SATC destooling me.
6. So I brought contempt of court charges against this Charles Kwabena Frimpong and the Omanhene of Sefwi Anwhiaso Traditional Area Ogyeahoho Yaw Gyebi at the High Court, Sefwi Wiawso.
7. Whilst the contempt charges were pending at the High Court, Charles Kwabena Frimpong and the Omanhene appealed all the way to the Supreme Court contending that Charles Kwabena Frimpong was the chief of Bibiani and so my contempt charges were in fact a cause or matter affecting chieftaincy and so the High Court had no jurisdiction.
8. The Supreme Court of Ghana in its Judgment in Civil Appeal No. J4/54/2016 dated 18th October,
2017 in:
REPUBLIC
VRS
1. OGYEAHOHO YAW GYEBI
2. CHARLES KWABENA FRIMPONG
EX PARTE: NANA NGOA ANYIMA KODOM II; made it clear that since my appeal was filed on 16 September, 1999 and Charles Kwabena Frimpong claims to have been enstooled in October 1999, he could not have acquired the status of a chief because my appeal stayed the judgment of the SATC. The Supreme Court therefore concluded that the contempt charges cannot be a cause or matter affecting chieftaincy and so Charles Kwabena Frimpong and the Omanhene should go back to the High Court to answer the contempt charges and dismissed their appeal.
9. Now, the judgment of the Judicial Committee of the WRHC in setting aside the judgment of the SATC destooling me stated, “in other words Plaintiffs/Respondents to commence fresh action for destoolment provided they conform to the normal legal and customary requirements with an entirely new panel and to move to a neutral town preferably Bibiani for hearing”.
10. Ladies and Gentlemen, it will interest you to know that the Petitioners against me including Nana Abena Birago II have since 2004 not brought any fresh destoolment charges against me as advised by the WRHC if they were still minded to have me destooled.
11. Because I am still the substantive chief of Bibiani my name is still in the Chieftaincy Bulletin as the gazetted chief of Bibiani. Since I have not been destooled my name cannot be removed from the register of chiefs. I became chief of Bibiani on 23 March 1992 and gazetted on 29 October, 1992.
12. Charles Kwabena Frimpong who claims to be the chief of Bibiani does not have his name in the register of chiefs as the chief of Bibiani. He is only a rubble rouser determined to create chaos and confusion in Bibiani.
13. Ladies and Gentlemen of the Press, with this sequence of events as enumerated above, the District Court of Bibiani and the High Court, Sekondi have every right to come to the conclusion that I am the occupant of the Bibiani stool and therefore the custodian of Bibiani Stool lands.
14. The laws of Ghana are very clear that an overlord does not own the stool land of his subordinate chief. Therefore, the Omanhene cannot own Bibiani Stool land. All the other stools in the traditional area own their respective lands.
15. But it is important to point out that the town Anhwiaso has no stool lands. What happened was that on 2nd October 1913 the various stools in this enclave now constituting Sefwi Anhwiaso Traditional Area decided to have an overlord, a primus inter pares. Monies were therefore contributed to one Nana Atta Kwame of Pataboso to build a palace at the junction of the major towns now called Anhwiaso (From Biabiani- Anhwiaso 12 miles; Awaso to Anhwiaso 7 miles;Pataboso to Anhwiaso 3 miles) but he squandered same without building the palace.
16. Then in 1920 the Fahiakobo chief Nana Kofi Agyei decided to take over the project and he built the palace and completed same in 1928 and was unanimously acclaimed the paramount chief.
17. What it means is that Anhwiaso as the paramount seat of the traditional area had no stool lands. As a result, it was agreed by all the stools constituting the traditional area that 20% of stool income will go to the paramount stool to maintain it.
18. It is therefore completely out of order and uncustomary for anyone to claim that the Omanhene is the owner of Bibiani Stool lands.
19. As | indicated from the beginning, my purpose for this press conference is to let the people of Bibiani know that if anyone is creating chaos and confusion in Bibiani in respect of Bibiani Stool land, it is certainly not me. I am the rightful person to deal with Bibiani Stool lands.
20. I will therefore use this opportunity to warn prospective land acquirers in Bibiani that I am the only person who can give them valid title to any land they wish to acquire in Bibiani. If they deal with any other person in respect of Bibiani land, they risk losing both the land and their money.
By: Daniel Akwasi Nuako, Bibiani
