3 Kumawu chiefs to `vomit` Gh¢55,000

THREE MEMBERS of the Kumawu Traditional Council (KTC) have been dragged to a Kumasi High Court for the withdrawal of GH¢55,000 from the Council's bank accounts without express approval of the House.

In the dock of accountability were Nana Ofori Amponsah, Sanaahene; Nana Osei Ababio, Samanhene and the treasurer of KTC. They were asked to “vomit” the said amount and render proper accounts to the house.

The first defendant, by customary law and usage is the treasurer of the Kumawu paramount stool while the second defendant is a member of the Council with the third defendant being a civil or public servant expected to perform his duty in strict compliance with the Financial Instructions (F. I.) of the Chieftaincy Act 370 of 1971 for the control and management of the financial affairs of the named Traditional Council.
Nana Okyere Bediako III, Bodweasehene and member of the KTC instituted the lawsuit in his capacity as the chairman of the Finance Committee of the Council. He has explained his action as a way of protecting the Council's funds and to ensure that funds belonging to the KTC are applied solely for the Council's business in compliance with the relevant financial instructions on the disbursement of funds of KTC.

The plaintiff, Nana Bediako III, is seeking a declaration of the court that the withdrawal of the GH¢55,000 from the Kumawuman Rural Bank account at Kumawu is contrary to the laid down procedure for withdrawals.

By his action, the plaintiff is further demanding a declaration of the court to declare that the withdrawal of the said amount being royalties is contrary to F.I. 251 issued under S.60 of the Chieftaincy Act regarding the use of monies belonging to Traditional Councils.

The plaintiff also sought an order of the court to prevail upon the defendants to return the money to the KTC or alternatively render credible and acceptable accounts of the disbursement of the money to the KTC.

A 15-point statement of claim issued at the Twere Nyame Chambers by Lawyer Isaac K. Antwi, solicitor of the plaintiff and filed at the High Court on January 7, 2008 noted that the three defendants were liable for the withdrawal of the amount by virtue of the fact that they are signatories to the bank account of the Council.

The Plaintiff claims that in compliance with F. I. 182, the KTC has decided by a resolution, that payment vouchers in respect of all expenditure shall be authorized by the Finance Committee of the Council which he presides over.

According to Nana Bediako III, an amount of GH¢80,000 was paid into the account of the KTC by the Administrator of Stool Lands as royalties last year. He said since the Council was indebted to the Kumawu rural Bank to the tune of GH¢25,000, the bank deducted the amount (GH¢25,000) due it from the GH¢80,000 leaving a balance of GH¢55,000 to the credit of the Traditional Council.

The plaintiff stated that contrary to the F. I. regulating the use of the Council's funds, the defendants have allegedly withdrawn and spent the GH¢55,000 on purposes which have no bearing on the Business of the KTC.

The chairman of the Finance Committee stated emphatically that at no time has the KTC at any of its properly constituted meeting discussed the disbursement of the GH¢55,000 standing to the Council's credit with the bank neither has he, as chairman been aware or made aware of any decision regarding the disbursement of the money.

He therefore requested the court to order the refund of the money unless the defendants can show that the said amount was spent for the strict or permitted business of the KTC.

The defendants are yet to enter appearance and file a defence to the reliefs sought by the plaintiff.