Lawyer In Open Confrontation With Chiefs …Over Delayed Determination Of Yabi Stool Affairs

From Sebastian R. Freiku, Kumasi
LAWYER KWAME Arhin of Acheampong and Associates Law firm in Kumasi last Friday engaged Oheneba Yaw Boateng, chief of Dominase/Ankaase and other panel members put together by the Kyidom division of the Kumasi Traditional Council (KTC) in an open confrontation for allegedly standing in the way of early determination of the Yabi stool dispute which has raged on for the past 32 years.

Oheneba Yaw Boateng is a member of the panel, comprising Oheneba Atwereboandah, Hiahene and Nana Appiah Sarfo Kantanka, Akroponghene, as members, with Oheneba Adusei Poku, the Akyempimhene as the head of Kyidom Division of the Kumasi Traditional Council who oversees Yabi, also a member of the Kyidom Division.

In December 2002, the Asantehene, Otumfuo Osei Tutu II, presiding over the KTC decided to conduct his own investigations into the true owner of the Yabi stool and settle the dispute once and for all, and asked the disputants to submit documents regarding their evidence adduced before the various courts since the dispute broke out in 1981, for study by the Akyempimhene and Atipinhene and report back to the house.

The Aduana family has challenged the claim by the Agona family and has taken the necessary steps to prohibit members of the Agona family from nominating, electing and installing a new chief for Yabi.

In 2011, the Aduana family decided to petition the Asantehene over the delay in the determination of the case, which the Akyempimhene endorsed.  The family decided to petition the Asantehene.

Earlier, the Asantehene had also requested documents regarding the dispute in 2011 for his study, following which the Aduana family obliged.

Last Friday, the Akyempimhene allegedly invited the two families over the issue but on reaching the Akyempim palace, the Dominasihene and Akroponghene threw them out  saying the case had already been determined  and there was no way the petition could be delivered to the Asantehene.

The panel members, the Dominasehene, Oheneba Yaw Boateng, Oheneba Atwereboandah and Oheneba Yaw Boateng would not allow the Akyempimhene to countenance the Aduana family members nor receive the petition let alone let the Asantehene know anything about the petition.

None of the members of the Agona family had honoured the invitation by the Akyempimhene to the aborted meeting last Friday a situation which stirred some suspicion.

Lawyer Arhin, being the solicitor of the Aduana family of Yabi, was informed about the development as a result of which he confronted the Dominasehene and other panel members openly.

He bemoaned the fact that some chiefs were rather undermining and derailing the good intentions of the Asantehene to rid the chieftaincy institution of unnecessary disputes.

According to him the position of the Dominasehene and other panel members was tantamount to travesty of justice at the expense of the claims of his clients.

The lawyer , on behalf of the Abusuapanin of the Aduana Royal family  of Yabi, who claim to be the  rightful people  to  occupy the male and female  stools  of  Yabi,  had in 2011 also petitioned  the Asantehene, about the long standing  dispute  between  his clients  and the Agona  family of Yabi.

He indicated that the issue as to who owned the Yabi stool had long been decided by the Judicial committee of the KTC through the National House of Chiefs (NHOC) to the Supreme Court, with the Aduana family winning at each stage of the juridical process.

Lawyer Arhin  also contended that  notwithstanding  the outcome of the determination, the losing  side (Agona  family) did not  want to accept the  decision of the adjudicating  bodies  which situation has brought disunity, under development and  indiscriminate selling of  Yabi stool lands by unscrupulous people.

He prayed His Royal Majesty to use his good offices to make the final decision having furnished him with various court judgments and ruling.

Mr. Albert Osei Banahene, the lawful attorney of the Abusuapanin, Kwame Appiah, of the Aduana Royal family has since October 24, 2011 also petitioned the Asantehene through the Akyempimhene.

Osei Banahene  stated that  even  though it was clear  from the Judgment of the  National  House of Chiefs  and the Supreme  court that  the Yabi stool  belongs to the Aduana  family, the Agona  family is  contending it belongs  to them for  which  reason  the Asantehene on  November 9, 2010 requested  for  documents through the Akroponghene per the Akyempimhene.

The Aduana Abusuapanin's attorney prayed Otumfuo to permit the Aduana Royal family to take steps to nominate, elect and enstool a new chief for Yabi, who will in turn also see to the nomination and enstoolment of a new Obaapanin for Yabi.

The KTC is yet to give a verdict in the 32-year-old dispute following the report by the Akyempimhene and other members of the panel to settle the dispute once and for all.

But none of these petitions would get to the Asantehene to make an informed decision because of the stand of the panel members not to fill in the Asantehene about developments for the necessary action by the KTC.