The Sofoase Yefere Royal Family of Wenchi, a prominent family to which the renowned Busia family belongs, has taken legal action in a bid to resolve a long-standing chieftaincy dispute.
The family has filed a judicial review application at the High Court in Sunyani, seeking a Mandamus order to compel the Bono Regional House of Chiefs to constitute a panel to hear a chieftaincy petition that has been pending since 2019.
Background of the Dispute
The dispute centers around the nomination of Mr. Abrefa Damoah as Wenchihene, a position of significant traditional authority within the Wenchi community. The Sofoase Yefere Royal Family, in a petition filed on July 24, 2019, challenges Mr. Damoah’s nomination, arguing that it is unconstitutional and violates the provisions of the Chieftaincy Act, 2009 (Act 759).
Initially, the Bono Regional House of Chiefs responded to the petition by granting an injunction, preventing Mr. Damoah from acting as Wenchihene. However, the National House of Chiefs later intervened, setting aside the injunction and directing the Bono Regional House of Chiefs to expedite the hearing of the substantive case.
Judicial Review Application
Despite the directive from the National House of Chiefs, the Bono Regional House of Chiefs, under the leadership of Dormahene Nana Agyeman Badu II, has yet to constitute a panel to hear the case. This inaction has prompted the Sofoase Yefere Royal Family to seek legal redress through a judicial review application.
Filed on July 25, 2024, by Dr. Obeng Gyan Busia, the Abusuapanin (head of the family) of the Sofoase Yefere Royal Family, the application calls on the High Court to issue a Mandamus order compelling the Bono Regional House of Chiefs to form the necessary panel and proceed with the hearing.
Legal Proceedings
The case has garnered significant attention within the Wenchi community and beyond, given the prominent role of the Busia family in Ghana’s history. The High Court in Sunyani, which is overseeing the judicial review application, has adjourned the case to October 4, 2024.
Dr. Obeng Gyan Busia, represented by Lawyer Kwabena Asare Atuah of Asamoah-Cheremeh Chambers, is leading the legal efforts to ensure that the dispute is resolved in accordance with the law and traditional protocols.
Implications of the Case
The outcome of this case could have far-reaching implications for the chieftaincy institution in Wenchi and the broader Bono Region. The resolution of the dispute is expected to bring clarity to the rightful heir to the Wenchihene stool, which has been a subject of contention for years.
As the legal process unfolds, the Sofoase Yefere Royal Family remains hopeful that the court will grant their request, allowing the Bono Regional House of Chiefs to move forward with the hearing and ultimately bring an end to the protracted dispute.
The Wenchi community and other stakeholders in the chieftaincy institution will be watching closely as the case progresses, with the hope that a resolution will be reached that upholds the traditions and legal standards governing chieftaincy in Ghana.