The Kumasi High Court has today encountered an unexpected delay in the case between the Omanhene of Sampa, Nana Samgba Gyafla II and the Bono Regional House of Chiefs. The court had previously directed both parties to file their responses by July 12, 2024. However, during the court session held today, July 18, 2024, it was revealed that the Bono Regional House of Chiefs had not submitted their response, citing the illness of their lawyer as the reason for the delay. This development has significant implications for the progress of the case, and the court has decided to proceed on its annual judicial holiday, resuming on October 24, 2024.
Background of the Case
Tolee Samgba Gyafla II, the Omanhene of Sampa, initiated legal action against Osagyefo Oseadeeyo Agyemang Badu II, the Omanhene of Dormaa and President of the Bono Regional House of Chiefs. The lawsuit, filed in the Kumasi High Court, accuses Nana Agyemang Badu II of deliberately stalling the gazetting process of Nana Gyafla II at the National House of Chiefs.
Tolee Samgba Gyafla II was enstooled as the Omanhene of Sampa after completing all customary rites, including swearing an oath of allegiance to the Asantehene, Otumfuo Osei Tutu II, last December. Despite fulfilling these requirements, his gazetting process has faced significant delays. The Bono Regional House of Chiefs has allegedly refused to submit his chieftaincy declaration forms to the National House of Chiefs, effectively halting the process.
Attempts to Gazette a different Chief
In a parallel development, the Bono Regional House of Chiefs, under the leadership of the Dormaahene, has encountered its own challenges in attempting to gazette another individual as the Omanhene of Sampa. Nana Yaw Sammor Dua, who claims legitimacy to the Sampa stool, has twice had his gazetting attempts rejected by the National House of Chiefs, despite receiving endorsements at the regional level.
Court Proceedings and Directives
Last month, the Kumasi High Court ordered both parties to submit their respective responses by July 12, 2024. This directive was essential for moving the case forward, allowing the court to review all necessary documentation and arguments from both sides. Compliance with this directive was crucial for maintaining the momentum of the legal process and ensuring a timely resolution.
The Recent Development: A Delay Due to Illness
During today’s court session, the Bono Regional House of Chiefs disclosed that they had failed to meet the court’s deadline. The reason provided was that their legal counsel was very ill, which prevented them from preparing and filing the required response. This unforeseen circumstance has caused a significant delay in the proceedings.
Court’s Decision and Implications
In light of this development, the Court announced that it would proceed with its scheduled annual judicial holiday, which spans from now until October 24, 2024.
Nana Gyafla II’s legal action seeks a court order compelling the President of the Bono Regional House of Chiefs to endorse and submit his chieftaincy declaration forms to the National House of Chiefs. Gyafla II contends that he has adhered to all necessary customary processes and has the approval of the Asantehene, thus fulfilling all requirements for gazetting. However, the latest setback means the gazetting process will further stall until at least October.
Source: GhanaFeed.Com