Wednesday, 03 December

It was wrong to let Asantehene mediate Bawku crisis-Cletus Avoka

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Cletus Avoka

Members of the Kusasi traditional group have reiterated that Ghana’s Constitution and established customary laws must remain the guiding principles in resolving the ongoing Bawku chieftaincy dispute.

Addressing recent tensions after the Otumfuo's mediation in Kumasi, the Spokesperson for the Kusasi group, Mr Cletus Avoka, emphasised that the current Bawku Naba was duly enskinned in 1984 in line with Kusasi tradition and has since been formally recognised by all relevant state institutions.

He noted that his status as Paramount Chief was validated through registration with the Traditional Council, the Upper East Regional House of Chiefs, and the National House of Chiefs.

He(Bawku Naaba) was subsequently gazetted in 1986 as the Abugrago, making him the legally recognised Bawku Naaba.

The Kusasi maintained that, constitutionally and customarily, the Nayiri — as Overlord of the Mamprugu Traditional Area — has no authority to destool or install a chief in the Kusaug Traditional Area.

He likened the mediation of the Asantehene Osei Tutu II to the Asantehene attempting to remove the Okyihene or the Ga Mantse or seeking to interfere in chieftaincy matters in the Volta Region, asserting that such actions would be impossible under Ghana’s traditional governance structure.

They further highlighted the recent mediation efforts led by the Asantehene, Otumfuo Osei Tutu II, noting that his intervention focused on encouraging all parties to respect legal processes rather than rely on influence or unilateral actions. ,  stressing that  Ghana, “must be governed by right, not might.”

He argues that it was wrong for the Akufo-Addo-led administration to involve the Asantehene in the mediation of the Bawku crisis, adding that the President was caught in a fix when he assumed office by letting the Otumfuo mediation process continue. He noted that an attempt to discontinue the process will let people read meanings into the action      

 

Speaking in an interview with Chief Jerry Forson on Accra FM's Ghana Yensom Morning, Mr Cletus Avoka reinforced the Kusasi position, stating that no chief can be removed without strictly following the appropriate legal procedures.

He therefore dismissed as unlawful the Nayiri’s announcement on February 15, 2023, in Nalerigu, purporting to enskin a new chief for Bawku.

According to him, that action violated due process and contradicted the clear provisions of the law.

He referenced a statement issued at the time by President Nana Addo Dankwa Akufo-Addo — delivered through then Minister of Information, Kojo Oppong Nkrumah — which described the Nalerigu development as illegal.

The government, he noted, affirmed that Bawku already has a properly installed and gazetted chief recognised by state institutions.

Tracing the historical basis of their claim, the Kusasi indicated that a 1958 Court of Appeal judgment confirmed the Bawku Paramountcy in favour of the Kusasi.

Although the ruling was later disrupted by the 1966 NLC Decree 112, the matter was revisited during the PNDC era.

After extensive submissions by the Kusasi, including colonial boundaries and earlier judgments, the government enacted PNDC Law 75 in 1983, restoring the Paramountcy in line with the 1958 court decision.

He argued that the Nayiri’s attempt to remove or replace the Bawku Naba without recourse to the courts amounts to a direct violation of Ghana’s rule of law.

 

Source: Classfmonline.com/Rebecca Abhena Kekeli Nyame