Hundreds of elders and angry youth of Osu poured onto the Oxford Street in Accra yesterday to register their displeasure about the manner in which the Chieftaincy Ministry and the State appears to be reluctant in resolving the matter of fraud levelled against Nii Kinka Dowuona VI whom they(people of Osu) have described as ‘ imposter’ Chief of Osu.
In a petition signed by the Stool Secretary Mr. Victor Okwei Nortey for and on behalf of the elders of the four quarters of Osu and presented to the Chieftaincy Ministry with copies served on the Greater Accra Regional Minister and the Attorney General, it requested the Ministry to take steps to remove Nii Okwei Kinka Dowuona VI from membership of the Board of the National Lands Commission with immediate effect.
Again, they called for a speedy closure of the Osu Mantse Palace for investigation into what they described as “corrupt ex parte orders which he (Kinka Dowuona VI) procured from an Accra High Court to gain entry into the Osu Mantse Palace” and lastly an investigation into his election on 1st December 2016 as President of Greater Accra Regional House of Chiefs by seven members out of twenty-two who forms(22) the Greater Accra Regional House of Chiefs.
Below is a full text of the petition as signed by the Stool Secretary Mr. Nortey:
The Osu Mantse Nii Nortey Owuo III, his Dzaase; Akutseiatsemei and the Dzaase of the four quarters, Elders, Heads of Principal Houses; Shippifoi, Asafoatsemei, the youth and the good people of Osu, have planned a peaceful demonstration for 19 June 2018. The demonstration is to draw attention of Government and all concerned to the injustice against the good people of Osu by the continuing stay in office of Michael Dowuona-Owoo alias Nii Okwei Kinka Dowuona VI the so-called Osu Mantse. His unlawful stay in office as Osu Mantse offends the dignity of Osu and must now be brought to a speedy end.
Sir, as you may be aware, Nii Nortey Owuo III the incumbent undestooled Osu Mantse is alive and still has lawful custody of the Osu black stool; all the lies and frustrations visited upon him by faceless persons behind the so-called Osu Mantse, Nii Okwei Kinka Dowuona VI, have made him even stronger. On his CD Form 1A (vacation) to the Ga Traditional Council, under entry No. 5:- Nature of Change Destoolment and Withdrawal of Recognition has been entered by Nii Saban Atsen VII who styled himself as Dzaasetse of Osu. This document which formed the which formed the basis of the recognition conferred on Michael Dowuona Owoo is obviously false. Indeed the entire communication to the NHC is replete with lies.
Nii Nortey Owuo III has never been destooled and there has never been any chieftaincy related charges laid against him. Nii Okwei Kinka Dowuona VI before and since December 2011 when he contrived to have Nii Nortey Owuo III’s name deleted from the National Register of Chiefs and his name inserted therein by stealth has never produced any evidence of destoolment of Nii Nortey Owuo III. See Annex 1 photocopy of CD Forms
Sir the Courts have since 2011 used the phrase ‘chieftaincy cause or matter’ to protect the ‘extract’ granted Nii Okwei Kinka Dowuona VI by the back door and to deny Osu, justice; forgetting that the steps taken by an aspiring person to have his name inserted in the National Register (and a chief’s name deleted therefrom) are steps which go exclusively to the administrative functions of the chieftaincy institution, and so, do not constitute a judicial function of that institution as to be classified as “a cause or matter affecting chieftaincy” (See WAN A-Bossman S/C SC Review). This failure on the part of the NHC and the judicial system, has saddled Osu with a person who has not been customarily enstooled as a chief but clothed with recognition falsely granted by the NHC in bad faith.
Nii Kinka Dowuona therefore sees his duty only in terms of selling Osu properties to enrich himself and those in partnership and collusion with him. Being a non-Osu indigene, development of Osu and its fortunes is of no interest to him.
Sir, you may also note the fact that Nii Nortey Owuo III Osu Mantse remained the President of the Osu Divisional Council and member of the Ga Traditional Council in good standing, until the Osu Division was ‘restored’ to Paramount Stool status in April 2012. At no point in time could Michael Dowuona Owoo have become Osu Mantse and more so, on a vacant Osu Stool as required by law.
Fortunately for Osu, because Michael Dowuona-Owoo was not enstooled by custom and tradition as Osu Mantse, he cannot be destooled, that is not an option. All he has to do is to walk away from the Osu Mantse Palace and make way for the rightful incumbent Osu Mantse.
Hon Minister, on the basis of the fore-going, we, the people of Osu demand:
- Immediate removal of Nii Okwei Kinka Dowuona VI from membership of the Board of the National Lands Commission;
- Speedy closure of the Osu Mantse Palace for investigation into the corrupt ex parte orders which he procured from an Accra High Court to gain entry into the Osu Mantse Palace and secondly, the falsehoods on his CD Forms submitted to and processed by the National House of Chiefs, Kumasi;
- Investigation into the dawn election on 1 December 2016 of him, as President by seven members of the twenty-two (22) member Greater Accra Regional House of Chiefs, Dodowa.
We as law-abiding citizens of Osu, tired of inaction in the Courts, the Ministry of Chieftaincy & Religious Affairs and the National House of Chiefs; hereby give Government 14 days within which to indicate how it proposes to deal with this blatant illegality which has been kicked down the road by Government since 4 May 2007.
If we do not hear from Government as stated, we shall advise ourselves as to how we liberate Osu.
Osu Awake!.
NII OKWEI NORTEY
OSU STOOL SECRETARY
FOR AND ON BEHALD OF THE ELDERS OF THE
FOUR QUARTERS AND THE YOUTH OF OSU
0264 315 631
CC:
THE HON CHIEF OF STAFF
OFFICE OF THE PRESIDENT
FLAGSTAFF HOUSE ATTEN: Sam A. Jinapor
THE ATTORNEY GENERAL AND HON MINISTER OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL, ACCRA
HON MINISTER OF INTERIOR
MINISTRY OF INTERIOR
ACCRA
ANNEX 2 – A demonstration using Court cases to show how come Michael Dowuona-Owoo could not have been enstooled Osu Mantse, customarily, traditionally and lawfully.
- The Ga Traditional Council decided that Nii Nortey Owuo III remained the Osu Mantse on 28 March 2002;
- The Court of Appeal in a unanimous decision on 18 February 2005 decided among other reasons that ‘in these proceedings, the respondent Mankralo (Nii Ako Nortei II) has failed to discharge this onus of rebutting the appellant’s (Nii Nortey Owuo III) status as Osu Mantse. And neither has the respondent Mankralo exhibited any judgment of a competent chieftaincy tribunal declaring adversely against the appellant’s status as Osu Mantse;
- The withdrawal of government recognition in 1986 in fact and in law only suspended the Osu Mantse’s exercise of statutory powers under Act 370 but left his traditional or customary powers intact. See page 285 [2003-2005]1GLR Osu Stool v Unilever Gh Ltd – Appeal Court 18 February 2005
- The Supreme Court of Ghana on 17 May 2006 also affirmed the Court of Appeal’s decision as follows: ‘it is trite learning that mere governmental withdrawal of recognition as it obtained before the 1979 and 1992 Constitutions of Ghana , operated to deprive the affected chief not of his customary status and functions as a chief but only his statutory functions.
- The Osu Mankralo, Nii Ako Nortei IV, not satisfied with the Court of Appeal and Supreme Court judgments; again challenged the capacity of Nii Nortey Owuo III as Osu Mantse in Suit No. 528/06 entitled Nii Ako Nortei IV v The Administrator of Stool Lands 2. Land Commission Secretariat and 3. David Nortey Ashong (Nii Nortey Owuo III). On 13 June 2007 Mr. K. A. Ofori-Atta J ruled against Nii Ako Nortei IV. The Court agreed that the capacity of Nii Nortey Owuo III as Osu Mantse has been settled by the Court of Appeal on 18 February 2005 and affirmed by the Supreme Court on 17 May 2006. Mankralo was not to re-litigate the capacity of Nii Nortey Owuo III again His case was thrown out as frivolous and abuse of process.
- The Osu Mankralo still did not give up. Nii Nortey Owuo III was therefore forced to bring a contempt action against Nii Ako Nortei IV and Michael Dowuona-Owoo (now so called Nii Okwei Kinka Dowuona VI) and 5 others at an Accra High Court for purporting to have enstooled Michael Dowuona-Owoo as Mantse on 4 May 2007. The Osu Mankralo was found guilty and convicted by Justice F. E Dzakpasu on 2 June 2008, the Court ruled that the purported enstoolment on 4 May 2007 was done in contempt of the Court of Appeal and Supreme Court decisions. The judgment of Mr Justice F. E. Dzakpasu was reserved for about a year when he was taken ill. He finally read on 2 June 2008. The CD Forms submitted to the Ga Traditional Council are dated 19 June 2008.