Lawyers for Daasebre (Prof) Oti Boateng, Omanhene of the New Juaben Traditional Area, have spoken out against what they regard as an orchestrated attempt by a certain Odehye Topen Siriboe to discredit their client.
An intervention signed by Oseawuo Chambers & Co, Solicitors for the Omanhene pointed out that �Odehye has been going round, especially hopping from one station to another championing a clandestine cause with the aim of discrediting and or embarrassing our client, including launching of personal attacks and vituperations against our client.�
The Daasebre�s adversary, the solicitors maintained, is engaged in the manouvres because he erroneously thinks that he usurped the paramount stool he is currently occupying and he is the rightful occupant.
Narrating the premises which legitimize the occupation of the stool by the Daasebre, the solicitors explained that when Odehye Topen Siriboe was nominated as successor to the late Daasebre Kwaku Boateng II, he committed a sacrilege while in confinement preparatory to his enstoolment.
Following this development the solicitors recalled that the then PNDC by an Executive Instrument No. 37 of 26th October 1991 set up a Committee of Inquiry on the New Juaben Chieftaincy matters whose terms of reference included among others whether while in confinement a chief-elect could be disqualified for enstoolment for committing a sacrilege.
It was also tasked to determine what kind of misconduct can result in the disqualification of a person from becoming a chief in New Juabeng and whether the chief-elect was guilty of any such misconduct as to warrant his disqualification.
At the end of hearing from various personalities the Committee concluded that according to New Juaben custom and tradition a chief-elect in confinement can be disqualified from installation in the event of misconducting himself in a manner that brings the chieftaincy institution into disrepute.
The said Nana Topen Siriboe, it posited, was found guilty of misconduct and the committee recommended to the PNDC that �since Nana Topen Siriboe has lost the support and confidence of the majority of kingmakers he should not be installed as the Paramount Chief of New Juaben. The Queenmother is recommended to submit fresh nomination to the Kingmakers.�
Continuing the solicitors recalled how by a White Paper issued by the PNDC on the 9th of July, 1992 and signed by Nana Ato Dadzie, in his capacity as the PNDC Secretary, �the PNDC Government accepted all such recommendations of the Committee and by reason thereof, Odehye Topen Siriboe was disentitled or disqualified to become the paramount chief of the New Juaben Traditional Area.�
The White Paper and or the Report, according to the solicitors, was not challenged by Odehye Topen Siriboe and therefore the contents are binding on all the parties and their privies adding �we have our doubts if any legal challenge can be mounted in this constitutional era against either the White Paper or the said Report in view of the recent decision by the Supreme Court in the Nungua Chieftaincy case where it held that the contents of and Executive Instrument of the PNDC constituted an Executive Act of the PNDC Government which could not be challenged by any Court, vide the Transitional Provisions in the 1992 Constitution.�
The solicitors expressed the hope that �Odehye Topen Siriboe would ponder over what they described as his fruitless and destructive criticisms of their client and begin to consider how he could contribute to the programmes initiated by our client to further develop the New Juaben Traditional Area rather than vitriolic he has resorted to.�
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