THE REPUBLIC VS. STEPHEN TETTEH OMAN EX-PARTE: NUUMO TEI TETTEHGUA AYITTAH

INTRODUCTION

By an application filed by the Applicant on 28th January, 2022, he prayed the Court for an Order for Committal of Contempt against the Respondent for the disobedience of the decision of a Judicial Committee of the Ningo Traditional Council.

In an Affidavit in Opposition of the Respondent filed on 10th February, 2022, the Respondent denied having disobeyed the said order and that being duly elected and enstooled as Asafoatsegua of Kabiawe entitled the newly installed Mankralo to swear allegiance to him in accordance with custom.

According to the Respondent he did not single-handedly appoint a new Mankralo to have been said to have disobeyed the decisions of the Judicial Committee and therefore the current application has been brought in bad faith.

Events leading to the filing of the current application briefly is that the Applicant filed a Petition at the Judicial Committee of Ningo Tradition Counsel against the Respondent for the following reliefs: -a. A declaration that the 2nd Petitioner is nominated, selected and enstooled Asafoatse of the Bantama-Kabiawe Clan under the stool name Asafoatse Barimah Blemano Oman V. of the Bantama- Kabiawe Clan of Ningo.

b. A declaration that the Bantama-Kabiawe Clan has not installed the Respondent as a chief.

c. A declaration that the title of Asofaotsegua of Ningo Kabiawe clan and the Head of Kabiawe Clan of Ningo does not exist and is alien to the Ningo Traditional Area.

d. Perpetual injunction restraining the Respondent from holding himself as the Asafoatsegua Oman of Ningo Kabiawe Clan, and Head of the Kabiawe Clan of Ningo.

The Judicial Committee’s decision of 21st August, 2020 is attached as Exhibit “A” which stated among other things as follows: -“We declare that the Respondent, Stephen Tetteh Oman, has not been installed as the Asafoatse of the Bantama-Kabiawe Clan.

Relief (b) of the petition is granted.

Having determined that the Respondent is not a chief having not been enstooled as the Asafoatse of the Bantama-Kabiawe Clan, he cannot hold himself as such.

We also grant relief (d) of the Petitioner’s petition i. e. perpetual injunction restraining the Respondent from holding himself as Asafoatsegua Oman V. of Ningo Kabiawe and Head of Ningo Kabiawe. ”It is this decision that the Respondent has purportedly disobeyed which triggered this instant application.

The Applicant alleged that on 4th January, 2022 the Applicant held himself up as the Asafoatsengua Oman V of Ningo Kabiawe and head