The Chieftaincy Tribunal of the Greater-Accra Regional House of Chiefs, would on Thursday, October 21, rule on a preliminary objection raised by counsel for Nene Kanor Attiapah III, Mankralo of the Ningo Traditional Area, whose eligibility as the acting paramount chief is being challenged.
Two members of the Loweh Kpono Royal House in Ningo are contesting his eligibility.
The tribunal fixed the date on Thursday after listening to submissions by counsel on both sides about the preliminary application.
On August 6, 2010, Nene Asafoatse Odoi III, and Nene Asafoatse Adela V, filed the petition at the Chieftaincy Tribunal seeking for a declaration that Nene Attiapah "is not an Acting Paramount Chief, and, therefore, cannot perform any duties which are by custom to be performed by a Paramount Chief."
They are also praying for an order by the tribunal to revoke the elevation of any sub chief made by Nene Attiapah, without reference to the members who constitute the Traditional Council.
Lastly, the petitioners are asking the tribunal to place a perpetual injunction on Nene Attiapah so that he cannot go ahead to perform the final funeral rites of the late Nene Osroagbo Djangmah II, paramount chief of Great Ningo Traditional Area, who died in 2005.
In his submissions before the tribunal, yesterday, Mr Musah Ahmed, counsel for Nene Attiapah, submitted that the petitioners have instituted the action against the wrong person because his client is only the Mankralo of Ningo, and had never paraded himself as the Acting Paramount Chief.
The counsel submitted that his client was the Acting President of the Great Ningo Traditional Council, and that in law, actions taken by him in the performance of his duties, could be said to be actions of the Council.
It was, therefore, counsel's humble submission that the appropriate forum to sue his client for the performance or non-performance of his functions was the Traditional Council and not the Chieftaincy Tribunal of the Regional House of Chiefs.
The counsel submitted that Nene Attiapah was not a Paramount Chief, and could, therefore, not be brought before the Regional House of Chiefs.
The counsel submitted that the action of the petitioners was vexatious, frivolous, and abuse of the processes of the tribunal, and, therefore, prayed the tribunal to dismiss it with punitive costs.
Responding, Major T. A. Darteh (retired), Counsel for the petitioners, submitted that as acting President of the Ningo Traditional Council, Nene Attiapah should be brought before the Regional House of Chiefs if he was found committing offending acts, and not before the Traditional Council of which he is the head.
The counsel submitted that as Acting President of the Council, Nene Attiapah would empanel members of the Council, and so that when brought before the same Council of which he was the head, it would be like Nene Attiapah becoming a judge in his own court, and this, in the counsel's view "offends the rule of natural justice."
The counsel submitted that since Section 22 of the Chieftaincy Act clothed the National House of Chiefs with powers in matters affecting chieftaincy, the petition was at the right forum and that "we are properly before the tribunal."