The problem at the core of Nkwatia chieftaincy crisis part II

Ghana's constitution Article 277 (Definition of Chief) states

“In this Chapter, unless the context otherwise requires, "chief" means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queen mother in accordance with the relevant customary law and usage.”

There are three important processes here

1) “validly nominated”
2) “elected or selected”
3) “enstooled, enskinned or installed”
And a very key term-
4) “in accordance with the relevant customary law and usage”

Now, let us examine the first two processes more closely in accordance with the relevant customary law and usage in Kwahu-Nkwatia. The third process will be the subject of a later discussion.

VALID NOMINATION

Per ancient Nkwatia custom (also accurately captured in the Gold Coast Gazette of March 28, 1931), the Queen-mother nominates a candidate after CONSULTATION with Abusuapayin /Adehyiehene and the principal members of the royal family. This consultation is key, as the Queen-mother and/or Abusuapayin cannot nominate anyone validly without proper consultation with the principal elders of the royal family.

By this ancient Nkwatia custom, the nominated candidate is presented one at a time to the Kingmakers to approve or reject. If a candidate is rejected, Nanahema ought to nominate and present another candidate, following the same process till approval is made.

ELECTED OR SELECTED

By ancient Nkwatia custom, the Kingmakers approve the candidate by the following process: They determine whether the candidate is guilty of any one of a list of traditional sins. E.g. adultery, drunkenness, conviction, etc. If the candidate is not found to be guilty, he is approved and selected. Otherwise, he is rejected. The Kingmaker’s electing a candidate by balloting has NEVER been the custom in Kwahu Nkwatia and this indeed is alien practice.

NOW, WHAT HAPPENED IN KWAHU NKWATIA IN 2017?

The key nomination consultation requirement for the Queen-mother was not complied with. There were several mini-meetings, but in all that happened, the notable principal elders of the Yiadom Royal Asona Abusua were not consulted by the Queen-mother. She indeed acknowledged this error to the royal family and attempted to terminate and restart the process but was vehemently opposed by those who stood to benefit from the error and eventually, she passed away in Jan 2019.

Kofi Sam Boamah was supposedly nominated by the Queen-mother after one such mini-meeting without the consent of the principal elders. He was presented to the Kingmakers where deliberations ran into a deadlock.

Nana Yaw Abordo claims that he was nominated together with Kofi Sam Boamah in a batch of two during the above meeting and he presents an audio recording of the meeting. This is bogus and alien to Nkwatia custom. At best, the recording shows that he was recognized as a candidate, just as Kofi Sam Boamah was. After the meeting, it was Boamah who was sent to the Kingmakers by the Queen-mother (evidence of nomination).

Per ancient Nkwatia custom, the nomination is not done in batches, but one at a time. Assuming Kofi Sam Boamah's so-called nomination was clearly rejected by the Kingmakers, he, Nana Yaw Abordo, should have been nominated in a separate event and sent to the Kingmakers. That didn’t happen.
Clearly, the facts do not support Nana Yaw Abordo’s claim that he was nominated by the custom of Kwahu Nkwatia.

With Kofi Sam’s approval at the Kingmakers still in deadlock, and with Nana Yaw Abordo wanting to have his chance at nomination and presentation to the Kingmakers, a ballot election between the two of them was ordered at the Kwahuhene’s Palace at Abene, when the Nkwatia Kingmakers went there on a routine visit. Nana Yaw Abordo won the election and the Queen-mother was asked to go and install him.

However, as noted above, by ancient Nkwatia custom, the Kingmakers do not select by ballot. What happened in Abene was clearly illegal and alien to Nkwatia custom.

-Meanwhile, as the Queen-mother began taking steps to install Nana Yaw Abordo as chief, Kofi Sam Boahmah's team invaded the Palace and occupied it, claiming that Kofi Sam Boamah should rather be the chief. This was in late 2017 and it was from here that litigation between the two factions started at the Kwahu Traditional Council, Mpraeso.

WHAT NEXT?

As the two factions litigate the impasse in the traditional court's hierarchy, we plead with our honorable Nananom judges to go deeper and thoroughly into the genesis of the crisis as humbly presented above. There were too many anomalies. And, the royal family's attempts at correction were fiercely resisted by the two factions.

We believe that the only viable way forward is to terminate whatever was done and order the royal family elders to begin the nomination process in strict accordance with well-established ancient Nkwatia customs and traditions. Nkwatia, our dear hometown, is yearning for peace and development and timely resolution of the chieftaincy crisis is so imperative.