Torgbiga Wenya III, 3 others take legal action against the Chieftaincy Ministry for "unconstitutional conduct"

The Dutor of Anlo, Torgbiga Wenya III, along with three other traditional leaders, has filed a lawsuit against the Ministry of Chieftaincy and Religious Affairs, accusing them of engaging in actions that they believe are unconstitutional.

The applicants are pursuing a judicial review, urging the court to scrutinize the actions of the respondent in relation to Anlo Chieftaincy Affairs and the planning of the forthcoming Hogbetsotso Za festival.

Background

In response to concerns regarding the transparency of funds generated from the Hogbetsotso Za festival, the individuals responsible for these proceeds have been taken to court by the leaders of the Anlo Progressive Youth for Accountability and Development.

The applicants have, among other requests, petitioned the Sogakofe High Court to compel the planning committee to provide a detailed financial report of the revenues generated from the festival spanning from 2011 to 2022.

The defendants in this case comprise Awadada Agbesi Awusu II, Torgbi Zewu II, Cilas Aidam, Dan Abodakpi, G.A.S Ladzekpo, Torgbi Zewu IV, and Agbotadua Kumasah.

A new committee, inaugurated under the leadership of the Dutor of Anlo, Torgbiga Wenya III, has assumed responsibility and officially initiated the 2023 Hogbetsotso Za festival in Keta.

Despite the circumstances, the contentious committee, supported by the Awomefia, Torgbi Sri III, has gone ahead to distribute promotional materials and subsequently conducted their own launch of the same festival.

Recognizing the sensitivity of the matter, the Ministry of Chieftaincy organized separate meetings with both factions in an effort to facilitate a resolution to the dispute.

Subsequently, on September 27, 2023, the Ministry issued a letter addressed to Torgbiga Wenya III, stating that the stool name "Torgbiga Wenya" is not documented in the records of the National House of Chiefs.

The letter, signed by the Minister Stephen Asamoah Boateng, accordingly directed Torgbiga Wenya III to refrain from identifying himself as the Dutor of Anlo and from proceeding with the organization of the 2023 Hogbetsotso Za festival.

“In view of the above information, you are to desist from holding yourself as Dutor of Anlo and not to organize any Hogbetsotso Za Festival as your actions have the potential to breach the peace of the Anlo Traditional Area.

"According to section 63(a) of the Chieftaincy Act of 2008, Act 759 it is an offence for a person to "act or perform the functions of a Chief when that person is not qualified to act. I am by copy of this letter informing the National Security Minister of my decision and to ask him to put necessary measures in place to prevent you from organizing any festival”, the letter concluded.

On September 29, 2023, Torgbiga Wenya III, with the representation of his legal counsel, replied to the letter from the Chieftaincy Minister.

In their response, the lawyers asserted that the letter from the Minister was characterized by bias, prejudice, and an arbitrary exercise of executive authority. They also expressed disappointment and emphasized that it was a violation of Anlo customary practices for the Minister to address Torgbiga Wenya III using his private name.

“Further, we hereby inform you that you do not have those powers or authority to decree that a particular traditional ruler should desist from using his traditional title. The title Dutor which means the "founder and Overlord" attached to the Wenya dynasty is more than 400 years old and does not need any registration in the National House of Chiefs or Regional House of Chiefs to give it a recognition”, it added.

The letter further indicated that “from the foregoing, we have our client's instructions to demand from you a withdrawal of your letter in reference within 72 hours upon receipt of this response failing which, the jurisdiction of a court of competent jurisdiction will be invoked to curb your administrative excesses”.

After the 72-hour ultimatum had lapsed, Torgbiga Wenya III and the three other individuals proceeded to file a legal writ, seeking a judicial review of the actions taken by the Chieftaincy Minister.

In their legal filing, they requested a court order to prohibit both the Minister for Chieftaincy and Religious Affairs and the Minister for National Security from intervening in matters pertaining to Anlo chieftaincy affairs and the forthcoming Hogbetsotso Za festival.

They are also demanding GH₵1,000,000.00 damages from the chieftaincy minister for “desecration and breach of Anlo custom and tradition” which forbids installed leaders to be addressed by their private names.

The writ, as cited, contends that the Chieftaincy Minister, referred to as the 1st Respondent, lacks the jurisdiction to issue an order to the 4th Applicant, Torgbiga Wenya III, instructing him to cease identifying himself as the Dutor of Anlo and from arranging the 2023 Hogbetsotso Za festival.

Furthermore, the writ argued that the contents of the letter from the Chieftaincy Minister had the potential to pose a threat to the existing peace and order within the Anlo Kingdom.

“That the decision of the 1st Respondent (Minister for Chieftaincy) and his call on the Minister for National Security (2nd Respondent) to prevent the 4th applicant from organizing the 2023 Hogbetsotso Za evinces a clear abuse of his administrative power and disregard for the jurisdiction of both the Judicial Committee of the Volta Regional House of Chiefs and the High Court in Sogakope”, the writ stated.

The plaintiffs, therefore, prayed the court to quash the letter, "littered with bias and lacking jurisdiction", adding that the Chieftaincy Minister’s action was in breach of Article 23 of the 1992 Constitution of the Republic of Ghana.