V/R House of Chiefs dismisses destoolment suit against Paramount Chief of Battor

The Judicial Committee of the Volta Region House of Chiefs has dismissed a chieftaincy suit seeking to affirm the alleged destoolment of Togbega Patamia Dzekley VII, Paramount Chief of Battor, by traditional kingmakers of the Dzekley Paramount Stool.

The ruling, delivered on Tuesday, June 17, 2025 came from a three-member panel chaired by Togbega Gbogbi Atsa V, with Togbe Kwasi Drah VII and Togbe Drake Tsigbe IV as members.

In a strongly worded decision, the committee ruled that it lacked jurisdiction to determine the amended petition filed by the petitioners and consequently awarded a cost of GH¢20,000 against them, in favour of Togbega Patamia Dzekley VII, the respondent.

Petition Dismissed on Jurisdictional Grounds

The petition, originally filed on February 14, 2023 and amended on June 23, 2023 sought a declaration that Togbega Patamia Dzekley VII had been customarily destooled by the Zikpuitor and kingmakers.

Other reliefs included an order for the respondent to hand over stool property, render accounts for river and sand proceeds and a perpetual injunction restraining him from holding himself out as a chief.

However, the committee, citing its lack of jurisdiction, stated that it was not the proper forum to validate a supposed destoolment that had not followed the required legal and customary procedures.

“The Judicial Committee does not have the power to destool a chief or confirm a destoolment performed without adherence to statutory process,” the ruling emphasised, referencing section 40(3) of the Chieftaincy Act, 2008 (Act 759).

The committee explained that before a chief can be deposed, destoolment charges must first be instituted and tried by a competent Judicial Committee.

Only upon a guilty verdict can the kingmakers proceed with any customary rites to remove the chief.

In this case, no such charges were properly brought and the committee concluded that it could not validate an already presumed destoolment.

Key Legal Precedents Cited

The committee referenced several key legal decisions, including the Supreme Court’s rulings in Essilfie v Anafo VI and Republic v Asokore Traditional Council; Ex parte Tiwaa, reiterating that “the power to make or unmake a chief resides exclusively with the kingmakers” and that judicial committees can only assess whether proper charges and due processes have been followed.

It added that bringing a declaration suit for a “customary destoolment” without first following the lawful destoolment procedure amounted to inviting the committee to ratify an illegality.

The committee further held that the suit lacked merit and ordered the petitioners to pay GH¢20,000 in costs to the respondent.

The petitioners in the suit were:

1. Zikpuitor Korsi Hottor
2. Togbe Atter Adza
3. Togbe Dzivor Patamia IV
4. Amega Christian Avusuglo
5. Amega Samuel Hervi
6. Amega Sampson Ametepey
7. Amega Cosmos Lotsu
8. Amega Bernard Dzadza

The respondent, Togbega Patamia Dzekley VII, remains the duly recognised Paramount Chief of Battor under customary and statutory law.

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