A High Court in Koforidua in the Eastern Region has quashed the decision by Okyenhene Osagyefuo Amoatia Ofori Panin to destool the Chief of Akyem Hemang, Osabarima Prof. Mmrikissi Okasum Apori Atta.
The Okyenhene and the Kyebi Executive Council in July 2019 issued a statement declaring that following complaints of “uncustomary conduct and harassment of the people of Dome and Gyampomani,” the Hemang Chief was invited to Ofori Panin Fie over the issue but he reportedly refused to show up, leading to the destoolment.
The Hemang Chief, following the decision of the Okyenhene and the Abuakwa Traditional Council, petitioned the High Court over the issue of destoolment, and the court presided over by Justice Cecilia Davis, after the hearing, declared the council’s action null and void.
“I declare and hold that the decision of the respondent council, announced by its President, the interested party, on July 1, 2019 in the presence of its members, destooling the applicant for failing to appear before the respondent’s council, which includes the interested party as its President, is null and void and of no legal effect, and the said decision was hereby quashed,” the judge ordered.
She also awarded a cost of GH¢10,000 against the council and the interested party in favour of the Hemang Chief.
Explaining the decision, the court held that the Secretary of the respondent council or the council itself, which included the interested party as a member and its President, was in possession and control of the original statement issued to the media houses and all efforts by the Hemang Chief, per exhibits he attached, to obtain a certified true copy of the statement to enable him to attach to his application for certiorari proved futile as the State Secretary refused to provide the chief with his request.
“It is my considered view that since it is the agent of the respondent council and the interested party, in the person of the State Secretary, who has failed or refused to provide the application with a copy of the statement on the decision made by the respondent council through the interested party, it is mischievous on their part to turn around and fault the application herein as not complete without the decision being attached to it,” the court held.
Source: DGN
