There was wild jubilation at Akyem Hemang in the Akyem Abuakwa Traditional area of the Eastern Region in Friday, April 3, 2020, following a judgment entered in favor of the embattled Chief of Akyem Hemang Osabarima Prof. Mirikissi Apori Atta.
The Commercial Division of Koforidua High Court on Friday quashed the destoolment of Chief of Akyem Hemang by Okyenhene Osagyefuo Amoatia Ofori Panin, President of Akyem Abuakwa Traditional Council on July 1, 2019.
The Court presided over by Her Ladyship, Mrs. Justice Cecilia N. S. Davis declared that the decision by the Akyem Abuakwa Traditional Council as announced by Okyenhene Osagyefuo Amoatia Ofori Panin destooling the Chief of Akyem Hemang for failing to appear before the traditional council is “null and void and of no legal effect and the said decision is quashed”
The Court also awarded a cost of GH₵10,000 against Akyem Abuakwa Traditional Council and Okyenhene in favor of Chief of Akyem Hemang.
On Monday 1st July 2019 Okyenhene Osagyefuo Amoatia Ofori Panin announced the destoolment of Akyem Hemang Chief at Ofori Panin Fie for failing to honor his summon over complaints of uncustomary conduct and harassment of the people of Dome and Gyampomani, and also his alleged unlawful claim of ownership of lands in the two Villages.
But in an application for judicial review in the nature of certiorari filed by the Applicant -Osabarima Prof. Mirikissi Apori Atta to quash the destoolment decision, he explained that, on 21st May 2019, he was invited to meet the Kyebi Executive Council (an advisory body constituted by Okyenhene, on 3rd June 2020,” on matters concerning the claim of ownership over Dome Land”.
However, his inability to appear before the council was not deliberate as he had then traveled outside the country and so he directed his lawyer to write to the traditional council and pointed out that the 3rd June 2019 was the only time he had appeared before Okyehene or anybody directed by Him to summon him.
An affidavit of opposition, the lawyer for Akyem Abuakwa Traditional Council and Okyenhene said the Applicant failed to show that it was the Akyem Abuakwa Traditional Council and Okyenhene that conveyed the meeting that decision of his destoolment was reached.
The respondent added that the application is not maintainable since
Okyenhene who was sued as an interested party in his capacity, is not amenable to the High Court’s supervisory jurisdiction, in as far as his decisions are concerned, that, he is not being a public officer, judicial officer or person acting judicially, therefore, his decisions are not subject to judicial review.
The court however maintained in the judgment that after analyzing all evidence before it, it is evident that Okyenhene Osagyefuo Amoatia Ofori Panin announced the decision of the destoolment of the Akyem Hemanhene, in his capacity as Member and President of Akyem Abuakwa Traditional Council and the decision of the destoolment of Akyem Hemang Chief is the decision of the Akyem Abuakwa Traditional Council, from the circumstances of the case.
Source: Mybrytfmonline/Obed Ansah
