The Court Of Appeal has also thrown out an Application challenging the decision of the High Court for quashing the decision of Okyehene for destooling the Chief of Akyem Hemang, Osabarima Prof. Mirikissi Apori Atta.
In Suit No. H1/31/2020 ‘The Republic Vrs The Akyem Abuakwa Traditional Council (Respondent/Appellant) Ex-Parte Osabarima Prof. Mirikissi Apori Atta (Applicant/Respondent), Osagyefo Amoatia Ofori Panin (Interested Party/Appellant)’, the Appellants were seeking the Court to quash the declare as Null and Void, the High Court ruling which went in favour of Osabarima Prof. Mirikissi Apori Atta.
In the Ruling given by the Presiding Judge, Justice Cecilia H. Sowah, and Gbeil S. Suurbaareh (JA) and Angelina Mensah-Homian (JA), appeal was dismissed for non-compliance with Rule 18(1) of the Court of Appeal Rules CI 19.
“The Appeal herein is dismissed for non-compliance with Rule 18(1) of the Court of Appeal Rules CI 19,” the Presiding Judge ruled and granted cost of GH¢1,000.00. against the Appellants, Akyem Abuakwa Traditional Council and Osagyefo Amoatia Ofori Panin, in favour of the Applicant/Respondent, Osabarima Prof. Mirikissi Apori Atta.
It would be recalled that the Commercial Division of Koforidua High Court on April 3, 2020, Her Ladyship, Mrs Justice Cecilia N.S. Davis threw out an Application for the destoolment of Osabarima Prof. Mirikissi Apori Atta by the Okyenhene Osagyefuo Amoatia Ofori Panin, President of Akyem Abuakwa Traditional Council.
The High Court Judge in that ruling 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 council is “null and void and of no legal effect,” and subsequently quashed the said Application.
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 the genesis of the decision to destool him was uncustomary, since it was as a result of his resilience in fighting illegal logging and mining within the Akyem Hemang stools despite all odds and powerful hands behind it.
He, therefore, described his destoolment as against natural justice, bias, unfair, uncustomary and sheer display of power. He pointed out that his destoolment by Okyenhene without pressing charges against him is unlawful and an error of law.
The Court maintained in its judgement that after analysing all evidence before it, it was evident that Okyenhene Osagyefuo Amotia Ofori Panin announced the decision of the destoolment of the Akyem Hemanghene, 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.
The Court then awarded a cost of Gh10, 000.00 against Akyem Abuakwa Traditional Council and Okyenhene in favour of Chief of Akyem Hemang.
Not satisfied with the High Court Ruling, the Akyem Abuakwa Traditional Council and Osagyefo Amoatia Ofori Panin filed for an Appeal which was also dismissed.
By: PROSPER AGBENYEGA
