Supreme Court Rules In Favour Of Nii Okaidja III As Gbese Mantse

Nii Okaidja III Receiving A Certified Copy Of The Judgment From His Linguist, Otsiame Alimo Who Was Earlier Presented With The Copy By The SC

The Supreme Court of Ghana presided over by five judges under the Chairmanship of Justice J. V. M. Dotse on Thursday January 23, 2014, formerly handed over the 38-pages-judgement on the Gbese Chieftaincy dispute in Accra to Nii Okaidja III and his kinsmen.

The final judgement which was delivered on January 16, 2014 declared the judgement by the Judicial Committee of the Greater Accra Regional House of Chiefs (GARHC) at Dodowa which was delivered on 17th February 2003 as null and void.

The case which was ruled in favour of Nii Okaidja III, was under the headline 'In the matter of the Republic Vrs. Nii Adamah Thompson, Humphery Nii Teiko Aryee, Asafoatse Christopher Nettey, Nii Tetteh Ankamah II, Offei Dodoo, Nii Anum Tetteh, Otsiame Alimo, Ataa P. Okoe Aryee, Naa Ayikaile Nadoben, John Aryeetey Aryee and Percy Okoe Addy who are the Appellants, and Nii Tetteh Ahinakwa II as Respondent,' brought to the Supreme Court in 2010.

The appellants who enstooled Nii Okaidja III as Gbese Mantse were convicted by an Accra High Court presided over by Justice Dzakpasu based on the 17th February 2003 judgement for contempt.

This ruling of SC which was intercepted by Toady, stems from the fact that the court has unanimously consolidated all Gbese Chieftaincy disputes which have been in existence for the past 34 years and gave a judgement that the judgement of 17th February 2003 was null and void.

“…The judgement of the Judicial Committee of the GARHC dated 17th February, 2003 is declared a nullity the same having been given without jurisdiction. We set aside the conviction and sentence imposed on the appellants by the High Court presided over by Dzakpasu J. as well as the endorsement by the Court of Appeal,” the SC ruling stated.

Nii Okaijah III is the legitimate chief of Gbese and Adonten of the Ga State by a 5-0 majority decision.

The judges who took unanimous decision on the Gbese stool landmark case were J.V. M. Dotse, Aning Yeboah JSC, P. Baffoe-Bonnie JSC, N. S. Gbadegbe JSC and A. A. Benin JSC.

According to the judges at the SC, the action was commenced at the Ga Traditional Council (GTC) by the original petitioner/plaintiff the late Nii Tetteh Ahinakwah II, suing as head of Naa Onidin Akua/Akote Krobo Saki We. Nii Tetteh Ahinakwa's capacity was challenged by the late Gbese Mantse, Nii Ayitey Agbofu II.

The matter then went to the GARHC for interlocutory appeal and Nii Tetteh Ahinakwa II lost.

The Supreme Court in its judgement said that following the resolution of the interlocutory appeal at the GARHC the matter was not returned to the GTC to be continued there.

Instead GARHC assumed original jurisdiction over the matter, heard evidence and pronounced judgement, that the election and installation of Nii Ayitey Agbofu II was null and void and of no legal consequence ordering the Gbese stool to be handed over to elders of the third ruling house.

The appellants (Nii Adamah Thompson, Humphery Nii Teiko Aryee, Asafoatse Christopher Nettey, Nii Tetteh Ankamah II, Offei Dodoo, Nii Anum Tetteh, Otsiame Alimo, Ataa P. Okoe Aryee, Naa Ayikaile Nadoben, John Aryeetey Aryee and Percy Okoe Addy) handed over the Gbese stool to the third ruling house, Akwetey Krobo Saki We.

Because Akwetey Krobo Saki We did not have a ready candidate, they passed the chieftaincy position from the third ruling house to Nii Tetteh Ankamah We, second ruling house where Nii Okaidja III hails from under the rotation system of the Deed of the 1941 agreement.

Nii Okaidja III was legitimately enstooled as Gbese Mantse on the 8th of October 2006.

However, the late Nii Tetteh Ahinakwa (substituted by Francis Ayikai) on 27th April, 2007 installed their candidate Thomas Okine as Gbese Mantse under the stool name Nii Ayi-Bonte II in accordance with the GARHC-Dodowa on 17th February 2003 judgement.

The Supreme Court on the 16th of January 2014 declared that the February 17, 2003 judgement given by GARHC at Dodowa is null and void, pointing out that “….same having been given without jurisdiction.”

The Supreme Court in its ruling also set aside the conviction and sentence of the appellants by the High Court presided over by Dzakpasu J. as well as the endorsement by the Court of Appeal.

Stay tuned for more details.

Nii Okaidja III Receiving A Certified Copy Of The Judgment From His Linguist, Otsiame Alimo Who Was Earlier Presented With The Copy By The SC

Nii Okaidja III Taking A Glance At The Verdict