Judicial Committee of the Volta Regional House of Chief declares Gefia as part of Avenor

The Volta Regional House of Chiefs' Judicial Committee has ruled on a case and subsequently declared Gefia as a town under the Avenor Traditional Council.

This ruling, made on Thursday, May 23, 2024, followed an application for a writ of summons brought by Togbe Kludzi III against Togbe Dorglo Anumah VI, the paramount chief of the Avenor Traditional Council, Torgbui Korbadzi III, the Dufia of Gefia, and five others.

The plaintiffs sought a declaration of de facto, de jure, and gazetted Dufia of Gefia and/or Dutor of Gefia in their relief petition to the court.

The correspondent noted, other reliefs from plaintiffs, including an injunction to prevent Torgbuiga Dorglo Anumah VI, the Paramount Chief of Avenor, from expanding his jurisdiction over Gefia, which is part of the Atsiame Traditional Area.

Torgbui Kludzi III had been removed from the list of Avenor Traditional Area Chiefs and suspended by the Arbitration Committee of the then-Fiaga of the Avenor Traditional Area, Torgbuiga Dorglo Anumah V, on April 6, 2006. The findings of the high-powered three Wing Chiefs of the then Avenor Traditional Area concluded that Torgbui Kludzi III was from a matrilineal line, which is not generally accepted in the traditional practice of Avenor, and therefore not qualified as a chief.

As the impasse between the Avenor Traditional Area (Council) and the head of the Atsiame Clan, Torgbui Samlafo IV, persisted, Torgbui Kludzi, whose recognition was withdrawn from the Chief List of Avenor, was migrated through the Anlo Traditional Council and fraudulently gazetted as Dufia of Gefia in the Avenor Traditional Area by the National House of Chiefs on November 12, 2015.

In its ruling on a motion filed by the defendants to strike out the writ of summons for lack of jurisdiction, the court further ruled that “Gefia is a town in the Avenor Traditional Area... the appropriate forum for the determination of this matter would naturally be the Judicial Committee of the Avenor Traditional Council.”

The court cited Article 274 of the 1992 Constitution of the Republic of Ghana and Section 26 of the Chieftaincy Act 2008 (Act 759) to grant the motion to strike out the writ of summons for lack of jurisdiction of the Volta Regional House of Chiefs to entertain the suit by the plaintiffs.

As a result, a cost of Five Thousand Ghana Cedis (GHC 5,000) was awarded in favor of the defendants/applicants.

The Judicial Committee of the Volta Regional House of Chiefs was chaired by Torgbe Gbogbi Atsa V, Paramount Chief of Adaklu Traditional Area, with Togbega Atsridom V, Paramount Chief of Kpedze Traditional Area, and Togbega Sei II of Botoku Traditional Area serving as committee members.