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03.11.2007 General News

Court Slaps Injunction

By Daily Guide
Court Slaps Injunction

AN EX-PARTE injunction by the Attorney-General (A-G), Joe Ghartey, which sought to restrain the installation of a businessman, Mr. Francis Nyonyo Agboada known as Regent Torgbui Sri III, as the Awomefia of Anlo Traditional Area, was yesterday granted, making his installation today illegal.

An Accra Fast Track High Court presided over by Justice Marful Sau, an appeal court judge sitting as an additional high court judge, took that decision after the A-G had prayed that restraining the installation would bring peace to the area.

The court then granted the interim injunction and ordered that “the Kingmakers, the Anloga Traditional Council and any other persons or institutions involved in the preparation and installation of the Awomefia of Anlo” should not go on with the exercise.

It further ordered that they desist from holding any meeting or event concerning or connected to the installation of the said Francis Nyanyo Agboada until further notice.

The court also ordered that service of the order be effected by substitution through the electronic and print media which was a “constructive notice” indicating that parties would not have any excuse for holding the event.

The A-G, making his submission under section one of the Public Order Act of 1994 (Act 491), told the court that government had the responsibility of maintaining peace and order by way of seeking court order when the need arose.

He explained to the court that the Anlo Traditional Council earlier gave a notice concerning the ceremony to the police who granted a permit to that effect but unfortunately, violence broke out resulting in the death of four persons including a police officer.

The A-G continued that tension in the area at the moment was very high and therefore more confusion and bloodshed could result if the event was allowed to take place.

He noted that although the IGP had withdrawn an earlier permit, the Kingmakers were ready for the event for which rituals were still on-going.

He observed that in normal circumstances, the order could stay for 48 hours but said in this case it would be too late if the court allowed that.

The A-G therefore prayed that the court grant an instant order since the nature of the situation was volatile.

He also prayed that the restraining order should be through a substituted service which should be published both by the print and the electronic media.

In the course of the hearing, the A-G was informed that two more people had been killed.

The chiefs and people of the Anlo Traditional Area had selected and confined Torbgui Sri as the new Awoamefia to succeed the late Torgbui Adeladza II, who died 11 years ago.

Businessman Agboada, Traditional Council and Kingmakers were on their way to perform the final rituals which would have paved the way for his installation as the Awoamefia of the Anlos when some irate youth blocked the passage to the shrine resulting in the death of some people, while others were wounded.

In spite of all these calamities, information gathered indicated that the Kingmakers were still performing rituals for the installation to take place today.

It was for this reason that the A-G sought the injunction to bring peace to the area.

By Mary Anane

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