The Accra Fast Track High Court yesterday vacated its earlier order for interim injunction that restrained the Anlo Traditional Council from installing Mr Francis Nyonyo Agboada, alias Torgbui Sri III, as the Awoamefia of Anlo.
That followed the upholding of an application for an order to set aside the injunction order filed by Albert Sadika, the stool father and one of the king makers of the royal Adzovia Clan of Anloga.
The court, on November 2, 2007, restrained the king makers of the Adzovia Clan and “any other persons involved in the preparation and installation of the Awoamefia from holding any event to install Torgbui Sri as the Awoamefia”, which event was scheduled to take place on November 3, 2007.
The order was made following an ex-parte motion filed by the Attorney-General and Minister of Justice.
In an affidavit in support of the motion to set aside the earlier order, Mr Sadika said since the order was made on November 2, 2007, no further order had been made by the court either to review it or set it aside.
According to the affidavit, before the application resulting in the order of the court to restrain the king makers from installing Torgbui Sri, the king makers had already installed and introduced him as the Awoamefia, for which reason “the order was made after the fact”.
It said although the order of the court sought to restrain the event, it had already taken place before the king makers of the Anlo Traditional Council heard about it, for which reason the order, in its proper sense, was to be regarded as ineffective and so it was important for the due administration of justice and the rule of law to have an express order of the court to set aside its earlier order.
The affidavit said it was important to have an express order of the court to set aside its earlier order so that the impression would not be created that the order of the court was being treated with disrespect and violated with impunity by the king makers and all persons involved in the installation of Torgbui Sri as the Awoamefia.
It said if the order remained as it was, it would give the impression that the king makers and the people of Anlo had no respect for the due administration of justice and the judicial process.
The reason, it explained, was that having now had knowledge that the court, although belatedly and ineffectively, had given an order to restrain the installation of Torgbui Sri as the Awoamefia, the king makers, oblivious of the clear intention of the court, now recognised and co-operated with him to act in the aforesaid capacity.
According to the affidavit, if the order remained, it would leave room for miscreants and mischievous persons to take advantage of it and start some confusion in the area.