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04.11.2005 Crime & Punishment

Court quashes ruling against Gomoa Fetteh Chief

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Gomoa Fetteh, Nov 4, GNA - The Cape Coast High Court has quashed the ruling of the Judicial Committee of the Gomoa Akyempim Traditional Council on 30th March, 2005 against Nana Abor Yamoah, Chief of Fetteh. This followed an application to the court by Nana Yamoah to restrain the committee from enforcing an order restraining him from holding himself as a Chief.

The Court presided over by Justice K K Acquaye awarded costs of 2.5 million cedis each against the Judicial Committee and Charles Kweku Essel, an interested party.

Giving his ruling the Judge said it was interesting to note that the President of the Traditional Council, although not a panel member, exercised the power to appoint Kweku Essel as the Regent and said one could not rule out the possibility of influencing the panel members. He also stated that there were too many instances of bias, error and breach of the rules of natural justice to permit the ruling of the committee to stand.

The Judge said if the committee found out that the Kweku Essel did not have the capacity to file an application for interim injunction then the order made by the committee against Nana Yamoah was null and void. He stated that looking at the proceedings one could conclude that the Judicial Committee had taken sides and was biased.

Mr Justice Acquaye said the committee before dealing with the application for interim injunction should have made a pronouncement about the issue of the capacity raised by Nana Yamoah before the committee.

He noted that the committee erred in basing its decision solely on the absence of a stamp and said if it doubted the authenticity of the medical report submitted by Nana Yamoah it could have adjourned the matter to investigate.