The much-awaited judgement on the case involving Togbe Gamor Saho VII, Mama Alorvi II and Rev. Wilfred M.Ok Glover within the matter of an order of perpetual injunction positioned on them in respect of the burial and closing funeral rites of the Late Togbe Kofi Saho VI of AKATA CLAN burial on the occasion of 1 William Kwame Doko (the purported Togbe Saho) was delivered on Tuesday, December 13, 2022.
In what can finest be described as a landmark ruling, the Supreme Court of Ghana dominated in favour of the Applicants Togbe Gamor Saho VII, Mama Alorvi II ( Dorfor-Agorveme Queen Mother) and Rev. Wilfred M.Ok Glover (Glover / Seledzi household head), all of Dorfor State.
In the ruling, the Supreme Court of Ghana presided over by Her Ladyship Justice Mariama Owusu and concurred with all of the 4 different Justices Gertrude Torkornoo, Avril Lovelace Johnson, Amadu Tanko and Yohni Kulendi.
By a 5 – 0 unanimous choice, their Lordship justices of the Supreme Court agreed with the Applicants of their movement invoking the supervisory jurisdiction of the Supreme Court underneath article 132 of the 1992 Constitution and Rule 61 of the Supreme Court Rules (CI 61) for an order of certiorari that, the High Court, Ho presided over by Her Ladyship Justice Charity A. Asem (Mrs.)
She lacked the jurisdiction and dedicated grievous errors of legislation when she, amongst others, granted William Kwame Doko the reliefs, which invariably acknowledged him as Togbe Saho VI, thereby stalling the supposed funeral of the deceased Togbe Kofi Saho VI.
The Apex Court, on all of the grounds raised by Counsel for the Applicants, issued an order of certiorari to quash the choice, orders and so forth contained within the mentioned ruling of the High Court dated twenty first October 2022 in its entirety. The Supreme Court additional awarded a sum of thirty thousand Ghana Cedis (Ghs 30,000) in favour of the Applicants towards the Party, the self-acclaimed Togbe Saho.
As a background to the case, the Applicants, Togbe Gamor Saho VII, Mama Alorvi II and Rev. Wilfred M.Ok Glover by means of their lawyer, David Ok. Ametefe, ESQ., filed a movement on discover earlier than the High Court, Ho dated March 4, 2022, Wherein they sought to put aside the writ of summoning and repair of the writ as a result of the writ was not correctly served and that the High Court in Ho lacked the jurisdiction to strive the motion commenced by William Doko which motion was purely a trigger or matter affecting chieftaincy, however was disguised as an abnormal civil motion. The High Court was solely known as upon to find out whether or not the writ was adequately served and whether or not the case was a chieftaincy matter. The High Court Judge in deciding this easy software went forward and granted Plaintiff William Doko (aka Togbe Saho) all of the reliefs he was in search of from the court docket, with none trial or proof. It was this choice that was challenged on the Supreme Court.
Counsel for the Applicants argued the movement earlier than the Supreme Court on the next grounds:
That the Learned Trial Judge breached the principles of pure justice, particularly Audi alteram partem rule by denying the 2nd & third Applicants herein the correct to be heard when upon the Court’s personal discovering that the 2nd and third Applicants herein had both not been served or improperly served with the Writ of Summons & Statement of Claim within the motion, Suit No. E.12/44/2022, and but continuing to find out the substantive matter.
The High Court, Ho presided over by Her Ladyship Justice Charity A. Asem (Mrs.) acted with out jurisdiction when she proceeded towards the 2nd and third Applicants herein who upon her discovering, had not been served with the Writ of Summons and Statement of Claim.
That the Learned Trial Judge herein denied the Applicants herein the correct to be heard in breach of the principles of pure justice, particularly the audi alteram pertem rule, when she proceeded to find out your entire swimsuit in favour of the celebration which was not the matter earlier than her.
That the Learned Trial Judge herein dedicated a grievous error of legislation obvious on the face of the report, which error additionally goes to jurisdiction to find out declaratory reliefs within the substantive matter in Plaintiff’s favour with none trial, listening to or argument.
That the Respondent Judge dedicated an extra error of legislation obvious on the face of the report which error denied her jurisdiction when on allegation of fraud/ misrepresentation with out trial.
The Respondent Judge exhibited obvious bias towards the Applicants notably the first Applicant and in favour of the Plaintiff (Interested Party) all through her ruling.
And the Supreme court docket of Ghana agrees with the Applicants amongst different issues that the Ho High Court Judge lacked jurisdiction to make the orders so made, and dedicated severe errors of legislation.
Present on the Court had been, Togbe Gamor Saho VII, Mama Alorvi II, Rev. Wilfred M.Ok Glover, Setsoafia Kpornorglo (Kpornorglo household head) and the consultant of Akata Stool’s father) and others.
Now, Togbe Gamor Saho VII, Chief of the Akata Clan, Mama Alorvi II and their Lawful and Rightful King makers urge the youth of the Akata Clan and Dorfor as an entire to stay calm whereas they rejoice their deserving and lengthy overdue victory. Truly the legislation of the Republic of Ghana is absolutely at work when you observe its due processes with perseverance with out giving up.
The management of the Akata Clan additionally assures the clan that very quickly they are going to begin the preparation for the ultimate funeral rites of their late Chief Togbe Kofi Saho VI. Therefore, they urge Akata Clan to be united in a single accord for this lengthy overdue burial service of their late Chief to happen.
The Leadership additionally takes this chance to thank the one and solely Supreme Court of the Republic of Ghana for upholding the rule of legislation and honouring the substantial justice for the folks of Dorfor, Akata Clan to be particular.
However, the management additionally need to recognize the High Court, Ho presided over by Her Ladyship Justice Charity A. Asem (Mrs.) for the function it additionally performed on this matter to make sure peace.
Togbe Gamor Saho VII and the Rightful and Lawful Kingmakers of Dorfor Akata Clan have vehemently warned Doko Kwame William the purported Togbe Saho VI and his cohorts to desist from any doubtful and prison actions they’re involving themselves in even after the Supreme Court verdict. Togbe Gamor Saho VII and his Elders pledge to carry peace and unity to Dorfor – Akata Clan as an entire.
They went additional to say that after the Supreme Court verdict that put aside the Ho High Court Ruling in favour of the purported Togbe Saho, he’s nonetheless utilizing the identical Ruling parading himself as a chief by destroying the neighborhood farmlands, doing unlawful sand-winning at Tsikpe – Dorfor as we converse. As they began profitable the sand VRA personnel went to cease them from destroying authorities properties however nonetheless, they didn’t again down from their unlawful actions.
Meanwhile, the identical purported Togbe Saho and his cohorts had been already warned by the Director-General/CID on the National Headquarters of Ghana Police Service within the yr March 2019 with a reference quantity CID/VR. 4/2018/51 to desist from the act or face the complete rigours of the legislation. Yet the purported Saho refused to obey the legislation. As we converse, he’s inciting his Land guards/cohorts to take weapons and struggle anyone who makes an attempt to cease them from the unlawful sand profitable.
Togbe Gamor Saho VII and his varied household heads of the Clan /Elders once more mentioned that they nonetheless need to stay the law-abiding residents of our beloved nation Ghana, subsequently, with out taking issues into their very own fingers reported the prison case to the Juapong Police District Command and awaiting applicable motion to be taken by the Commander for this illegality to cease with instant impact, aside from that this can carry significant issue within the space.
They additionally mentioned that they’re speaking to their lawyer to start out the contempt case towards the purported chief and his cohorts for disrespecting an entire Supreme Court Ruling.
In your view is Togbe Gamor Saho VII of the Akata Clan, Zikpuitor Norvinye Kpornorglo the Stool father of the Akata Clan, Mama Alorvi II of Dorfor-Agorveme and Rev. Wilfred M.Ok Glover along with their King Makers and Principal Elders.
#EBB
