The Supreme Court has set aside the ruling of a Winneba high court that the Chief of Gomoa Fetteh, Nana Abor Yamoah, was not properly enstooled and had his name struck out from the Register of Chiefs.
The Winneba high court, which was presided over by Justice Adjei Wilson, had earlier instructed the National House of Chiefs to strike out the name of Nana Abor Yamoah from its register because it claimed he fraudulently entered into the register of the body following a case brought against it (House of Chiefs).
But the Supreme Court in its ruling of February 3, 2015 averred, ‘Having considered all the processes filed and listening to counsel in court, this court is of the unanimous opinion that the high court (of) Winneba presided over by Charles Adjei Wilson J, erred and lacked jurisdiction in the consolidated suit Nos. TE1/3/14 and TE1/41/14 when on 23 rd June, 2014 he ruled upon the same issue which the high court (of) Cape Coast presided over by Olivia Obeng Owusu, had in an earlier ruling dated in suit number TE1/41/14 then suit No. ET2/42/12, is not ousted as the matter before it is not a cause or matter affecting chieftaincy.’
For that matter, the five Justices of the Supreme Court who sat on the case namely, Anin Yeboah, Paul Baffoe-Bonnie, Alfred Anthony Benin and J.B Akamba with Sophia Adinyira presiding noted, ‘The ruling of 23/6/2014 by the High court, Winneba, is therefore null and void.’
They therefore, made an order that the judgment to be brought up and be quashed saying, ‘The judgment is therefore quashed.’
Lawyers for the Abusua Panyin Kojo Yamoah, head of the Abor Twidan royal family of Gomoa Fetteh and Nana Abor Yamoah at Amponsa-Dadzie & Partners, have therefore in a letter to the Registrar of the National House of Chiefs and copied the Central Regional House of Chiefs, instructed him ‘to act upon the decision of the Supreme Court and cause the name of Nana Abor Yamoah II to be restored in the National Register of Chiefs.’
The lawyers also served notice that if they had not done so by February 27, 2015, ‘We shall seek an order of the court of law to compel you to do so.’
By Charles Takyi-Boadu
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