Ghanaian Chronicle (Accra)

Ghana: Tarkwa Court Bars Fiase Council From Re-Sitting On Asuoso Case

Alfred Adam

4 August 2008


Tarkwa — A Tarkwa High Court has granted an order of prohibition, restraining the Judicial Committee of the Wassa Fiase Traditional Council and it President, Osagyefo Kwamina Enimil II, from re-sitting on the Assouso chieftaincy dispute.

The court granted the order, on the grounds that none of the feuding factions in the Assouso chieftaincy dispute had appealed against the ruling, given by the same Judicial Committee ten years ago, to warrant a fresh hearing by the court.

The Wassa Fiase Judicial Committee had ruled against the Agona Number One royal gate, ten years ago, from ascending the Assouso Divisional stool, because they had not been part of the royal family.

At the court sitting, the Presiding Judge, Justice F. K. Opoku, who granted the order, noted that since the Judicial Committee of the Traditional Council had giving judgment in the said dispute, there was no way the court could go into the dispute again.

Therefore, the only option left for the litigant (Agona Number One Royal Gate) was for them to appeal against the ruling by the Judicial Committee.

Consequently, the sitting judge ordered the Judicial Committte to turn away the litigants, whenever they approached it for re-hearing of the case, and show copies of the ruling to the litigants as evidence.

The judge also acquitted and discharged the President of the Wassa Fiase Traditional Council, Osagyefo Kwamina Enimil II, of contempt of court, for trying to re-sit on the very case in which his judicial committee had earlier given judgement.

The court cautioned him that it would not spare any member of the judicial council, who does anything contrary to the court order.

The discharge of Enimil of contempt charges comes after the latter had given his judicial committee, the green light to re-sit on the case, in spite of an earlier injunction placed on it by the other litigants -Agona Royal Family, which has the ruling of the judicial committee in its favor.

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