Bolgatanga — The Bolgatanga High Court Two has dismissed an application filed by counsel of the newly-installed Bawku Naba, Naa Alhaji Seidu Abagre (Kulga II), seeking the court to set aside an arrest warrant on the chief.
This followed an ex-parte application filed by the Upper East Regional Security Liaison Officer of the National Security, Col. Ajibadeck Benjamin Baba (Rtd).
Col. Baba (Rtd) in the ex-parte application on February 18, cited that the Overlord of Mamprugu, Naa Bohagu Mahami Abdulai Sheriga, the Kingmakers of the Mamprugu Traditional Council and Naa Kulga II, beneficiary of the enskinment, committed offences similar to causing threat to security, and sought that they be arrested and made to face the law.
Subsequently, counsel for the new Bawku Naba, Naa Kulga II, filed a motion to challenge the ex-parte application, praying the court to grant an order of stay of execution of the warrant of arrest issued by the court, and that, the court should set aside the said warrant of arrest.
The court rescinded and quashed its February 18 warrant for the arrest of the Mamprugu Overlord and his kingmakers, but set a new date to hear the substantive matter on the application on setting aside the same arrest warrant on the beneficiary of the enskinment (Naa Kulga II).
The court dismissed the applicant's motion, stating that there is absolutely no legal basis to set aside the warrant of arrest.
The court said that, having found that the court had jurisdiction and followed the law or rules or procedure, there was no jurisdiction to strike down the warrant of arrest ordered by Justice Alexander Graham, as amended by the variation order of the court on February 21, this year.
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According to the Supervising High Court Judge, Justice Charles Adjei Wilson, who read the ruling for Justice Kwabena Twumasi, the law does not allow the court to do so.
"Consequently, the entire application is hereby dismissed," he ruled.
Justice Wilson advised both parties to refer the matter to the appropriate authorities for amicable resolution, saying the nomination or installation of chiefs must be sent to the judicial committee of the House of Chiefs, since the High Court had limited or no jurisdiction to try chieftaincy matters.
When Ghanaian Times spoke to lead counsel for the applicant, Mohammed Tahiru Nambe, on his impression about the court's ruling, he said he was disappointed over the verdict of the court, but intimated his team would decide whether or not, to appeal the ruling or head to Supreme Court for certiorari.
"The judgment did not go as we anticipated or expected because our motion or application has been dismissed.
