SC dismisses Nii Ahinakwa's Motion for Judicial Review

Accra, Jan. 24, GNA - The Supreme Court (SC) on Wednesday unanimously dismissed a motion brought before it jointly by Nii Tetteh Ahinakwa II, Head of the Third Ruling Family of the Gbese Stool, and his nephew, Mr Thomas Okine, for an order of Judicial Review to quash an Accra High Court Ruling of September 26, 2007, on the Gbese Stool. The five-member panel presided over by Ms Justice Sophia Akuffo ruled that the only remedy was an appeal against the judgment, and that the proper forum where the High Court's decision could be challenged was the Court of Appeal.

Consequently, the SC dismissed the application as being misplaced, misconceived, and incompetent, and awarded cost of 1,000 Ghana cedis against Nii Ahinakwa and Mr Okine. It also refused to grant a perpetual injunction to restrain Nii Okaidja the Third, Gbese Mantse, from holding himself out as chief of Gbese.

The other four panel members were Mr Justice Julius Ansah, Mr Justice Richard Twum Aninakwah who read the unanimous decision of the SC, Mrs Sophia Adinyira, and Mr Justice Samuel Kwadwo Asiamah.

On October 8, 2006, Nii Okaidja was nominated and installed as Gbese Mantse by the kingmakers of the Gbese Djaase. After Nii Okaidja's installation, the Gbese Palace was handed over to him as the incumbent chief of Gbese at a ceremony, and in accordance with the ruling of the Judicial Committee of the Greater-Accra Regional House of Chiefs on February 17, 2003.

On March 31, 2007, Nii Okaidja swore the oath of allegiance to the Ga Mantse, King Tackie Tawiah, who thereafter, made him a member of the Judicial Committee of the Ga Traditional Council.

By a singular coincidence, which was equally an irony in the dispensation of justice, just as one High Court in Accra was giving judgment to confirm the acts of chiefly installation upon and handing over of the Gbese Palace to Nii Okaidja on May 22, 2007, another Accra High Court was authorising Mr Okine to take over the Gbese Palace, the place which by Gbese custom, is reserved for the Gbese Chief. In his judgment on the Gbese Stool Affairs on January 21, 2008, Mr Justice D K Ofosu Quartey, a High Court Judge, said: "it is significant to place on record that throughout the trial, no evidence was brought before me that any elder of Gbese, the kingmakers, or any person from the Djaase, had instituted any destoolment proceeding against Nii Okaidja, in any legally recognized or competent chieftaincy tribunal and procured any adverse finding that Nii Okaidja is liable to be destooled."

Mr Justice Quartey ruled that he failed to see any legal justification in placing Mr Okine in possession of the Gbese Palace. In his view, the order was made without a justifiable cause and equally without jurisdiction, and for that matter, he annulled and declared that order void and of no effect.

"I reverse that order given for writ of possession with immediate effect, and place the Gbese Mantse, who is Nii Okaidja, in immediate possession of the Gbese Palace, to purge the palace of all vain and profane use," Mr Justice Quartey declared.

Mr Albert Adaare appeared for Nii Okaidja, while Mr. W. A. N. Adumua-Bossman represented Mr Thomas Okine and Nii Ahinakwa.