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Crime & Punishment of Wednesday, 23 May 2007

Source: GNA

Ex-Wenchihene loses again

Sunyani, May 23, GNA - A Sunyani High Court presided by Justice Gordon Gabor on Wednesday dismissed an application filed by Nana Kusi Apea I, Ex-Wenchihene, against the nomination, election and installation of Nana Abrefa Nketia VII, Omanhene of Wenchi Traditional Area.

The Court awarded 15 million cedis cost against the Nana Kusi Apea. Nana Kusi Apea, brother of Dr Kofi Abrefa Busia, Prime Minister of the Second Republic, averred in his application that the nomination, election and installation of Nana Nketia be declared void and contrary to the custom and the tradition of the Wenchi Traditional Area and that he (Nana Kusi Apea) should have been declared as the Omanhene. Nana Kusi Apea also applied to the Court for an attachment for contempt of court against 10 of the Kingmakers of the Traditional Area including Nana Owusu Ansah Kokroko II, Krontihene and Acting Head of the Local Government Service.

Nana Kusi Apea further averred that even though he lost an earlier application against the Respondents at the Brong Ahafo Regional House of Chiefs he had notified them about his intention to appeal against the ruling of the Judicial Committee.

He stated that the Respondents ignored his notice and went ahead to install a new chief.

Dismissing the application, Justice Gabor said he had no doubt that Nana Kusi Apea and Nana Obiri Boahen, his Counsel, had failed to prove beyond doubt any of their averments.

Justice Gabor said Nana Kusi Apea had no case since all the relevant cases cited by Nana Adjei Ampofo, Counsel for the Respondents, were supportive of their claims.

He stated also that the provisions of NLCD 64, which Nana Adjei Ampofo heavily relied upon, were very clear and supportive of their claims.

Justice Gabor said the conduct of the Respondents was not "wilfully calculated to undermine the administration of Justice". Reacting to the judgement, Nana Owusu Ansah Kokroko, who is also the Former Clerk of Parliament, said it was a big relief for the numerous supporters of the new Omanhene, Nana Abrefa Nketia VII. He stated that in the interest of peace and the accelerated development of the Area all factions and the Royalty should support the new chief, especially so when almost all the Traditional Council Members and the Kingmakers "are solidly behind Nana Nketia".