Abaka Stool Case - Petitioners' Application Dismissed

By Kingsley E. Hope, Kumasi

A Kumasi High Court has dismissed an application by Duncan Adza and another, petitioners in the Abaka Stool (Gbi Wegbe) dispute, in the Volta Region.

Petitioners, Duncan Adza and Ebenezer Akubia, sought to cancel the registration and gazette by the National House of Chiefs (NHC), of Togbe Keh XII, as a Divisional Chief within the Gbi Traditional Area.

At the sitting of the court, here on Monday, July 15, 2019, presiding Judge, Justice Charles A. Wilson, noted, "Looking critically at the position of the parties, the arguments on both sides of the issue, and the authorities in support thereof, I have come to conclusion that the respondent, NHC acted in accordance with the requirements as provided in the Chieftaincy Act 759, S 58."

The court awarded GH¢10,000.00 cost against petitioners, to the respondents, NHC and Togbe Keh XII.

In an application filed on Febraury16, 2018, the petitioners contended that the NHC could not gazette Togbe Keh Xll as the Divisional Chief of Gbi Wegbe Traditional Area.

The application sought the court to immediately expunge the gazette of Togbe Keh XII as a Divisional Chief within the Gbi Traditional Area from the register of the NHC.

It claimed that, Adza was the head of Adza family of Gbi Wegbe and Akubia was the stool father of Abaka stool of the same traditional area and that, their stool, the Abaka stool of Gbi Wegbe, was a divisional stool within the traditional area and recognised and gazetted in 1965, evidenced by a local government bulletin of August 20, 1965.

According to the application, the NHC gazetted Togbe Keh XII, because the Volta Regional House of Chiefs had informed it (NHC) that, Togbe Keh had no rival.

The petitioners filed an application to the registrar of the respondent of NHC to annul and expunge the gazette of Togbe Keh.

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