The Fast Track Division of the Accra High Court, presided over by Justice Ofori-Atta, Wednesday dismissed the Judicial Review Application filed by Thomas Okai, one of the claimants to the Gbese Mantse.
The Court also awarded GHs1, 500.00 costs in favour of all the
Mantsemei of the Ga Traditional Council as well as GHs1, 500.00 in favour of Nii Okaija III as the Interested Party before the Court.
Mr Okai was seeking an order of the Court to compel Nii Adote Obour II, as Ag President of the Ga Traditional Council, to induct him into the membership of the Council, to expel Nii Okaija III, the Gbese Mantse, who is already a member of the Council, and to further forward his Chieftaincy Forms to the National House of Chiefs.
According to a statement issued by Nii Ayikoi Otoo, counsel for Nii Okaija III, the Court also held that Nii King Tackie Tawiah III remains the Ga Mantse and President of the Ga Traditional Council “until he abdicates, he is destooled, dies or any Judicial Committee otherwise decides.”
In dismissing the application for Mandamus, the Court held inter alia that Nii Adote II at whom the application was directed in his capacity as acting President of the Ga Traditional Council indeed handed over the presidency of the Ga Traditional Council to King
Tackie Tawiah III upon his installation. In the view of the president judge, the Court could not compel Nii Adote Obour II, who is not the President, to induct the said Thomas Okai into the Ga Traditional Council.
“The Court further held that since the Gbese Stool is not vacant, because it is occupied by Nii Okaija III, who is also a member of the Ga Traditional Council and furthermore, since the Judicial Committee of the Ga Traditional Council had previously restrained Thomas Okai from parading himself as Gbese Mantse, which order has not been set aside, the Court could not grant the Mandamus application,” the statement added.
Source: The New Statesman
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