The hearing of the Contempt charge against the Greater Accra Regional Minister Accra Regional Minister, Nii Laryea Afotey Agbo, the Attorney General and the Inspector General of Police has been adjourned after Counsel for the Regional Minister, Lawyer Ayikoi Otoo was thrown out of court for lacking the capacity to defend his client.
At the court’s hearing on February 18, 2016, Counsel for one Kwadwo Asante Boateng, (Plaintiff) Lawyer Frank Davies raised an objection to Nii Afotey Agbo’s representation in court, Lawyer Ayikoi Otoo.
When the case was called, Lawyer Frank Davies told the court that Nii Afoter Agbo was sued in his capacity as the Greater Accra Regional Minister and a State figure hence must be represented by the Attorney General and not by a private Counsel, herein Lawyer Ayikoi Otoo.
However, the Court at its last sitting upheld the objection raised by the Plaintiff’s lawyer and ordered that Nii Afotey Agbo gets a right representation at the next adjourned date.
Meanwhile, during yesterday April 6, 2016 hearing, a new lawyer who is representing the Regional Minister from the Attorney General’s department was relying on the previous documents and Affidavits prepared by Lawyer Ayikoi Otoo.
This development however, attracted, again another objection from the Plaintiff’s lawyer, Frank Davies who was of the view that in so far as the Defendant, Afotey Agbo, is now being represented by a new lawyer, it is right, per the court processes that the new lawyer will file new procedures on his client’s behalf and not to rely on the previous filings which were made by the previous lawyer who was eventually withdrawn from the case.
Although the Court was ready to see action from both parties, the objection from the Plaintiff’s lawyer resulted in an adjournment to allow Nii Afotey Agbo’s new Counsel to file the necessary Affidavit and papers on behalf of his client.
The Case was then adjourned to April 14ase was then adjourned to April 14, 2016 with the Plaintiff’s lawyer ordered to file her papers before or by April 10, 2016.
The said Contempt Application proceedings was brought against the Greater Accra Regional Minister, Nii Laryea Afotey Agbo, the Attorney General and the IGP by Kwadwo Asante Boateng for obstructing an order of a High Court over some parcels of land at Amarhia.
The case which has been ongoing over the past few months has seen the Regional Minister sued together with the Inspector General of Police, Mohammed Ahmed Alhassan and the Attorney General at the Land Court Division of the Superior Court for Contempt.
Kwadwo Asante Boateng filed the case against the Defendants on 26, July 2012 over some parcels of land, and pursuant to terms settlement duly executed and filed on 26, February 2013, before His Lordship Justice Alhaji Abdullah Iddrisu on 20th March 2013, entered consent judgment on basis of the terms of settlement as adopted and filed.
It was stated that on 10th July 2013 he filed a Motion on notice for an order of Writ of Possession which His Lordship Justice Bright Mensah granted and the writ of possession issued on 27th November 2013.
Meanwhile, Kwadwo Asante Boateng stated that, on 28th November 2013, a letter from the Office of the Judicial Secretary signed by the Second Deputy Judicial Secretary, Samuel Boakye-Yiadom and addressed to the Director General of the Police Legal Directorate of the Ghana Police Service of a request to detail armed policemen to assist the Deputy Sherriff officers attached to the High Court execute the order for Writ of Possession.
He also noted that on January 10, 2014 the Regional Police Commander forwarded a copy of the writ of possession ordering demolishing of unauthorized structures on a parcel of land situated at Amrahia on his behalf to the National Security Coordinator and the Regional Minister.
According to the Plaintiff, Kwadwo Asante Boateng although this letter was forwarded to these people, (Defendants) with an articulate instruction that “the police had no option than to assist in the execution or else be cited for contempt,” the Defendants, including Afotey Agbo and Mohammed Ahmed Alhassan, have flagrantly snubbed the letter and hence failed to allow the court order to be executed.
The Plaintiff stated that in view of the delays with the execution of the court order, the writ of possession elapsed and he was compelled to file another motion ex-parte for an order to issue a writ of possession on November 7, 2014 which was also granted by His Lordship Justice Anthony Oppong, which was also granted and parties made aware.
But, the Defendants/Respondents have failed to assist in the execution of the court order since they did nothing to help with the execution of the writ of possession although they, Afotey Agbo and Mohammed Ahmed Alhassan have been assisting in the execution of similar orders.
The development, he stated have given rise to the emergence of land guards on the land, who are believed to be brought her by Nii Ashong Kojo III, making it difficult to take possession of his land.
Kwadwo Asante Boateng has in the light of the development, prayed the court to grant his pleas to ensure the sacred culture of fairness, impartiality, dignity and unflinching tradition to protect the rights of the individual.
Source: New Crusading Guide
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