The Judicial Committee of the Greater Accra Regional House of Chiefs, has affirmed Nene Dame Agbewornu II as the chief of Sege Nakomkope.
This was after restoring and setting aside an earlier judgement by the Judicial Committee of the Ada Traditional Council.
The Committee, in its judgement in an appeal case on April 30, 2024, a copy of which is available to the Ghana News Agency, set aside the November 24, 2020, judgement of the Ada Traditional Council and restored an earlier judgement from the council on June 7, 2012, which was entered in his favour as chief of Sege Nakompe.
The chief, together with one other, appealed against the setting aside of the June 7, 2012, ruling, which was based on reasons that the said judgement was “procured or obtained by fraud.”
The Judicial Committee of the Greater Accra Regional House of Chiefs, chaired by King Professor Odaifio Welentsi III, noted that Mr Gideon Dame Agbewornu, the first plaintiff, was a member and elder of the Agbewornu gate of the Lomotey We, which is not in dispute, stating that with his position, he would be clothed with the capacity to assert the legal and customary right of the Agbewornu gate to occupy the Sege Stool based on a report made to the Lomobiawe tribe by Agbator Sewu in respect of the rotational occupancy of the Sege Stool.
The committee further stated that it is a well-known rule of evidence that when fraud is alleged, even in civil proceedings, it must be proved beyond reasonable doubt, adding that the standard of proof beyond reasonable doubt is codified under the Evidence Act 1975 (NRCD 323) in Section 13(1), indicating that there was no evidence on the record of appeal to suggest that the Judicial Committee of Ada Traditional Council was influenced, swayed, or deceived by the description of Nene Agbewornu, the chief of Sege, among other issues.
“The Committee’s order to the Agbeowornu gate to present Nene Agblorwornu II as the next chief of Sege can also not be said to be a fraudulent act perpetrated by the Plaintiffs therein,” it indicated.
It added that “for the foregoing reasons, the appeal succeeds, and same is accordingly allowed. The judgement of the trial judicial committee dated 24th November 2020, as well as the costs are hereby set aside, and we enter judgement for the Defendants/Appellants. The judgement of the judicial Committee of the Ada Traditional Council dated 7th June 2012 is hereby restored.”
It also awarded costs of GHs15000.00 in favour of the Defendants/Appellants and against the Plaintiffs/Respondents.
GNA
LS/AD
Caption: TM114 Chief Pic 1
