There was heavy security presence at the Koforidua High Court on Tuesday during the Court hearing of the injunction placed on the newly created Abuakwa North Municipality.
Scores of residents from Akyem Tafo transported in two buses and some commercial vehicles stormed the court to monitor proceedings.
Also present in court was the Eastern Regional Minister, Eric Kwakye Darfuor, and representative from the local government Ministry as well as chiefs from Akyem Tafo.
The case has however been adjourned to April 26, 2018 on plea of the Counsel for the applicants Godwin Kudzo Tamaklo to enable him study the affidavit in opposition filed by the respondents on Monday April 9,2018 at 2:50Pm.
In the affidavit filed in response to injunction and statement of case by the plaintiffs, the respondents vehemently opposed claims that the choice of Kukurantumi as the Municipal capital was wrongfully done.
The respondents also said the applicants action has been done in bad faith because they failed to raise their concerns and waited until the eve of the inauguration of the Assembly. Also, the respondents contend that the presumption of regularity of law passed by parliament and for that matter requirements of section 1(4) of Act 936 and Article 11(7) of the 1992 constitution were met and the Choice of Kukurantumi as Principal Office of Abuakwa North Municipal Assembly cannot be challenged adding that the Choice of Kukurantumi as Principal office of the Assembly does not infringe article 296 of the constitution as suggested by the applicants.
The respondents stated further in their affidavit that the applicants are not clothed with the capacity to initiate the legal action adding that they do not have any legal right that has been infringed or violated by the choice of Kukurantumi as Municipal Capital.
The respondents concluded that, there would be untold hardship to the Assembly and jeopardize its work should the court grant the reliefs being sort by the Applicants, but refusal of same would cause no harm to the applicants and therefore prayed the court to dismiss the applicants’ application describing it as “frivolous and an abuse of the process of Honorable Court “.
The Presiding High Court Judge James Benson said he wants to expeditiously adjudicate on the case without delay in order to ensure peace and development of the area, and therefore charged both plaintiffs and respondents to ensure that they do not cause any unnecessary delays.
Background
The Court Injunction
Two residents of Akyem Old Tafo – Adjei Boateng and Addo Sarpong secured the injunction from a Koforidua High Court on the inauguration of Abuakwa North Municipality which was scheduled on March 15,2018 over the siting of Akyem Kukurantumi as the Municipal Capital.
The plaintiffs through their Solicitor- Godwin Kudzo Tamaklo ESQ of Ayine and Felli Legal Consultancy firm in Accra are praying the court to direct the Government of Ghana to make Akyem New Tafo the Municipal capital of Abuakwa North Municipal Assembly with immediate effect.
They contend that Akyem Tafo is more qualified to be the Municipal capital than Kukurantumi considering the strategic governance infrastructure such as Electoral Commission office, the District Police headquarters, Ghana Water Company Ltd, Electricity Company of Ghana, The District Magistrate Court, a viable Market center and two Public Senior High Schools already in existence there.
Okyenehene, Nitiwul’s outburst
The action of the two residents follows series of agitations and demonstration by chiefs and residents but the overlord of the Akyem Abuakwa Traditional Council, Okyenhene Osagyefo Amotia Ofori-Panin has expressed anger over the injunction placed on the inauguration of the newly created Abuakwa North Municipality.
Outraged by the situation, the Okyenhene during his address of the first State Council meeting of the year at Kyebi in the Eastern Region Friday, March 16, questioned the locus of the plaintiffs in stalling the inauguration of the new municipality.
The action of the two [plaintiffs] to disrupt a “welcoming” government policy with a court injunction, said the Okyehene, dents the image of the entire Abuakwa Traditional Council.
“How dare you put an injunction on a government policy to make Akyem Kukurantumi the capital of Abuakwa North Municipal Assembly without petitioning the chiefs of the land? This action is a gross disrespect to the traditional council,” he fumed in Akan Language.
He thus pledged that the Traditional Council will deal with the plaintiffs for disgracing it.
He said: “Okyeman will deal with the plaintiffs, what they have done is a disgrace, the inauguration took place across the country except Kukurantumi,” stressing that the action of the plaintiffs was “share display of arrogance.”
The comment by the Overload of the Akyem Abuakwa state followed similar resentment expressed by the Defense Minister Dominic Nitiwul who chastised residents of the newly created Abuakwa North municipality over the court injunction placed on the inauguration of the new assembly by some disgruntled indigenes.
The Minister who was at Akyem Kukurantumi to inaugurate the assembly on behalf of the president became disappointed when he sighted an injunction on the exercise despite a durbar held in readiness for the ceremony.
Source: Ghana/Starrfmonline.com/Kojo Ansah
