Koforidua High Court ruling absolves Abomasarefo chief

By Bertha Badu-Agyei, GNA

Koforidua, Aug. 2, GNA - A Koforidua High Court presided over by Justice Henry Kwofie, has absolved Nana Anku Dododza Didieyie, chief of Abomaserefo in the Kwahu-Afram Plains North District from forgery of colonial documents to claim ownership of the Abomaserefo lands.

In effect, the High Court has discharged him from all four counts including forgery of colonial documents, possessing forged documents, altering forged documents and deceiving a public officer contrary to sections 159,166 169 and 251 respectively of the criminal offences act 1960(Act 29).

According to the facts of the case, the grandfather of Nana Anku Dododza Didieyie, known as Kwaku Didieyie was brought from the north and was later assimilated into the Asiedu Boafo Bretuo family and made overseer of the Abomasarefo village.

In 1990, being a descendant of Kwaku Didieyie, he was installed as the Odikro of Abomasarefo by an agreement signed between the Kwahu-Brukruwahene and the accused persons when the position became vacant.

The prosecution said a year later, the chief petitioned the Kwahu traditional council to claim the Abomasarefo land from the Bukruwah stool.

This was after they found some colonial documents indicating that his great grandfather Kwaku Didieye bought the land and therefore owned the entire Abomaserefo land which constituted two-thirds of the entire Afram Plains land space.

A committee of enquiry was set up by the traditional council and based on that, the traditional council ruled that indeed the Abomaserefo land belonged to Kwaku Didieyie.

However, the traditional council was not happy with the ruling and hence, the litigation began in 2002. 

In reading the judgement at the High Court on Monday, Justice Kwofie, the presiding judge said, “I have come to the conclusion that the prosecution has failed to discharge the burden placed on it by section 13 of the evidence Act 1975 to prove the guilt of the accused person beyond reasonable doubt”.

He said the proceedings were very extensive and a plethora of exhibits were carried in a “Ghana must go” bag, the written address of the prosecuting state Attorney Nana Gyankuma-Sakyi spanned 55 pages whiles that of counsel Mr Dan Afari-Yeboah, was 124 pages.

Justice Kwofie said the case which has a chequered history and gone through several judges, is the most difficult and complex case “I have handled in my 19-yerar career on the bench and it has taken me over a year to deliver this judgment after the conclusion of the case”.

GNA

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