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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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