Dr Kells and Blay-Miezah's Will

BASED on information gathered from a late blood relation, in his death bed, and himself a private and confidential secretary and a beneficiary of the late Dr John Ackah Blay-Miezah, this contribution is intended to throw more light on the unexpressed or the controversial Will of Dr Blay-Miezah resulting in the May 20, 1997 judgement.

The outcome of the debate on the controversial Will shows the extent to which materialism can drive most Ghanaians and their accomplices over issues on Wills. And when a Ghanaian in his or her anxiety and exuberance fails to grip the spirit and the objectives of a testator, then you could imagine the great distortion a court of law may be burdened with and the havoc and tragedy that can be created for beneficiaries and their dependants.

The late Dr John Ackah Blay-Miezah, alias Nana Ackah Nyanzu II, stayed mostly in the United States of America and in particular, in the city of Philadelphia. He was a man who had less personal animosity, even before he became rich. So he was liked by people especially African-Americans in the city of Philadelphia. And these people co-operated with him as their brother. They shared not only meals but also ideas on progress of the blackman. Co-operation in effort took place.

The late secretary who was predeceased two years by his boss and employer, Dr Blay-Miezah, disclosed that Oman Ghana Trust Limited was established by the late Dr Blay-Miezah to benefit not only his relations and deserving personal friends but also the Government and the people of Ghana. It is confirmed that the estate must be administered to beneficiaries including holders of genuine cheats (or pay vouchers) issued by Dr Blay-Miezah himself; and the Government of Ghana, which must have US$15.1 billion. By the genuine Will, the Ghana Government was mandated to use its share of the estate for construction and rehabilitation of roads in all parts of Ghana; education and health services; and importing food for Ghana. Indeed, a man touched emotionally by the often unperceived hunger among some sections of Ghanaians.

That Dr Ako Adjei was made an administrator of Dr Blay-Miezah's Will should be known to the testator's newly wedded cousin. The genuine Will of the late Dr Blay-Miezah provided that after disposal of his estate, the residue should be used to develop his hometown after the model or pattern of Philadelphia in the United States. Even one of his Philadelphia friends was in Ghana and interacted intimately with him before he died. This friend has made plans to assist development effort in selected villages in Ghana.

It is surprising and saddening that prior to the courts declaration on May 20, 1997, a new scenario had already developed about the administration of a Will. Things eventually were at every sitting of the court. The Dr John Kells mentioned as the sole administrator of Dr John Ackah Blay-Miezah's Will has never been seen on several trips to Europe by the parties. It is doubted whether such a Dr Kells exists, and if he does, whether he is a willing administrator.

The genuine Will of Dr Blay-Miezah is yet to be proved and ascertained. Without prejudice, the questions are: Where and when was the Will adopted in the court's declaration of May 20, 1997 in Accra written, signed, registered, deposited and by whom was it first retrieved? Is it not true that one of the parties in contention against the Will for which Dr Ako Adjei is the administrator had earlier come across that same Will? Capitalising on known weaknesses of either the testator or somebody else is suspected.

A testator's testamentary capacity must be beyond doubt. Benefit that should accrue to any beneficiary of a Will must be the wish and objective of only the testator, not of an executor, administrator or anybody else. And no party else is permitted to effect changes in a Will devoid of factual or technical errors.

The estate of Dr Blay-Miezah must be administered in a way that enables all beneficiaries and holders of genuine documents contingent on his Will to benefit honourably. The wife, children, nephew and others deserve no rough deal. We should as a nation learn to avoid creating unnecessary and immoral obstacles for our courts of law. Enough of greed and materialism. Graphic