Ho Court grants certiorari application

Ho, Oct. 24, GNA- A High Court Judge, Mr Justice Richard Apaloo on Thursday advised Togbe Noagbesenu III Fiaga of Awate Traditional Area and his Kingmakers to ensure that peace prevailed for development in the area.

Mr Justice Apaloo gave the advice when he upheld a certiorari application by the Fiaga of Awate to quash his purported destoolment by 16 Kingmakers and Chiefs on April 16, this year.

He told Togbe Noagbesenu, "you have a greater responsibility, if not you will be responsible for the consequences which will flow directly from the omission".

Mr Justice Apaloo in his ruling said he had to maintain the "status ante", "without stepping on toes".

He said the court's decision was not meant to create a wedge between Togbe Agbe IV Chief of Awate Dzigbe and leader of the 16 Chiefs and Kingmakers and the Fiaga.

"I am grateful", replied Togbe Agbe.

"Are you sincere", Justice Apaloo asked, "Very", replied Togbe Agbe. No costs were awarded and both parties were ordered to leave quietly without any jubilation.

A total of eleven charges were preferred by the kingmakers against Togbe Noagbesenu, which included alleged biased judgement, double standards, immoral behaviour and causing the dismissal of citizens from the traditional area from their employment.

Mr Justice Apaloo observed that Chieftaincy matters were becoming too many in the Volta Region.

Explaining the court's decision, Mr Justice Apaloo said the processes adopted by the Kingmakers in destooling Togbe Noagbesenu were not in accordance with natural justice and common law practice and principles in such matters.

He said resorting to customary practices alone in effecting the destoolment of Chiefs was insufficient in modern times, as customary practices have been influenced by requirements of Common law practices and fundamental human rights.

Mr Justice Apaloo said though Togbe Noagbesenu could be destooled for allegedly refusing to appear before the Kingmakers to answer charges against him, all available means including communication through the post and advertisements ought to be used to get him to know his fault and defend himself.

Mr Justice Apaloo said that omission infringed on Togbe Noagbesenu's right to be heard as provided in article 142 (2) of the 1992 Constitution.