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Sunday, January 19, 2025

Court of Appeal overturns conviction of Lomobiawe clan leaders, restores justice in chieftaincy dispute

The Court of Appeal in Accra, presided over by Justice Anthony Oppong, has overturned the conviction of Numo Moses Tettey-Gah, Numo Hunu Bafloe, Nene Tettey Limo III, and Gbordzor Abayateye, members of the Oger-We wing of the Lomobiawe clan of Ada.

The court found that the initial conviction by the Tema High Court was erroneous, leading to a miscarriage of justice. Consequently, the appeal court set aside the fines imposed on them and acquitted them of all contempt charges.

The case stemmed from a long-standing dispute over the installation of a Wetsoyi (Clan Head) for the Lomobiawe clan, which arose following the death of Nene Limo III in 2015.

The conflict escalated after David Domaley Akporyor claimed the title of Wetsoyi, despite his installation being endorsed by only one of the eight Gates of the Lomobiawe clan. The remaining seven Gates opposed his claim.

Addressing the press in Ada, the head of Abaya We of the Lomobiawe Clan, Numo Gbodzor Abayateye, explained the genesis of the legal battle.

According to him, the Lomobiawe clan has a long-established custom requiring all eight Gates to approve the installation of a Wetsoyi. Despite this, Domaley proceeded with his installation, prompting opposition from key stakeholders.

In response to the challenge, Domaley filed a contempt case in the Tema High Court against the four accused leaders, resulting in their conviction and a fine of GH₵2,500.00 each.

They were also prohibited from referring to themselves as kingmakers or participating in the installation of a clan head. The accused leaders paid the fines but filed an appeal in 2019, contesting the lower court’s decision.

After a thorough review, the Court of Appeal ruled in their favor, declaring the contempt charges baseless and stating that the fines paid should be refunded. The court affirmed that the Oger-We section of the Lomobiawe clan holds legitimate rights to the Wetsoyi stool and dismissed claims to the contrary.

“This judgment restores justice and affirms our role as kingmakers within the Lomobiawe clan,” Nene Tekpetey Dadah Tettey-Ga V stated during the press conference.

“We have gathered here today to inform the public that the charges against us have been overturned, and we have been vindicated.”

He emphasized that the decision underscores the importance of adhering to traditional customs and processes in the selection of a clan head.

The judgment also highlights the commitment of the judiciary to ensuring justice in matters involving traditional leadership.

The Chief of Ada-Foah and head of the Tettey-Ga family, Nene Tekpetey Dadah Tettey-Ga V, emphasized the need for unity and peaceful resolution of disputes within the Ada State, particularly among traditional councils and families.

He reaffirmed his rightful position as a member of the Lomobiawe Council and called for dialogue and adherence to traditional protocols to address ongoing conflicts.

According to the Chief, his installation followed the customary procedures of the Ada State, which include endorsement by the Dadah family, the Tettey-Ga Council, the Lomobiawe Council, and ultimately the Ada Traditional Council and the Paramount Chief of Ada.

Nene Tekpetey Dadah Tettey-Ga V, who is also a member of the Lomobiawe Divisional Council, emphasized that his presence at the press conference was a rightful duty as a member of the Lomobiawe Council.

Nene Tettey-Ga V expressed concerns over disputes between the Dugbartey and Dadah Gates, which he described as threatening the unity and progress of the Ada community.

He called on all stakeholders to prioritize dialogue, fairness, and respect for established chieftaincy succession protocols to resolve conflicts peacefully.

“Chieftaincy is a respected pillar of our society, representing our heritage, unity, and leadership,” he stated. “Unfortunately, disputes between the Dugbartey and Dadah Gates jeopardize this unity.

These conflicts, if left unresolved, breed division, hinder community development, and stall progress.”

He urged the seven Gates of Ada-Foah, Traditional Councils, and state institutions to engage in mediation efforts that honor historical precedents while fostering peace and cohesion.

“Our collective focus should be on promoting unity, development, and peaceful coexistence,” he added. “I call upon everyone in Ada-Foah and the Ada State to support efforts for peace and to avoid actions or statements that could escalate tensions.”

Nene Tettey-Ga V also acknowledged the critical role of the media in promoting dialogue and supporting the Lomobiawe Clan in their efforts to resolve disputes.

He encouraged community members to take responsibility for resolving family and clan disputes internally to foster an environment conducive to development.

“Let us collaborate to uphold the dignity of the chieftaincy institution and maintain harmony in the Ada Traditional Area,” he concluded.

The chief’s call for unity and peaceful resolution highlights the importance of preserving the chieftaincy institution and working collectively to ensure the growth and development of the Ada State.

It also served as a platform to clarify the facts of the case and reinforce the legitimacy of the Lomobiawe clan’s customary practices. The leaders expressed gratitude to their supporters and urged the public to disregard any misinformation regarding their roles or rights within the Ada Traditional Area.

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