The Sogakope High Court has directed applicants of suits brought before it by the Anloga Progressive Youth for Development (APYAD), and the Anlo Traditional Council (ATC) to file appropriate pleadings for the case to take its full course.
The court presided by Justice Daniel Mensah said after considering submissions of both parties, it would be prudent to go into the merits of the case as to whether the plaintiffs have the capacity to sue or not.
According to the court, the interlocutory injunction filed by the defendants to dismiss the accountability motion filed by the plaintiffs was premature.
Justice Mensah said the relief sought by the plaintiffs has nothing to do with the Hogbetsotso Za, as such there was no injunction on the celebration of the festival.
Earlier, the High Court set November 2, to rule on the two applications brought before it by the Anlo Progressive Youth for Accountability and Development (APYAD) and the Anlo Traditional Council (ATC).
The APYAD want the court to cause the Anlo Traditional Council to render accounts of proceeds of the Hogbetsotso Za from 2011 till date.
The APYAD is also demanding full disclosure and order for the accounts of all monies raised in 2020, and seeking an order for forensic audit of the Hogbetsotso Za of 2022 by a reputable audit firm.
The group is demanding a refund of all monies deemed to have been appropriated during the said period.
However, the defendants, the traditional council, filed an affidavit in opposition to dismiss the entire writ of summons on grounds that the applicants lacked the capacity to initiate the instant action.
Counsel for the defendants, Gershon Gunu, stated that at this year’s General meeting of Chiefs of the ATC, held on September 8, 2023, the local planning committee presented accounts and the auditor presented his audit report, and that the record could be found on the Traditional Council notice board.
The defendants told the court that the Hogbetsotso Local Planning Committee was only accountable to the ATC, but not to individuals and those who needed information on the accounts of the Hogbetsotso Za could go to the ATC notice board.
Mr Gunu said the plaintiffs have no case in law and in equity, since they lacked the capacity to bring the action.
Mr Gunu told the court the plaintiffs would not suffer any hardship or irreparable damage, if the application was not granted, since the Local Planning Committee was not accountable to them.
He told the court that the status quo to preserve is rather for the ATC to continue to hold on to its cultural values and belief system, and teach the applicants how Hogbetsotso Za is organised, celebrated and who accounts are rendered and to, so that this frivolous suit would not happen in future.
The plaintiffs Ahialengor Albert and Atsu Tetteh have sued for themselves and on behalf of APYAD. The defendants are, the Awadada Awusu Agbesi II, Torgbi Zewu III, Gas Ladzepko, Cilas Aidam, Dam Abodakpi and Agbotadna Kumasah.
BY LAWRENCE VOMAFA-AKPALU
