The legal tussle between Nii Laryea Afotey Agbo, Greater Accra Regional Minster, and businessman Kwadwo Asante Boateng is far from over.
This time round, fresh evidence is emerging that an affidavit the minister, nicknamed ‘Lion,’ used for his defence in the case was not sanctioned by his father, one Otu Akwetey, on whose behalf he had mounted the action.
According to Asante Boateng aka Kwadwo Baah (Plaintiff), a livestock farmer, Afotey Agbo could not have been instructed by his father who has been indisposed since 2009.
He claims the document the minister had used in appealing against the current case before the Court of Appeal could not have been done based on the instructions of Akwetey but rather he, Afotety Agbo, instructed his lawyer, Ayikoi Otoo, to file the document on his (Afotey’s) behalf.
The Plaintiff alleged that there was no affidavit attached to the suit, neither was it signed by Mr Akwetey in whose name the minster purportedly acted.
Interestingly, a high court judgement on which the minister relied in the instant case went against him and a cost of ¢450 awarded against him in a suit numbered L 326/75 dated July 19, 1980.
However, in a second case against the University of Ghana (default judgment), judgement was entered for 670 acres of land but he was said to have frequently had a total of 14,405.28 acres plotted in his favour.
Mr Kwadwo Baah further insisted that although the land had been plotted at the Lands Commission as Stool Land, it is being alienated as family land and also being registered at the Lands Title Registry.
Currently, the Plaintiff is back in court challenging another high court ruling clearing Afotey Agbo and Inspector General of Police (IGP) John Kudalor of contempt.
Mr Baah in his latest action is asking the court to set aside “the whole ruling of the learned high court judge…and a ruling given in favour of the Appellant.”
Justice Mensah on June 23, 2016 threw out a contempt of court motion filed by the Appellant to incarcerate the two for refusing to carry out a demolition exercise in respect of a land case he had won.
The two appointees were dragged before the court for refusing to execute an order for writ of possession over parcels of land which was a subject of litigation.
In the view of the judge, it was most unfair to convict the minister as well as Kudalor for contempt, although it was not in doubt that Mr Kwadwo Baah had secured a judgement from the court which had yet not been executed.
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