There was confusion at the Koforidua High Court (1) after plaintiff in a land dispute denied authorizing his counsel to file motion for an order to strike out application for revocation of Power of Attorney.
The 1st Plaintiff who is Chief of Aburi Gyankama Nana Kwadwo Ntow also accused the counsel Gabriel Odame Adufu Esq of forging his signature beneath the motion and affidavit in support.
Gabriel Odame Adufu Esq is the counsel for plaintiffs Nana Kwadwo Ntow (Chief of Aburi Gyankama) and Nana Oforiwaa Amoakoaa II the queen mother in a suit initially filed against Adu Kwaku and 13 others all members of Ayoko family at Gyankama over a large tract of land.
The family later agreed to withdraw the case before the court and resolve the dispute amicably.
For this reason, Nana Kwadwo Ntow filed an application with accompanying affidavit in support on April 29,2021 to revoke the power of Attorney he gave to Nana Kwabena Osae Abotow II, the Amankrado who is also a family member to represent him in court due to his ill health.
However, Gabriel Adufu Esq without the consent of the Plaintiffs filed a motion on notice to strike out the application for the revocation of the power of Attorney.
Excerpts of the motion on notice and affidavit in support filed by the Counsel supposedly on behalf of the 1st Plaintiff stated that “Nana Kwabena Osae Abotow II and Myself (Nana Kwadwo Ntow -1st Plaintiff) are both members of the Ayoko Family. That even without the power of Attorney, Nana Kwabena Osae Ntow II, as my Amankrado and customary assistant could testify on his own in the case.
“That, as a result of his in-depth knowledge about our family land and my poor health, I gave him the Power of Attorney to act for me in the case .That I have of late come under intense pressure from my Children and other persons who are not in good terms with Nana Osae Ntow II to revoke the power of Attorney which I gave to him.
That my children and others threatened to beat me up if I do not sign the revocation of the power of which they prepared and brought to me to sign. They also urged me to sign its accompanying affidavit as well. That under duress and intense pressure, I signed the processes “.
The alleged fake affidavit in support of the motion continued that “Other members of the Oyoko family are annoyed with me as they regard what I signed as a great betrayal of the family because the land is not my personal property and could have dire consequences also on the family and my position as chief of Gyankama”
It concluded that “I am advised by my Counsel and verily believe same to be true that the revocation of Power of Attorney is defective document. That I am advised by my counsel and verily believe same to be true that the process used in filling the Revocation of Power of Attorney and the Affidavit in Support is not an approved procedure .That under the circumstances I pray that the document entitled: Revocation of Power of Attorney and Affidavit in Support be struck out as I was forced to sign them under duress. Wherefore I swear to this affidavit in support of my motion to strike out the documents“.
The Chief of Gyankama upon tip-off about the disingenuous attempt to move the motion seeking to strike out the revocation of the power of Attorney on Friday, May 14,2021 at the Koforidua High Court was taken from his sickbed by other family members to the Court to denounce the motion.
The Judge adjourned the case to July 2, 2021.
After the Court proceedings, the angry family members who followed the plaintiffs confronted the Counsel at the precinct of the court and verbally attacked and threatened to cause his arrest for forgery.
Speaking to the media subsequently, the Chief of Gyankama said he suspects connivance between the Amankrado and the counsel stating that, “ I don’t know anything about the motion and affidavit in support seeking to strike out the Revocation of the Power of Attorney I filed earlier. I am not illiterate. I can read, write and sign but I didn’t sign this. I didn’t give consent to the Lawyer so my signature there is fake.
The Plaintiff has lodged a formal complaint over the alleged forgery at the Central Police station in Koforidua.
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