The Burial of Togbe Awuya II; Back and forth of events, the inside story
The late Togbe Awuya II of Awuyakope
Public reports available have confirmed that, there is a long standing back and forth of events regarding the burial of the late Togbe Awuya II of Awuyakope in the South Tongu District of the Volta Region, Ghana.
It beats the imagination of many citizens including some key family members why the mortal remains of the late Togbe Awuya II is still lying in the cold morgue for many years.
According to reports, the sudden demise of Togbe Awuya II occurred on the 16th day of June, 2018 and his mortal remains was deposited at the Richard Novati Comboni Catholic Hospital, Sogakope by the family.
For the past three years of resting in “cold water” at the morgue, it appears there is no headway on the final funeral arrangements and possible burial of Togbe Awuya II due to supposed and reported Chieftaincy rivalry among certain personalities in the family and outside the family.
Reports also suggested that, the delay in the burial of Togbe Awuya II is attributed to legitimacy and jurisdiction of the Awuya stool, which was challenged by some individuals cited in a law suit and petition.
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The delay in performing an immediate burial and funeral rites of the late Togbe Awuya II in order to avoid further accumulation of unnecessary expenses among others is said to be averting the psychological trauma the widows, children and the families are passing through by the remains of their late father, Chief still being kept in the morgue.
This issue has been in the dark for many years until a recent clash between a group of family members and some personalities leading to an attack on some elders and family members, some of which are still on admission receiving treatment.
According to a Writ of Summons in the Superior Court of Judicature in the High Court of Justice Sogakope, A.D 2021, the plaintiffs David Awuya and Divine Awuya said, the Defendants James Awuya from Awuyakope, James Agbalenyo from Dorkploame, Togbe Abordor VIII from Lakpo-Zome and Alfred Agbesi Woyome from Dabala in order to carry out their vow employed other extra judicial means, on the 29th, 30th September, 2021 and 1st October, 2021, mobilizing youths from surrounding villages of Awuyakope, who were armed with guns, cudgels, cutlasses, and other offensive weapons prevented the funeral of the late Togbe Awuya II from going on.
They added that, the Defendants either by themselves or their agents vandalized the canopies and chairs Arranged purposely towards the funeral on the funeral ground, besides they violently attacked and assaulted people who were invited for the funeral, some of the victims of the Defendants’ act are currently on admission at the Hospital while others have been treated and discharged.
PHOTOS OF SOME OF THE ATTACKED PERSONS ON ADMISSION.
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According to the plaintiffs, the Sogakope Police Service upon seeing the violence being perpetrated by hooligans deployed by the Defendants advised that the funeral be put on hold until a restraining Order is procured against the Defendants herein.
READ THE STATEMENT OF CLAIM BELOW
In a law suit intercepted by Coverghana.com.gh, Lawyer Awuku Atakli Esg. of KPATSA and ASSOCIATES on behalf of one Mr. David Awuya (Head and Lawful Representative of Togbe Awuya II family, Awuyakope) and Mr. Divine Awuya all plaintiffs have file a case at the Sogakope High Court against four defendants thus; Mr. James Awuya from Awuyakope, Mr. James Agbalenyo from Dorkploame, Togbe Abordor VIII from Lakpo-Zome and Mr. Alfred Agbesi Woyome from Dabala.
The plaintiffs in a the suit at the Sogakope High Court are seeking for the following reliefs against the defendants:
1. A declaration that, under the circumstances of the larger Awuya Family neglecting or refusal to perform the final funeral rites to bury the late Togbe Awuya II, the plaintiffs are entitled by custom and law under neccisity to perform the final funeral rites of the late Togbe Awuya II and duly bury him.
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2. An order declaring the conduct of the Defendants’ interference in the final funeral rites of the late Togbe Awuya II as reprehensible and unlawful.
3. An order directed at the Defendants’ to stop them from interfering in the funeral rites and burial of the late Togbe Awuya II.
4. An order allowing the plaintiffs to go ahead with the funeral rites and burial of the late Togbe Awuya II as same in ongoing.
5. An order of perpetual injunction restraining the Defendants, their agents, workmen, privies etc. from interfering in the functions and affairs of the plaintiffs and children of the late Togbe Awuya II.
6. Damages for the cost of chairs, canopies, food and other properties of the plaintiffs amounting to approximately Hundred Thousand Ghana Cedis (GH¢100,000.00).
7. Cost, including solicitor’s fee.
WRIT OF SUMMONS SERVED ON DEFENDANTS JAMES AWUYA, JAMES AGBALENYO, TOGBE ABORDOR VIII, ALFRED AGBESI WOYOME
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AFFIDAVIT IN SUPPORT OF THE SUIT
Meanwhile, ahead of the final funeral rites, a group of elders of Awuya Family have Petitioned the Sogakope Divisional Police Command requesting to retrieve the body of the late Togbe Awuya II described in their petition as “Dumega Jacob Awuya” from Fieve Clan.
According to a group of elders, they have delegated some of their family members to convey the corpse to mortuary, at the mortuary, some elders from Fieve Confronted their delegates claiming that the corpse belongs to them. They listed Zikpuitor Awuku Atakli and Torgbui Kavi as persons identified in the act.
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READ BELOW THE JOINT PETITION FROM SOME ELDERS OF AWUYA FAMILY TO SOGAKOPE DIVISIONAL COMMANDER REQUESTING TO RETRIEVE THE BODY OF THE LATE TOGBE AWUYA FROM CLAN.
Information picked also confirmed that, the case has traveled through the Dabala Magistrate Court for which a judgement was given on the subject matter. The ruling given by the judge, His Worship John Evans Ocran at the Dabala Magistrate Court has refused and dismissed the application brought to the court restraining the party who formed the Funeral Planning Committee towards the burial of Togbe Awuya II.
MOTION OF EX-PARTE FOR AN ORDER OF INTERIM INJUNCTION
READ BELOW THE COURT PROCEEDINGS AND RULING FROM THE COURT
FIRST COURT PROCEEDINGS BETWEEN JAMES AWUYA & ANO, AND ZIKPUITOR AWUKU ATAKLI & ANO
RULLING FROM THE DABALA DISTRICT COURT PRESIDED OVER BY HIS WORSHIP JOHN EVANS OCRAN ON CASE BETWEEN JAMES AWUYA & ANO, AND ZIKPUITOR AWUKU ATAKLI & ANO
COURT PROCEEDINGS ON A CASE BETWEEN ALFRED AGBESI WOYOME & 2 ORS AND AWUKU DOE ATAKLI & 2 ORS AT THE DABALA DISTRICT COURT BEFORE HIS WORSHIP JOHN EVANS OCRAN
SOURCE: Coverghana.com.gh
