Sebastian Agbo, the Registrar of the Land Division of the High Court in Tema, has been relieved of his duties by the Judicial Service due to his participation in fraudulent activities.
The dismissal, effective as of May 18, 2023, was officially announced on Wednesday, June 7, 2023, by Justice Cynthia Pamela Addo, the Judicial Secretary.
The public and staff of the Judicial Service have been explicitly cautioned against engaging with Mr. Sebastian Agbo, as he no longer holds a position within the Judicial Service.
“Mr. Sebastian Agbo, formerly of the Land Court in Tema, was dismissed from the Judicial Service of Ghana on May 18, 2023, for fraudulent preparation of thirty (30) Court orders, a serious offense as stipulated in Section 37(a) of the Conditions of Service for Senior and Junior Employees of the Judicial Service. It is important to note that Mr. Sebastian Agbo no longer represents the Judicial Service. Therefore, anyone who deals with him does so at their own risk. Please take this advisory into account,” the statement declared.
According to the Daily Graphic, the Supreme Court has referred a case involving the estate of a deceased pastor to the Chief Justice for an investigation into the conduct of the judge and a Court Registrar connected to the case.
In a unanimous decision on Tuesday, June 6, 2023, a five-member panel of the apex court, headed by Justice Jones Dotse, stated that the background of the case tarnishes the integrity of the judicial system.
The court, through this referral, has called upon the Chief Justice to probe Justice Emmanuel Ankamah, who presided over the case at the High Court in Tema in 2022 but now serves as a Justice of the Court of Appeal, as well as the former Registrar of the High Court in Tema, Sebastian Agbo.
“In our collective wisdom, we consider it appropriate to refer this case to the Chief Justice for further investigations into the conduct of the learned trial judge and Sebastian Agbo, the former Registrar of the High Court in Tema, who was in charge during the occurrence of these disgraceful affairs. This investigation should encompass all officials who played a role in this shameful incident,” stated the court.
This ruling serves as the farewell judgment of Justice Jones Dotse, who retires on Thursday, June 8, 2023.
The other Justices on the panel included Avril Lovelace-Johnson, Issifu Omoro Tanko Amadu, Henrietta Mensah Bonsu, and Emmanuel Yonny Kulendi.
Certiorari Application
The referral to the Chief Justice by the highest court in the country follows the granting of a certiorari application that nullified the decision of Justice Ankamah, which dismissed a caveat contesting the letters of administration for the distribution of properties in the estate of the late Rev Emmanuel Dorgbadzi.
A caveat is a legal document filed in court to prevent the proposed executors or administrators of a deceased person’s estate from obtaining permission to manage the assets of the estate.
Justice Dotse, delivering the judgment, emphasized that Justice Ankamah failed to grant the caveators a hearing before dismissing the caveat, thereby violating the principles of natural justice.
The court’s opinion was that the available evidence indicated that the case was not scheduled for a hearing, but it was surprisingly heard without the caveators’ knowledge. The presiding judge struck out the caveat for want of prosecution and granted the letters of administration to the interested parties.
Justice Dotse remarked that the irregular manner in which the case was handled suggested that the presiding judge “seemed biased against the applicants.”
Furthermore, the court questioned why Justice Ankamah dismissed the caveat when the issues raised in it were of significant importance, as they raised doubts about the capacity of the parties who filed the letters of administration.
“It is evident that the applicants herein presented an affidavit that raised serious issues of fact and law concerning the priorities of granting the letters of administration. In light of this, the trial judge should have been cautious in casually dismissing this caveat,” stated the court.
In addition to nullifying the decision of the Tema High Court, the Supreme Court has also barred Justice Ankamah and the Registrar of the High Court from any involvement in the case.
Undervaluation
The Supreme Court further questioned the valuation of the properties listed in the letters of administration, describing them as undervalued and misleading.
For instance, the letters of administration valued a hospital in Obuasi at GH¢60,000, a school in Obuasi at GH¢35,000, and a house belonging to the deceased in Tema at GH¢30,000.
As a result, the Supreme Court has referred the interested parties in the certiorari application, who filed the letters of administration at the Tema High Court, as well as their lawyers, for investigation.
“We also advise and urge the Honorable Chief Justice to initiate investigations into the apparent scheme by the interested parties to undervalue the estate of the deceased. The learned counsel who applied on behalf of the interested parties should explain the basis for the valuation of the properties in question,” added the court.