Supreme Court quashes senior police officer’s power of attorney case involving land dispute

The conclusion of a significant property fraud conspiracy case at the Supreme Court of Ghana has resulted in a senior police officer, Assistant Commissioner of Police Akolgo Yakubu Ayamga, ending up at the center of the controversy. Back on October 25, 2022, His Lordship Justice Dr Richmond Osei Hwere J ruled on an application filed by Ayamga, who claimed ownership over a lavish beachfront property in Busua. Ayamga alleged that he procured the property from one Ms Evelyn Korklu Laryea, the ex-girlfriend of the property’s original owner, Bram Rodenburg.

The focal point of the judgment was the power of attorney that had originated abroad yet was notarised in Accra. However, the court decreed that only Georgina Eghan’s power of attorney was legitimate, as opposed to Ayamga’s, which was deemed invalid due to its origins overseas. Ayamga, alleging to have purchased the property, managed to legally switch ownership to his name at the Lands Commission and subsequently petitioned the High Court, directing the Agona Nkwanta Police to remove the squatter from the property so he could possess it.

Upon being notified of these proceedings, the actual owner of the property, Bram Rodenburg, became an interested party in the case, denying that any power of attorney had been granted to his ex-girlfriend (Laryea) for the property’s sale. The High Court was convinced that Rodenburg had suitably granted a Power of Attorney to Georgina Eghan and thus, she rightfully acted on his behalf during the legal proceedings.

The case took a turn in the case of Evelyn Korklu Laryea, who sold the property to Ayamga, when the court found her power of attorney to be irregular, thus fraudulent. This led to a nullification of all transactions sprouting from it, and the court ordered the Lands Commission to remove Ayamga’s name from the deeds register. It was explicitly stated that anyone granting a Power of Attorney must do so before an authorised court officer.

Attorney Dr Justice Srem-Sai represented Ayamga in the court case while the legitimate owner, Rodenburg, was represented by Constantine KM Kudzedzi. Following the judgment, the court also awarded GH¢8000. Ayamga’s case highlights the necessity of strict adherence to power of attorney regulations to avoid legal complications and potential fraud.