REPUBLIC v. NATIONAL HOUSE OF CHIEFS, KUMASI
June 1, 2011
SUPREME COURT
GHANA
CORAM
- ATUGUBA, JSC. (PRESIDING)
- ANSAH, JSC
- OWUSU (MS), JSC
- GBADEGBE, JSC
- AKOTO-BAMFO (MRS), JSC
June 1, 2011
SUPREME COURT
GHANA
CORAM
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ATUGUBA, J.S.C:
Facts of the Case
The Appellant herein known in private life as Francis Nii Aryee Addoquaye was enstooled Ablekuma Mantse and Sempe Atofo under the Stool name of Nii Larbie Mensah IV. There was no writ/petition against his installation. As a result, his Chieftaincy Declaration (CD) Forms were duly processed by the Ga Traditional Council and forwarded to the National House of Chiefs through the Greater-Accra Regional House of Chiefs for his name to be inserted in the National Register of Chiefs. The name of the Appellant was inserted in the national Register of Chiefs on the 23rd day of May 2006 as having been enstooled on the 14th day of April 2000. Sometime in or about September 2006, Adjin Tettey who also claimed that he had been installed as Ablekuma Mantse and Sempe Atofotse under the Stool name of Nii Larbi Mensah IV filed an application for Judicial Review in the nature of mandamus directed at the National House of Chiefs to remove the name of the Appellant from the National Register of Chiefs and insert his name following his recognition by a judgment of the Judicial Committee of the Ga Traditional Council in October 1997.
When the Application came on for hearing the Learned Trial Judge ordered the Interested Party/Appellant/Appellant herein to be joined to the action. After all processes had been filed the matter was heard. The High Court, Kumasi, presided over by His Lordship K. Ansu-Gyeabour granted the Application. Being aggrieved and dissatisfied with the said Ruling, the Interested Party/Appellant appealed to the Court of Appeal. On 12th June 2009, the Court of Appeal dismissed the appeal but varied the costs of GH¢2,000.00 awarded against the National House of Chiefs to GH¢500.00. Being dissatisfied and aggrieved with the said judgment, the Interested Party/Appellant/Appellant lodged the current appeal.
Grounds of Appeal:
Following the grant of an application for Extension of Time within which to file an Appeal, the Interested Party/Appellant/Appellant filed his Notice of Appeal and set down the following Grounds of Appeal:
“a) Their Lordships in the Court of Appeal erred when they rested their
decision on a ground not set out by the Appellant before them and failed to
offer the parties opportunity of contesting the case on that ground.
b) Having found from the available evidence on record as a fact that Exhibits 1 & 2 being the Chieftaincy Declaration (C.D.) forms and Letter from the National House of Chiefs were not
AI Generated Summary
Francis Nii Aryee Addoquaye, enstooled as Ablekuma Mantse and Sempe Atofo under the stool name Nii Larbie Mensah IV, had his Chieftaincy Declaration processed by the Ga Traditional Council and Greater-Accra Regional House of Chiefs, culminating in his name being inserted in the National Register of Chiefs on 23 May 2006. Rival claimant Adjin Tettey, relying on a 1997 Ga Traditional Council judgment and asserting installation under the stool name Nii Larbi Mensah IV, sought mandamus to remove Addoquayes name and insert his own. Justice Atuguba, writing for the Supreme Court, emphasized that Article 23 of the 1992 Constitution imposes a duty of administrative fairness and reasonableness on the National House of Chiefs, modifying common-law prerequisites like prior demand. The Court held that the House should have diligently investigated the CD forms and affirmed that supervisory jurisdiction reliefs are not limited to prerogative writs. Finding no miscarriage of justice or pleading unfairness, the Supreme Court dismissed the appeal.