THE REPUBLIC v. THE NATIONAL HOUSE OF CHIEFS EX-PARTE: OSAHENE KATAKYI BUSUMAKURA III

OWUSU, JA :-.

This is an appeal against the ruling of His Lordship R.B. Batu sitting at the High Court, Sekondi, delivered on 29th day of October 2004.The Applicant/Respondent herein filed a motion pursuant to leave granted him by the court praying for an order of mandamus to compel the Respondent/Appellant herein to insert the name of Osahene Katakyi Bushumakura III, the Applicant, in the National Register of Chiefs in compliance with Section 50 of the Chieftaincy Act of 1971, Act 370.In the affidavit in support of the motion, the Applicant averred that he was enstooled as Ohene of Takoradi in the Ahanta Traditional Area in the Western Region on 1st March 2003.

That subsequently, the particulars of his enstoolment were submitted by the Ahanta Traditional Council to the Registrar of the Western Region House of Chiefs which processed and forwarded same to the National House of Chiefs for same to be inserted in the National House of chiefs Register of Chiefs. On 19th February, he further averred, his particulars were inserted in the National Register of Chiefs and that he was informed and believed this was done after the Research Committee of the National House of Chiefs had approved of the said particulars.According to the affidavit, his name was subsequently removed on the ground that the approval by the Research Committee had not gone to the Standing Committee and the full house of the National House of Chiefs before the insertion.Contending that the insertion of names in the National Register is a mere formality and administrative, he averred that his name should not have been removed from the Register, as he was still the chief of Takoradi.

Thus his prayer to the court below for an order to compel the House to re-insert his name.Attached to the motion paper and affidavit are Exhibits A and B, Extracts from the National Register of Chiefs and letter from the National House of Chiefs headed Cancellation of Extracts Nana Akosua Mfrasie II and Osahene Katakyi Bosomakora III respectively.In the affidavit in opposition, the averments contained in the Applicants affidavit were not in substance denied.

The insertion of Applicants name and subsequent cancellation were admitted except that the Deponent, F.E. Nuamah, Registrar of the National House of Chiefs denied that insertion of names in the National House of chiefs is a mere formality and administrative.In further denial, he averred that the National house of Chiefs has established and operates a procedur