Nii DOWUONA IS OSU MANTSE
• Court rules
By: LAWRENCE MARKWEI
Okweso Kinka Dowuona VI has won a major victory at a Kumasi High Court in his bid to gain recognition as the substantive Osu Mantse.
Justice Kwame Ansu-Gyeabour, presiding over the court, rules on Monday to set aside a request brought before him by Nil Nortey Owuo ill, a rival chief to the Osu Stool to have his name reinstated in the National House of Chief register.
Nii Owuo, in his plea which commenced on September 2, 2008 had sought a judicial review order of mandamus requiring the National House of Chiefs to restore his name to the National Register of chiefs in his capacity as the reigning Osu Mantse.
In the said application, he also sought the court to discharge him free from being described as having been destooled by the withdrawal of government recognition in August 1986.
These decisions by the court were made known to the media yesterday by Nii Dowuona who was attached to the suit as an interested party. He made certified copied of the ruling available to the press.
According to a copy of the judgment, Justice Ansu-Gyeabour said the administrative duty of the Registrar of the National House of Chiefs and its supporting staff had a statutory duty to record the particulars of a chief in a National Register of Chiefs.
He said though Nii Owuo’s name was recorded in the Register on June 5, 1986 and gazzetted by
Local Government Bulletin of June 20, 1986, that recognistion was subsequently removed on
August 15, 1986 which led to the removal of his name from the Register?
Justice Ansu-Gyeabour said the two documents, - Local Government Bulletin of August 15, 1986 and Executive Instrument 31 of 1992 — which de-recognised Nii Owuo as the Osu Mantse, had not been revoked and for that matter remained in force.
He said under the circumstances, the National House of Chiefs had the duty to update its records to reflect the change that occurred in the status of as the Osu Mantse.
Justice Ansu-Gyeabour said by the 1992 Constitution of the Republic of Ghana, the court had no authority or power to do anything about the two statutes which withdrew Nii Owo’s recognition as Osu Mantse since both had not been repealed.
“I am satisfied that the two statues throw spanners into the case presented by the applicant been cause the duty imposed on the National House of Chiefs to maintain and record the names of chiefs is derived from a statute”, he said.
He said it was the withdrawal of the government recognition on August 15, 1986 that led to the delegation of the applicant’s name from the National Register in 2004.
“It is my candid view that from August 15, 1986 till June 12, 2008 when steps were taken to remedy the situation shows an ordinate delay on the part of the applicant”, he said.
Justice Ansu-Gyeabour said therefore that “on the affidavit evidence given to the court, coupled with the various written submissions and decided cases, I am satisfied that the whole application was empty, naked and without basis and accordingly, dismiss same”.
A cost of GH¢2, 000 was awarded the interested party.
The Ghanaian Times - Page: 16 & 17 Thursday, March 18, 2010