EKOW GARBRAH vs. CENTRAL REGIONAL HOUSE OF CHIEFS AND ANOTHER

The appellants had earlier challenged the nomination and enstoolment of the 2nd respondent, J.S. Haizel, as Omanhene of the Oguaa Traditional Area before the Judicial Committee of the Central Regional House of Chiefs. While that petition was pending, the 2nd respondent obtained an order of mandamus from the High Court, Cape Coast, compelling the Central Regional House of Chiefs to transmit his Chieftaincy Declaration Forms (CDFs) to the National House of Chiefs for registration in the National Register of Chiefs. The appellants contended that the CDFs contained false information, particularly that there was no pending case against the enstoolment and that the 2nd respondent was in possession of stool properties. They therefore petitioned the Judicial Committee of the National House of Chiefs under its original jurisdiction for removal of the 2nd respondent’s name from the National Register of Chiefs on grounds of fraud and falsehood in the CDFs. The National House declined jurisdiction, holding that the complaint did not constitute a 'cause or matter affecting chieftaincy'. The appellants then appealed to the Supreme Court. Portion of judgment indicating this: Ocran JSC stated: “Meanwhile, on 3rd October 2000, the Petitioners/Appellants filed a petition before the National House of Chiefs under its original jurisdiction, pleading for the removal of Second Respondent's name from the National Register, on the allegation that the insertion of the name was procured by fraud, or that the entry of the name was based on false information contained in CDF 2.” Ansah JSC similarly recorded that the appellants sought “a declaration that the name of the 2nd respondent be removed from the National Register of chiefs because the entry was based on false information contained in CDF 2 sent to the House by the 1st Respondent.”