THE REPUBLIC vs. NATIONAL HOUSE OF CHIEFS vs. EX-PARTE: ODENEHO AKROFA KRUKOKO II AND OSAGYEFO KWAMENA ENIMIL VI

The appellant, claiming to be the rightful Omanhene of the Wassa Fiase Traditional Area, was enstooled in 1994 and registered as such by the National House of Chiefs. His position was challenged by cousins leading to petitions and interim injunctions restraining him from acting as Omanhene. Despite convictions for contempt related to these injunctions, which were subsequently quashed, the appellant's name was removed from the National Register of Chiefs and replaced by Osagyefo Kwamena Enimil VI, the interested party, who was installed as the new Omanhene. The appellant sought mandamus to compel the National House of Chiefs to reinstate his name and delete that of the interested party.

DR. DATE-BAH JSC:- What is before this Court is an appeal from proceedings that were initiated by an ex parte motion for leave to apply for an order of mandamus which was heard at the High Court, Kumasi. The motion was filed on 6th September 2004 and it sought liberty to apply for an order of mandamus requiring the respondent, namely the National House of Chiefs: “(1) to delete from the National Register of Chiefs the name and particulars of Osagyefo Kwamena Enimil VI as Omanhene of the Wassa Fiase Traditional Area, And (2) to re-instate in the said Register the name and particulars of the Applicant as the Paramount Chief of the Wassa Fiase Traditional Area, And for such further or other order as to this Hon. Court may appear just or proper.” The applicant claims to be the Omanhene of the Wassa Fiase Traditional Area in the Western Region. He deposed to an affidavit in support of his motion in which he affirmed that he was enstooled the Omanhene of that traditional a...