Osu chieftaincy battleCourt throws out Nii Nortey Owuo III
AT LONG last, the protracted chieftaincy dispute among the people of Osu, in the Greater Accra Region, has come to an end, as a Kumasi Fast Track High Court has ruled in favour of Nii Okwei Kinka Dowuona VI.
The court, presided over by Justice Kwame Ansu-Gyeabour, threw out reliefs sought by Nii Nortey Owuo III, who is claiming the title of Osu Mantse against the incumbent, Nii Kinka Dowuona VI, and the National House of Chiefs.
The court described the reliefs as empty, naked, and without basis. “On the affidavit evidence before me, coupled with the various written submissions and the decided cases, I am satisfied that the whole application is empty, naked, and without basis. Accordingly, I dismiss same.” According to the court, the respondent did not play any meaningful role in the application, and awarded a cost of GH¢2,000 to the interested party, Nii Dowuona VI, Chief of Osu.
The court was of the view that the withdrawal of the government's recognition on August 15, 1986, which led to the deletion of Nii Owuo III from the National House of Chiefs in 2004, was unknown of the said chief, and still exists, saying, “It is my candid view that from 15th August, 1986, till 12th June, 2008, when steps were taken to remedy the situation, shows inordinate delay on the part of the applicant.”
According to the court, the salutary and well known general rule of law was that a person, who claims that his rights have been trampled upon, must act timeously. “And yet, in this court of equity, it can also be remarked that delay defeats equity. Government recognition of the applicant was withdrawn to his knowledge on 15th August 1986.”
To the judge, he had examined the motion paper and the other documents filed for and on behalf of the applicant, and that after carefully examining the affidavit in opposition, coupled with various documents filed for and behalf of the interested party, he was convinced that the application was naked.
“The main issue, I isolate for determination, is whether or not the applicant is marketable enough or just a mirage. It is worth mentioning now, that the applicant claims to be the Osu Mantse. The interested party resists the applicant's position. Indeed, in affidavit in opposition, filed on 13th October, 2008 at paragraph 5, was sworn to as follows, and I quote, “that the applicant herein has not stated the ruling house from which he hails.”
Furthermore, the court averred that at any rate, whether the applicant is the Osu Mantse, or it is rather the interested party, in its considered view, was a cause or matter affecting chieftaincy.
Nii Nortey Owuo III initiated the court action against Nii Dowuona VI, as an interested party and the Regional House of Chiefs, pleading for “a judicial review of order of mandamus and or otherwise requiring the respondent House of Chief forthwith to restore the name of the applicant to the national register of chiefs in his capacity as the reigning Osu Mantse, in the Osu Division of the Ga Traditional Area, free and discharged from any description of him as having been destooled by the withdrawal of government recognition from him in August 1986, as alleged or at all, and for such further or order as to the Court may appear just or proper.”