The High Court in Accra has ordered the National House of Chiefs (NHCs) to restore the name of Nana Akwesi Darko II, the Chief (Mantse) of Mayera Owulaiaman, to the national register with immediate effect.
This was after the Court, presided over by Justice Sedinam Awo Kwadam, declared in a ruling that the NHCs acted in a procedurally unlawful manner in expunging Nana Akwasi Darko’s (Plaintiff’s) name from the national register without affording him a fair hearing.
The Applicant, Nana Akwasi Darko II, had filed an application for Judicial Review in the nature of Mandamus, urging the Court to compel the National House of Chiefs to restore his name back into the register after it had removed it.
The Court said, though the NHCs had sought to justify the procedure adopted, it failed to put before the Court evidence that the Applicant was afforded an opportunity to be heard prior to the expungement of his name from the National Register of Chiefs in March 2025.
In a 35-paged ruling delivered on Tuesday, February 24, 2026, Justice Awo Akwadam ordered his name to be restored with immediate effect and awarded a cost of GH₵15,000 against the 1st and 2nd Respondents jointly and severally.
Applicant’s case
The Applicant had argued that the expungement of his name from the National Register of Chiefs without affording him a hearing constitutes a fundamental breach of the ‘audi alteram partem’ rule of natural justice.
He submitted that this breach violates Article 23 of the 1992 Constitution, which mandates that administrative bodies act fairly and reasonably, as well as Article 296, which governs the exercise of discretionary power.
NHCs case
The NHCs contended that upon its investigation from the Akwamu Traditional Council, it has the statutory right to expunge the Applicant’s name from the National Register of Chiefs.
The Court observed that correspondence exhibited appears to show that the House acted on the complaint received from a former Attorney General, Joseph Ayikoi Otoo, for the interested party, Dr. Benhardt Ago Kumah – also bearing the title (Nana Akwasi Darko II) and, after what it described as “thorough investigation,” determined that the Applicant’s name should be expunged.
Brief facts
The Applicant, Nana Akwasi Darko II, had told the Court that he was duly nominated, elected, and installed as the Chief or Mantse of Mayera Owulaiaman (also referred to as Owuraman) in accordance with customary law and usage.
He said, following his installation, his name was duly registered with the NHCs and published in the Chieftaincy Bulletin, thereby clothing him with statutory recognition as required by law.
However, he said, by a letter written by Lawyer Ayikoi Otoo, Esq., on behalf of one Dr. Benhardt Ago Kumah (also known as Nana Akwasi Darko II), the NHCs was invited to expunge the Applicant’s name from the National Register.
The crux of that letter was that the Applicant was an imposter holding himself out as chief, that Mayera Owulaiaman fell within the Ga Traditional Council and not the Akwamu Traditional Council, and that the chieftaincy declaration forms had been processed through the wrong traditional authority.
Court findings
Justice Awo Kwadam said, having carefully considered the matter, she found that the Court has jurisdiction to entertain this application, as it concerns the procedural legality of an administrative act and not a substantive chieftaincy dispute.
The Court said the supervisory jurisdiction of the High Court under Article 141 extends to reviewing the decisions of the National House of Chiefs for compliance with due process and natural justice.
Commendations
Justice Awo Kwadam, in her ruling, expressed commendation to the Applicant for his demonstration of restraint and civic maturity.
“I must also commend the Applicant. He has demonstrated commendable restraint and civic maturity.
Upon learning that his name had been expunged, a decision that undoubtedly affected his dignity, his status, and his legal rights, he did not resort to self-help…
Instead, “he came to this Court, seeking judicial redress. He placed his faith in the rule of law. This is precisely what the Constitution expects of every citizen.”
Source: www.kumasimail.com
