Pressure Group, Occupy Ghana, has written to the Attorney General, Gloria Akuffo to take steps to address the blacklisting of certain names such as Naa, Nii, Nana, Papa, Junior among others from being registered by the Births and Deaths Registry.
The pressure group in a letter argued that the Registry’s action is not legal.
“We have however checked that Act and all relevant laws including the Regulations passed under the Act. We have not seen any provision that either supports this policy or gives the Registrars of Births and Deaths any power to refuse to register any name. We believe that this stance is a gross violation of the rights of Ghanaians to choose names (particularly Ghanaian names) as they deem fit for their children, subject to the right to change one’s name at any time later in life,” the letter said.
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They, therefore, asked the Attorney General to address the issue or they will head to the court within 30 days.
“We, therefore, write to put you on notice, in accordance with section 10 of the State Proceedings Act, 1998 (Act 555), that we intend to commence civil action against the Republic within thirty (30) days of the date of this letter if this illegality is not addressed forthwith,” the letter read.
The Head of the Births and Deaths Registry, John Agbeko, has explained why they do not allow parents register their children by local titles such as Nii, Naa, Nana and Papa.
In an interview with Accra-based Citi FM, Mr Agbeko said the act of 1965 does not allow for such titles.
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“We don't put titles on certificates so you can't name your child Nana, Naa, etc. The births and deaths registry doesn't allow that.”
He also said that by their standards, they have a standard way of arranging the names and that must be followed by everyone who registers their children.
However, Ghanaians are allowed to name their children King, Queen, Prince, Princess etc.
Asked if that is not a colonial mentality, Mr Agbeko expressed worry saying “If we start naming ourselves anyhow, I don't see where we will end in 20 years.”
“If we decide as a nation that we want to arrange names the way we want to without any standard, the registry is just here to regulate and serve the public.”
Meanwhile, a private legal practitioner, Ace Ankomah, has said that it is illegal for the Births and Deaths Registry to prevent people from registering certain names in the country.
Ace Ankomah said what they are doing “is not in the law, and it is also not in the regulation that was supposed to have been made under the 1965 Act.”
“What the law says is that they should have a mode of operation. The Births and Deaths Registry has no power to make law. Having a mode of operation must comply with the law. So if the fundamental law does not give you a certain power, you cannot be claiming that you have written your own mode of operation to make that power to yourself. So it does not exist, it has no legal basis, that nonsense must stop,” he fumed.
Below is the full statement from Occupy Ghana:
The Attorney-General & Minister for Justice
Ministry of Justice and Attorney-General’s Department
Accra
Dear Madam,
REFUSAL TO REGISTER NAMES AT THE BIRTHS AND DEATHS REGISTRY – NOTICE OF ACTION
Our attention has been drawn to the implementation of an alleged policy by the Registrars of the Birth and Death Registry that refuses to register the birth of children whose names include names such as “Maame,” “Pappa,” “Nana,” “Naa,” “Junior,” “Nene,” “Nii” and “Ohemaa” as well as determine the order in which names must be written, giving prominence to foreign names over indigeneous Ghanaian names. The Registrars claim that they are empowered to do this on the basis of the Registration of Birth and Death Act, 1965 (Act 301).
We have however checked that Act and all relevant laws including the Regulations passed under the Act. We have not seen any provision that either supports this policy or gives the Registrars of Births and Deaths any power to refuse to register any name. We believe that this stance is a gross violation of the rights of Ghanaians to choose names (particularly Ghanaian names) as they deem fit for their children, subject to the right to change one’s name at any time later in life.
We therefore write to put you on notice, in accordance with section 10 of the State Proceedings Act, 1998 (Act 555), that we intend to commence civil action against the Republic within thirty (30) days of the date of this letter if this illegality is not addressed forthwith.
We however believe that this cause of action will not be necessary if all Registrars of the Births and Deaths Registry will be directed to desist from these acts and stop refusing to register such names as they have no basis in law.
Yours faithfully,
OccupyGhana®
The Minister
Ministry of Local Government
Accra