Dr. Yaw Graham of the Third World Network has described the banishment of the three persons by the Okyeman Traditional council as illegal and unconstitutional.
The Okyeman Traditional council on Friday announced the banishment of three persons for allegedly accusing the Okyehene, Osagyefo Amoatia Ofori Panin II of engaging in illegal mining activities in the area.
The three are; Odehye Nana Kwame Adjei Boateng, Elvia Boakye Yiadom and Akwasi Amofa.
As part of the banishment, the three people would not be allowed to participate in any royal activity. They will also not be buried on any Okyeman land.
In an interview with *Gold Power Drive*, on Monday, Dr. Yaw Graham was of the view that the power of the chief does not permit him to issue primitive orders to his subjects.
“The constitution guarantees everybody the freedom of movement and expression. But more crucially, the constitution establishes a hierarchy of law”. He added.
He emphasizes that: ‘’the law should establish the equality of the Ghanaian citizen saying any customary law practices which are repugnant to the constitution should be deemed invalid”.
‘’There is no doubt that the chief command respect from his traditional area’’.
“Chiefs do not have any criminal jurisdictions’’, he pointed out.
According to him Someone is alleged to have gone contrary to the laws of the country, the state acting through the police and attorney general should be responsible for prosecution and not the chief.
“Chiefs might have had those powers at certain times in our history when each of these traditional areas may have been kingdoms or proto states, where the highest political and legal powers were vested in the hands of the paramount chief but that is no longer the case’’.
He therefore urged political leaders, the judicial system and the criminal system to be there for the citizens when they need them.
“Our political leaders, judicial system and the criminal system should be more effective and make sure that the things that make people turn to the chiefs for remedy are carried out by the state”.
