Lack of legislation on succession accounts for chieftaincy disputes

Accra, Dec. 7, GNA - Mr Kwame Osei-Prempeh, Chairman of the Parliamentary Committee on Subsidiary Legislation, on Monday observed that the lack of legislation on succession to stools/skins accounts for most chieftaincy disputes in the country.

He said as a result it had been extremely difficult for state institutions to deal with cases in traditional areas where different versions of customary law on succession existed. Mr Osei-Prempeh was presenting a report for adoption on the declaration of customary law Legislative Instrument (LI) on 11 traditional areas on the floor of parliament in Accra.

The LI will codify customary law of succession to provide guiding principles to deal with disputes to reduce chieftaincy conflicts in the country.

He said the codification of the customary laws on succession would serve as good source of information for the promotion of the cultural heritage.

According to him it would also serve as an academic material for the study of customary law and also as research resource into the subject to enhance customary laws relating to lines of succession in traditional areas in the country. Mr Osei-Prempeh said only eleven instruments covering the numerous paramount in the country were presented to parliament. He noted that the committee deemed these instruments as important pieces of legislation and therefore urged government as a matter of urgency to provide funding to the National House of Chiefs to initiate the necessary processes to cover the whole country.

He observed that when this was done, chieftaincy conflicts which affected the development of the country would be reduced substantially. Commenting on some provisions of the instrument, Mr Osei Prempeh said the lines of succession to the stools in the Sunyani, Atebubu, Nkoranza and Prang traditional areas were non-rotatory while their system of inheritance was matrilineal. He cited the Drobo Stool which was matrilineal but had a rotatory line of succession.

The lines of succession to the stools/skins in the Buem, Kpone, Gonja, Drobo, Yeji and Lower Axim traditional areas were rotatory among the various Gates/Houses indicated in the respective Instrument, he said, adding, however, that the system of inheritance in those areas was matrilineal. He stated that the selection or election of candidates to stools and skins in all the instruments was the duty of the respective kingmakers specified in the LI.

The LI is in consonance with Article 272 (b) of the 1992 Constitution which mandates the National House Chiefs to undertake a progressive study, interpretation and codification of customary law to provide a unified set of rules of customary laws and lines of succession applicable to each stool or skin in the country. 07 Dec. 10