Checking Parliament: The chiefs and customary law

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• Apostle Mawuetornam Dugbazah 8 years ago

  Checking Parliament: The Chiefs and Customary Law by Apostle Mawuetornam Dugbazah - Wednesday, July 19, 2017
  
  The customs of a people are usually a reflection of their past and of course, a strong indication of their likely ...
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  Checking Parliament: The Chiefs and Customary Law by Apostle Mawuetornam Dugbazah - Wednesday, July 19, 2017
  
  The customs of a people are usually a reflection of their past and of course, a strong indication of their likely future. Ghana needs its customary laws in order to chart a more refined and dignified socio-political future.
  
  Today, I would like to examine Ghana’s political focus in the context of the customs of its citizens and traditional authorities. Chiefs are politicians in Ghana despite the fact that they are not elected through universal suffrage. But even though the chiefs are politicians, it looks as though today, Ghana has neglected the role of chiefs in deciding what kind of legislation actually finds its way into the national mainstream.
  
  This article advocates that more power be given to chiefs to promote customary law that overrides the norms of Western legal culture in Ghana. The author advocates for the National House of Chiefs to be given the pass on deciding whether a bill becomes law or not. In other words, chiefs should be an active and legally-binding part of the Ghanaian law making process, like a senate.
  
  Ghanaian Hereditary Chiefs and Customary Law
  
  There is much to be said about Ghanaian chiefs. And the more said about them, the easier it will be for another generation to comprehend the inherent value of traditional African government in the modern politics of the nation. Ghanaian youths can learn from and apply aspects of custom from the different cultures in the nation.
  
  Ghana is a multicultural nation with customs varying from “ethnicity” or “nation” within the Republic. I am an Evhe by descent and understand mainly the customs of Evheland as opposed to those of the Dagomba people or any other ethnicity in Ghana. Nonetheless, as a West African, I embrace other cultures to the extent that their customs promote righteousness. After all, it is easy to know that some cultures have customs that are not good for humankind.
  
  The notion of customary law is very important to today’s Ghana if the nation’s sanity will persist in Godly righteousness. Why do I say this? It is because in my view there is the impression from the media that Ghana is facing a serious culture clash with Western heathenism. It seems then that Ghana’s cultural institutions will have to do something drastic about the way Western value systems that are at loggerheads with African cultural values, are being rammed down the throats of citizens.
  
  For example, one gets the impression that Ghanaian youths have little regard for people in authority “the way it used to be”. It is not uncommon to find young people outright cursing the elderly, and even using social media to perpetrate some of the most disgraceful sexual dealings. There is a need therefore, to draw the line in terms of the West and its culture teaching Ghana’s children to “sin”, break national laws and to continue on in this manner.
  
  Perhaps customary law is one way in which the nation will be able to deal with the negative and destructive values that have seeped into today’s Ghanaian culture through Western law, science and pop culture.
  
  The Chief and Legislation Today
  
  In today’s Ghana, chiefs play an integral role in adjudication in accordance with constitutional provisions. This role is significant because it takes into consideration the fact that Ghana was once full of chiefdoms where people obeyed laws when chiefs judged. What happened to these laws of old? Why is Ghana so focused on the preservation of Western legal know-how, its Latin terminology and culture that has come in through public international law and European occupation? Much of this is still foreign to the average Ghanaian.
  
  It is a sinful thing to call things like deviant sexual behaviours (i.e. homosexuality) a “human right” in a nation where African custom and legal systems are in existence. Such is the case in today’s Ghana where homosexuality and other nearly accepted norms have become a human rights issue. Hmmm, I wonder what the Big Six would think of today’s Ghanaian norms and laws which even promote the standard of Ghana’s resources being mortgaged to foreigners at the expense of impoverished Ghanaians. Where are Ghana’s customary laws to mitigate this situation?
  
  It seems that customary law in Ghana has now been formally sidelined except that certain international agreements have been signed in the name of codifying customary law. Couldn’t Ghana have done this without international help? And where are these laws today? The nation needs them in order to make sure that Ghana does not lose its distinct flavour of customs and righteousness. I personally believe it is necessary for Ghana to once and for all do away with Western legal and business norms that do not aid the nation in moving forward politically, economically and on the justice front.
  
  The Name of the Game is Righteousness and Law
  
  It is said that a nation that is democratic is run in accordance with the Rule of Law. This “Law” and its “Rule” is no more than Western thinking that has been used to support a past slave system and international heathenism, in which case Ghana is a victim of international thought gone wrong.
  
  Ghana needs to open the door to customary law—at the national level—in order to ensure that its people enjoy the benefits of their natural resources and other endowments. As well, Ghana needs a new brand of law where divine righteousness controls the land and sanctions deviant excesses.
  
  If the chiefs of Ghana are righteous then they will advocate for themselves to take back the legal jurisdiction of righteous, codified legal norms that made Africa a place of goodness once. In other words, Ghana needs its chiefs to advocate for “upper house” status of legal proportions in order to check the excesses and omissions of Western-style parliamentary ratification of laws.

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• Kafui 8 years ago

  The author says he is an Evhe. To the Kajetia-Kookoase readers the word Ewe is pronounced as Evhe. Thanks.

  The author says he is an Evhe. To the Kajetia-Kookoase readers the word Ewe is pronounced as Evhe. Thanks.

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• Dr. SAS, Attorney at Law 8 years ago

  You write fluently about Ghana's cultural and customary laws without citing to a single unique one worth preserving.
  
  But if you sit down to list ten of them, you will discover that there is none that is unique to Ghana if ...
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  You write fluently about Ghana's cultural and customary laws without citing to a single unique one worth preserving.
  
  But if you sit down to list ten of them, you will discover that there is none that is unique to Ghana if only it makes any iota of sense.
  
  Any law worth its value is per second universal, and neither particular nor particularized to Ghana, my brother.
  
  The chieftaincy institution which you are now touting, is obnoxious because it is hereditary and therefore anachronistic and pernicious within a democratic context. Moreover, it maintains a stranglehold to all future creativity by being ossified in the past. That is a means to its very survival!
  
  By advocating a so-called customary set of laws for Ghana and proffering chiefs as the conduit to such laws, you are propositioning a return to the savage past.

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• Apostle Mawuetornam Dugbazah 8 years ago

  "Any law worth its value is per second universal, and neither particular nor particularized to Ghana, my brother" (Dr. SAS).
  
  So the Torah legal code which some Westerners credit as being the basis of their modern constitu ...
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  "Any law worth its value is per second universal, and neither particular nor particularized to Ghana, my brother" (Dr. SAS).
  
  So the Torah legal code which some Westerners credit as being the basis of their modern constitutions and legal codes is "per second universal"?
  
  "The chieftaincy institution which you are now touting, is obnoxious because it is hereditary and therefore anachronistic and pernicious within a democratic context" (Dr. SAS).
  
  Would you say the same about the constitutional monarchies of Europe, as well as the Canadian example?
  
  As well, chieftaincy in of itself is not pernicious, but rather it is certain elements or persons within the institution that bring their harmful flavour with them (i.e. bad chiefs). Anachronistic? Perhaps to the novice and economic hitmen looting countries like Ghana.
  
  "By advocating a so-called customary set of laws for Ghana and proffering chiefs as the conduit to such laws, you are propositioning a return to the savage past" (Dr. SAS).
  
  Perhaps you care to tell us about the savagery of some of the peoples of Ghana as it pertains to their customs and law...which group does Dr. SAS hail from?
  
  Sincerely,
  Apostle Mawuetornam Dugbazah
  Ghana's modern trade policy facilitates the savage slave past of the West.

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• Dr. SAS, Attorney at Law 8 years ago

  1. The Torah reflects the laws of savage peoples out of which the civilized world gleaned the universally appropriate ones. No problem with that.
  
  2. The remnants of monarchies existing in the modern world are as redundant ...
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  1. The Torah reflects the laws of savage peoples out of which the civilized world gleaned the universally appropriate ones. No problem with that.
  
  2. The remnants of monarchies existing in the modern world are as redundant as ours, and wise men are not advocating that they are vested with any legislative powers, as you are advocating here.
  
  3. It doesn't matter which group I come from; I consider your proposition that chiefs should be given more powers as rather moribund and morbid.
  
  4. It is extraordinarily mysterious that despite your linguistic proficiency (which should connote a well-read and scholastic mind), you appear on the this site to spew balderdash.
  
  You are no different from the obnoxious Okoampa-Ahoofe who you appear to be substituting for while he is on a long leave.

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• Apostle Mawuetornam Dugbazah 8 years ago

  "1. The Torah reflects the laws of savage peoples out of which the civilized world gleaned the universally appropriate ones. No problem with that" (Dr. SAS).
  
  Such reasoning is rather difficult to comprehend. So internatio ...
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  "1. The Torah reflects the laws of savage peoples out of which the civilized world gleaned the universally appropriate ones. No problem with that" (Dr. SAS).
  
  Such reasoning is rather difficult to comprehend. So international USURY is suddenly "civilized" and "universally appropriate"? For who? The heathen legal community?
  
  Surely a scholar knows that Europeans have been among the most savage of the peoples of the earth! And in the name of legislation-backed, usurious capitalism even remain so.
  
  SAS' is showing his true colours. Reminds me of Ghana's Uncle Tom politicians.
  
  So did the Torah civilise the world? Or did it civilise the Torah? Your reasoning I cannot follow...it is inordinate to the core.

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• Dr. SAS, Attorney at Law 8 years ago

  Your response is all over the place like kerosene poured on a cement floor.
  
  Next time keep to the issue and stop perambulating: Should our chiefs be granted powers to legislate our laws?
  
  The answer is a no no!
  
  Bye fo ...
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  Your response is all over the place like kerosene poured on a cement floor.
  
  Next time keep to the issue and stop perambulating: Should our chiefs be granted powers to legislate our laws?
  
  The answer is a no no!
  
  Bye for now.

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• Apostle Mawuetornam Dugbazah 8 years ago

  "3. It doesn't matter which group I come from; I consider your proposition that chiefs should be given more powers as rather moribund and morbid" (Dr. SAS).
  
  Once again, inordinate reasoning has made its way from the mind o ...
  read full comment

  "3. It doesn't matter which group I come from; I consider your proposition that chiefs should be given more powers as rather moribund and morbid" (Dr. SAS).
  
  Once again, inordinate reasoning has made its way from the mind of a Ghanaian "scholar". Your words are merely opinion with ZERO analysis. Get of your high horse and debate like someone who can reason.
  
  If modern chiefs represent that which is savage, then perhaps it is so in your region.
  
  I can speak for the Volta Region where many chiefs are actually educated and have insight into traditional and modern legal customs.
  
  So then, with their education and insight into legal affairs why should they not legislate? Or do you think they are not capable?
  
  Or is it the matter of not having an LL.B that makes you think they are not competent enough to legislate? Ghana's MPs legislate whereas many are not lawyers by profession.
  
  The Dufia of Anfoega, VR is a lawyer by profession. Would you suggest that he is not competent enough to handle reading legal briefs and summaries, and to help legislate just because he happens to be a chief?
  
  Truly, inordinate and Uncle-Tomish thinking from a Ghanaian attorney.
  
  Sincerely,
  Apostle Mawuetornam Dugbazah
  "Wisdom is the principal thing."

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• KOLANDE 8 years ago

  to me chieftaincy should be banned totally.

  to me chieftaincy should be banned totally.

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• Apostle Mawuetornam Dugbazah 8 years ago

  Kolande:
  
  Please tell us why.
  
  Do you also advocate that the Queen of England or the King of Holland go and their offices be scrapped?
  
  Sincerely,
  Apostle Mawuetornam Dugbazah
  Democracy is a smokescreen for heathen g ...
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  Kolande:
  
  Please tell us why.
  
  Do you also advocate that the Queen of England or the King of Holland go and their offices be scrapped?
  
  Sincerely,
  Apostle Mawuetornam Dugbazah
  Democracy is a smokescreen for heathen government!

  reply