Preamble
We the Chiefs of the Eastern Region House of Chiefs,
Having met for our end-of-year annual meeting on Friday, 9th December 2011,
Noting with deep concern that the chieftaincy institution is under siege as a result of lack of knowledge of the current Chieftaincy Act, and
Recognizing that some pertinent factors such as the prevalence of insults in political campaigning, the mode of operation of the cattle herdsmen and youth unemployment had significantly contributed to recent disturbances in the country,
Wish to issue the ensuing communiqué:
Gaining Deeper Knowledge of Chieftaincy
That the chieftaincy institution appears to be under siege and unless we respond positively and timely to this dangerous emerging phenomenon, our traditional areas shall soon be confronted with a situation where some of our subjects will take the law into their own hands and cause embarrassment to royal fathers.
That these are not good signs for the chieftaincy institution and the nation as a whole and Nananom who have not yet been confronted with similar situations should not sit down unconcerned and believe it cannot happen to them.
That the time has come for each and everyone to take a serious look at the Chieftaincy Act so as to gain a deeper knowledge of the Chieftaincy Institution as it now operates and to avail themselves of the penalties spelt out for those who want to take the law into their own hands and bring the chieftaincy institution into disrepute.
That according to the Bible, Hosea chapter 4 verse 6, “My people are destroyed for lack of knowledge.” Let us therefore imbibe knowledge emanating from the chieftaincy institution to ensure that we do not follow the path of Hosea and perish as a nation for lack of this basic knowledge.
Process of Destoolment
That in Section 40 subsection [1] of the Chieftaincy Act 2008, Act 759, “A person is not entitled under this Act to institute proceedings for the deposition of a chief unless that person is entitled to do so under custom of the area concerned”.
That the four main features of a deposition procedure are:-
(a) Preferment of charge against a chief
(b) Investigations into the deposition charges,
(c) Compliance with rules of natural justice and
(d) Actual customary process of deposition.
That from the above, a chief cannot be destooled merely by public notification in both print and electronic media or public announcement by the beating of gong-gong. Neither can a chief be destooled by a public demonstration, the slaughtering of a sheep nor the removal of a chief’s sandals, since none of the above satisfies all the aforementioned main features of deposition.
That with respect to some penalties in the Act, section 63 provides in subsections [c] and [f] that “a person who
[c] Knowingly uses disrespectful or insulting language or insults a Chief by word or Conduct ,
[f] Deliberately fails to follow the right procedures to destool a chief,
commits an offence……………”
That it follows that the above-quoted subsections of the Chieftaincy Act form a viable legal basis for a criminal prosecution in the country.
Nananom would advocate the development of an effective dissemination mechanism on the Chieftaincy institution through workshops, seminars and traditional festivals as well as its mainstreaming in the formal education system.
Customary Right of Chiefs to Call Subjects
That in July 2011, the Supreme Court expunged section 63[d] of the Chieftaincy Act on account of its vagueness and being too broad in scope. That the National House of Chiefs, realizing the vacuum which the expunged clause has created and the social ramifications emanating therefrom, quickly proposed an amendment in line with its constitutional mandate to fill the vacuum in order to preserve social cohesion as well as the dignity and norms of respect accorded to chiefs.
That this amendment is to restore the customary right of a chief to call a person who is a subject, resident or involved in impermissible social and economic activities within the chief’s traditional area of jurisdiction to attend to an issue affecting or relating to him or her.
That the amendment is to enable the Chiefs continue to play their key roles in their respective traditional areas and concomitantly preserve and maintain the pillars of unity, peace and stability on which the socio-economic development of the entire country rests.
Nananom wish to commend the National House of Chiefs for the efficient and expeditious manner it responded to the challenge of curing the defective and expunged clause by a substitution of a clearer and unambiguous version which is consistent with the constitution.
The 2012 General Elections
That as we are all aware, next year is election year and as traditional rulers we have a cardinal role to play to ensure that there is absolute peace in Ghana before, during and after the elections.
We wish to appeal to all politicians to conduct decent campaigns and avoid what has become known as “politics of insults”. Ghana has come a long way since the beginning of the Fourth Republic.
Today, Ghana is seen as one of the few oases of peace and stability on the continent of Africa. The pinnacle of respect that Ghana has gained the world over is on account of the worldwide notion that Ghanaians are relatively tolerant. Let us do whatever is within our cable-tow to maintain this admirable accolade.
That it is for this reason that Nananom are calling on our political leaders to talk to their supporters not to do anything that will rock the boat and push us back in our efforts to build an egalitarian society deeply rooted on a robust foundation of truth, freedom and justice.
We are also appealing to the media to be very particular and circumspect about what they carry in the newspapers and on air. They must not be seen as fanning the embers of conflict. Whatever they publish must be defensible and in the national interest.
Cattle Herdsmen
That Nananom have noted with disquiet the mode of operation of cattle herdsmen in the country which had generated numerous conflicts. We feel it is simply unfair for the cattle business to thrive at the expense of the farmers whose crops are constantly and seriously being destroyed by the cattle without any compensation whatsoever.
We therefore call for the enactment of a law which will make it compulsory for all cattle rearing businesses to operate within fenced farms. Such fenced farms would keep the cattle within the boundaries of the farms and prevent them from destroying crops of others thereby preserving the essential peace in our various communities and the country at large.
Youth and Conflicts
That Nananom have observed, that in spite of the numerous efforts by Government, there is still serious youth unemployment in the country. That as we are all aware, the devil finds work for the idle hands.
That there is the need to find employment for the jobless youth not only to enhance their socio-economic status but also to prevent them from being used as instruments of conflicts and violence in the country.
Nananom hereby propose that the Government and the traditional leadership should engage the youth leadership in a systematic and constant manner to ensure that the youth, our future leaders, are nurtured in the best practices within our socio-cultural environment to create a better succession process in the country.
Visit by the President of the Republic of Ghana
That in May 2011, His Excellency Professor John Evans Atta Mills, President of the Republic of Ghana, was in our Region to see what development projects were being undertaken. That on our part we submitted a resolution on the needs of the Region. It is our fervent hope that by next year some of our concerns would have been addressed by the government.
Nananom wish to acknowledge the wonderful cooperation that we have so far received from the Eastern Regional Minister, Hon. Dr. Kwasi Akyem Apea Kubi.
Conclusion
That we wish to appeal to all our people to unite behind their traditional rulers so that the various traditional areas will continue to witness massive development in the years to come since our development must go hand in hand with peace and unity.
Nananom wish all citizens of the Eastern Region a happy Christmas and a peaceful and prosperous New Year.
Thank you.
Dated at Koforidua This 9th Day of December, 2011.
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Daasebre Prof. [Emeritus] Oti Boateng
President of Eastern Region House of Chiefs and
Omanhene of New Juaben
Traditional Area
……………………………………………………………
Okotwaasuo Katamanto Oworae Agyekum III
Vice President of Eastern Region House of Chiefs and
Omanhene of Akyem Bosome
Traditional Area.
DISTRIBUTION
The President of the Republic of Ghana.
Speaker of Parliament
Chief Justice
The Chairman, Council of State
The Regional Minister, Eastern Region
Minister for Justice and Attorney General
.Minister for Chieftaincy and Culture
Minister of Information
President of the National House of Chiefs
The Press
