CHAPTER
022
THE
CONSTITUTION OF THE REBUPLIC OF GHANA 1992
CHIEFTAINCY
270
(1)
The institution of chieftaincy, together with its traditional councils
as established by customary law and usage, is hereby guaranteed
.
(2)
Parliament shall have no power to enact any law which-
(a)
confers on any person or authority the right to accord or withdraw
recognition to or from a chief for any purpose whatsoever; or
(b)
in any way detracts or derogates from the honour and dignity of
the institution of chieftaincy.
(3)
Nothing in or done under the authority of any law shall be held
to be inconsistent with, or in contravention of, clause (1) or (2)
of this article if the law makes provision for-
(a)
the determination, in accordance with the appropriate customary
law and usage, by a traditional council, a Regional House of Chiefs
or a Chieftaincy Committee of any of them, of the validity of the
nomination, election, selection, installation or deposition of a
person as a chief;
(b)
a traditional council or a Regional House of Chiefs or the National
House of Chiefs to establish and operate a procedure for the registration
of chiefs and the public notification in the Gazette or otherwise
of the status of persons as chiefs in Ghana.
271
(1)
There shall be a National House of Chiefs.
(2)
The House of Chiefs of each region shall elect as members of the
National House of Chiefs five paramount chiefs from the region.
(3)
Where in a region there are fewer than five paramount chiefs, the
House of Chiefs of the region shall elect such number of divisional
chiefs as shall make up the required representation of chiefs for
the region.
272
The
National House of Chiefs shall -
(a)
advise any person or authority charged with any responsibility under
this Constitution or any other law for any matter relating to or
affecting chieftaincy;
(b)
undertake the progressive study, interpretation and codification of
customary law with a view to evolving, in appropriate cases, a unified
system of rules of customary law, and compiling the customary laws
and lines of succession applicable to each stool or skin; (c) undertake
an evaluation of traditional customs and usages with a view to eliminating
those customs and usages that are outmoded and socially harmful; (d)
perform such other functions, not being inconsistent with any function
assigned to the House of Chiefs of a region, as Parliament may refer
to it. 273 (1)
The National House of Chiefs shall have appellate jurisdiction in
any cause or matter affecting chieftaincy which have been determined
by the Regional House of Chiefs in a region, from which appellate
jurisdiction there shall be an appeal to the Supreme Court, with
the leave of the National House of Chiefs or the Supreme Court.
(2)
The appellate jurisdiction of the National House of Chiefs shall
be exercised by a Judicial Committee of the National House of Chiefs
consisting of five persons appointed by that House from among its
members.
(3)
A Judicial Committee of a National House of Chiefs shall be assisted
by a lawyer of not less than ten years' standing appointed by the
National House of Chiefs on the recommendation of the Attorney-General.
(4)
A member of a Judicial Committee of the National House of Chiefs shall
be removed from office on the ground, of proven misbehaviour or of
infirmity of mind or body by the votes of not less than two thirds
of all the members of the National House of Chiefs. (5) A Judicial
Committee of the National House of Chiefs shall have original jurisdiction
in any cause or matter affecting chieftaincy- (a) which lies within
the competence of two or more Regional houses of Chiefs; or
(b)
which is not properly within the jurisdiction of a Regional House
of Chiefs; or
(c)
which cannot otherwise be dealt with by a Regional House of Chiefs.
(6) An appeal shall lie as of right in respect of any cause or matter
dealt with by a Judicial Committee of the National House of Chiefs
under clause (5) of this article to the Supreme Court. 274
(1)
There shall be established in and for each region of Ghana a Regional
House of Chiefs.
(2)
A Regional House of Chiefs shall consist of such members as Parliament
may, by law, determine. (3) A Regional House of Chiefs shall -
(a)
perform such functions as may be conferred upon it by or under an
Act of Parliament;
(b)
advise any person or authority charged under this Constitution or
any other law with any responsibility for any matter relating to or
affecting chieftaincy in the region; (c)
hear and determine appeals from the traditional councils within
the region in respect of the nomination, election, selection, installation
or deposition of a person as a chief;
(d)
have original jurisdiction in all matters relating to a paramount
stool or skin or the occupant of a paramount stool or skin, including
a queenmother to a paramount stool or skin; (e)
undertake a study and make such general recommendations as are appropriate
for the resolution or expeditious disposition of chieftaincy disputes
in the region;
(f)
undertake the compilation of the customary laws and lines of succession
applicable to each stool or skin in the region.
(4)
The original and appellate jurisdiction of a Regional House of Chiefs
shall be exercised by a Judicial Committee of the Regional House of
Chiefs consisting of three chiefs appointed by the Regional House
of Chiefs from among its members. (5)
A Judicial Committee of a Regional Chiefs shall be assisted by a
lawyer of not less than five years' standing appointed by the Regional
House of Chiefs in the recommendation of the Attorney-General.
(6)
A member of a Judicial Committee of a Regional House of Chiefs may
be removed from office on the ground of proven misbehaviour or infirmity
of mind or body by the votes of not less than two-thirds of all the
members of the Regional House of Chiefs. 275 A
person shall not be qualified as a chief if he has been convicted
for high treason, treason, high crime or for an offence involving
the security of the State, fraud, dishonesty or moral turpitude.
276
(1)
A chief shall not take part in active party politics; and any chief
wishing to do so and seeking election to Parliament shall abdicate
his stool or skin.
(2)
Notwithstanding clause (1) of this article and paragraph (c) of clause
(3) of article 94 of this Constitution, a chief may be appointed to
any public office for which he is otherwise qualified. 277
In
this Chapter unless the context otherwise requires, "chief" means
a person, who, hailing from the appropriate family and lineage,
has been validly nominated, elected or selected and enstooled, enskinned
or installed as a chief or queenmother in accordance with the relevant
customary law and usage.
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