Chairman of the Eastern Legal Team of the National Democratic Congress(NDC), Lawyer Isaac Minta Larbi has reacted the to recent news that the Chief of Begoro has been summoned before the Omanhene of the Abuakwa Traditional Area for his alleged endorsement of the Presidential candidate of the NDC, H. E. John Dramami Mahama.
According to Lawyer Isaac Minta Larbi, he is at loss as to the basis and reasons for such summons.
He noted that, there’s no inherent jurisdiction within the Chieftaincy institution barring chiefs from making political statements.
“The Chieftaincy institution itself doesn’t have any rule or fiat that prevents Chiefs from making such comments,” he added.
He further clarified that when a Chief makes political statements the said Chief has not broken any Chieftaincy rule and that traditional Authorities have jurisdiction to enforce traditional rules and nothing else.
According to him, the endorsement can at best be described as a violation of the constitution and if there’s any form of enforcement it will have to be the Supreme Court and not a Traditional Council or Authority.
“No traditional rule has been broken to warrant a petition to the traditional Authorities,” he stated.
He also stated that “every person living in Ghana has the right to express themselves freely and when a Chief decides to endorse a Presidential Candidate in the person of incoming President John Dramani Mahama he has not broken any Chieftaincy rule to warrant a petition against him.”
Below is his full statement;
TRADITIONAL AUTHORITIES HAVE NO POWER TO PUNISH FOR POLITICAL STATEMENTS.
I have seen in circulation a news headline which states that the Chief of Begoro has been summoned before the Omanhene of Abuakwa Traditional Area for his alleged endorsement of incoming President John Dramani Mahama and I am at a loss as to the bases and why such a summon.
Reading the news item it appears to be a petition that has been submitted by some Chiefs of Abuakwa who have taken this step.
What needs to be understood is that it is the constitution of Ghana which seeks to restrain Chiefs from political statements.
There’s no inherent jurisdiction within the Chieftaincy institution barring chiefs from making political statements.
The Chieftaincy institution itself doesn’t have any rule or fiat that prevents Chiefs from making such comments.
When a Chief makes political statements the said Chief has not broken any Chieftaincy rule.
Traditional Authorities have jurisdiction to enforce traditional rules and nothing else.
When a traditional rule is broken it is the traditional Authority that would enforce the necessary sanctions and so far I have not come across any rule within our Chieftaincy system which either bars/prevent or seeks to prevent a Chief from engaging in politics.
If the constitution of Ghana didn’t debar Chiefs, nothing would have stopped them from openly engaging in politics or campaigning for their choice of candidate for elections.
I therefore wonder what powers the Abuakwa Traditional Council can exercise or seek to enforce in this instance as this is a conduct unrelated to any breach of a traditional rule.
In any case what we must appreciate is that the grundnorm and the fundamental law of the land is the constitution out of which all our laws emanates including our customary and traditional rules.
And the enforcement of the Constitution is the preserve of the Supreme Court of Ghana and no other institution.
The endorsement can at best be described as a violation of the constitution and if there’s any form of enforcement it will have to be the Supreme Court and not a Traditional Council or Authority.
I firmly believe that the petitioners are not advised under the circumstances making them take this step which cannot yield anything in terms of enforcement.
No traditional rule has been broken to warrant a petition to the traditional Authorities.
We also need to appreciate the fact that the fundamental rights of citizens of this country including Chiefs are guaranteed by the constitution which includes freedom of speech, freedom of expression and freedom of association.
Every person living in Ghana has the right to express themselves freely and when a Chief decides to endorse a Presidential Candidate in the person of incoming President John Dramani Mahama he has not broken any Chieftaincy rule to warrant a petition against him.
The rule that a Chief cannot do politics is not a traditional rule to be enforced by a traditional authority.
To also say that a Chief openly endorsing a candidate is bringing the Chieftaincy institution into disrepute is far fetched. This is a constitutional right of a person in Ghana and the exercise of same by the Chief cannot in anyway ridicule Chieftaincy.
This petition under the circumstances is unwarranted.
Lawyer Isaac Minta Larbi
Source: InsiderGH.com
