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DECLARATION OF CUSTOMARY LAW (ATEBUBU) TRADITIONAL COUNCIL INSTRUMENT, 2010

 (ESTABLISHMENT) INSTRUMENT, 2010  L1 1976

WHEREAS the Atebubu Traditional Council under the provisions of section 51 of the Chieftaincy Act 2008, (Act 759), recommended to the National House of Chiefs through the Brong-Ahafo Regional House of Chiefs a modification of the customary law relating to succession to the Atebubu Paramount Stool; the name of the Stool of the Traditional Area is Owusu Asare Stool; the seat of the Stool shall be at Atebubu;

WHEREAS the Brong Ahafo Regional House of Chiefs upon representation from the Atebubu Traditional Council and backed by their own initiative submitted to the National House of Chiefs have declared that in their opinion the customary law relating to succession in the Atebubu Traditional Area needed declaration

AND WHEREAS by a unanimous declaration the initiatative has been accepted by the National House of Chiefs;

NOW THEREORE, under the powers conferred by Article 272 (b) of the 1992 Constitution on the National House of Chiefs to inter alia, com- pile the customary laws and lines of succession to the Owusu Asare Stool, and in compliance with the above mentioned provisions the following procedures are hereby adopted:

1 . Succession to the Owusu Asare (Asona) Paramount Stool of the Atebubu Traditional Area, shall be non rotatory in the Atebubu Traditional Area.

2. On the death of the occupant of the Owusu Asare Paramount Stool the Omanhemaa shall in consultation with the Abusuapanin nominate according to established customary law pertaining to a chief and present an occupant to succeed the deceased as contained in paragraph 1.

3. At anytime that the Owusu Asare Paramount Stool becomes vacant by reason of abdication, destoolment or any other cause, succession shall be in the manner specified in paragraph I or as may be in the established customary manner as if the vacancy had occurred by death.

Nomination

4. (1) The Omanhemaa shall in consultation with the Abusuapanin select a candidate. The Kyidomhenc is the heir to the throne subject to the approval of the Queenmother and the elders.

(2) The Queenmother shall make fresh nomination from the royal family, if the Kyidomhene is rejected.

(3) Nomination of a candidate for the Owusu Asare Stool shall

(a) be before the burial of the Omanhene or after his destoolment; and

(b) take place at the Omanhemaa's place.

5.Election or selection

(1) The Eleection or selection of a candidate to the Owusu Asare Stool shall be done by members of the Traditional Council any time convenient to the Council.

(2) The Adontenhene and Akwamuhene shall present the nominee to the Traditional Council at the Traditional Council's meeting to be held at the Adontcnhene's palace for the election or section.

Installation

6. The installation of a new Atebubu Omanhene shall be as follows:
(a) the Adontenhene and Akwamuhene shall instal the new Atebubu Omanhene in the presence of the royal family and the public,

(b) the Adontenhene shall hold the right hand and the Akwamuhene the left hand of the Omanhene-elect on the Stool three times by saying "today we are installing you on
Nana Owusu Asare's Stool",

(c) the installation of the new Atebubu Omanhenc shall take place on a Monday evening between 5.00 a.m. and 5.00pm in front of the Omanhene's palace, and

(d) the new Atebubu Omanhene shall

(i) swear the oath of office to the Chiefs and Elders and the people of the Atebubu Traditional Area and each Chief and Elder shall in turn swear the oath of allegiance to the new Omanhene,

(ii) be confined for forty days after he has sworn the oath of office,

(iii) spend thirty-nine of the forty days at the Asamanfo house where he shall be taught the customs and traditions of the Atebubu Traditional Area, and

(iv) leave the Asamanfo house for Nkruwaso house on the 40th day and then to the Omanhene's palace.

This shall be said to consummate the new Atebubu Omanhene's installation.

Destoolment offences

7. An Atebubu Omanhene shall be destooled for committing any of
the following offences:

(a) acting contrary to cutomary rules and traditions in the Atebubu Traditional Area,

(b) travelling outside Atebubu on Fridays but can travel after 6.00 p.m. on Fridays.

(c) stealing,

(d) extra marital relationship with spouses of subjects or other persons in the Traditional Area,

(e) eating in public in the Traditional Area, or

(f) doing any act that affects the dignity of the Stool.

Destoolment process

8. The destoolment charges against the occupant of the Owusu Asare Stool of the Atebubu Traditional Area shall be preferred by any of the Kingmakers as mentioned in paragraph 2 of this instrument.

Destoolment procedure

9. (1) The destoolment charges against the occupant of the Owusu Asare Stool shall be brought before the Omanhemaa at her palace.

(2) The Oman-hene shall be given the chance to defend himself before the Omanhemaa.

(3) The Omanhene shall be destooled when he is found guilty of the charge preferred against him.

Completion of destoolment

10. The customary destoolment of the Omanhene of the Atebubu Traditional Area shall be complete when his sandals are removed and a sheep slaughtered after the charges have been brought against him before the Brong Ahafo Regional House of Chiefs and he is convicted of the offences and he fails to appeal.

Kingmakers

11. The Kingmakers of the Owusu Asare Stool of the Atebubu Traditional Area shall be the

(a) Adontenhene;
(b) Akwamuhene;
(c) Krontihene;
(d) Benkumhene;
(e) Nifahene;

(f) Twafohene;
(g) Gyasehene;

(h) Akyeamehene; and
(t) Gyasewahene.

System of succession

12. Succession to the Owusu Asare Stool of the Atebubu Traditional Area shall be by the matrilineal system of inheritance.

Autonomy of Stool

13. For the avoidance of doubt, the Owusu Asare Stool of the Atebubu Traditional Area shall not be subject to any other Stool anywhere.

Made this 23rd day of March, 2010.

WULUGU NABA PUGANSOA NAA PROF. JOHN S. NABILA
President National House of Chief

Date of Gazette notification: 17th September, 2010.

Entry into force: 2nd December, 2010.

 

 

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