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

 (ESTABLISHMENT) INSTRUMENT, 2010  L1 1974

WHEREAS the Gonja Traditional Council under the provisions of section 51 of the Chieftaincy Act 2008, (Act 759), recommended to the Northern Regional House of Chiefs a modification of the customary law relating to succession to the Yagbon Skin; the name of the Skin of the traditional area is Yagbon Skin and the seat of the Skin shall be located at Damongo;

WHEREAS the Northern Regional House of Chiefs upon representation from the Gonja 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 Gonja
Traditional Area needed a declaration;

AND WHEREAS by a unanimous decision the initiative has been accepted by the National House of Chiefs;

NOW THEREFORE under the powers conferred on the National House of Chiefs by Article 272 (b) of the 1992 Constitution, to inter alia compile the customary laws and lines of succession to the Yabgon Skin; In compliance with the above mentioned provisions, the following procedures are hereby adopted:

1. Succession to the Yabgon Skin of the Gonja Traditional Area shall be strictly rotatory among the chiefs of the five gates - Wasipewura, Kpembewura, Bolewura, Tuluwewura and Kusuguwura - in the Gonja Traditional Area.

2. On the death of the occupant of the Yagbon Skin of the Gonja Traditional Area the Kingmakers shall nominate according to established customary law pertaining to a Chief and present an occupant to succeed the deceased Chief as contained in paragraph 1.

3. At anytime that the Yagbon Skin of the Gonja Traditional Area becomes vacant by reason of abdication, de-enskinment or any other cause, succession shall be in the manner specified in paragraph I or as may be in the established manner as ifthe vacancy has occurred by death.


Nomination

           4. (1) The Sonyowura shall nominate a new occupant to the Yagbon Skin of the Gonja Traditional Area and present him to the other Kingsmakers for their approval.

(2) Nomination by the Sonyowura and approval by the oath of Kingmakers shall take place in secrecy at the Palace or any other place in Damongo where they deem fit.

(3) Nomination by the Sonyowura and approval by the other Kingmakers shall be done after the third day funeral rites but before the seventh day funeral rites of the deceased Yagbonwura.

(4) After the performance of the seventh day funeral rites of the deceased Yagbonwura the Sonyowura together with the other Kingmakers shall meet at the Traditional Council Office at Damongo where they shall make known to chiefs of the five gates their choice for succession to the Yagbon Skin for their comments.

Election or selection

5. (1) The election or selection of a successor to a deceased Yagbonwura shall be at a meeting of chiefs and elders where the nine Kingmakers shall present the candidate for comments of chiefs of the five gates as mentioned in paragraph I among whom the
skin rotates, where he shall stand elected or selected if no adverse comments are made about him
. After the candidate is elected or selected the Sonyowura shall inform the Buipewura through the Nsuawura.

(2) The election or selection of a successor to a deceased Yagbonwura shall be at a Traditional Council meeting where the nine Kingmakers shall present the candidate for the comments of Chiefs of the five gates as mentioned in paragraph I among whom the skin rotates, where he shall stand elected or selected if no adverse comments are made about him. After the candidate is elected or selected the Sonyowura shall inform the Buipewura
through the Nsuawura
.

(3) The election and selection of a successor to a deceased Yagbonwura . shall be done a day after the performance of the seventh day funeral rites of the late Yagbonwura in the morning at the
Yagbonwura's Palace.

           (4) The twelfth (12th) day funeral rites performance of the late Yagbonwura shall be performed by the Yagbonwura-elect as custom demands.

Installation

         6. (1) The Chief-elect shall be enskinned on a day suitable to him after the performance of the twelfth day funeral rites of the late Yagbonwura, and the enskinment shall be by the Kagbapewura
at Nyanga. The Kagbapewura shall first be informed of the date by the Sonyowura through the Buipewura
.

(2) The enskinment of the New Yagbonwura shall take place while he sits on a special mound raised for the enskinment ceremony.

(3) The enskinment process shall be as follows:

(a) Sonyowura and the other Kingmakers shall recite incantations and invoke ancestral blessing and God's protection for the Chief-elect,

(b) the Liman shall recite passages from the Koran,

(c) the Nsuawura shall invoke the ancestral spirits and offer the Chief-elect,

(d) the Kagbapewura shall then move closer to the Yagbonwura- elect facing him direct,

(e) the Kagbapewura shall recite incantations; invoke ancestral spirit and God's blessing for the chief-elect,

(f) the Kagbapewura shall then order the Dogti to enrobe the Chief-elect with a gown and other paraphernalia of the enskinment,

(g) the new Yagbonwura shall then mount a horse amid drumming and dancing and firing of musketry,

(h) the new Yagbonwura shall ride a horse and the royal sons shall hold the rope of the bridle in the mouth of the horse according to the succession ladder. The immediate gate next to the new Yagbonwura's gate shall lead in holding the rope
and followed by the other gates according to the succession line, and the Yagbonwura's enskinment shall be said to be consumated when the new Yagbonwura has been kept in confinement as tradition demands for a number of days depending on the new Yagbonwura's wish.

De-enskinment offences

7. A Yagbunwura shall be de-enskinned for committing any of the

following offences:
(a) murder,

(b) fighting in public,
(c) rape,

(d) breaking or violating serious taboos, or

(e) doing any act that affects the dignity of the Skin.

De-enskinment process

8. The de-enskinment charges against the Yagbonwura shall be prepared by the Kingmakers as spelt out under paragraph 2 of this instrument at a meeting.

De-enskinment procedure

9. The de-enskinment procedure of a Yagbonwura shall be as follows:

The nine Kingmakers shall

(a) prefer the charges at their meeting, and

(b) then present the charges before the Traditional Council.

Completion of de-enskinment

10. The de-enskinment of the Yagbonwura shall be complete when the Traditional Council approves the charges preferred against the chief by the Kingmakers.

                                         Kingmakers        ,

11. The Kingmakers of the Yagbon Skin of the Gonja Traditional Area shall be Head of the Kingmakers,

(a) Sonyowura,
(b) Damongowura,

(c) Choriwura,
(d) Dabrewura,

(e) Mankpongwura,
(f) Kulawwura,

(g) Kpansheguwura,
(h) N suawura, and
(i) Busunuwura.

System of inheritance

11. Succession to the Yagbon Skin of the Gonja Traditional Area shall be by the patrilineal system of inheritance.

Autonomy of Stool

12. For the avoidance of doubt, the Yagbon Skin is not subservient to any other Skin anywhere.

Made this 23rd day of March, 2010.

 

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