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

 (ESTABLISHMENT) INSTRUMENT, 2010  L1 1982

 

WHEREAS the Kpone Traditional Council under the provisions of section 51 of the Chieftaincy Act 2008, (Act 759), recommended to the National House of Chiefs through the Greater Accra Regional House of Chiefs a modification of the Customary Law relating to succession to the Kpone Paramount Stool, the name of the Stool of the Traditional Area is Dortey Stool; the seat of the Stool shall be at Kpone;

WHEREAS the Greater Accra Regional House of Chiefs upon repre- sentation from the Kpone Traditional Council and backed by their own initiative submitted to the NationalHouse of Chiefs have declared that in their opinion the customary law relating to succession in the Kpone 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 Dortey Stool, and in compliance with the above mentioned provisions the following procedures are hereby adopted:

1. Succession to the Dortey Paramount stool of the Kpone Traditional Area shall be rotatory among the three Houses of Bediaku We, Kojo We and Sanshie We in the Kpone Traditional Area.

2. On the death of the occupant of the Dortey Paramount Stool the customary head of the House whose turn it is to ascend to the stool shall in consultation with the other elders of the said House 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 Dortey Paramount Stool becomes vacant by reason of abdication, destoolment or any other cause, succession shall be in a manner specified in paragaph 1 or as may be in the established customary manner as if the vacancy has curred by death. Nomination

4. The Customary Heads of the two Royal Houses other than the House whose turn it is to succeed shall meet and make a request to the customary head of the House whose turn it is to succeed to the Dortey Stool to put forward a candidate.

Nomination for consideration for succession to the dortey Stool of Kpone Tradtional Area shall be done on a Friday at midnight. Nomination shall be done in the Stool room at the palace.

5. Election or selection

(a) the Elders of the Bediako We, Kojo We and Sanshie We shall elect the candidate for the Dortey Stool and each elector shall indicate his or her acceptance by word of mouth.

(b) the candidate shall be presented to the electors by the Stool father through the principal stool linguist and the Mankralo for the election to take place, and

(c) election to the Dortey stool shall be done at the Stool House on Friday at mid-night.

6. Installation

  (1)        The installation of a Kpone Mantse shall be done by the Stool father in the presence of the Kingmakers as mentioned in paragraph 11 of this instrument and heads of family of the three Houses.

(2) The procedure of installation shall be

(a) The slaughtering of a sheep on the candidate's feet amidst the customary beating of drums and musketry, and

(b) Raising the candidate and lowering him on the Stool three times without his buttocks touching the stool.

    (3)      The installation shall take place on a Friday at mid-night at the Stool house.

   (4)     The installation of a Kpone Mantse shall be consummated after he has sworn the oath of office to the electors and each elector has in turn sworn the oath of allegiance to him.

Destoolment offences

7. A chief shall be des tooled for committing any of the following
offences:

(a) showing gross disrespect and contempt to the elders,

(b) indiscriminate selling of stool lands or other properties with- out consulting the elders,

(c) extra marital relationship with spouses of subjects or other persons,

(d) theft,

(e) non observance of customs and taboos in the Kpone Traditional Area,

(f) breach of oath or

(g) does any act that affects the dignity of the Stool.

Destoolment process

8. The procedure for destoolment of a Kpone Mantse shall be

(a) to bring the Kpone Mantse before the Principal Kingmakers and the Stool Fathers and being warned, and

(b) after the first and second warnings the kingmakers and the Stool Father shall prefer charges against the chiefbefare the Greater Accra Regional House of Chiefs far a ruling before any further step is taken.

Destoolment procedure

9. The destoolment of the Kpone Mantse shall take place at the Stool House in the room on a Friday at mid-night by the Kingmakers and the Stool Father.

Completion of destoolment

10. The destoolment of a Kpone Mantse shall be complete by the slaughtering of a sheep to signify the destoolment of the chief, and all Stool properties taken away from him.

Kingmakers                                                    .

11. The Kingmakers of Dartey Stool of the Kpone Traditional Area shall be:

(i)    Head of Bediako We,

(ii) Head of Kojo We,


                        (iii) Head of Sanshie We, and
        

                        (iv) the Stool father. For the avoidance of doubt the Kingmakers of the Dortey Stool of the Kpone     

                         Traditional Area shall act in person and not by representation.

System of inheritance

12. Succession to the Dortey Stool of Kpone Traditional Area is patri- lineal system of inheritance.

Autonomy of Stool

13. For the avoidance of doubt the Dortey Stool of the Kpone Traditional Area is not 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 Chiefs

Date of Gazette notification: 17th Septemer, 2010.

Entry into force: 2nd December, 2010.

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