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

 (ESTABLISHMENT) INSTRUMENT, 2010  L1 1972

 

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

 WHEREAS the Brong Ahafo Regional house 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 Sunyani Tradi- tional Area needed a declaration;

 AND WHEREAS by a unanimous decision conferred by Article 272 (b) of the 1992 Constitution on the National House of Chiefs to, inter alia compile the customary laws and lines of succession to Boahen Korkor Stool, and in compliance with the above mentioned provisions, the following procedures are hereby adopted;

 1. Succession to Boahen Korkor (Asene) Paramount Stool of Suny ani Traditional Area shall be non rotatory in the Sunyani Traditional Area.

2. On the death of the occupant of the Boahen Korkor Paramount Stool, the Queenmother shall in consultation with the Abakomahene, the Abakomahemaa and theelders of the royal family, 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 Boahen Korkor Paramount Stool becomes vacant by reason of abdication, destoolment or any other cause, succession shall be in the manner specified in paragraph 1 or as may be in the established customary manner as if the vacancy had occurred by death.

Nomination

              4. (1) The Queenmother shall in consultation with the Abakomahene,
Abakomahemaa and the Elders of the royal family make their choice to the Kingmakers as mentioned in paragraph 2 of this instrument through the Gyasehene.

(2) The nomination of a candidate for the Boahen Korkor Stool shall be done forty days after the Stool has become vacant by any cause.

(3) The nomination of a candidate for the Boahen Korkor Stool shall be done at the Palace of the Queenmother.

Election or selection

5. (1) The election or selection of a candidate for the BoahenKorkor Stool

(a) shall be done by the Kingmakers as mentioned in paragraph 2 of this Instrument;

(b) shall be by consensus and in the event of the candidate being rejected by the Kingmakers, the Queenmother shall have two more chances to nominate. The Kingmakers shall select a
candidate of their choice from the royal family
, if the three nonimations by the Queenmother are rejected by the Kingmakers; and

(c) shall take place during the daytime at the palace of the
Krontihene
.

(2) The elected or selected candidate shall pay an "aseda".

Installation

6. (1) The installation of a Chief-elect of the Boahen Korkor Stool shall be by the following persons at the Omanhene's palace in the afternoon or evening of a Monday:

(a) abusuapanin,

(b) the Kingmakers,

(c) the sons of former chiefs,

(d) elders of the royal family (Mmama), and
                (e) the Queenmother.

(2) The chief-elect shall be confined for forty days at the Twafuorhene's palace.

(3) The Chief-elect shall be taken to the Stool room where he shall be shown the black stools to select one of the former occupant's name he would like to assume after installation.

(4) After the chief-elect has chosen a stool name, a sheep shall be slaughtered and the Chief-elect shall step in the sheep blood to signify

that he shall never go bare footed from that time on and shall then wear his native sandals.

(5) The chief-elect shall pay an installation fee after coming out of the Stool Room.

(6) The chief-elect shall swear the oath of office to the chiefs and elders and each chief or elder shall in turn swear the oath of allegiance to the new chief.

(7) The new occupant of the Boahen Korkor Stool shall be carried shoulder high through the streets of Sunyani for the public to know their. new Paramount Chief, and this shall consummate the installation of the new chief.

Destoolment offences

7. The occupant of the Boahen Korkor Stool shall be destooled for committing any of the following offences:

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

(b) selling of Stool property without the consent of his Elders,
                (c) eating or drinking in public places,

(d) participating in public entertainment like dance and discotheque,

(e) stealing and embezzlement of Sunyani State funds,

(f) acting in a way that shall bring the Boahen korkor Stool into disrepute or public ridicule, or

(g) doing any act that affecets the dignity of the Stool

Destoolment process

8. Where the occupant of the Boahen Korkor Stool commits any of the offence specified in paragraph 7, a complaint may be made to the Queenmother, Abakomahene and Abakomahemaa by the Krontihene through the Gyasehene, to advise the occupant of the Boahen Korkor Stool.

Destoolment procedure

9. (l)The destoolment charges against the occupant of the Boahen Korkor Stool shall be lodged with the linguist at the palace of the Krontihene who shall in turn inform the Krontihene.

(2) The Krontihene shall bring the charges to the notice of the Kingmakers.

(3) Where the occupant of the Boahen Korkor Stool fails to heed to the advise, or continues to commit any offence under paragraph 7, the Kingmakers who include the Queenmother, Abakomahene and Abakomahemaa, may draw up charges for the destoolment of the occupant of the Boahen Korkor Stool.

(4) The Kingmakers shall give the occupant of the Boahen Korkor Stool a chance to put up a defence against the charges.

(5) Where the Kingmakers find the occupant of the Boahen Korkor Stool liable of any offence, the charges of destoolment shall be lodged with the Brong Ahafo Regional House of Chiefs.

Completion of destoolment

10. (1) The destoolment of the occupant of the Boahen Korkor Stool shall be complete where

(a) the Brong Ahafo Regional House of Chiefs convict the occupant of the Boahen Korkor Stool of any      offence committed,                                                                                                       [

(b) the Krontihene provides a sheep which is slaughtered, and

(c) the short drum (twenesin) is beaten.

(2) The Chief's sandals shall be removed if he is physically present.

Kingmakers

11. The Kingmakers of the Boahen Korkor Stool of the Sunyani

Traditional Area shall be

                (a) the Krontihene,
                                (b) the Akwamuhene,
                                (c) the Twafohene,
                                (d) the Adontenhene,
                                (e) the Benkumhene,
                                (f) the Nifahene, and
                                (g) the Kyidomhene.

System of inheritance

12. Succession to Boahen Korkor Stool of the Sunyani Traditional Area shall be by the matrilineal System of inheritance through the following lineages:

(a) Nana Akosua Dua,

(b) Nana Amma Biani, and
                (c) Nana Kwantwiwaa.

Autonomy of Stool

13. For the avoidance of doubt the Boahen Korkor Stool of the Sunyani 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 September, 2010.

Entry into force: 2nd December, 2010.

 

 

 

 

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