ACTS OF GHANA

 WENCHI PARAMOUNT STOOL AFFAIRS DECREE, 1976 (SMCD 64)

ARRANGEMENT OF SECTIONS

Section

1. Nullification of Nana Kusi Apea I's Enstoolment.

2. Confirmation of the Enstoolment of Nana Mbore Bediatuo VI.

3. Nana Kusi Apea I not to Assume Role of Chief.

4. Nullification of Queenmother''s Removal.

5. Removal of Divisional Chiefs Nullified.

6. No Person to Recognise Nana Kusi Apea I.

7. Application.

WENCHI PARAMOUNT STOOL AFFAIRS DECREE, 1976 (SMCD 64)

WHEREAS on the 18th day of December, 1973 the Commissioner responsible for Chieftaincy Matters in pursuance to section 3 of the Chieftaincy Act, 1971 (Act 370) requested the National House of Chiefs to inquire into and advise him on the constitutional matters relating to the Wenchi Paramount Stool:

AND WHEREAS in consequence of that request the National House of Chiefs appointed a committee to inquire into the matters referred to above:

AND WHEREAS the findings submitted by the Committee has been accepted by the Commissioner responsible for Chieftaincy Matters and Chairman of the Supreme Military Council:

AND WHEREAS the Supreme Military Council deems it fit to give due effect to those findings:

NOW, THEREFORE, BE IT ENACTED by the Supreme Military Council as follows—

Section 1—Nullification of Nana Kusi Apea ''I''s Enstoolment.

The purported enstoolment of Nana Kusi Apea I as Omanhene and Paramount Chief of Wenchi is contrary to custom and is hereby declared to be null and void.

Section 2—Confirmation of the Enstoolment of Nana Mbore Bediatuo VI.

(1) The nomination, election and enstoolment of Nana Mbore Bediatuo VI was in accordance with the custom of Wenchi and accordingly the purported removal of Nana Mbore Bediatuo VI as Omanhene and Paramount Chief of Wenchi by the chieftaincy (Amendment) Decree, 1966 (NLCD 112) was void and of no effect.

(2) The said Nana Mbore Bediatuo VI is therefore hereby restored as Omanhene and Paramount Chief of Wenchi with immediate effect.

Section 3—Nana Kusi Apea "I" not to Assume Role of Chief.

(1) Nana Kusi Apea I shall not—

(a) purport to be Omanhene or Paramount Chief of Wenchi whether under customary law or otherwise;

(b) in any manner assert any claim to be Omanhene or Paramount Chief of Wenchi;

(c) do any act tending to incite disaffection against Nana Mbore Bediatuo VI, Omanhene of Wenchi.

(2) If the said Nana Kusi Apea I contravenes any provisions of subsection (1) of this section he is guilty of an offence and liable on conviction to a term of imprisonment not exceeding two years.

Section 4—Nullification of Queenmother''s Removal.

(1) The purported destoolment of Nana Gyebua Ababio, the late Queenmother of Wenchi was contrary to custom and is hereby declared to be null and void.

(2) The late queenmother was and remained the properly enstooled queenmother until her death.

Section 5—Removal of Divisional Chiefs Nullified.

(1) The purported destoolment of the following divisional chiefs namely, Nana Twum Ameyaw II, Kyidomhene; Nana Ankama Yaw Boaponsem, Adumhene; Nana Takyi Gyan, Gyasehene; Nana Kyereme Asiasaa, Twafohene and Nana Kofi Num, Gyassewahene was contrary to custom and is hereby declared to be null and void.

(2) The said divisional chiefs are hereby restored to the traditional status they occupied before the enactment of the Chieftaincy (Amendment) Decree, 1966 (NLCD 112).

Section 6—No Person to Recognise Nana Kusi Apea I.

(1) No person shall—

(a) recognise Nana Kusi Apeal I as Omanhene and Paramount Chief of Wenchi whether under customary law or otherwise

(b) in any manner support, encourage or canvass any claim of Nana Kusi Apea I to be Omanhene or Paramount Chief of Wenchi;

(c) do any act tending to incite disaffection against Nana Mbore Bediatuo VI, Omanhene and Paramount Chief of Wenchi.

(2) Any person who contravenes any provision of subsection (1) of this section is guilty of an offence and liable on summary conviction to a fine not exceeding ¢1,000.00 or to imprisonment not exceeding two years or to both.

Section 7—Application.

The provisions of this Decree shall apply notwithstanding any enactment, customary law or any other law to the contrary.

Made this 28th day of October, 1976.

GENERAL I. K. ACHEAMPONG

Chairman of the Supreme Military Council.

Date of Gazette Notification: 5th November, 1976.