Located in the western part of Africa, Ghana shares borders with Ivory
Coast, Togo, Burkina Faso. The population of this country is approx
3,21,03,000 with 2,38,535 square kilometers area. Ghana has many ethnic
communities, the majority being the Akan, who make up about 45%. The
official language is English, along with many other languages recognized
at the national level. Followers of many religions live in Ghana,
including 71% Christian, 19% Muslim.
Ghana's constitution is
full of positive provisions. Notable among which is the clear
description of citizen's responsibilities. The only penalty for
overthrowing an elected political government is death. A minor can be
arrested if necessary to force him to study. Everyone has the right to
enjoy, practice, profession, maintain and propagate any culture,
language, tradition or religion subject to the provisions of the
Constitution. However, all customary activities that are harmful to a
person's physical and mental well-being are prohibited. Every political
party shall be based on national character and membership shall not be
based on communal, religious, regional or other sectional divisions. In
any land every mineral under it or any area covered by rivers, economic
zone and continental shelf is the property of the state. All those
holding public office - before assuming office, at the end of every four
years, at the end of his term of office - shall submit a written
declaration of all the properties or assets or liabilities owned by him
to the Auditor-General.
These are positive aspects. Now let's discuss the negative aspects.
The negative aspects of the Ghana constitution are horrific. Ghana has
provided constitutional recognition of customary law to certain
communities - inconsistent with the notion of the national state. The
way in which the powers of making, enforcing and judging laws have been
delegated to small communities is like the existence of many more states
within a state. The possibility of expelling a member of Parliament is
reserved through the Parliamentary Committee. It can be used as a weapon
to suppress the opposition.
Admirable Articles of Ghana's Constitution
1. SUPREMACY OF THE CONSTITUTION (Part of it)
1. The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.
2. This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall. to the extent of the inconsistency, be void.
3. DEFENCE OF THE CONSTITUTION
2. Any activity of a person or group of persons which suppresses or seeks to suppress the lawful political activity of any other person or any class of persons, or persons generally is unlawful.
3. Any person who-
a. by himself or in concert with others by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act; or
b. aids and abets in any manner any person referred to in paragraph (a) of this clause;
commits the offence of high treason and shall, upon conviction, be sentenced to suffer death.
4. All citizens of Ghana shall have the right and duty at all times –
a. to defend this Constitution, and in particular, to resist any person or group of persons seeking to commit any of the acts referred to in clause (3) of this article; and
b. to do all in their power to restore this Constitution after it has been suspended, overthrown, or abrogated as referred to in clause (3) of this article.
5. Any person or group of persons who suppresses or resists the suspension, overthrow or abrogation of this Constitution as referred to in clause (3) of this article, commits no offence.
6. Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be taken to be void from the time it was imposed and he shall, from that time, be taken to be absolved from all liabilities arising out of the punishment.
7. The Supreme Court shall, on application by or on behalf of a person who has suffered any punishment or loss to which clause (6) of this article relates, award him adequate compensation, which shall be charged on the Consolidated Fund, in respect of any suffering or loss incurred as a result of the punishment.
14. PROTECTION OF PERSONAL LIBERTY (Part of it)
1. Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law-
a. in execution of a sentence or order of a court in respect of a criminal offence of which he has been convicted; or
b. in execution of an order of a court punishing him for contempt of court; or
c. for the purpose of bringing him before a court in execution of an order of a court; or
d. in the case of a person suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community; or
e. for the purpose of the education or welfare of a person who has not attained the age of eighteen years; or
g. upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana.
2. A person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.
3. A person who is arrested, restricted or detained-
a. for the purpose of bringing him before a court in execution of an order of a court; or
b. upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana, and who is not released,
shall be brought before a court within forty-eight hours after the arrest, restriction or detention.
4. Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
5. A person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that other person.
15. RESPECT FOR HUMAN DIGNITY
1. The dignity of all persons shall be inviolable.
2. No person shall, whether or not he is arrested, restricted or detained, be subjected to-
a. torture or other cruel, inhuman or degrading treatment or punishment;
b. any other condition that detracts or is likely to detract from his dignity and worth as a human being.
3. A person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons.
4. A juvenile offender who is kept in lawful custody or detention shall be kept separately from an adult offender.
16. PROTECTION FROM SLAVERY AND FORCED LABOUR
1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
3. For the purposes of this article, "forced labour" does not include-
a. any labour required as a result of a sentence or order of a court; or
b. any labour required of a member of a disciplined force or service as his duties or, in the case of a person who has conscientious objections to a service as a member of the Armed Forces of Ghana, any labour which that person is required by law to perform in place of such service; or
c. any labour required during any period when Ghana is at war or in the event of an emergency or calamity that threatens the life and well-being of the community, to the extent that the requirement of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purposes of dealing with the situation; or
d. any labour reasonably, required as part of normal communal or other civic obligations.
19. FAIR TRIAL (Part of it)
1. A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court.
2. A person charged with a criminal offence shall-
a. in the case of an offence other than high treason or treason, the punishment for which is death or imprisonment for life, be tried by a judge and jury and-
i. where the punishment is death, the verdict of the jury shall be unanimous; and
ii. in the case of life imprisonment, the verdict of the jury shall be by such majority as Parliament may by law prescribe;
b. in the case of an offence triable by a Regional Tribunal the penalty for which is death, the decision of the Chairman and the other panel members shall be unanimous;
c. be presumed to be innocent until he is proved or has pleaded guilty;
d. be informed immediately in a language that he understands, and in detail, of the nature of the offence charged;
e. be given adequate time and facilities for the preparation of his defence;
f. be permitted to defend himself before the court in person or by a lawyer of his choice;
g. be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on the same conditions as those applicable to witnesses called by the prosecution;
h. be permitted to have, without payment by him, the assistance of an interpreter where he cannot understand the language used at the trial; and
i. in the case of the offence of high treason or treason, be tried by the High Court duly constituted by three Justices of that Court and the decision of the Justices shall be unanimous.
3. The trial of a person charged with a criminal offence shall take place in his presence unless-
a. he refuses to appear before the court for the trial to be conducted in his presence after he has been duly notified of the trial; or
b. he conducts himself in such a manner as to render the continuation of the proceedings in his presence impracticable and the court orders him to be removed for the trial to proceed in his absence.
5. A person shall not be charged with or held to be guilty of a criminal offence which is founded on an act or omission that did not at the time it took place constitute an offence.
6. No penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed.
7. No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted, shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for the offence, except on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
10. No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
20. PROTECTION FROM DEPRIVATION OF PROPERTY
1. No property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the State unless the following conditions are satisfied-
a. the taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such a manner as to promote the public benefit; and
b. the necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property.
2. Compulsory acquisition of property by the State shall only be made under a law which makes provision for-
a. the prompt payment of fair and adequate compensation; and
b. a right of access to the High Court by any person who has an interest in or right over the property whether direct or on appeal from any other authority for the determination of his interest or right and the amount of compensation to which he is entitled.
3. Where a compulsory acquisition or possession of land effected by the, State in accordance with clause (1) of this article involves displacement of any inhabitants, the State shall resettle the displaced inhabitants on suitable alternative land with due regard for their economic well-being and social and cultural values.
4. Nothing in this article shall be construed as affecting the operation of any general law so far as it provides for the taking of possession or acquisition of property-
a. by way of vesting or administration of trust property, enemy property or the property of persons adjudged or otherwise declared. bankrupt or insolvent, persons of unsound mind, deceased persons or bodies corporate or unincorporated in the course of being wound up; or
b. in the execution of a judgment or order of a court; or
c. by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or
d. in consequence of any law with respect to die limitation of actions; or
e. for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry; or
f. for so long as may be necessary for the carrying out of work on any land for the purpose of the provision of public facilities or utilities, except that where any damage results from any such work there shall be paid appropriate compensation.
5. Any property compulsorily taken possession of or acquired in the public interest or for a public purpose shall be used only in the public interest or for the public purpose for which it was acquired.
6. Where the property is not used in the public interest or for the purpose for which it was acquired, the owner of the property immediately before the compulsory acquisition, shall be given the first option for acquiring the property and shall, on such reacquisition refund the whole or part of the compensation paid to him as provided for by law or such other amount as is commensurate with the value of the property at the time of the reacquisition.
26. CULTURAL RIGHTS AND PRACTICES
1. Every person is entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.
2. All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited.
29. RIGHTS OF DISABLED PERSONS
1. Disabled persons have the right to live with their families or with foster parents and to participate in social, creative or recreational activities.
2. A disabled person shall, not be subjected to differential treatment in respect of his residence other than that required by his condition or by the improvement which he may derive from the treatment.
3. If the stay of a disabled person in a specialised establishment is indispensable, the environment and living conditions there shall be as close as possible to those of the normal life of a person of his age.
4. Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or de grading nature.
5. In any judicial proceedings which a disabled person is a party the legal procedure applied shall take his physical and mental condition into account.
6. As far as practicable, every place to which the public has access shall have appropriate facilities for disabled persons.
7. Special incentives shall be given to disabled persons engaged in business and also to business organisations that employ disabled persons in significant numbers.
35. POLITICAL OBJECTIVES (Part of it)
1. Ghana shall be a democratic state dedicated to the realization of freedom and justice; and accordingly, sovereignty resides in the people of Ghana from whom Government derives all its powers and authority through this Constitution.
2. The State shall protect and safeguard the independence, unity and territorial integrity of Ghana, and shall seek the well-being of all her citizens.
3. The State shall promote just and reasonable access by all citizens to public facilities and services in accordance with law.
4. The State shall cultivate among all Ghanaians respect for fundamental human rights and freedoms and the dignity of the human person.
5. The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
6. Towards the achievement of the objectives stated in clause, (5) of this article, the State shall take appropriate measures to-
a. foster a spirit of loyalty to Ghana that overrides sectional, ethnic and other loyalties;
b. achieve reasonable regional and gender balance in recruitment and appointment to public offices;
c. provide adequate facilities for, and encourage free mobility of people, goods and services throughout Ghana;
d. make democracy a reality by decentralizing the administrative and financial machinery of government to the regions and districts and by affording all possible opportunities to the people to participate in decision-making at every level in national life and in government; and
e. ensure that whenever practicable, the headquarters of a Government or public institution offering any service is situated in an area within any region, taking into account the resources and potentials of the region and the area.
8. The State shall take steps to eradicate corrupt practices and the abuse of power.
9. The state shall promote among the people of Ghana the culture of political tolerance.
36. ECONOMIC OBJECTIVES
1. The State shall take all necessary action to ensure that the national economy is managed in such a manner as to maximize the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in Ghana and to provide adequate means of livelihood and suitable employment and public assistance to the needy.
2. The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include-
a. the guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity;
b. affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy;
c. ensuring that individuals and the private sector bear their fair share of social and national responsibilities including responsibilities to contribute to the overall development of the country;
d. undertaking even and balanced development of all regions and every part of each region of Ghana, and, in particular, improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and the urban areas;
e. the recognition that the most secure democracy is the one that assures the basic necessities of life for its people as a fundamental duty.
3. The State shall take appropriate measures to promote the development of agriculture and industry.
9. The State shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for mankind.
10. The State shall safeguard the health, safety and welfare of all persons in employment, and shall establish the basis for the full deployment of the creative potential of all Ghanaians.
11. The State shall encourage the participation of workers in the decision-making process at the work place.
37. SOCIAL OBJECTIVES (Part of it)
2. The State shall enact appropriate laws to assure-
a. the enjoyment of rights of effective participation in development processes including rights of people to form their own associations free from state interference and to use them to promote and protect their interests in relation to development processes, rights of access to agencies and officials of the State necessary in order to realise effective participation in development processes; freedom to form organizations to engage in self-help and income generating projects; and freedom to raise funds to support those activities;
4. The State shall maintain a population policy consistent with the aspirations and development needs and objectives of Ghana.
5. The State shall ensure that adequate facilities for sports are provided throughout Ghana and that sports are promoted as a means of fostering national integration, health and self-discipline as well as international friendship and understanding.
6. The State shall-
a. ensure that contributory schemes are instituted and maintained that will guarantee economic security for self-employed and other citizens of Ghana; and
b. provide social assistance to the aged such as will enable them to maintain a decent standard of living.
41. DUTIES OF A CITIZEN (Part of it)
The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen-
b. to uphold and defend this Constitution and the law;
c. to foster national unity and live in harmony with others;
d. to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
e. to work conscientiously in his lawfully chosen occupation;
f. to protect and preserve public property and expose and combat misuse and waste of public funds and property;
g. to contribute to the well-being of the community where that citizen lives;
i. to co-operate with lawful agencies in the maintenance of law and order;
j. to declare his income honestly to the appropriate and lawful agencies and to satisfy all tax obligations; and
k. to protect and safeguard the environment.
55. ORGANIZATION OF POLITICAL PARTIES (Part of it)
4. Every political party shall have a national character, and membership shall not be based on ethnic, religious, regional or other sectional divisions.
7. For purposes of registration, a prospective political party shall furnish the Electoral Commission with a copy of its Constitution and the names and addresses of its national officers; and shall satisfy the Commission that-
a. there is ordinarily resident, or registered as a voter, in each district. of Ghana, at least one founding member of the party;
b. the party has branches in all the regions of Ghana and is, in addition, organised in not less than two-thirds of the districts in each region; and
c. the party's name, emblem, colour, motto or any other symbol has no ethnic, regional, religious or other sectional connotation or gives the appearance that its activities are confined only to a part of Ghana.
14. Political parties shall be required by law-
a. to declare to the public their revenues and assets and the sources of those revenues and assets; and
b. to publish to the public annually their audited accounts.
115. FREEDOM OF SPEECH AND OF PROCEEDINGS
There shall be freedom of speech, debate and proceedings in Parliament and that freedom shall not be impeached or questioned in any court or place out of Parliament.
121. PRIVILEGES OF WITNESSES
1. A person summoned to attend to give evidence or to produce a paper, book, record or other document before Parliament, shall be entitled, in respect of his evidence, or the production of the document, as the case may be, to the same privileges as if he were appearing before a court.
2. A public officer shall not be required to produce before Parliament a document where-
a. the Speaker certifies-
i. that the document belongs to a class of documents, the production of which is injurious to the public interest; or
ii. that disclosure of the contents of the document will be injurious to the public interest; or
b. the National Security Council certifies-
i. that the document belongs to a class of documents, the production of which is prejudicial to the security of the State; or
ii. that disclosure of the contents of the document will be prejudicial to the security of the State.
3. Where there is a doubt as to the nature of a document such as is referred to in clause (2) of this article, the Speaker or the National Security Council, as the case may be, shall refer the matter to the Supreme Court for determination whether the production, or the disclosure of the, contents, of the document would be injurious to the public interest or, as the case may be, prejudicial to the security of the State.
4. An answer by a person to a question put by Parliament shall not be admissible in evidence against him in any civil or criminal proceedings out of Parliament, except proceedings for perjury brought under the criminal law.
257. PUBLIC LANDS AND OTHER PUBLIC PROPERTY
6. Every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout Ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the Republic of Ghana and shall be vested in the President on behalf of, and in trust for the people of Ghana.
284. CONFLICT OF INTEREST
A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.
286. DECLARATION OF ASSETS AND LIABILITIES (Part of it)
1. A person who holds a public office mentioned in clause (5) of this article shall submit to the Auditor-General a written declaration of all property or assets owned by, or liabilities owed by, him whether directly or indirectly-
a. within three months after the coming into force of this Constitution or before taking office, as the case may be,
b. at the end of every four years; and
c. at the end of his term of office.
2. Failure to declare or knowingly making false declaration shall be a contravention of this Constitution and shall be dealt with in accordance with article 287 of this Constitution.
3. The declaration made under clause (1) of this article shall, on demand, be produced in evidence-
a. before a court of competent jurisdiction; or
b. before a commission of inquiry appointed under article 278 of this Constitution; or
c. before an investigator appointed by the Commissioner for Human Rights and Administrative Justice.
4. Any property or assets acquired by a public officer after the initial declaration required by clause (1) of this article and which is not reasonably attributable to income, gift, loan, inheritance or any other reasonable source shall be deemed to have been acquired in contravention of this Constitution.
7. Before entering upon the duties of his office, a person appointed to an office to which the provisions of this article apply, shall take and subscribe the oath of allegiance, the oath of secrecy and the official oath set out in the Second Schedule to this Constitution, or any other oath appropriate to his office.
Facts of Ghana's Constitution
Preamble (Part of it)
IN THE NAME OF THE ALMIGHTY GOD
11. THE LAWS OF GHANA (Part of it)
1. The laws of Ghana shall comprise-
a. this Constitution;
b. enactments made by or under the authority of the Parliament established by this Constitution;
c. any Orders, Rules and Regulations made by any person or authority under a power conferred by this Constitution;
d. the existing law; and
e. the common law.
3. For the purposes of this article, "customary law" means the rules of law which by custom are applicable to particular communities in Ghana.
97. TENURE OF OFFICE OF MEMBERS
1. A member of Parliament shall vacate his seat in Parliament-
d. if he is expelled from Parliament after having been found guilty of contempt of Parliament by a committee of Parliament; or
CHAPTER 22. CHIEFTAINCY
270. INSTITUTION OF CHIEFTAINCY
1. The institution of chieftaincy, together with its traditional councils as established by customary law and usage is hereby guaranteed.
2. Parliament shall have no power to enact any law which-
a. confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever, or
b. in any way detracts or derogates from the honour and dignity of the institution of chieftaincy.
3. Nothing in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, clause (1) or (2) of this article if the law makes provision for
a. the determination, in accordance with the appropriate customary law and usage, by a Traditional Council, a Regional House of Chiefs or the National House of Chiefs or a Chieftaincy Committee of any of them, of the validity of the nomination, election, selection, installation or deposition of a person as a chief;
b. a Traditional Council or a Regional House of Chiefs or the National House of Chiefs to establish and operate a procedure for the registration of chiefs and the public notification in the Gazette or otherwise of the status of persons as chiefs in Ghana.
271. NATIONAL HOUSE OF CHIEFS
1. There shall be a National House of Chiefs. .
2. The House of Chiefs of each region shall elect as members of the National House of Chiefs five paramount chiefs from the region.
3. Where in a region there are fewer than five paramount chiefs, the House of Chiefs of the region shall elect such number of divisional chiefs as shall make up the required representation of chiefs for the region.
272. FUNCTIONS OF THE NATIONAL HOUSE OF CHIEFS
The National House of Chiefs shall-
a. advise any person or authority charged with any responsibility under this Constitution or any other law for any matter relating to or affecting chieftaincy;
b. undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin;
c. undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful;
d. perform such other functions, not being inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it.
273. JURISDICTION OF THE NATIONAL HOUSE OF CHIEFS
1. The National House of Chiefs shall have appellate jurisdiction in any cause or matter affecting chieftaincy which has been determined by the Regional House of Chiefs in a region, from which appellate jurisdiction there shall be an appeal to the Supreme Court, with the leave of the National House of Chiefs, or the Supreme Court.
2. The appellate jurisdiction of the National House of Chiefs shall be exercised by a Judicial Committee of the National House of Chiefs consisting of five persons appointed by that House from among its members.
3. A Judicial Committee of a National House of Chiefs shall be assisted by a lawyer of not less than ten years' standing appointed by the National House of Chiefs on the recommendation of the Attorney-General.
4. A member of a Judicial Committee of the National House of Chiefs shall be removed from office on the ground of proven misbehaviour or of infirmity of mind or body by the votes of not less than two-thirds of all the members of the National House of Chiefs.
5. A Judicial Committee of the National House of Chiefs shall have original jurisdiction in any cause or matter affecting chieftaincy
a. which lies within the competence of two or more Regional Houses of Chiefs; or
b. which is not properly within the jurisdiction of a Regional House of Chiefs; or
c. which cannot otherwise be dealt with by a Regional House of Chiefs.
6. An appeal shall lie as of right in respect of any cause or matter dealt with by a Judicial Committee of the National House of Chiefs under clause (5) of this article to the Supreme Court.
274. REGIONAL HOUSE OF CHIEFS
1. There shall be established in and for each region of Ghana a Regional House of Chiefs.
2. A Regional House of Chiefs shall consist of such members as Parliament may, by law, determine.
3. A Regional House of Chiefs shall-
a. perform such functions as may be conferred upon it by or under an Act of Parliament;
b. advise any person or authority charged under this Constitution or any other law with any responsibility for any matter relating to or affecting chieftaincy in the region;
c. hear and determine appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief;
d. have original jurisdiction in all matters relating to a paramount stool or skin or the occupant of a paramount stool or skin, including a queen mother to a paramount stool or skin;
e. undertake a study and make such general recommendations as are appropriate for the resolution or expeditious disposition of chieftaincy disputes in the region;
f. undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region.
4. The original and appellate jurisdictions of a Regional House of Chiefs shall be exercised by a Judicial Committee of the Regional House of Chiefs consisting of three chiefs appointed by the Regional House of Chiefs from among its members.
5. A Judicial Committee of a Regional House of Chiefs shall be assisted by a lawyer of not less than five years' standing appointed by the Regional House of Chiefs on the recommendation of the Attorney-General.
6. A member of a Judicial Committee of a Regional House of Chiefs may be removed from office on the ground of proven misbehaviour or infirmity of mind or body by the votes of not less than two-thirds of all the members of the Regional House of Chiefs.
275. DISQUALIFICATION OF CONVICTED PERSONS
A person shall not be qualified as a chief if he has been convicted for high treason, treason, high crime or for an offence involving the security of the State, fraud, dishonesty or moral turpitude.
276. CHIEFS NOT TO TAKE PART IN ACTIVE PARTY POLITICS
1. A chief shall not take part in active party politics; and any chief wishing to do so and seeking election to Parliament shall abdicate his stool or skin.
2. Notwithstanding clause (1) of this article and paragraph (c) of clause (3) of article 94 of this Constitution, a chief may be appointed to any public office for which he is otherwise qualified.
277. DEFINITION OF CHIEF
In this Chapter unless the context otherwise requires, "chief" means a
person, who, hailing from the appropriate family and lineage, has been
validly nominated, elected or selected and enstooled, enskinned or
installed as a chief or queen mother in accordance with the relevant
customary law and usage.
