Indexed passage in the Constitution of Ghana

CHIEFTAINCY 270. INSTITUTION OF CHIEFTAINCY. (1) The institution of chieftaincy, together with i ts 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 honou r and dignity of the institution of chieftaincy. (3) Nothing in or done under the authority of any l aw shall be held to be inconsistent with, or in contravention of, clause (1) or (2) of this arti cle if the law makes provision for— (a) the determination, in accordance with the appro priate 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 validi ty of the nomination, election, selection, installation or deposition of a person as a chief; (b) a traditional council or a Regional House of Ch iefs or the National House of Chiefs to establish and operate a procedure for the registrat ion 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 par amount 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 affecti ng chieftaincy; (b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified s ystem of rules of customary law, and compiling the customary laws and lines of successio n 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 h armful; (d) perform such other functions, not being inconsi stent with any function assigned to the House of Chiefs of a region, as Parliament may refe r to it. 273. JURISDICTION OF THE NATIONAL HOUSE OF CHIEFS. (1) The National House of Chiefs shall have appella te 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 Supre me Court. (2) The appellate jurisdiction of the National Hous e of Chiefs shall be exercised by a Judicial Committee of the National House of Chiefs consistin g of five persons appointed by that House from among its members. (3) A Judicial Committee of a National House of Chi efs shall be assisted by a lawyer of not less than ten years’ standing appointed by the Nati onal House of Chiefs on the recomendation of the Attorney-General. (4) A member of a Judicial Committee of the Nationa l House of Chiefs shall be removed from office on the ground of proven misbehaviour or of i nfirmity 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 C hiefs 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 o f a Regional House of Chiefs; or (c) which cannot otherwise be dealt with by a Regio nal House of Chiefs. (6) An appeal shall lie as of right in respect of a ny cause or matter dealt with by a Judicial Committee of the National House of Chiefs under cla use (5) of this article to the Supreme Court. 274. REGIONAL HOUSE OF CHIEFS. (1) There shall be established in and for each regi on of Ghana a Regional House of Chiefs. (2) A Regional House of Chiefs shall consist of suc h 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 th is Constitution or any other law with any responsibility for any matter relating to or affect ing 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 de position of a person as a chief; (d) have original jurisdiction in all matters relat ing to a paramount stool or skin or the occupant of a paramount stool or skin, including a queenmother to a paramount stool or skin; (e) undertake a study and make such general recomme ndations as are appropriate for the resolution or expeditious disposition of chieftainc y 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 R egional House of Chiefs shall be exercised by a Judicial Committee of the Regional House of Ch iefs consisting of three chiefs appointed by the Regional House of Chiefs from among its memb ers. (5) A Judicial Committee of a Regional House of Chi efs shall be assisted by a lawyer of not less than five years’ standing appointed by the Reg ional 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 infi rmity of mind or body by the votes of not less than two-thirds of all the members of the Regi onal House of Chiefs. 275. DISQUALIFICATION OF CONVICTED PERSONS. A person shall not be qualified as a chief if he ha s 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 POLITI CS. (1) A chief shall not take part in active party pol itics; and any chief wishing to do so and seeking election to Parliament shall abdicate his s tool 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 requir es, “chief” means a person, who, hailing from the appropriate family and lineage, has been v alidly nominated, elected or selected and enstooled, enskinned or installed as a chief or que enmother in accordance with the relevant customary law and usage.