TABLE OF CONTENTS
PREFACE ………………………………………………………………………………… 1
Part I
PREAMBLE ………………………………………………………………………...... 3
Part II
STATEMENT OF PURPOSE, GUIDING PRINCIPLES AND VALUES … 4
Part III
SPECIFIC RULES OF ROYAL ETHICS ………………………………………… 7
(i) Commitment to the Laws of Ghana
(ii) Commitment to the Dignity of the Institution of Chieftaincy
(iii) Commitment to the Community and the People
(iv) Commitment to Colleague and other Chiefs
(v) Commitment to the Stool/Skin, Royal Family, Elders and
Counsellors
Part IV
PROCESSES OF IMPLEMENTATION ………………………………………….. 11
(i) Establishment of Ethics Committee
(ii) Reports and Complaints
(iii) Advice and wise counsel (corrective measures)
(iv) Violation of Rule not grounds for deposition
Part V
DEFINITIONS ……………………………………………………………………….. 14
(i) In Public
(ii) Confidential Information
(iii) Community
(iv) Clan
(v) Chief
(vi) Taboo
(vii) Active Party Politics
PREFACE
The preparation towards the writing of a code of Royal Ethics for chiefs began with a literature review of the code of conduct and ethics of some of the prominent professional bodies, institutions and associations in this country. The same exercise also dealt with a review of some judgments of the superior courts of Ghana relating to chieftaincy and ethics, and an examination of some of the unpublished research reports of the National House of Chiefs relating to principal depositional offences as compiled in the codification of lines of succession project.
The purpose of the lines of succession project was to curtail unending litigation in chieftaincy affairs; to clarify procedures for the knowledge of stool claimants, kingmakers and other stake holders; to ensure peace and stability during periods of transition; and, to serve as an authentic documentation for instruction and reference for the codification of customary laws and succession.
The second part of the preparation dealt with the administration of questionnaire in all the ten regions of Ghana. The questionnaire aimed among other things, at gathering data on the need and contents of a code of royal ethics for chiefs. An analysis of the field report made substantial revelations and contributions towards this royal code of ethics. For example, on the need for a code of royal ethics for chiefs 99% of the respondent chiefs answered yes with only 1% answering no. On the same issue 97.8% of non chief respondents answered yes with only 2.2% being in the negative. This is a demonstration of the fact that this code of royal ethics for chiefs has a phenomenal support of both chiefs and non chiefs.
Finally the National House of Chiefs acknowledges the kind support, both in cash and in kind, of the Konrad Adenauer Stiftung (KAS) in the production of this code of royal ethics for chiefs and in many other projects of the House.
WULUGU NABA PUGANSOA, NAA PROF. JOHN SEBIYAM NABILA
PRESIDENT, NATIONAL HOUSE OF CHIEFS
PART I
PREAMBLE
THE NATIONAL HOUSE OF CHIEFS, acting on behalf of the chiefs of Ghana,
RECOGNIZING that Chieftaincy is a revered traditional institution of governance
in this country,
AWARE of the high pedestal which the Constitution of Ghana [1992] has placed the institution to the extent that the institution together with its traditional councils as established by customary law and usage is guaranteed by the constitution,
AND in furtherance of which even Parliament has no power to enact any law which confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever, or which in anyway detracts or derogates from the honour and dignity of the institution of chieftaincy,
NOT LOOSING SIGHT of the important role that the institution has played in the development of this country in the past, and continues to play,
AND BELIEVING that the institution has more to offer the country in terms of its general development even now and in the future,
DETERMINED to continue to play our part well in the sustenance of the institution and its role and relationships with government, the people and other stakeholders in order that the respect we as chiefs enjoy shall not be whittled away,
GIVE TO OURSELVES THIS CODE OF ROYAL ETHICS pursuant to Article 272 (b) and Sections 51 and 52 of the Chieftaincy Act 2008, (Act 759).
PART II
STATEMENT OF PURPOSE, GUIDING PRINCIPLES, AND VALUES
1) Chieftaincy in Ghana is not only revered as an indigenous traditional institution of governance, but also, contributes significantly to the social, economic and political development of the country. This is exemplified by constitutional guarantee of the institution together with its traditional councils as enshrined in article 270 (1) of the 1992 Constitution.
2) The retention of the position which the institution has enjoyed and indeed continues to enjoy, and the ability of chiefs to continue to play their role and command the respect of the people in the modern Ghanaian State, to a large extent, depends upon chiefs themselves.
3) Many institutions, organizations, professions, associations, etc. in Ghana, and in fact the world over have codes regulating the behaviour of their members. Chiefs in this country should not be left out in order to sustain the profound reverence the people have for the traditional nobility.
4) Indeed, one cannot afford to ignore the unwritten great and ancient traditions of chieftaincy which have regulated the conduct and behaviour of chiefs in this country. The time has now come for these great and ancient chieftaincy traditions of royal conduct and good behaviour to be reduced into writing within the context of the modern constitutional order. In this sense this code of royal ethics is a blend of the old and the new.
5) A Chief is expected to possess special qualities, he is required to have an unblemished character, to be bold and be seen as the epitome of good manners.
6) As much as it is possible, the palace of the chief is open to all and indeed in areas where central government administration is hardly felt, the palace of the chief becomes the reference point.
7) Section 57(1) of the Chieftaincy Act 2008, Act 759 defines a Chiefs as “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 queenmother in accordance with the relevant customary law and usage”.
For the avoidance of doubt this code reminds chiefs:-
a) That Chiefs are to lead exemplary lives worthy of emulation.
b) That their actions and behaviour should be regulated accordingly.
c) That they should perform their duties as chiefs diligently so as to gain the respect of their peoples, and
d) That they should comply with the laws of the state especially those relating to chieftaincy as contained in the constitution, the chieftaincy Act and any other law of the land.
e) That Chiefs should take all necessary steps to promote development of their traditional areas.
PART III
SPECIFIC RULES OF ROYAL ETHICS FOR CHIEFS
3.1. COMMITMENT TO THE LAWS OF GHANA
3.1.1. A chief should generally uphold the laws of Ghana and should not engage
in any unlawful activity.
3.1.2. A chief should not involve himself in any activity which will lead to his
conviction for high treason, treason, high crime, or for an offence involving
the security of the state, fraud, dishonesty or moral turpitude, or any other
crime. (Constitution of Ghana, Article 275).
3.1.3. A chief should not take part in active party politics and any chief wishing
to do so should abdicate his stool or skin. (Constitution of Ghana, Article 276).
3.1.4. A chief should not discriminate against political parties and should treat all
political parties equally.
3.1.5. A chief should not make divisive statements either in public or to the media
which will show his party political leaning.
3.1.6. A chief should not openly declare his support by word or deed for a
particular political party.
3.1.7. A chief who is appointed to serve on a Judicial Committee of a House of
Chiefs or Traditional Council should demonstrate fairness in the determination of the matter and should not unduly draw attention to his membership where the matter is sub-judice.
3.1.8. A chief who serves on a Judicial Committee of a House of Chiefs or
Traditional Council and who has heard the evidence of both parties should not withdraw from the committee until judgment is given.
3.1.9. A chief should not put himself in a situation which will lead to his being
declared insolvent, or bankrupt under a law in force in the Republic or in any other country and remain undischarged insolvent or bankrupt.
3.1.10. A chief should not perform any statutory duty unless his name is entered in
the National Register of Chiefs as a chief. (Chieftaincy Act, 2008, Act 759
Section 57 (5)).
3.2 COMMITMENT TO THE DIGNITY OF THE INSTITUTION OF CHIEFTAINCY
3.2.1 A chief should generally uphold the dignity of the chieftaincy institution
and should not go against the local taboos of his stool or skin unless such taboos have been customarily eliminated or proscribed.
3.2.2. A chief should not eat, drink or smoke in public nor misbehave himself nor should he appear under the influence of alcoholic beverage in public.
3.2.3. A chief should not quarrel, brawl, fight or physically attack any person in public, neither should he use any indecent language in public.
3.2.4. A chief should not embezzle, steal or misappropriate stool property.
3.2.5. A chief should appear in public with dignity and royal honour and should
not indulge in demeaning conduct unbecoming of a chief.
3.2.6. A chief should not in any way associate himself with persons of
dishonourable or dubious characters.
3.2.7. A chief should always appear in appropriate dress code to distinguish
himself as a chief in accordance with the customary practice of his traditional area.
3.2.8. A chief should not mix his personal property with the stool/skin
Property.
3.2.9. A chief should not guarantee a loan for a person other than his
immediate family members and in all other cases unless in an extreme situation and even so with the approval of his elders.
3.2.10. A chief should not use any stool/skin property as a collateral for a
personal loan unless it is with the approval of his elders for the benefit
of the Traditional Area.
3.2.11. A chief should not stand as a surety for any person other than members of his immediate family unless in an extreme situation and even so not
without the approval of his elders.
3.3 COMMITMENT TO THE COMMUNITY AND THE PEOPLE
3.3.1. The welfare of the community and the people should be of supreme interest to the chief.
3.3.2. A chief should from time to time cause to be rendered to the elders accounts of monies which are derived from the resources of the community e.g. royalties and donations and all others which are meant for community development.
3.3.3. A chief should always keep in touch with his people and establish good rapport with his kingmakers, queenmother, elders and counselors
3.3.4. A chief should accept all the people in his domain or territory as his, including strangers or settlers who accept and respect the customs and traditions of the traditional area or community and should not perceive anyone as an enemy.
3.3.5. A chief should not engage in extra-marital relationship with spouses of subjects or other persons or in any conduct involving moral turpitude.
3.3.6. A chief should not be seen to be openly insulting people or fighting with people.
3.3.7. A chief in conjunction with the elders, fetish or earth priests is the traditional custodian of the properties and resources of the community and the people and therefore in taking all decisions care should be taken that these properties are not dissipated since he holds them in trust for the people, past, present and the future.
3.4. COMMITMENT TO COLLEAGUE AND OTHER CHIEFS
3.4.1. A chief should generally hold in high esteem a colleague chief and accord him due respect and honour.
3.4.2. A chief should not assume a position which he is not entitled to by custom. (Chieftaincy Act, 2008, Act 759, Section 63 (6)).
3.4.3. A chief who owes allegiance to a superior chief or overlord should not abuse such allegiance. This is pursuant to Section 72 of the Chieftaincy Act 2008, (Act 759) which states that “A provision of this Act does not prejudice a right of allegiance to which a chief in one region is entitled to from a chief in another region or a right of a stool in one region to property movable or immovable in another region.”
3.4.4. In matters of enstoolments/enskinments, depositions or any other matter of disputes about chieftaincy or customary arbitration between contestants, an adjudicating chief should exhibit justice, fair play and integrity.
3.5. COMMITMENT TO THE STOOL, THE ROYAL FAMILY, ELDERS AND COUNSELORS
3.5.1. A chief should be mindful that he owes his position first and foremost to the clan from which he hails, royal family who nominated him through the Queenmother, Abusuapanin or stool father as the case may be and thirdly to the Kingmakers or elders who elected him and finally his counselors whose wise counseling have aided him to administer the affairs of his area in accordance with tradition and custom. Consequently a chief should accord such catergories of traditional authorities the due respect in all his dealings or interactions with them.
3.5.2. A chief should always protect the stool/skin property and should not dispose, alienate or pledge any stool property without the consent and concurrence of the principal members of the royal family or elders.
3.5.3. A chief should respect and not act contrary to the great and ancient traditions pertaining to the stool/skin, clan and the community.
3.5.4. A chief should not divulge to any unauthorized person confidential information about his stool, clan, royal family, elders and counsellors.
PART IV
PROCESSES OF IMPLEMENTATION
(i) ESTABLISHMENT OF ETHICS COMMITTEE
(II) REPORTS AND COMPLAINTS
(III) ADVICE AND WISE COUNSEL (CORRECTIVE MEASURES)
(IV) VIOLATION OF RULE NOT GROUNDS FOR DEPOSITION
4.1. ESTABLISHMENT OF ETHICS COMMITTEE