GHANA LAW REVIEW: “Council” in Ghana means an “Advisorsory Body”
TRADITIONAL COUNCILS ARE ADVISORY BODIES CREATED BY GOVERNMENT and administered by Registrars appointed by Local Government.
“The role of an advisory board or council is not to make decisions, but rather to provide current knowledge, critical thinking and analysis to increase the confidence of the decision-makers.”
An advisory board is different from a governance board or board of directors.
TRADITIONAL COUNCILS ARE ADVISORY BODIES CREATED BY GOVERNMENT and administered by Registrars appointed by Local Government.
Traditional Councils are statutory bodies created by the Government, not of the STOOLS or SKINS but an interface by which the Chiefs interface with Government.
The Traditional Councils are a tool of Indirect Rule of Central government through the Local Government. With the President of the Traditional Council being the Chief.
It is instructive that there is no Vice President of any Traditional Council;
Thus a Traditional Council by default ceases to exist upon the demise of the Chief or President which it advices.
Traditional Councils per Judgement of the Courts cannot sue or be sued and HAVE NO CAPACITY IN LAND CASES.
The Stool or Jaase is exclusive to the Ruling Houses from which the Chief hails…
The dichotomy between the Stool and Traditional Councils has been confirmed by the Constitution and Law as exemplified in the distribution of revenue per the distribution formular of 55%:25%:20% relative to the District Assembly, Stool and Traditional Council respectively.
CHIEFTAINCY IS NOT A DEMOCRATIC SYSTEM, however, we can draw some parallels for easy understanding.
The Chief in contemporary terms can be likened to the President vested with the executive power of STATE which is likened to the STOOL or SKIN.
THE RULING FAMILY or JAASE is coteminous with the STOOL, in the absence of the La Mantse the Most Senior Stool Elder is the Jaaseste.
The Jaase can be likened to the Ruling Party from which a President emerges, in so far as a Chief or President elected or selected by the Jaase or Party cannot purport to subsequently become Independent or cross-carpet…
The Traditional Council cannot be likened to a Cabinet.
However, the better analogous body similar to the Traditional Council is the Council of State, whose advice is not binding on the President or State just as the advice of the Traditional Council is not binding on the CHIEF or STOOL or JAASE.
The life of the Council of State is coteminous with the tenure of the President who they advice;
Likewise, all boards stand dissolved upon the expirationofthetenure of the appointing authority.
“Concurrent approval and Prior Approval are not the same as Concurrence which is essentially being a WITNESS.”
Concurrence means in agreement but not Approval.
Signing an agreement BY THE PERSON(S) holding the EXECUTIVE AUTHORITY of the STATE/STOOL/SKIN with others signing in CONCURRENCE as WITNESS(ES) does not mean ceding any authority or necessarily requiring the CONCURRENCE to give effect to the signature of the President/Chief but is often done just for the records and AVOIDANCE OF DOUBT…
E.g. The La Mantse does not require additional signatures to confirm the Executive Authority of the STOOL, but may do so in some instances to avoid undermining or feigning of ignorance of a matter discussed with the Council and Avoidance of Doubt or controversy.
The reverse is not true;
Person(s) who have once acted as WITNESS(ES) in the absence of the President or Chief, WITHOUT EXPRESS AUTHORITY of the STATE or STOOL or SKIN cannot act in the stead of the STATE or STOOL or SKIN.
E.g. the purported MoU signed by the former Lands Minister, Kwaku Asoma-Cheremeh and some persons from the La Traditional Council AGAINST THE EXPRESS POSITION OF THE LA MANTSE REPRESENTING THE LA STOOL, is void and of no consequence.
I, Prince-Derek Adjei, challenge anybody including the President, the Lands Minister, Lands Commission or the La Traditional Council to produce THE REPORT ON THE CANTONMENTS CIVIL AVIATION LAND.
I contend that there is no such report nor basis for the illegal construction work currently underway by THE FACELESS THIEVES STEALING THE PRIME LAND under the watch of the current Lands Minister, Samuel Abu Jinapor.
The Interference by governments in Chieftaincy and Land matters is causing great disquiet and conflicts across the country.
The involvement of senior judges [e.g. Chief Justice Sophia Akuffo who paid GHc7000 for prime Cantonments State Land worth millions] in the fraudulent allocation of State Lands makes Justice impossible for the La Stool.
Chief Justice Georgina Theodora Woode was forced by President John Evans Atta Mills to return the Prime Airport Land following an Article 146 Petition yet Chief Justice Sophia Akuffo is still holding on to the Prime Cantonments State Land* after an Article 146 Petition because President Akufo-Addo refused to act on it in breach of the Constitution.
I was instrumental in both Article 146 Petitions against the two Chief Justices who were fraudulently allocated Prime La Stool Lands acquired by the State and not returned in accordance with the Constitution of Ghana but allocated to high profile personalities and organisations.
ACT 1036 will be activated to deal with all miscreants in the fraudulent transactions in Lands which have become the primary mode of laundering Galamsey and Corruption money.
The Government of Ghana and for that matter the state must be consistent in all Land and Chieftaincy matters.
E.g. the return of La Lands by Government through the La Mantse in trust for the Subjects of the LA STOOL is non-negotiable just as was done in E.I. 432 to avoid any confusion in Ashanti…
In like manner the Bawku Crisis must be resolved through a means reminiscent of the Dagbon Crisis.
The Government position on gazetted Chiefs must be uniform from North to South and reflect in the enstoolment of the Ga Mashie Mantse as manifest in the Bawku Naaba enskinment.
STAY TUNED.
#StoolsSkinsState
#StopLandLooters
#BuyerBeware
By Prince-Derek Adjei
