Gborbu Wulomo child bride controversy deepens

By Daniel NONOR, Accra

The controversies surrounding the marriage between Gborbu Wulomo of Nungua, Nuumo Borketey Laweh Tsuru XXXIII, and a 12-year-old girl continue to deepen, with widespread condemnation as many call on law enforcement agencies to intervene.

The opposing groups argue that the marriage violates the girl’s fundamental human rights as enshrined in the 1992 Constitution and have called for the arrest of Gborbu Wulomo. The Office of the Attorney-General and Ministry of Justice has waded into the matter, urging the police to expedite investigations for possible prosecution.

It noted that all persons involved in the ceremony must be guided by provisions of the law on the matter and the punishments for anyone who contravenes it.

“The allegations, if proven, constitute a criminal offense for which all persons involved must face prosecution. We would appreciate it if you could cause your outfit to conduct the necessary investigation of the alleged child marriage to enable our Office to do the needful.

“Please do not hesitate to contact our Office should you require further information. Kindly accept the assurances of my highest esteem,” the statement for the AG read.

However, in a dramatic turn of events, the embattled Nungua Traditional Council says the girl who was controversially married off to the Gbobu Wulomo is 16 years old, not 12 as largely reported.

A member of the Nungua Traditional Council, Wor Lumo Boni Nuumo Noi Osekan kpeneku, who addressed journalists on the matter yesterday said, “The girl in question is actually 16 years old. We accept and agree that by the constitution of the land, she is underage. But she is not married as is being stated. That is not the issue.”

Earlier, the Member of Parliament for Madina and a human rights lawyer, Francis-Xavier Sosu, in a petition to the Criminal Investigations Department (CID), called for the arrest, investigation, and prosecution of Gborbu Wulomo, the 63-year-old traditional leader at the center of the matter.

The lawmaker described the marriage between the young girl and the traditional ruler as “illegal, null, and void,” explaining that according to Ghanaian law, a child under 18 cannot enter marriage.

He argued that the marriage between the two not only violates international law but also Ghana’s Children’s Act of 1998, which sets the legal age limit for marriages at 18 years old.

Mr. Sosu further highlighted Ghana’s commitment to various international conventions prohibiting child betrothals and marriages, citing the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and Ghana’s 1992 Constitution.

“Article 16 Of The Convention On The Elimination Of All Forms Of Discrimination Against Women (CEDAW) states that women should have the same right as men to “freely choose a spouse and to enter into marriage only with their free and full consent”, and that the “betrothal and marriage of a child shall have no legal effect and all necessary action, including legislation, shall be taken to specify a minimum age for marriage.

“In addition to the above, I wish to respectfully state that, beyond the realm of International Law, Ghana has taken further steps to criminalize Child Marriages and Betrothals in all its ramifications.

In Particular, Article 28 of Ghana’s 1992 Constitution defines a child as a person below the age of eighteen years. In the spirit of Article 28, every child and young person must “receive special protection against exposure to physical and moral hazards.”

Mr. Sosu thus urged the Director-General of the CID to take swift action to protect the rights and safety of children in Ghana.

Another group, the Ga-Dangme Lawyers Association, has strongly condemned the marriage, emphasizing that it violates the child’s fundamental human rights as enshrined under Chapter Five of Ghana’s 1992 Constitution.

“The Ga-Dangme Lawyers Association expresses its strong disapproval of the recent marriage between the Gborbu Wulomor of Nungua, Nuumo Borketey Laweh Tsuru XXXIII, aged 63, and a 12-year-old girl, which took place on Saturday, March 30th, 2024.

They highlighted that the Children’s Act provides that the minimum age of marriage shall be 18 years, and since the girl is below the age of consent, she is unable to legally consent to the marriage.

The Association also noted that Ghana’s ratification of the Convention on the Rights of the Child in 1990 commits the country to prioritizing the protection of children’s rights. They argue that the best interest of the 12-year-old girl has not been made a priority in this case, as required by the Children’s Act.

“Despite claims that the marriage was by customary rights and will not engage in any marital duties until she turns 18, this does not negate the fact that her fundamental human rights as enshrined under Chapter five of the Constitution of Ghana, 1992 have not been upheld,” the group said.

Furthermore, the group called on the Minister for Gender, Children, and Social Protection, Hon. Lariba Zuweira Abudu, and child rights organizations to intervene in the matter.

 The lawyers have thus called for an immediate end to this practice and urged the community to prioritize the well-being and rights of children.

The National Commission for Civic Education (NCCE) has also expressed grave concerns about the incident, emphasizing that cultural practices that are illegal and unconstitutional have no place in our democracy. “The NCCE wishes to remind the Ga Traditional Council that the Children’s Act, Act 560 of 1998, Section 13, (1&2) provides that “The minimum age of marriage of whatever kind shall be eighteen years.”

It is also worth pointing out that the same section of the Children’s Act says that “No person shall force a child (a) to be betrothed; (b) to be the subject of a dowry transaction; or (c) to be married.”

“While the Nungua Traditional Council contends that this union is voluntary, it is unclear to the NCCE how a pre-pubescent, pre-teen minor can consent to such an arrangement.”

The NCCE further urged the Nungua Traditional Council to review its traditional practices to bring them in line with the laws and 1992 Constitution of Ghana and to refrain from actions that may have a negative impact on the youth of Nungua.

“The Commission also calls for the intervention of the National and Regional Houses of Chiefs, the Ministry of Gender, Children and Social Protection as well as the Department of Social Welfare to ensure that the best interests of the child are protected and child marriages are removed from our customary practices.”

Meanwhile, the Ghana Police Service says it has taken a statement, noting that prompt action has been taken to ensure the safety and protection of the young girl and her mother, who are currently under police protection.

The Ghana Police Service added that, in collaboration with the Ministry of Gender, Children, and Social Protection and the Department of Social Welfare, measures have been initiated to provide the necessary support and assistance to the girl during this challenging time.