How culture syphoned and stole the beautiful life of a 12 year old girl: The Law vs Kusum (culture)
By Nana Kwame Mensa-Abrompa Tumanyi (nkma.T)
I am a staunch defender of our culture, customs, and traditions and the preservation of the same.
In that regard, I have pledged to name all my children with local names, starting with the two I have already included myself.
But I refuse to condone this kind of outmoded cultural practice.
On March 30, 2024, I chanced upon a video circulating on ‘Ablade Tv online’ on Facebook dubbed “We now bring you a video excerpt of the customary marriage ceremony between the Gborbu Wulomo and Naa Okromo, held in Nungua today, Saturday, 30th March, 2024.”
During the public ceremony, marked by pomp and pageantry, elders of Nungua explained why Nuumo Borketey Laweh Tsuru XXXIII, who is 63 years old, could have Naa Okromo, the 12-year-old young girl, as his customary wife.”
In fact, I was furious when I saw the video, so as a naive person of the Ga Language, I ordered an interpretation and it reaffirmed my assertions. I find it ‘ridiculous’ for a traditional ruler to portray this kind of cultural ‘insensitiveness’ in this 21st century.
The laws of Ghana have enforced traditional leaders to take positive steps to abolish all outmoded traditions and cultural practices that militate against persons.
See Article 272(b)(c) of the 1992 Constitution of Ghana “(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;”.
I have heard other people arguing that it is their culture and that’s the way of life.
This debate is flawed and has no legal basis, refer to Article 1(2) of the Constitution.
There is a strict law that prohibits the marriage of minors in the Children’s Act 1998 (Act 560).
This Act defines a child as “a child is a person below the age of eighteen years.”
According to section 13 (2) of the same says “ The minimum age of marriage of whatever kind shall be eighteen years.” and the Act has its punishments against offenders in section 15 “Any person who contravenes a provision of this Subpart commits an offence and summary conviction to a fine not exceeding ¢5 million or to a term of imprisonment exceeding one year or to both.”
The defenders of this outmoded custom should be aware that the rules are explicit, ubiquitous and not unambiguous.
In the words of UNICEF Ghana on child marriage; Child marriage is defined as “a formal marriage or informal union of children before under the age 18”.
It is considered a violation of human rights and a harmful traditional practice affecting more girls than boys, leading to numerous negative health and developmental consequences and limiting girls’ economic and individual empowerment.
They added that in Ghana, one (1) in five (5) girls aged 20-24 years are married before the age of 18.
The question is how do we achieve the Sustainable Development Goals (SDGs) on all inclusive education for children?
For me, I would say unless our laws are enforced irrespective of the status of the offenders. Ghana Education Service (GES) and the Ministry of Gender should also find out the educational status of this twelve year girl child.
Other people have also opined that What happened to training the girl and keeping her until she is of age till this tradition is done if she is the only one the stool has chosen?
Or better still getting an 18 year old virgin for such a cause. Virtually there are no laws that prevent Customary marriages in Ghana. In case of Raphael Quist v Matilda Larbi under the laws of Ghana as encapsulated in the Marriages Act, 1984 (CAP. 127), there are Three (3) types of marriages, namely; Ordinance Marriage, Customary Marriage, and Marriage of Mohammedans. But there are legislations that govern them. Section 14 of the Criminal Offences Act 1960 (Act 29) provides the definition of consent.
It states that consent for sexual activity is void if the person giving it is under sixteen (16) years of age.
A child is a child no matter what the Kusum. Hence the Greater Accra Regional House of Chiefs and other stakeholders should mitigate this situation in a constitutional manner to invalidate the marriage between the sixty-three (63) year Gborbu Wulomo and the twelve (12) year girl child Naa Okromo.
