The Brong Ahafo Regional Youth Organizer of the governing New Patriotic Party (NPP) Kwame Baffoe inisists the Member of Parliament for Katamanso, Nii Laryea Afotey Agbo is in contravention of the constitution as he remains a sitting MP after being installed a chief.
According to him, the former Greater Accra Regional Minister can choose to resign as a Legislator and keep his position as a chief otherwise he’s in breach of Article 276 of the 1992 constitution which states that, “a chief shall not take part in active politics, and any chief wishing to do so must or shall abdicate his stool or skin.”
He said this was re- stated in section 57?3of the chieftaincy Act, Act 759 as amended.
Hon. Nii Laryea Afotey Agbo was in June 2017, installed as the Caretaker Chief of Katamanso in the Greater Accra Region. He was nominated by the Head of Adwinwe Family of Katamanso, Mr Joseph Odai Laryea, to assist in playing the caretaker role following the incapacitation of his father, Nii Otu Akwate IX, who is the substantive Chief of Katamanso.
As caretaker chief, he is only expected to perform administrative functions and not to hold himself as the substantive chief of the people.
Also as caretaker chief, his name will not be gazetted but will represent the Katamanso Divisional Council at the Nungua Traditional Council.
But Kwame Baffoe aka Abronye in a statement maintains that the MP has fallen foul of the law and in the aforesaid, “Parliament of Ghana through the Speaker of Parliament Prof Aron Mike Quaye is mandated to inform the Electoral Commission to organize a bye- elections at Kpone-Katamanso. Failure to do that, amounts to tarnishing the image of the 1992 constitution.”
Below is his full statement
Is Nii Laryea Afoto Agbo still a Member of Parliament for Kpone-Katamanso or What? About two months ago Hon Nii Laryea Afoto Agbo was nominated and enstooled or installed as the Acting Paramount Chief of Kpone-Akatamanso in the Greater Region.
For my little understanding, an acting chief is a chief since that person was nominated and enskinned in accordance with the relevant provisions under the customary law and practice. To throw more lights on the above , I would therefore refer my readers to Section 58 of the Chieftaincy Act 2008, Act 759 as amended which talks about categories of Chiefs and these are ?a? Asantehene and Paramount chiefs ?b? Divisional chiefs ?c?Sub -Divisional Chiefs ?d?Adikrofo ?e?other chiefs recognise by the National House of Chiefs.
I will rely my argument on the last category of chiefs, that is other chiefs recognise by the National House of chiefs. Issues .?1?Whether or not an acting chief is being recognised by the National House of Chiefs. ?2?Whether or not an acting chief must be someone who hails from the appropriate family and lineage as emphatically stated in Article 277 of the 1992 constitution and Section 57 subsection ?1?of the chieftaincy Act. Yes, an acting chief is been accepted by the house of chiefs to represent his traditional council at any meeting and to perform his customary duty as customs and traditions demand.
Per the letter and spirit of article 277 of the 1992 constitution and Section 57?1) and 58 respectively of the chieftaincy Act, 2008 , Act 2008 one cannot be nominated or selected as chief or Acting chief without coming from the appropriate family.
In this regard , Hon Nii Laryea Afoto Agbo cannot continue to hold himself as Member of parliament for the good people of Kpone Katamanso in view of the fact that , he has been nominated and installed as the Acting chief of Kpone Katamanso which is contrary to Article 276 of the 1992 constitution, which states that , a chief shall not take part in active politics, and any chief wishing to do so must or shall abdicate his stool or skin.
This was re- stated in section 57?3?of the chieftaincy Act, Act 759 as amended. In the aforesaid, Parliament of Ghana under the Chairmanship Prof Aron Mike Quaye is mandated to inform the Electoral Commission to organize a bye- elections at Kpone – Katamanso .Failure to do that , amounts to tarnishing the image of the 1992 constitution. Be Continued. My best Regards