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The Office of the Attorney-General and Ministry of Justice has directed the Criminal Investigation Department (CID) of the Ghana Police Service to investigate the alleged marriage of a 12-year-old girl to Gborbu Wulomo of Nungua, Nuumo Borketey Laweh Tsuru XXXIII.

The investigation is to enable the A-G’s Office to take further action on the matter which took place last Saturday. A letter signed and issued by a Deputy Attorney-General and Minister of Justice, Diana Asonaba Dapaah, on behalf of the sector minister, Godfred Yeboah Dame, said if proven, the allegations of the child being betrothed, subjected to dowry transaction or married, constituted a criminal offence in line with sections 14 and 15 of the Children’s Act, 1998 (Act 560).

“The allegations, if proven, constitute a criminal offence for which all persons involved must face prosecution,” the A-G’s Office stated.

Police action

The police service has moved in swiftly to safeguard the child, identified as Naa Okromo, who has now taken on the traditional name, Naa Yoomo Ayemoede, and her mother. In a statement yesterday, the police said they had placed the girl and her mother under police protection.

Pecan Energies

The police said they were also collaborating with the Ministry of Gender, Children, and Social Protection, as well as the Department of Social Welfare to support the girl. The move aims to ensure their safety and provide the necessary support amid ongoing investigations into the alleged marriage.

The disturbing incident has sparked nationwide outrage, prompting authorities to address the issue with urgency and sensitivity. Concerns have also been raised regarding the welfare of the girl and the potential violations of child rights and protection laws.

The A-G’s Office quoted sections 14 and 15 of Act 560 which provide that a person shall not force a child to be betrothed, subject of a dowry transaction, or to be married.
Under the provision, the minimum age of marriage of whatever kind is 18 years.

Again, a person who contravenes a provision of sections 2 to 14 of Act 560 commits an offence and is liable on summary conviction to a fine not exceeding GH¢3,000 or to a term of imprisonment not exceeding one year or to both the fine and the imprisonment.

“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,” the A-G wrote.

Growing concerns

The directive by the A-G’s Office encapsulates the concerns and recommendations of a growing number of organisations and individuals that have expressed shock and abhorrence about the incident.

They include the Network for Women’s Rights in Ghana (NETRIGHT), made up of 179 organisations and over 300 individual members; the Paediatric Society of Ghana, the International Federation of Women Lawyers (FIDA- Ghana), the Ark Foundation, Ghana, Child Rights International, the GaDangme Lawyers, the Ministry of Chieftaincy and Religious Affairs, the GaDangme Traditional Council; Amnesty International Ghana, and the Sempe Mantse, Nii Adote Otintor II.

Illegal cultural practices

The National Commission for Civic Education (NCCE) said cultural practices that were illegal and unconstitutional had no place in the country's democracy. A statement issued yesterday and signed by its chairperson, Kathleen Addy, pointed out that while the Nungua Traditional Council contended that the union was voluntary, it was unclear how a pre-pubescent, pre-teen minor could consent to such an arrangement.

"The 1992 Constitution of Ghana recognises and even encourages Ghana’s many ethnic groups to practice and extol their culture.

"However, the commission calls on the Nungua Traditional Council to note that the same 1992 Constitution, in Article 39 also states that “……traditional practices which are injurious to the health and well-being of the person are abolished," it said.

The statement said over a century, Ghana's courts had held that traditional practices that were contrary to “natural justice, equity and good conscience” were outlawed.

Advice

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

The statement also called 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 were protected and child marriages were removed from customary practices.

Child’s human rights

NETRIGHT, which wrote an open letter to the GaDangme Traditional Council, said the act was a violation of the fundamental human rights of the child involved; her right to life, dignity, respect, leisure, liberty, health, education and shelter.

It said as a country governed by both national and international laws which supersede any tradition and custom, it is disturbing to observe the impunity with which these laws have been taken for granted and disregarded in this instance.

NETRIGHT also cited some international conventions that the country had ratified to protect women and girls against violence. “The UN Declaration on the Elimination of Violence against Women (DEVAW)(1993) Article (4) indicates that member states should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination,” the letter signed by its Convenor, Professor Akosua K. Darkwah, said.

NETRIGHT called on the council to intervene immediately in the blatant disregard of the laws of the land and act decisively towards protecting and promoting the rights of women and girls in their communities and making communities a safe place for them.

Be good examples

In an interview with the Daily Graphic, the Executive Director of the Ark Foundation, Ghana, Dr Angela Dwamena-Aboagye, said “the betrothal issue is illegal under the law whether we call it a marriage or betrothal”.

“We also believe that our leaders, whether in a public, religious or traditional space should be an example of lawful behaviour in our country,” she added. Dr Dwamena-Aboagye expressed the foundation’s disappointment in the delayed response from state institutions to address the issue before it was dragged into the public space.

She explained that the matter actually became known a few days before the marriage and said the police should have acted immediately to address the matter.

“The police would have withdrawn the girl and gone after the elders of the community, not to arrest them but educate them. However, if they prove recalcitrant, they then enforce the law,” the Executive Director of the Ark Foundation, Ghana posited.