Nungua Cultural Practice: Child Bride Or Not? Preserving Our Cultural Practices In This Age And Era

Ghana’s 1992 Constitution under Article 11 recognises constitutional, statutory common and our customary laws which include the cultural practices and customs of the various tribes of Ghana.

With respect to the recent Nungua cultural issue where a minor (either 12 or 16 years) is alleged to have either been betrothed or married to a 63-year-old Chief Priest of Nungua, to unravel the whole saga, It is first and foremost important to understand the underpinnings of the cultural rites that were performed.

Section 54(1) of the Courts Act 1993(Act 459) gives the direction that, the matter should be determined under the customary law of the parties involved. In essence the laws relating to the Nungua customary practices and the rites that were in this instance performed.

The question to be anwered is whether the rite that was performed is a betrothal or marriage?

Section 14(1) of the Children’s Act 1998(Act 560), provides that no person shall force a child to be betrothed, or to be the subject of a dowry transaction or to be married and the minimum age for marriage is eighteen years under section 14(2) of the Children’s Act1998(Act 560) therefore if the rite that was performed is a marriage then it is completely void under our laws.

If it is a betrothal, the next question to answer, is whether or not the child was forced in any way.These are all pertinent matters that ought to be looked into and addressed appropriately.

The welfare of the minor in this instance, in particular with respect to her education among other welfare considerations is paramount and must be primary in this matter.

In all this, it is imperative to note that, our customary laws are recognised by the Constitution of Ghana and if there are any parts that are inconsistent with the Constitution such portions are to that extent null and void.

We must as a people have a stakeholder consultation to help preserve the beauty of our customs, traditions and practices and expunge outmoded ones if any, rather than throwing away the baby with the dirty water.