By Stephanie I’ecrivaine
On March 30, 2024, an elaborated customary marriage was held between Nuumo Borketey Laweh Tsuru XXXIII (A Ga priest), and Naa Okromo – a 12year old. This ceremony took place in Nungua, a town in Krowor Municipal District in the Greater Accra Region of Ghana. She takes up the title Naa Ayemoede as per customary marriage protocols.
Per tradition, the marriage is not complete until Naa Ayemoede undergoes a subsequent ceremonial purification ritual geared in preparing her for her role as the spouse of the Gborbu Wulomo, which significantly includes bearing children in accordance with tradition.
The news about the marriage ceremony between the Gborbu Wulomo of Nungua and Naa Okromo has evoked mixed reactions since it went viral beyond Nungua and has promoted discussions surrounding cultural norms, traditional practices and child protection rights.
Despite the public outcry for the arrest of the 63-year-old priest and dissolution of the said marriage, the Gborbu Wulomo shrine in Nungua is defending itself against calls for the arrest of its priest over the marriage of a minor.
A spokesperson for the temple, Nii Bortey Kofi Frankwa II, explains that the selection of 12-year-old Naa Yomo Ayemude by Gborbu Wulomo is a spiritual practice that began 6 years ago. Thus, the 12-year-old has been a queen since she was 7 years. He added that in reality, the 12-year-old is married to a deity and, hence, is expected to remain a virgin as tradition permits in order to perform certain rites designated to her.
The fact that she is ‘S3i he yoo’, does not mean she is going to perform marital rites.
Once she is 18 years and consenting, a rite will be performed for her, which makes her a complete wife.
Legal framework on child marriage in Ghana
In Ghana, the legal framework addressing early child marriage primarily consist laws, policies and international conventions rather than specific provisions within the constitution.
These includes:
- The UN Convention on the right of the child
Ghana is a signatory to the convention on the right of the child which prohibits child marriage and obligates states parties to take measures to protect children from all forms of exploitations. The principles outlined in this convention influences Ghana’s legal and policy frameworks related to child rights, including efforts to address early child marriage.
- Children’s Act,1998 (Act 560)
The law sets the minimum age of marriage at 18 years for both boys and girls. The Children’s Act prohibits child marriage and provides for penalties or consequences for those who facilitate or engage in it. The Act again recognises the rights of children to protection from all forms of exploitation.
- National strategic framework on ending child marriage in Ghana (2017-2026)
This framework outlines a comprehensive strategy for addressing child marriage in Ghana focusing on prevention, protection and support for victims by stakeholders, civil societies, government agencies.
- The African Charter on the Rights and Welfare of the Child
Article 3 of the afore-mentioned charter provides that all customs, traditions, cultural or religious practices incompatible with the rights, duties and obligations expressed in the charter must be discouraged.
- The UN Declaration on the Elimination of violence against women
Article 4 of this declaration states that State should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination.
Deducting from the legal framework provided earlier, we can see that Ghana has ratified many international conventions and protocols into our domestic laws aimed at protecting women and girls against violence.
Article 11 (3) of the 1992 Constitution of Ghana recognises the existence of customary laws applicable to particular communities in Ghana; however, Article 26 (2) provides a caveat to this provision; thus, it is against any form of customary practice that dehumanises or causes physical or mental injury to a person.
Section 14 of the children’s Act 1998 states that no person shall force a child to be betrothed to be a subject of dowry transaction or to be married. The minimum age of whatever kind shall be 18 years; hence any person below 18 years who consents to any of the afore-mentioned will be considered invalid.
Inasmuch as the constitution doesn’t specifically mention child marriage, its domestic laws on human rights, equality, children’s rights and state policy provide a framework for combating the practice. In practice, legislation, policies and programmes at the national and local levels are often developed to address issues such as child marriage, drawing upon the principles enshrined in the constitution and Ghana’s international obligations under conventions.
In my candid opinion, the said marriage or betrothal between Nuumo Borketey Laweh Tsuru XXXIII and Naa Okromo should be considered illegal and invalid. This is because per the legal framework, only a person 18 years can legally enter into a marriage. Naa Okromo is considered a minor who lacks the capacity to enter into a marriage; hence, the state should intervene to protect the rights of the child.
In summary, the best interest of the child should be protected and no child should be denied his or her childhood.
>>>the writer can be reached via [email protected]
