Renowned legal practitioner and Awafiamega of the Afife Traditional Area, Torgbi Yaka IV, has cautioned traditional priests and priestesses against engaging in practices that fall outside the limits of the 1992 Constitution, urging them to understand the boundaries of their authority and operate within the laws of Ghana.
Torgbi Yaka IV, who is also highly knowledgeable about Traditional Religion practices, made the remarks on the airwaves of Fafaa 100.3 FM during the Duamenefa Social Intervention Programme in an interaction with the Executive President of the Duamenefa Foundation, Mr. Ketaman Emmanuel Evortepe.
He was invited to educate the public on issues arising from a petition from Devego-Xipe, involving an alleged dispute between two individuals, one of whom is a Christian and the other a practitioner of the Traditional Religion.
According to the issues contained in the petition, the Traditional Religion practitioner took the matter to a particular shrine at Awalavi, where Midawo Aklorbortu is said to be the priest.
The petition alleged that the Traditional Religion practitioner reported that her opponent had slapped her and also used a stick to hit her on the head.
Following the complaint, it was alleged that Midawo Aklorbortu issued a summons in connection with the matter.
The petition further alleged that Midawo Aklorbortu and his elders subsequently sat on the matter and passed judgment, resulting in a fine of GH¢6,800.00 being imposed on the person accused of assaulting the woman.
According to the allegations contained in the petition, the reason given for the decision was that the person who was allegedly assaulted was a practitioner of the Traditional Religion and that the beliefs and norms associated with the practice did not permit anyone to beat her.
The petition further alleged that, from a spiritual perspective, the woman had suffered spiritual harm and therefore required spiritual intervention to address the alleged harm.
Meanwhile, the matter had also reportedly been reported to the Police, where an arrest was allegedly made in connection with the incident.
Reacting to the matter, Torgbi Yaka IV condemned the alleged actions attributed to Midawo Aklorbortu and his elders, describing the reported conduct as unconstitutional.
He stressed that traditional priests and priestesses must first identify the nature of a matter brought before them and determine whether it falls within their authority before attempting to intervene.
According to him, traditional practitioners must understand the difference between matters they can handle within their traditional and spiritual roles and matters that are reserved for legally recognised institutions.
Torgbi Yaka IV explained that traditional priests and priestesses should not assume the authority of courts or other institutions established by law.
He further stated that even where matters concern customary law, traditional priests and priestesses should not assume the role of arbitrators, stressing that customary arbitration falls within the authority of the appropriate traditional authorities.
He explained that traditional priests or priestesses may intervene when persons serving under a particular shrine have disagreements, particularly where their intervention is aimed at restoring peace and calm among them.
However, he stressed that such a role should not be extended to disputes involving members of the general public by assuming the authority to adjudicate the matter or impose sanctions.
Torgbi Yaka IV cautioned traditional priests and priestesses against acting as though they were lawyers or assuming legal powers that do not belong to them.
He urged them to know the limits of their authority and refrain from involving themselves in matters beyond their jurisdiction.
He cautioned them not to “try to pick something from where their hands cannot reach,” stressing that traditional practitioners must recognise the boundaries of their responsibilities.
He said where a matter involves an alleged criminal offence, assault or another issue that requires the intervention of state institutions, the appropriate authorities should be allowed to handle it according to the law.
He emphasised that traditional religious practices and the formal justice system should not be confused, adding that respect for traditional beliefs must go hand in hand with respect for the Constitution and the laws of Ghana.
Torgbi Yaka IV further urged traditional priests and priestesses to educate themselves on the legal framework governing their activities so that they do not inadvertently act beyond their authority.
He proposed that the Duamenefa Foundation organise a conference specifically for traditional priests and priestesses to educate and train them on the Constitution, the laws of Ghana, their traditional responsibilities and the limits of their authority.
According to him, such education would help prevent misunderstandings and situations where traditional practitioners may unknowingly cross into areas reserved for the courts, Police or other legally constituted institutions.
He said the initiative would also help strengthen responsible traditional religious practice and promote peaceful coexistence within communities.
The Executive President of the Duamenefa Foundation, Mr. Ketaman Emmanuel Evortepe, welcomed the proposal and expressed his readiness to support the initiative.
Mr. Evortepe noted that having a legal practitioner with extensive knowledge of Traditional Religion practices such as Torgbi Yaka IV involved in such an educational programme would be particularly beneficial.
He indicated that if the proposed programme materialises, Torgbi Yaka IV could serve as the facilitator to educate the participants on the legal and constitutional aspects of their responsibilities.
He expressed optimism that the initiative could provide an important platform for traditional priests and priestesses to acquire knowledge that would enable them to operate more effectively within the law.
Torgbi Yaka IV maintained that Traditional Religion remains an important part of Ghana’s cultural heritage and should be respected.
However, he stressed that respect for traditional religious practices does not mean that practitioners have unlimited authority to determine disputes, impose penalties or perform functions assigned by law to other institutions.
He called for a clear understanding of the respective roles of traditional authorities, religious practitioners, the Police and the courts.
He also encouraged members of the public to seek assistance from the appropriate institutions when faced with criminal or legal disputes.
He said traditional priests and priestesses could continue to play their legitimate spiritual and traditional roles while ensuring that those roles do not conflict with the Constitution or the laws of Ghana.
The discussion on Fafaa 100.3 FM highlighted the need for greater public education on the relationship between Traditional Religion, customary practices and Ghana’s formal legal system.
The proposed Duamenefa Foundation conference, if organised, could provide a platform for traditional priests and priestesses to deepen their understanding of their responsibilities, constitutional limitations and the importance of referring matters beyond their authority to the appropriate institutions.
Torgbi Yaka IV ultimately urged traditional practitioners to remain within their jurisdiction, respect the law and use their positions to promote peace, reconciliation and the well-being of their communities.
By Hutor Dziwornu
Fafaa 100.3 FM, Dzodze