Ban on drumming is legal

The Chronicle reports retired Supreme Court Judge, Justice N.Y.B. Adade, as saying that the ban on drumming during the celebration of Homowo and Awubea by the Ga and Awutu traditional councils of the Greater Accra and Central regions respectively, have constitutional backing.

He, however, noted that the problems with such customary laws backing the ban are in respect of their nature, scope of rules, enforcement, and who sanctions violators of those rules.

Speaking at the memorial service to commemorate the 19th anniversary of the murder of the three High Court judges on Friday Justice Adade argued that by virtue of the recognition of Article 11 (1) of the Constitution gives to 'rules of customary law', the existence of edicts banning drumming and noisemaking during the two festivals can be said to be part of Ghana's common law.

Justice Adade said the Constitution defines 'Customary Law' as "rules of law, which by custom are applicable to particular communities in Ghana, ... that have particular rules of behaviour which they observe in their day to day lives".

He argued that if the rules of behaviour have been recognised by the Constitution as rules of law, "then surely the Homowo rules are part of the laws of Ghana which by Article 41 (b) all Ghanaians are obliged to observe..."