Is Section 46 of the Chieftaincy Act, 2008 (ACT 759) Unconstitutional, Illogical and Incomplete? | The Law Platform
A. O. T's Legal Corner
Is Section 46 of the Chieftaincy Act, 2008 (ACT 759) Unconstitutional, Illogical and Incomplete?
This paper is not against chieftaincy. Chieftaincy is guaranteed by Article 270 of the 1992
Constitution. It is a respected institution, and the Stool is a sacred trust for the living, the dead,
and the unborn. The concerns raised in this paper are not with the chiefs, nor with the Stool,
nor the House. They are in respect of Section 46 of Act 759. It is Parliament that wrote a
protection so wide that it defeats the very trust it was meant to protect. To criticize the drafting
is not to criticise the institution.