During an interview with Alfred Ocansey on Ghana Tonight on Tuesday, March 2, lawyer Kpebu raised the question, “At what age can she consent to betrothal?” Private legal practitioner Martin Kpebu has suggested that the state amend Section 14 of the Children’s Act 1998, Act 560, to specify the age at which a young girl can be betrothed to another man. He pointed out that Section 14 does not address betrothal but rather focuses on marriage in Section 14(2).
Kpebu emphasized the need to amend the law to specify the age at which a young girl can consent to be betrothed, highlighting the unique context of betrothal in Ghana. He pointed out that Section 14(2) of the Children’s Act 1998 specifies eighteen (18) as the minimum age for any form of marriage.
“The context in which betrothal has been used, and what we know it as it is, is not marriage…it is a transaction that when the child grows up and is of marriageable age then the marriage takes place. “So for the lawmaker to have used to be betrothed once and then betrothal once so like two times, they intended it to be different from marriage,” lawyer Martin Kpebu explained.
He stressed that while the Act specifies the minimum age for marriage as eighteen, it lacks a clear provision for the minimum age for betrothal. Therefore, he explained to Alfred Ocansey that it’s impossible to determine the minimum age for betrothal as eighteen without an express provision, highlighting the necessity for legal amendment.
Gabby Otchere Darko, a prominent member of the New Patriotic Party (NPP), has restated his disagreement with the custodial sentencing outlined in the anti-gay bill recently approved by Parliament. He pointed out the bill’s seemingly unequal treatment, noting that it imposes harsher penalties on homosexuals compared to a 70-year-old man marrying a 14-year-old girl. These remarks were made in light of the recent marriage between 63-year-old Chief Priest Nuumo Borketey Laweh XXXIII, the Gborbu Wulomo of Nungua, and a 12-year-old girl named Naa Okromo.
“In Ghana, you face a maximum jail term of 12 months if you force a minor into marriage, according to Children’s Act 1998 (Act 560). “Once assented, the law that seeks to presumably protect our family values (which ignores child marriage by the way) will impose a prison sentence of up to five years for the ‘wilful promotion, sponsorship or support of LGBTQ+ activities’. In fact, two consenting adults of the same sex face a stiffer sentence if they are found kissing in public than the 70-year-old man who marries a 14-year-old girl, ” he added in a post made on X platform
The GaDangme Council clarified in a statement dated Monday, April 1, that the relationship between the 12-year-old girl and the Gborbu Wulomo of Nungua is a betrothal, not a marriage. They emphasized that the traditional ruler’s clarification changes the legal implications. The Council expressed their inclination to support the Gborbu Wulomo, as the original report indicated that another ceremony was planned to purify and prepare the girl for procreation.
