The law of persons

By Dr Nii Armarh Aryeh
Since ancient Gá-Dángme law applied principally to persons belonging to the Gá-Dángme nation particular rules were formulated to define who was a Gá-Dangme. A Gá-Dángme person was generally recognised as one who being born of Gá-Dángme parents, belonged to a particular weku or extended family. Ordinarily, it was easy from Gá-Dángme nomenclature to establish the address, antecedents and lineage of the individual. The Gá-Dángme name was coded in such a way that people familiar with the society could tell immediately the quarter and lineage from which an individual hailed as well as his rank in the immediate family.

Thus, an individual named Kotey is easily recognizable as a first born male hailing either from the Jorshi lineage of Asere in Gá Mashi or from Klan-naa (Hyena-side) in Labadi. Such an individual was clearly subject to Gá-Dángme traditional law. Persons of part Gá-Dángme origin were also subject to traditional law, provided the subject-matter of the dispute has any connection with Gá-Dángme territory.

Foreigners were subject to Gá-Dángme traditional law where the dispute involved land or a serious crime. A civil dispute between foreign parties could be tried in a traditional provided the parties so agree. In the case of foreigners who had either actually assimilated into Gá-Dángme society or were deemed to have become assimilated, jurisdiction lay with the traditional authorities, especially where the individual had severed all ties with his place of origin and his or her parents had lived and died on Gá-Dángme soil.
As we have observed, the individual is linked to the Gá-Dángme socio-political system through the weku; generally speaking, this consists of all persons descended in the direct male line through a common or hypothetical ancestor. Individuals are accountable to the family elders, normally comprising respected members of the oldest living generation.

In particular, the Weku Yitso or head of family exercises enormous moral pressure on other members of the family to conform to social rules and convention and to retain for the family and untarnished image. Erring members, if they cannot be brought to heel by their own parents and siblings, are frequently called before the head of family and counselled.

The weku expands through the birth of new members; but occasionally an individual may decide to adopt a child unrelated to the family. As an adopted persons becomes a full member fo the extended family, the adoption is usually well-publicised to fellow members. The consent of the elders and the head of family are necessary to make the adoption valid. This is because the adoption may have consequences for succession to the propert of the adoptive parents, with necessary disinheritance of other members of the family.
Partly because of the implications of adoption for succession, fostering is much more widely practised among the Gá-Dangme; it involves the placing of a young relative or stranger in the home of the individual fosterer. The child resides in the new home and is brought up as a member of the family but has no rights of succession, and upon attaining the age of majority may rejoin his or her natural family.

On the other hand, an individual may in extreme circumstances severe ties with his or her own weku; the practice, known as tako mlifoo, is rare and is frowned upon. It is usually preceded by acrimony and ugly disagreements over family issues. Once an individual severes ties with his or her extended family in this way, he or she harbours no expectation of succession to the property of other members of the family; but he or she may insist upon the partitioning of any property to which he or she may be entitled. Also, the individual avoids the social gatherings of his or her ex-family, including weddings, funerals and suchlike.
During times of peace and harmony within the extended family, it functions as a social support system for the members. It provides a residence, a common pool of funding to underwrite funerals and other expenses, holds a common feast on festive occasions and in the head of family supports and represents the individual during marriage, provides a venerable personage to act on behalf of the individual in grave social matters.
The adebo-shia, usually located in the ancestral quarter, provides a common residence for members of the weku although few choose to reside there. However, many feel a deep sentimental attachment to the adebo-shia and converge there on festive occasions when they catch up on the latest news in the old quarter and renew acquaintances with childhood friends. Thus, many members of the family happily contribute carpentry and other repair works to the old family houses and are perenially concerned about the poorer kin who tend to occupy the family houses.

During funerals the family houses acquire special importance; the body is conveyed to the family house where it is laid in state overnight to be viewed friends and relatives who fill the family house with mourning and lamentation. The family house itself may be specially refurbished for the occasion, and all branches of the family congregate to the funeral both to observe funeral rites and to make a contribution towards expenses.

Family members may also contribute towards other expenses incurred by the extended family. Such expenses may range from the cost of festal food to lawyer's fees. The expenses are carefully worked out and adult members of the family called upon to participate the payment of the debt. The unemployed, the sick and the disabled may be exempted, but all other members are expected to contribute; contributes are sometimes even made for persons abroad.

The Weku Yitso or head of family embodies the virtues and qualities that the family seeks to portray to the outside world. Although many rules may in practice exist as to how the head of family is appointed, he or she is normally selected from the oldest generation by the popular acclamation of his or her peers. Many heads of families are wealthy individuals with considerable influence in community affairs which they generally put to the advantage of the extended family. Thus individuals seeking apprenticeship, education, money to start up business or general advice normally consult the head of family.

In carrying out his or her duties the head of family is particularly concerned about the conduct of the family. Indeed, some believe that ensuring proper moral conduct of family members and conformity of the actions of members of the family to group-approved standards are the primary duty of the head of family.
The head of family steps in the shoes of a line of family leaders, and in overseeing family business seeks to uphold the standards and values followed by his or her predecessors. Making certain that family members live in harmony with each other is an important part of the duties of the head; he regularly consults with leading and influential members of sub-branches of the weku.

The head of family may sit in a quasi-judicial capacity over family disputes, but on the whole his duty is to conciliate in family disputes, and in the end to reconcile the parties. He carefully calls all relevant witnesses and obtains their evidence; examines each party's argument and evidence; and puts pertinent questions to clarify aspects of the case. When the head of family gives his verdict it is generally enforced, but an aggrieved party may take the case further to the quarter authorities.

The head of family also litigates the family title to land either directly or through a representative. When the head acts in this capacity he or she usually levies a contribution on the members of the family. Since the head of family is normally the one who sues and can be sued on behalf of the family, he or she tends to keep possession of legal instruments and other important documents of the family, including wills, title-deeds and birth certificates.