An Accra High Court has taken the view that any customary belief that disqualifies a person from being head of family because he is a left-handed person is inconsistent with the 1992 constitution which is the Supreme law of the land.

“… in my respectful view any such customary belief is not only repugnant to good conscience and common sense but would be inconsistent with the 1992 constitution as the Supreme Law of the land and to the extent of the inconsistency is of no legal effect.”

Justice Kwaku T. Ackaah Boafo who was then a High Court judge stated.

This was his decision in March 2019 in a case filed by some members of the Ashia We Family of Teshie who were divided over who qualifies to be a member of the family and who is the family head.

Some of the members had asked the court to declare that there is no substantive head of the Ashia We family and that one Nii Boye Kumah was only appointed as caretaker and not as the substantive head.

These members further contended that as a Southpaw or left-handed person, Mr Kumah should not be holding the caretaker position anymore.

Some other family members disagreed with this view and insisted that Mr Kumah is the substantive Head of the family.

The court took the view that no acceptable customary evidence was provided to the court in supporting the view that left-handed persons cannot hold such a position.

Justice Ackaah-Boafo also pointed out that even if such a custom existed, it would be contrary to the Constitution.

He explained that the Constitution provided that all persons are equal before the law and shall not be discriminated against.

“I believe that the effect of the plaintiff’s position is to deny any citizen whose physical make-up includes being a left-handed person from participating and holding a family position such as a Family Head.”

“To confirm their weird position the plaintiffs are in court to participate in and give its imprimatur to their discriminatory enterprise.”

“Sitting as a judge, I cannot accept that invitation because it reflects stereotypical views of a group based upon their characteristics, thus promoting the view that those who are left-handed or have certain physical attributes are less worthy of recognition as members of the Ga society or Ghanaian society generally.

"This is not a reasonable limitation in a free and democratic society and I unequivocally reject same”.