The Asantehene, Otumfuo Osei Tutu II, has described the institution of chieftaincy as an entrenched pillar of Ghana’s constitutional order, stressing that its legitimacy is rooted in customary law and cannot be diminished by political interference.
Speaking at the Supreme Court @150 Anniversary Lecture held at the Manhyia Palace in Kumasi, Otumfuo Osei Tutu II said the relationship between the Supreme Court and the institution of chieftaincy has been central to Ghana’s legal and cultural development.
The lecture formed part of activities marking the 150th anniversary of the Supreme Court under the theme, “Honouring the Past, Celebrating the Present and Defining the Future.”
According to the Asantehene, the lecture’s focus on “The Supreme Court and the Institution of Chieftaincy: The Past, Present and the Future” was timely, as it provided an opportunity to reflect on the evolution of two institutions that have shaped Ghana’s governance and justice systems.
He said long before the introduction of the colonial legal system, the institution of chieftaincy served as the principal organ of governance, justice and social order among Ghanaian communities.
“The chief was, and remains, the custodian of the land, the guardian of tradition and the symbol of continuity between generations,” he said.
Otumfuo explained that disputes in traditional societies were resolved through customary processes that prioritised reconciliation, consensus and the restoration of harmony, rather than the strict enforcement of legal rights.
He noted that the introduction of English common law during the colonial era created a parallel system of justice that often existed uneasily alongside customary institutions.
According to him, colonial rule curtailed some judicial powers of chiefs and subjected traditional authority to foreign legal structures, a situation that continued to influence governance after independence.
The Asantehene observed that successive governments at different periods attempted to sideline the institution of chieftaincy through legislation that sought either to remove or confer recognition on chiefs outside customary processes.
Despite those challenges, he said, the institution endured because its authority derives from the customs, traditions and acceptance of the people.
“Chieftaincy has survived precisely because it possesses a legitimacy that no statute can manufacture or extinguish,” he stated.
Otumfuo Osei Tutu II described the 1992 Constitution as a watershed in Ghana’s constitutional history, noting that Article 270 guarantees the institution of chieftaincy and protects it from interference by Parliament and the Executive.
He said the constitutional protection affirms that chieftaincy is not merely compatible with Ghana’s democratic order but forms an integral part of the country’s governance architecture.
The Asantehene, however, noted that constitutional recognition alone is not enough, stressing that traditional councils, the Judicial Committees of the Houses of Chiefs and the Supreme Court all have a responsibility to give practical effect to those constitutional guarantees.
He urged continued collaboration between the formal judiciary and the institution of chieftaincy to strengthen the administration of justice and preserve Ghana’s legal and cultural heritage.
The Supreme Court @150 anniversary celebration features a series of lectures and public engagements aimed at reflecting on the evolution of Ghana’s judiciary while charting a course for its future.
Source:Isaac Justice Bediako
