The Asantehene, Otumfuo Osei Tutu II, has called for closer collaboration between Ghana’s judiciary and the institution of chieftaincy to ensure the timely resolution of chieftaincy disputes and strengthen public confidence in the administration of justice.
Delivering the keynote address at the Supreme Court’s 150th Anniversary Celebrations and Lecture Series in Kumasi on Thursday, July 16, the Asantehene said although the Constitution firmly entrenches the institution of chieftaincy within Ghana’s governance framework, unresolved jurisdictional issues and prolonged litigation continue to undermine effective traditional leadership in many communities.
He stressed that chieftaincy is not a relic of Ghana’s past but a constitutionally protected institution with a clearly defined legal status.
“Article 270 guarantees the institution of chieftaincy, together with the traditional councils, as established by customary law and usage, and expressly forecloses Parliament from legislating in a manner that detracts from or derogates from the honour or dignity of the institution,” he said.
Addressing members of the judiciary and legal profession, the Asantehene added:
“So, my Lord Chief Justice, this must serve as a notice to all persons, especially those of the Bench and Bar, that the Nananom are intimately familiar with the laws that concern the institution of chieftaincy.”
Chieftaincy as a constitutional institution
Otumfuo Osei Tutu II said the Constitution places the institution of chieftaincy alongside other key state institutions, making it an integral part of Ghana’s democratic governance.
“The institution of chieftaincy is therefore not merely tolerated by our modern constitutional order. It is entrenched within it and recognised as a coequal pillar of our governance architecture.”
He noted that while constitutional recognition provides a solid legal foundation for chieftaincy, questions relating to customary law and jurisdiction continue to require careful interpretation.
According to him, traditional councils, the judicial committees of the Houses of Chiefs and the Supreme Court each have distinct but complementary responsibilities in the adjudication of chieftaincy matters.
“It has fallen to the traditional councils, judicial committees of the Houses of Chiefs, and ultimately to the Supreme Court to give that recognition practical effect, each acting within its constitutional mandate.”
The Asantehene urged the courts to continue exercising institutional restraint by recognising the expertise of traditional authorities in matters of customary law while remaining vigilant in protecting constitutional rights.
He said the judiciary should demonstrate “institutional humility” by deferring, where appropriate, to those with inherited knowledge of customary practices, while intervening whenever fundamental constitutional rights are at stake.
Concern over prolonged litigation
Otumfuo Osei Tutu II expressed concern over persistent delays in resolving chieftaincy disputes, noting that some cases have remained unresolved for generations, leaving communities without substantive traditional leadership.
“We must be candid, though, about the strains in this relationship. Delays in resolving chieftaincy disputes, some spanning generations, have at times undermined public confidence and left communities without settled leadership for unconscionably long periods,” he said.
He also highlighted recurring jurisdictional overlaps between the regular courts and the judicial committees of the Houses of Chiefs, saying the uncertainty often results in avoidable and prolonged litigation.
“Overlapping and occasionally uncertain jurisdictional lines between regular courts and judicial committees continue to generate satellite litigation.”
Shared constitutional responsibility
Despite the challenges, the Asantehene said the relationship between the judiciary and the institution of chieftaincy should not be viewed as one of conflict but as two longstanding systems of authority evolving within a shared constitutional framework.
“These are not indictments of either institution. They are the inevitable growing pains of two systems of authority still learning fully to speak one constitutional language.”
He called for sustained dialogue, mutual respect and stronger institutional cooperation between the judiciary and traditional authorities to ensure both systems work together in delivering justice and preserving social stability.
The Supreme Court’s 150th Anniversary Celebrations and Lecture Series brought together judges, traditional rulers, lawyers, academics and public officials to reflect on the historical development of Ghana’s apex court and its relationship with the institution of chieftaincy.
The event examined the role of both institutions in promoting constitutional governance, the rule of law and the peaceful resolution of disputes.
