No family owns allodial land in Asanteman – Otumfuo

The Asantehene, Otumfuo Osei Tutu II, has reaffirmed that under Ashanti customary law, allodial ownership of land in Asanteman is vested solely in the stools and held in trust for the Golden Stool, stressing that no family or individual can claim allodial title to land in the region.

According to him, the growing number of disputes and court cases over stool lands highlights the need for a better understanding of Ashanti customary land tenure, particularly among litigants seeking judicial intervention.

Speaking at the Supreme Court's 150th Anniversary Celebrations and Lecture Series in Kumasi on Thursday, July 16, 2026, the Asantehene said land ownership remained one of the most significant customary law issues confronting Asanteman.

"Another issue of profound importance relates to land ownership within Asanteman. Questions concerning the nature of allodial title, stool lands and customary interests continue to generate significant agitations, uncertainty and sometimes litigation," he said.

The event, held as part of activities marking the 150th anniversary of Ghana's apex court, brought together judges, lawyers, traditional rulers, academics and policymakers to examine the relationship between customary law and the formal judicial system.

Otumfuo Osei Tutu II cited a recent dispute involving land belonging to the Kwame Nkrumah University of Science and Technology (KNUST) as an example of attempts to challenge long-established customary ownership arrangements.

He explained that the university's land was ceded through an agreement between his predecessor and Ghana's first President, Osagyefo Dr Kwame Nkrumah, after the area had been properly surveyed and demarcated.

"I had the occasion to comment when I was at KNUST, where those lands have been bequeathed to the university, demarcated by my predecessor, who then was a surveyor before he became the Asantehene, and that was a barter trade between Osagyefo Kwame Nkrumah and the school for us," he said.

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Expressing concern over subsequent legal claims to portions of the university's land, the Asantehene criticised attempts by some individuals and families to assert ownership of extensive tracts of land.

"Some people have the impudence, from family heads or something, to go to court to ask for over one thousand acres of that school land. And with all due respect, my learned friends, some people also followed that. I believe that is wrong," he stated.

He maintained that Ashanti customary law is unequivocal on the issue of land ownership.

"First and foremost, it is imperative to state for emphasis that in Asanteman, allodial ownership of land vests in the stools who hold the same in trust for the Golden Stool. There are no family allodial lands in Ashanti," he indicated.

The Asantehene explained that while families and individuals may legitimately occupy or use land, they can only hold recognised customary interests such as leasehold or usufructuary rights, not allodial title.

He added that any legitimate claim to land in Asanteman must be traceable to a recognised stool and supported by evidence of customary obligations performed for the stool.

Otumfuo Osei Tutu II further noted that the Ashanti Confederacy had resolved in 1938 that all lands in Ashanti should vest in the stools in trust for the Golden Stool, a customary position he said is protected under Ghana's Constitution.

He urged judges, lawyers and litigants to accord due recognition to established customary law in resolving land disputes involving Asanteman, arguing that a proper appreciation of customary land tenure would help reduce unnecessary litigation and promote greater legal certainty.

MRA/AM

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