Is Asantehene Above The Law? (III)

Otumfour Osei Tutu II is the current King of the Asante (Ashanti) people of Ghana. Otumfuo Osei Tutu II, even as the youngest of the five children of Nana Afua Kobi Serwaa Ampem, II, was enstooled based on his good qualities including honesty, diligence and hardwork. As an outstanding senior member of the council of Ghana house of chiefs, the current king of Ashanti has shown great leadership in Ashanti, Ghana and overseas. He has transformed chieftaincy considerably over the borders of Ghana and in my opinion has become an icon and an epitome for African kings and chiefs.

Otumfour Osei Tutu II, among other things has brought discipline to his chiefs and is diligently working towards great change in their attitudes in the positive direction- the only king in Ghana who has not only recognized an important need in Ghana as education, but also moved to initiate and set up an educational fund for all Ghanaian youth residing in his kingdom. He is the first and only king in Ashanti and perhaps Africa today whose contribution extends beyond the borders of his tribe and country.

His Royal Highness has since his ascension to the golden stool documented an extensive lists of duties and functions that he carries out in the interest of Ghana. “His heart for the people is heralded in his passion to eliminate poverty among his people. This has earned him another title or nick name, "King Solomon,” as befitting his character. Without delay or hesitation, Otumfuor has donated thousands of dollars from his own coffers to assist in remedying the situation which is very rare among the political elite” (Bonna 2006 p.234). We cannot but accord him the respect and appreciation he deserves. The least we can do as a nation is to insult his integrity.

Like many modern monarchs the occupant of the golden stool today basically functions as a figurehead with little political power.

Constitutional Provisions The 1992 constitution, like all previous constitutions, guarantees the institution of chieftaincy together with its traditional councils as established by customary law and usage. To preserve their role as symbols of national unity, however, chiefs are forbidden from active participation in party politics. A person shall not be qualified as a chief if he has been convicted for high treason, treason, high crime or for an offence involving the security of the State, fraud, dishonesty or moral turpitude (As cited in (Bonna 2006 p.226).

According to Article 273 (1) The National House of Chiefs shall have appellate jurisdiction in any cause or matter affecting chieftaincy which have been determined by the Regional House of Chiefs in a region, from which appellate jurisdiction there shall be an appeal to the Supreme Court, with the leave of the National House of Chiefs or the Supreme Court.

Technically since the Asantehene also derives his powers from the constitution he must be automatically under the law.

Even in pre-colonial times when as King, the Asantehene held immense power in Ashanti he was not above the law. The Asantahene was the only person in Ashanti permitted to invoke the death sentence. Notwithstanding, he did not enjoy absolute royal rule, and was obliged to share considerable legislative and executive powers with Asante's sophisticated bureaucracy. During wartime, the King acted as Supreme Commander of the army, although during the nineteenth century, actual fighting was increasingly handled by the Ministry of War in Kumasi (Wikepdia, online)

Role of chieftaincy in Ghana

Article 272 of the 1992 constitution outlines the role and functions of the National House of Chiefs as follows:

(a) Advise any person or authority charged with any responsibility under this Constitution or any other law for any matter relating to or affecting chieftaincy;

(b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin;

(c) Undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful; (d) Perform such other functions, not being inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it.

All things being equal our chiefs, even the Asantehene per our constitutional provision as a non-partisan figure would serve as an effective intermediary between various levels of government and political parties. This could be an indispensable feature in fostering unity in Ghana. In fact our chiefs (though not all of them) have acted in the past as guarantors against the misuse of constitutional power by politicians for personal gain, especially the Asantehene. In many instances in Ghana the Asantehene or the golden stool together with other chiefs and kings have acted like a fire extinguisher and provided a a focus for national unity, national awards and honours, national institutions, and allegiance, as opposed to a president, who, due to the election process, would cause a relative amount of division between his or her supporters and detractors. Like wise the Asantehene even as a king cannot have his own way in Ashanti let alone Ghana.

TO BE CONTINUED