Otumfuo calls for modernisation of chieftaincy dispute resolution system

The Asantehene, Otumfuo Osei Tutu II, has called for urgent reforms and modernisation of the chieftaincy adjudication system to ensure faster and more effective resolution of cases brought before traditional authorities.

Speaking at a Supreme Court @150 anniversary lecture series held at the Manhyia Palace, the Asante monarch said judicial committees of the Houses of Chiefs must receive improved training and undergo reforms where necessary to enhance their ability to deliver timely justice.

He stressed that strengthening these institutions would help ensure that chieftaincy disputes are resolved with the speed and finality required by both individuals involved in cases and affected communities.

The lecture, which was held on the theme, “Honouring the past, celebrating the present and defining the future,” brought together Justices of the superior and lower courts, executives of the Ghana Bar Association (GBA), legal practitioners, law students and students from selected senior high schools.

Otumfuo said prolonged disputes involving stools and skins go beyond denying justice to individual claimants, as they also undermine the stability and development of entire communities.

He called for greater clarity on the boundaries between the jurisdiction of judicial committees of the Houses of Chiefs and the authority of the regular courts, particularly the Supreme Court and appellate courts.

According to him, sustained engagement among the Judiciary, the legal profession and traditional authorities is necessary to resolve existing uncertainties and strengthen cooperation among the key institutions.

The Asantehene also highlighted the importance of the registration process for chiefs in the National Register of Chiefs, describing it as the final stage in the recognition of a chief under Ghana’s chieftaincy system.

He said the role of regional Houses of Chiefs in the registration process requires careful consideration, particularly because their responsibilities in forwarding chieftaincy declaration forms to the National House of Chiefs have sometimes generated disagreements and controversy.

Otumfuo noted that chieftaincy remains an important component of Ghana’s constitutional governance structure, adding that it is not merely tolerated but formally recognised as a key institution within the country’s democratic framework.

He explained that while constitutional recognition provides the foundation, traditional councils, judicial committees of the Houses of Chiefs and ultimately the Supreme Court have the responsibility of giving practical meaning to the institution.

The Asantehene said the Supreme Court has, over the years, developed significant legal principles on chieftaincy matters, including issues relating to succession, stool and skin disputes, and the jurisdiction of traditional adjudicatory bodies.

“In this role, the Supreme Court has acted not as a rival to chiefs, but is best seen as a steadying institutional partner, a forum of last resort where the ancient wisdom of custom is tested against enduring purpose,” he said.

The Chief Justice, Justice Paul Baffoe-Bonnie, also highlighted the shared responsibility of the Supreme Court and the chieftaincy institution in promoting justice, peace and the dignity of citizens.

He said while the Judiciary derives its authority from the Republic and chieftaincy draws its legitimacy from history and tradition, both institutions have a common responsibility to preserve what works, reform what requires change and strengthen the systems for future generations.

Justice Baffoe-Bonnie praised the role of chiefs in resolving disputes at the community level, noting that many conflicts that could have ended up in court are settled through traditional wisdom, patience and reconciliation.

“Justice has never belonged to judges alone; it belongs to the people,” he said.

Delivering a lecture on the topic, “Supreme Court and the institution of chieftaincy, the past, present and future,” academic Ivor Agyeman-Duah highlighted the importance of combining traditional approaches with modern methods such as Alternative Dispute Resolution (ADR).

He referenced the resolution of the Dagbon and Bawku conflicts, noting that the involvement of traditional authorities, including the Asantehene and eminent chiefs, demonstrated the value of collaboration between customary institutions and formal legal structures.

He said cooperation between the Supreme Court and the chieftaincy institution remains essential to ensuring effective justice delivery in Ghana.

The President of the National House of Chiefs, Ogyeahoho Yaw Gyebi II, who chaired the event, also emphasised the significant role chiefs continue to play in resolving chieftaincy-related disputes and community-level civil matters that might otherwise end up before the courts.