How Usufructuary Right to Asante Land Operates

The Occupant of the Golden Stool, Otumfuo Osei Tutu II, has stated that individuals and groups can only possess a leasehold or usufructuary interest in land in the Asante Kingdom.

Concentrating on the usufructuary right, His Majesty explained that this becomes valid only if the land is traceable to a stool, with holders showing a distinct customary function to the stool.

“If a person, group of persons or family claims usufructuary interest in land in Ashanti, same should be traceable to a stool and that person, group of persons or family should be able to show at least a distinctive customary function(s) that they play or perform as a person, group of persons or family to the stool for them to continue to exercise the usufructuary right over the land but not allodial interest or title.”

Meanwhile, the Asantehene emphasised that no individual or family holds allodial land within his jurisdiction.

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

Otumfuo further noted that this forms part of Asante customs as protected by the 1992 Constitution.

“The Asante Confederacy decided in 1938 that all lands in Ashanti are vested in the stools in trust for the Golden Stool. That is our customary law which is guaranteed by the Constitution of 1992.”

Story by Hajara Fuseini

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