SC@150: 1992 Constitution Marked Decisive Turning Point in Chiefs-Courts Rivalry – Asantehene

The occupant of the Golden Stool, Otumfuo Osei Tutu II, has hailed the 1992 Constitution of Ghana as a decisive turning point in the long-running relationship between traditional rulers and the courts.

Its evolution, he said, can be traced back from colonial rule through to the post-independence era.

Speaking at the second lecture of the Judiciary’s series marking the 150th Anniversary of the Supreme Court on July 16, 2026, His Majesty said the two systems of authority often “ran uneasily alongside one another.”

However, the coming into force of the 1992 Constitution, which gave constitutional recognition to chieftaincy, ensured that the two now work as partners.

“Article 270 guarantees the institution of chieftaincy, together with its 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 and dignity of the institution,” His Majesty stated.

Celebrating the relationship between the two, Otumfuo said it was built through the efforts of successive generations of chiefs, jurists, and politicians who understood that the strength of the Republic lies not in the triumph of one system of authority over the other, but in their principled coexistence.

His Majesty made the remarks when the Manhyia Palace hosted the second lecture of the Judicial Service as part of the 150th Anniversary celebration of the Supreme Court.

Otumfuo Osei Tutu II was the Guest of Honour at the lecture delivered by Mr Ivor Agyeman-Duah, Director of the Manhyia Palace Museum.

The event was also attended by Nananom, Justice Paul Baffoe-Bonnie, Chief Justice; Ogyeahohuo Yaw Gyebi II, President of the National House of Chiefs; Justice Agyei Frimpong, Chairman of the Planning Committee for the Supreme Court’s 150th Anniversary; Justices of both the Superior and Lower Courts; and Dr Frank Amoakohene, Ashanti Regional Minister.

Citadel of Custom
In a welcome address, Justice Agyei Frimpong expressed appreciation to the Asantehene for hosting the Judiciary’s second lecture.

He stated that the selection of Kumasi was deliberate.

“The choice of Kumasi for this lecture was not by the toss of a coin. It was a mandate draped in courtesy. Kumasi is the citadel of chieftaincy and culture. It is here that the institution is epitomised. Certainly, the wheels could not have turned anywhere else,” he said.

He described the hosting role of His Majesty as a contribution to the administration of justice, and the burden of Ghana’s constitutional democracy.

Highlighting the inclusion of chieftaincy in the lecture series, he acknowledged that the institution was the originator of justice delivery before the advent of colonial courts, the enactment of the first colonial ordinance, and the construction of any modern court building in the country.

Chiefs’ Adjudication Role
For his part, the President of the National House of Chiefs and Chairman for the event, Ogyeahohuo Yaw Gyebi II, highlighted the critical, formally recognised role of chieftaincy in justice delivery in Ghana.

According to him, the institution operates a dual system: formal statutory adjudication through traditional councils, and regional and national houses of chiefs; and informal customary arbitration at the traditional and community level.

“It is involved in both internal traditional disputes and community-level civil conflict. Without the adjudicatory roles of chiefs in our communities, there is no way peace and harmony could thrive. The adjudicatory role of chiefs is expected to continue into the future,” he said.

He further called for more transparent application of the law, expansion of citizens’ freedoms, and speedy delivery of justice.

He urged the courts to work to eliminate public perceptions of political polarisation and to improve public confidence in the Judicial Service.

“We expect to see extensive growth in the application of technology in justice delivery, such as electronic recording. We also want to see improved accessibility to the justice system,” he added.

Sacred Role
In his speech, the Ashanti Regional Minister, Dr Frank Amoakohene, traced the inception of justice delivery to scripture.

“The importance of justice and the judiciary is not merely rooted in our constitutional democracy but is also deeply embedded in scripture. Throughout the Bible, judges were appointed by God Himself to uphold righteousness, to protect the vulnerable, and to ensure that justice prevailed over oppression,” he said.

Citing scriptural examples, he noted that the highest calling of every judge is not merely to interpret the law but to be a voice for fairness, a voice for the powerless, hope for the oppressed, and a guardian of truth.

“That responsibility remains relevant today,” he said, affirming the unflinching support of the Executive.

“We honour the remarkable sacrifices of those who came before us while reaffirming our collective commitment to leave behind a judiciary that is even stronger, more accessible, more efficient, and more trusted than the one we inherited,” he added.

Respect for Chieftaincy
The Chief Justice, Paul Baffoe-Bonnie, also paid tribute to traditional authorities and acknowledged their role in national stability.

“Many disputes that could burden our courts are resolved quietly in our communities through wisdom, patience, and reconciliation. The law recognises this role, and our nation continues to benefit from it,” he said.

He expressed expectation for continued collaboration in the pursuit of justice.

He further reminded judges that the greatest inheritance of the Supreme Court lies in the confidence of Ghanaians.

“For justice has never belonged to justices alone. It belongs to the people. We only hold it in trust. The greatest inheritance of the Supreme Court is not its buildings or history, nor even its judgments. It is the confidence of the Ghanaian people.

“The quiet assurance that when they enter our courts, justice will not ask who they are before listening to what they have to say. May that confidence never fade, and may that trust never waver,” he stated.

Story by Hajara Fuseini

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