SC@150: Apex Court Hasn’t Acted As Rival To Nananom But Institutional Partner – Otumfuo
Otumfuo Osei Tutu II, Asantehene, has testified that the Supreme Court has been a partner rather than an adversary in recent years.
The apex court, he said, has acted well in the partnership towards the administration of chieftaincy justice.
Speaking at the second lecture of the Judiciary’s series marking the 150th Anniversary of the Supreme Court on July 16, 2026, His Majesty described the Court’s role as reconciling the ancient wisdom of custom with the values of the 1992 Constitution.
“In this role, the Supreme Court has acted not as a rival to Nananom, but, at its best, as a steadying institutional partner: a forum of last resort where the ancient wisdom of custom is tested against, and reconciled with, the values of our written Constitution and other laws,” His Majesty stated.
His Majesty further touched on the constitutional recognition for the chieftaincy institution, saying it marked the decisive turning point for chieftaincy.
Citing Article 270, His Majesty noted the Constitution guarantees the institution together with its traditional councils and bars Parliament from legislating in a manner that derogates from its honour and dignity.
“The institution of Chieftaincy is therefore not merely tolerated by our modern constitutional order; it is entrenched within it and recognised as a co-equal pillar of our governance architecture,” His Majesty said.
Meanwhile, the Asantehene called on the Traditional Councils’ Judicial Committees and ultimately to the Supreme Court to give constitutional recognition practical content.
Over the decades, His Majesty said, the Court has developed substantial jurisprudence on chieftaincy matters, including defining the exclusive jurisdiction of Judicial Committees under Articles 273 and 274, adjudicating stool and skin succession disputes, and handling cases on stool lands.
His Majesty said where custom is unclear or has evolved, the Court has shown “institutional humility” by deferring to those with lived knowledge of the custom, while intervening where fundamental rights are at stake.
Story by Hajara Fuseini
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