This Is Why Asantehene Is King Even Under The 1992 Ghana Constitution
The debate whether Asantehene, Otumfuo Osei Tutu II is king or a chief has been something people keep arguing about but the overlord of the Ashanti Kingdom continues to exercise his authority not just within Ghana but worldwide.
According to Article 11 (2) of the 1992 Constitution, Common Law and Customary Law are part of the Laws of Ghana, and therefore, if customary law describes the Asantehene as a King, then, it follows logically that, the Constitution also recognises the Asantehene as a King.
Indeed, the Constitution does not need to state in black and white that, the Asantehene is a King before people who hide behind the 1992 constitution could be convinced that, the Constitution recognises the Asantehene as a King.
Invariably, Customary Law, as defined by Article 11 (3) of the 1992 Constitution, is part of the laws of Ghana, and therefore, any cultural practices, norms, beliefs and conventions acceptable under customary law are considered part of the Constitution.
Thus, despite the Republican status of Ghana, the Constitution, ipso facto, recognises the Asantehene as a King.
Apart from customary law, Section 58 of the Chieftaincy Act, 2008 (Act 759) also recognises the Asantehene as the “primus inter pares” of all the Paramount Chiefs in Ghana.
It is also noteworthy that, the Asantehene is the only king in Ghana who can be described, customarily and legally, as a King.
It is regrettable that many are ignorant about this fact and say things they do not know.
For the avoidance of doubt, the Asantehene is considered as the only King in Ghana mainly because of the following:-
(a) First, the Asantehene is the only King in Ghana whose authority and control over Paramount Chiefs extend beyond the Ashanti Region to other traditional areas in other regions in Ghana – such as, Volta, Eastern, Brong-Ahafo, Central, Western and Northern Regions.
(b) Second, the Asantehene is the only King in Ghana who can enstool or destool a paramount chief. Thus, the Asantehene is over and above a paramount chief.
(c)Third, the Asantehene is the only King in Ghana who has absolute control and authority over all the lands in one particular region. The Asantehene’s authority covers, not only the whole of Ashanti Region but also, extends to other regions and beyond the borders of Ghana.
(d) Fourth, the Asantehene has the power to customarily confer titles like, “Osagyefo” to paramount chiefs and other distinguished personalities, and therefore, the title “Osagyefo” cannot be equated to the title “Otumfuo”.
Indeed, the late Asantehene, Otumfuo Agyeman Prempeh II conferred the title “Osagyefo” on Dr. Kwame Nkrumah (First President of the Republic of Ghana) for the distinguished role he played towards the political independence of Ghana.
Apart from the needless and ridiculous arguments by some people to equate the status of chiefs in Ghana to that of the Asantehene, I am extremely disgusted by the political mischief of some people who in the name of the constitution disrespect the authority of the Asantehene whose empire existed before Ghana and even Gold Coast.
Undoubtedly, the Asantehene is the only “KING” in Ghana, and he is recognised by the 1992 Constitution under the customary laws of Ghana.
The Ashanti Kingdom is a home of peace, and the Asantehene should be left alone in peace.
