In an article on the above-mentioned topic published in Myjoyonline on the 10th of May 2018, one Dr. Osei-Tutu Darkwa sought to attack my position on the issue whether or not the Asantehene is a King within the terms of the 1992 Constitution.
In this rejoinder, I hold no brief for the names or the political parties he mentioned in his article. This reaction is to the extent that it affects me, Abdul Malik Kweku Baako. Description of me and my submission on Peace Fm’s Kokroko program on May 9, 2018 as arrogant, impudent and ignorant are politely ignored for good reason. We need to stay focused on the substantive issue as to whether or not we have “Kings” in Ghana today in the face of the fundamental law of the land (The 1992 Constitution), The Chieftaincy Act (Act 759) and any other relevant statute relative to the noble institution of Chieftaincy!
My position is simply this: In so far that the 1992 Constitution, as well as the modern laws of Ghana, do not directly or indirectly mention any chief as a King, there can be no chief in Ghana today who can legally be described as a King. My reasons are as follows:
* i. No provision in the current laws of Ghana defines “a chief” as a king. The current laws include the Chieftaincy Act, 1971, (Ac t370), s. 48; the 1979 Constitution, art 181; The Chieftaincy Act, 2008 (Act 759), s 57(1); and 1992 Constitution, art 277.
* ii. When a person is to be installed as a chief, the law requires that he is installed as a chief or queen mother but never as “a king.” This is clearly set out in art 277 and all the laws which determine when a person is legally made a chief
* iii. I have sought legal advice and been informed that the rules on interpretation stipulate that it is not right to import words into a statute in seeking to interpret it if the statute is clear on its face and excludes the imported provision.
* iv. Since none of the laws in our recent years and current times allow a chief to be referred to as a king, it is obvious that the word “king” is not intended to be part of our vocabulary when describing who a chief is. If the Legislature or the framers of the Constitution wanted the word “king” to be used to describe chiefs, what prevented them from saying so expressly? My view is that the word “king” does not appear in the laws or the 1992 Constitution because the Legislature and the framers of the Constitution did not intend that (king) to be used to describe a chief.
* v.A “king” presides over an empire or a kingdom. Where is the kingdom or empire over which the “king” of modern times may be said to preside?
* vi. There are certain attributes one has to possess or customs one has to perform in order for him to be acknowledged as a king. What are the attributes exhibited by the chiefs of today or customs of kings performed by the chiefs of today which qualify them to be described as kings if the good writer is invited to point to these attributes or customs of kings or customs performed by any chief in modern Ghana for which he may be called a king instead of just a chief.
* vii. There is no doubt that in the past Ghana had kings and kingdoms. Typical instances were the Nayire of the Mamprusi kingdom and the Asantehene of the Ashanti Kingdom. When kings are referred in the past or in the historical context, that is in order and no one will question that. That is part of history. But when modern chiefs are referred to, it will be legally wrong to describe a chief in Ghana today as a king.
* viii. Out of respect for our kings of the past, they may be referred to as kings. But that does not make them kings in the modern context in any legal sense.
* ix. In Ghana today, people give birth to their children and name them as Nii, Ohene, Chief, Nana, Naaba, Kuoro, Togbe, Narh. These are appellations given to chiefs. Does the fact that such children are given such appellations make them chiefs?
* x. I concede that any group of people may choose to call their chief by any name they prefer. But in the legal sense, the chief must satisfy the conditions or requirements laid down by the law before the legal status of the particular chief can be attached to him. For instance, a paramount chief must satisfy the conditions laid down in the Constitution before a chief will qualify to be called a paramount chief. What are the conditions to be satisfied before a person will qualify to be called a king? There is none in any law or the Constitution because the law does not recognize that position and that is why it does not take the trouble to lay down any conditions to be satisfied.
* xi. The reference to the meaning of customary law relied on by the writer is a question of interpretation. Until the courts come out with the interpretation or implication that he has relied on, he is as much entitled to his interpretation as I am entitled to my interpretation.
* xii. The difference between the two of us is that I rely on the law as it is on the face of it but he relies on his own interpretation of the law as he deduces from his understanding of the law. I rely on the law as it is: He relies on the law as it ought to be by his interpretation. Which one is more reliable?
* xiii. I still maintain that on the law as it stands or on its face, there is no king in Ghana today.
In conclusion, I maintain that I am right and the writer is wrong for the reason that by Article 1(2) of the 1992 Constitution, any law or conduct which is inconsistent with the Constitution is void to the extent of the inconsistency. In so far that the Constitution contains no provision on the term "king", in so far that the Constitution does not include "king" in its definition of who a chief is, it is inconsistent to invoke "king" within the meaning of "a chief" as provided in the Constitution. The argument of the writer is therefore void and wrong to the extent of the inconsistency!
I rest my case.
Source: Abdul Malik Kweku Baako (Editor In Chief of The New Crusading GUIDE At Large)
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You don't need a Bible to Tell you there is a God, So i definetly don't need a flawed consitution to tell me who is a King.
The pedigree of the former Asantehenes was indeed phenomenal. They were responsible, selfless and had all the good attributions of a King. I was proud to learn that Sir Agyemang Prempeh was one of those who contributed to the establishment of University of Ghana at Legon. We never heard them implicate in any dubious financial transactions, missing Gold in Hotels. Neither did we hear them acquire any multi-million wealth of private mansion in the UK. The more this juxtaposition becomes vividly clearer to me, the more am I inclined to suggest that, the tradition and the enstoolment of Asantehene should critically be looked at and modernized to that of a Rotation of the prominent paramount Chiefs occupying the throne periodically. After all, if you carefully kept your own counsel critically, you would realize that the essence and for that matter, the creation of Asantehene was purely based on witty conjuncture of faith in Okomfo Anokye which imposed a mutual agreement on the paramount chiefs, or better, convinced them to adopt one paramount chief to be the Overlord. The Asantehene then was paramount Chief of Kwabere District. There is no Ashanti Kingdom per se in the real sense of Kingdom and monarchy. Please don't get me wrong here. I salute Okomfo Anokye for his wit to conjure that symbolic Golden Stool of unity which binds us together and it's a good thing, But if it is arrogantly, extravagantly, ambitiously and self-centered misused at the cost of social and moral responsibility, then we have to take a second look at it for a change which embraces modernity and a present time approach to solutions-if you like democratic in . Then, after all, today good experiences, technology and good education have proved that conjuring Golden stool from the sky was a hoax. Technology has brought people to the moon and back. This is real and an objective fact. And if the technological advancement of today, can help the progress of mankind it is a good thing just as at that time under the prevailing circumstances, Okomfo Anokye used his conjuring wit or prowess to unite Asanteman. This unity must be coherent, consistent, not self-seeking in a dignified environment where we freely express our views, put things in order and respect each other, without unnecessarily bestowing too much power on one person just because the powers which lie in the conjuncture of faith and culture have made him Overlord. Please do not let us hide behind the folly of tradition, culture, and belief to hamper our progress as civilized people. Ceremonial Heads and Figures, in other jurisdictions, when incorporated in the constitution, recognize its' boundaries of actions. Even the Asantehenes both old and present had a marked jurisdiction in terms of Land tenure, Enthronement, and Dethronement in Ashanti Region which is contrary to that of a Kingdom and monarchy. Do not let us create a monster out of our mutual arrangement to destroy our unity, then what binds us together as a people is greater than what divides us.
kwaku baako i been your biggest fan for almost 25 yrs. but for this one you got it wrong. kwaku what is ghana constitution? is just a pieces of paper. you can take it or leave it. ghana constitution does not have jurisdiction over our king.you can take it or leave it. constitution can be suspended, eradicated any time. Barcelona said they no more wonna be under spain. they held a referendum. where is Spain's constitution. Kwaku forgot about constitution. Kwaku bear in mind that asantes were not under british rule. we can take ourselves from this country ghana one time. again kwaku baako what is constitution?. bear in mind that not all countries in the world have constitutions. Britain do not have a constitution.
The Asantes regard him as a king. So all this is totally irrelevant. If you have a traditional ruler and want to call him a latrine boy Odikro enjoy but leave the true King of King's of the Great Asanteman and all Asantes alone Haba Do you ever read of any true Asante working himself up about the custom of others? One million years hence the King of King's occupant of the Golden Stool will still be here, revered by his subjects If you don't like it go and burn the sea
@ Yaaa Ashatewaa ; Kweku Baako's piece is typical of a weel researched case to disprove this false notion that this AShantehene is a KING !!!!!besides who needs such current 'King' who rather prefers to neglect the needs of his people and gets himself involved in mis guided activities ; lOOK at Kumasi city today full of gabbage ; this is so called king of the Ashantis who sits down for the first lady to go all the way to commplete a maternity ward in Kumasi ; Kwaku Baako is CORRECT and to me have defined this saga of this Ashantehene's place in our society ; the fact of the matter is that some arrogant Ashantis have never found it relevant to read their history but only listen to these little myths about this so called 'Ashanti Kingdom' ; the truth is there have never been such a kingdom ;this so call kingdom and 'king' as refered to by the Ashantihene and his subjects has always been a created mirage and a myth; the Ashantehene is a position mythically created out of the myth created by Okomfo Anokye who is not an Ashanti but from Awukugya ; he is said to have falsely conjured the golden stool from the heavens to create the unity of Ashanti state which was full of various tribes and clans fighting amongst themselves; old history records recorded even at the British Library full of West Africa recoded history does not make mention of any Ashanti kingdom therefore to a ssign the name of KING to the Ashantehene is just fake news and fALSE ; Ashantis can be proud of thei CHief the Ashantihene bout so is other tribes men who are also very proud of their Chiefs who you never hear of any misguided activities includinmg money laundering and causing the loss of somebody's job in London ;association with a crooked party called the NDC; selling gold ornaments of his tribe and claining it was stole ; how many times have heard any Chief in Ghana sink so low in morality .
Kweku Baako can go around carrying the Constitution of Ghana in his armpit and quote it to support every statement he makes including a refusal not to give chop money to his own children. OTUMFUO is a King and neither Kweku Baako nor the constitution of Ghana can change that. We are Ashantis, we are proud of our heritage and content with who we are. We are not better than any group of people but we are unique in our own way !!!
Kwaku you've made a very simplistic literal discussion ofthe subject. Well done. There had never been any kingdom in this world known as the Ashanti kingdom though. I've read and heard ofthe Asante Kingdom. Again, the Asantehene does not reign over his kingdom, which predates Ghana, Gold Coast, colonialism etc. In as much as the same arrangement that established the Asante Kingdom and the Asantehene continues tobe the basis of the status of that institution, then you, Kwaku Baako, being a fair minded person, must know and concede that Asante is a kingdom and not a chiefdom. Any other kingdom might decide to cede their status to the 1992 constitution and whatever laws you might like to rely on but note one more fact: Asante kingdom extends beyond the borders of Ghana and therefore in the context of Asante being a Kingdom, it is lazy and disingenuous to limit the definition to the constitution of Ghana. Unfortunately, people make the mistake of equating the Ashanti region (a creature of statute for political administrative purposes) to Asante (an organic empire that exist not by statute and extends beyond administrative regional boundaries). These are facts.
GREAT piece, Kwaku!! Furthermore, a PhD. holder should not be told that if Ghanaian custom recognizes Asantehene and Whewhe hene as both traditional rulers, where does one Ohene become superior to the other by being King and one being Chief??!! An intellectual of his caliber should KNOW BETTER!!
am not an ashanti but otumfour is regarded as a king wherever he goes.Constitutionally ,i agree with you that there is no provision for such position.We must all unite to promote our culture and thats what ashantis have been able to do to achieve that,on other hand, ewes are doing well to also promote theirs and thats also good,the other tribes can follow suit, so i urge all ghanaians to love our traditional leaders and promote our rich culture.thanks