In a bold statement, Nii Kwabena Bonne V, the Osu Alata Mantse, has emphasized the crucial role of traditional authorities in Ghana's justice system. He believes that chiefs and their judicial committees are key to resolving disputes and preventing court congestion.
But here's where it gets controversial: Nii Kwabena Bonne V argues that traditional councils, when properly constituted, have the power to handle a wide range of customary and land-related cases. He highlights how many legal battles that reach higher courts are often referred back to chiefs, after years of costly and emotionally draining litigation.
The Osu Alata Mantse recently inducted two new members, Nii Nortey Otututse II and Nuumo Noi Osikan III, into the Osu Traditional Council. This induction is part of a strategic effort to strengthen the council's capacity to address pending cases, especially after losing some members in recent years.
"As a traditional council, we have a lot on our plate. Issues that would normally go to formal courts are our responsibility," Nii Kwabena Bonne V explained. He stressed the importance of having a minimum number of members to form a panel for adjudication, and with the new inductees, they can now meet this requirement.
Nii Kwabena Bonne V further emphasized the integral role of traditional councils in Ghana's modern justice system. He pointed out that many chieftaincy and land disputes, which consume years in formal courts, could be resolved more efficiently and effectively through customary authorities.
"Public education is key," he said, "People need to understand the mandate and jurisdiction of traditional councils. Effective use of these mechanisms can significantly reduce the burden on our courts."
The Osu Alata Mantse also highlighted the authority of gazetted chiefs, whose courts are legally mandated to handle specific customary matters. He drew parallels to the mediation roles played by traditional rulers in resolving complex national disputes, emphasizing their unique ability to engage parties and broker consensus.
On land administration, Nii Kwabena Bonne V stressed the indispensable role of chiefs in resolving land disputes. "Virtually all land in Ghana falls under a traditional area. Land issues cannot be effectively handled without the traditional council's involvement," he said.
However, he expressed concern over the credibility of chieftaincy in some areas due to multiple claimants to stools and skins, leading to public confusion and a decline in confidence in traditional authority. He also blamed historical land acquisitions and post-independence challenges for the protracted land litigation in Accra.
"Our forefathers were not greedy. Many lands were given freely by chiefs to families, not sold," Nii Kwabena Bonne V said, urging contemporary chiefs to consider the welfare of future generations. He called for renewed civic education on chieftaincy, customary law, and land tenure systems to reduce conflicts and restore confidence in traditional adjudication.
In his advice to the newly inducted members, Nii Kwabena Bonne V urged them to study customary law diligently and ensure fairness in their judicial roles. "The aim should be a win-win outcome that restores harmony, not just declaring winners and losers. This approach will encourage more people to bring their disputes to traditional councils," he concluded.
What are your thoughts on the role of traditional councils in justice delivery? Do you think they should have a more prominent role, or do you believe the formal court system should remain the primary avenue for dispute resolution? Feel free to share your opinions in the comments!
