The Asantehene, Otumfuo Osei Tutu II, has reaffirmed that under Ashanti customary law, allodial ownership of land in Asanteman is vested exclusively in the stools and held in trust for the Golden Stool, insisting that no family or individual can claim allodial title to land in the region.

He said persistent disputes over stool lands and increasing litigation arising from competing ownership claims underscored the need for a clearer understanding of Ashanti customary land tenure, particularly by parties seeking judicial redress.

The Asantehene made the remarks during his keynote address at the Supreme Court's 150th Anniversary Celebrations and Lecture Series held in Kumasi on Thursday, July 16.

The event, which formed part of activities marking the 150th anniversary of Ghana's apex court, brought together judges, lawyers, traditional rulers, academics and policymakers to reflect on the relationship between customary law and the formal judicial system.

Growing land disputes

Otumfuo Osei Tutu II described land ownership as one of the most significant customary law issues confronting Asanteman, saying disputes over allodial title, stool lands and customary interests continued to fuel uncertainty and litigation.

"Another issue of profound importance relates to land ownership within Asanteman. Questions concerning the nature of allodial title, stool lands and customary interests continue to generate significant agitations, uncertainty and sometimes litigation," he said.

He cited a recent dispute involving land belonging to the Kwame Nkrumah University of Science and Technology (KNUST) as an example of what he described as attempts to challenge long-established customary ownership arrangements.

The Asantehene recalled that the land occupied by the university was granted through an agreement between his predecessor and Ghana's first President, Osagyefo Dr Kwame Nkrumah, after the area had been properly surveyed and demarcated.

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"I had the occasion to comment when I was at KNUST, where those lands have been bequeathed to the university, demarcated by my predecessor, who then was a surveyor before he became the Asantehene, and that was a barter trade between Osagyefo Kwame Nkrumah and the school for us," he explained.

Expressing concern over subsequent legal claims to portions of the university's land, he said some litigants had sought ownership of extensive tracts of land despite the established customary position.

"Some people have the impudence, from family heads or something, to go to court to ask for over one thousand acres of that school land. And with all due respect, my learned friends, some people also followed that. I believe that is wrong," he stressed.

Customary position

The Asantehene emphasised that the customary law of Asanteman was unequivocal on the ownership of land.

"First and foremost, it is imperative to state for emphasis that in Asanteman, allodial ownership of land vests in the stools who hold the same in trust for the Golden Stool. There are no family allodial lands in Ashanti."

He explained that while families and individuals may legitimately occupy or use land, their interests are limited to recognised customary rights and do not amount to ownership of the allodial title.

"Therefore, families and individuals can only hold leasehold or usufructuary interests in lands in Ashanti, but never allodial interest or title."

According to him, any claim to land in Asanteman must be linked to a recognised stool and supported by established customary obligations.

"Thus, if a person, a group of persons or family claims interest in land in Ashanti, same should be traceable to a stool and that person, group of persons or family should be able to show at least a distinctive customary function that they perform to the stool for them to continue to exercise their right over the land, but not allodial interest or title."

Constitutional protection

Otumfuo Osei Tutu II further explained that the customary position had long been affirmed by the Ashanti Confederacy and remains protected under Ghana's Constitution.

He recalled that the Ashanti Confederacy resolved in 1938 that all lands in Ashanti should vest in the stools in trust for the Golden Stool.

"The Ashanti Confederacy in 1938 decided that all lands in Ashanti are vested in the stools in trust for the Golden Stool. This is our customary law, which is guaranteed by the Constitution."

He urged judges, lawyers and litigants to give due regard to established customary law when dealing with land disputes involving Asanteman, noting that a proper appreciation of customary land tenure would help reduce avoidable litigation and strengthen legal certainty.