The Asantehene, Otumfuo Osei Tutu II, has reaffirmed that allodial ownership of land in Asanteman is vested exclusively in stools, stressing that no family or individual can claim absolute ownership of land under Asante customary law.
According to the Asantehene, stools hold allodial title to land in trust for the Golden Stool, while families and individuals may only enjoy leasehold or usufructuary interests that are traceable to a recognised stool.
Otumfuo Osei Tutu II made the remarks during a lecture at the Manhyia Palace in Kumasi as part of activities marking the 150th anniversary of the Supreme Court of Ghana.
Addressing the longstanding debate over land ownership and customary interests, the Asantehene said disputes over allodial title continue to generate uncertainty, public agitation and litigation, making it necessary to clarify the position under Asante customary law.
He cited the example of lands allocated to the Kwame Nkrumah University of Science and Technology (KNUST), explaining that the land was set aside by one of his predecessors through an agreement with Ghana’s first President, Dr. Kwame Nkrumah, to facilitate the establishment of the university.
Otumfuo expressed concern over attempts by some individuals and family heads to claim ownership of portions of the university’s land through the courts.
He described such actions as inconsistent with Asante customary law and questioned the basis upon which families seek allodial ownership of lands that were vested in stools.
“First and foremost, it is imperative to state for emphasis that in Asanteman, allodial ownership of land rests in the stools, who hold the same in trust for the Golden Stool,” he stated.
The Asantehene stressed that there are no family allodial lands in Asanteman.
He explained that while families and individuals may possess leasehold or usufructuary rights over land, they cannot claim allodial title.
He further noted that any family or group claiming usufructuary rights must be able to trace those rights to a recognised stool and demonstrate the customary responsibilities or functions they perform for that stool.
According to him, such customary obligations form the basis for the continued enjoyment of usufructuary interests in land but do not confer absolute ownership.
Otumfuo Osei Tutu II also referenced a historic decision of the Asante Confederacy in 1938, which declared that all lands in Asanteman are vested in the stools in trust for the Golden Stool.
He said that decision remains the foundation of Asante customary land law and is protected under Ghana’s Constitution.
The Asantehene urged legal practitioners, traditional authorities and the public to appreciate and uphold the customary legal framework governing land ownership in Asanteman, saying a proper understanding of the law would help reduce land disputes and unnecessary litigation.
By 1960news.com
