The prolonged and increasingly expensive nature of chieftaincy dispute resolution at the Traditional Councils, Regional Houses of Chiefs, and the National House of Chiefs has come under intense scrutiny, with concerns that inadequate resources could undermine access to justice for parties involved in traditional disputes.
Abusuapanin Ofori Atta of the Atefuah Royal Family of Akyem Kotoku, speaking in an exclusive telephone interview with The Chronicle, expressed concern about the financial burden imposed on parties seeking justice through the traditional arbitration system.
According to him, the Akyem Kotoku chieftaincy dispute has remained unresolved for about 27 years, with the prolonged litigation placing considerable financial pressure on the parties involved.
He alleged that the royal family pays at least GH¢9,000 annually to the Eastern Regional House of Chiefs in connection with the proceedings.
He further disclosed that in the past two years, the amount paid to the House had risen to about GH¢15,000 each year, which he said was intended to support the upkeep and smooth running of the adjudication process.
‘Disputes should not depend on money’
Abusuapanin Ofori Atta said the financial demands associated with chieftaincy adjudication raised serious concerns about equal access to justice, particularly for individuals and families who may not have the financial capacity to sustain prolonged legal battles.
He argued that traditional justice institutions should be adequately funded by the state to enable them to operate effectively without relying heavily on financial contributions from parties before them.
He, therefore, appealed to the government of Ghana to provide sufficient and sustainable resources to traditional councils, regional houses of chiefs, and the National House of Chiefs.
According to him, adequate state funding would enable the institutions to conduct proceedings efficiently and independently without creating the perception that the ability to pursue justice depends on a party’s financial strength. “The houses must be adequately resourced so that their operations can run without fear or favor,” he appealed.
27 years of chieftaincy dispute
The Abusuapanin said the protracted nature of the Akyem Kotoku chieftaincy dispute was particularly troubling because the matter had remained before various adjudicatory institutions for approximately 27 years.
He said the length of the dispute had not only created uncertainty over traditional leadership, but had also imposed significant financial and emotional costs on the parties.
He argued that traditional dispute-resolution institutions must be equipped with the necessary human, financial, and logistical resources to prevent cases from remaining unresolved for decades.
Abusuapanin Ofori Atta also raised concerns over what he described as conflicting positions between decisions of the superior courts and subsequent proceedings at the Eastern Regional House of Chiefs.
According to him, the Supreme Court and the Court of Appeal had ruled that the name of the chief in question should be expunged from the relevant register.
He alleged, however, that the Eastern Regional House of Chiefs subsequently ordered the re-registration of the chief of Akyem Kotoku.
The allegation raises important questions about the relationship between decisions of the superior courts and proceedings before traditional judicial bodies.
The Abusuapanin called for clarity and consistency in the administration of chieftaincy justice, arguing that prolonged disputes and conflicting outcomes could deepen tensions among traditional families and communities.
Funding and access to traditional justice
The concerns come at a time when questions about the funding of Houses of Chiefs have become increasingly important.
Traditional justice institutions perform constitutionally recognized functions in the adjudication of chieftaincy disputes, but their ability to perform these functions effectively depends on adequate financial and logistical support.
Where institutions are under-resourced, prolonged delays in hearings, administrative difficulties, and additional financial demands on litigants can become a major concern.
For parties involved in long-running disputes, every additional year of litigation may translate into further legal expenses, travel costs, administrative charges, and other financial commitments.
Abusuapanin Ofori Atta’s concerns therefore extend beyond the Akyem Kotoku dispute, as he believes the government must take steps to strengthen the entire traditional justice system.
CALL FOR GOVERNMENT ACTION
The Atefuah Royal Family representative urged the government to develop a sustainable financing mechanism for the traditional councils, regional houses of chiefs, and the national house of chiefs.
He said adequate funding would not only improve the speed and efficiency of chieftaincy adjudication but also help protect the credibility and independence of the traditional justice system.
He maintained that access to justice should not be determined by the financial capacity of litigants and that traditional institutions must be resourced sufficiently to discharge their responsibilities without placing excessive financial demands on parties before them.
The controversy surrounding the Akyem Kotoku dispute, he suggested, should therefore serve as a wake-up call for authorities to examine the funding and operational challenges confronting traditional adjudication institutions across the country.
For the Atefuah Royal Family, the immediate concern remains the resolution of a dispute that has already consumed 27 years, while the broader issue is ensuring that future chieftaincy disputes can be resolved more efficiently, affordably, and transparently.
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