Asantehene's Powers Confirmed
by our Palace Correspondent in Kumasi
It may be recalled that Nana Kwantwi Barima II was destooled by the Council last April after he had pleaded guilty to charges of gross insubordination against Otumfuo Opoku Ware II, the Asantehene and the Asanteman Council.
The court said that even though the Asanteman Council was not a statutory body recognised by law, it had "customary powers" to destool any chief. Moreover, since an 'omanhene' swears an oath of allegiance to the Asantehene, the latter becomes one of the kingmakers and therefore can destool or make a chief. Ex-Adansihene, Nana Kwanti Barima II had contended that it was the Ashanti Regional House of Chiefs which destooled him and not the Asanteman Council because the letter of invitation to the meeting which took the decision to destool him was typed on a pad bearing the Regional House of Chiefs' letterhead. Consequently the Regional House of Chiefs exceeded its jurisdiction because it had no power to destool.
The court however said even though the invitation to the ex-Adansihene was typed on a pad of the Ashanti Regional House of Chiefs, Nana Barima had no reason to doubt that the meeting was that of the Asanteman Council, judging from the procedure adopted.
The invitation notice, the court explained, did not misinform the ex-Adansihene of the body he was. to meet, hence the need to attend the meeting with the elders of Fomena after they had discussed how to render his apology to the Asantehene for his rebellious behaviour.
Having accepted that Nana Barima attended the meeting in full knowledge that he was going before the Council, the court proceeded to find out whether or not the Asanteman Council had the power to destool the ex Adansihene.
The court made references to the affidavits of the ex-Adansihene, representatives of the Asantehene and ruled that the Asanteman Council existed as a customary creature comprising all the Ashanti divisional chiefs and elders, with the Asantehene as the automatic president.
Since the chiefs and elders swore the great oath of allegiance to the Otumfuo Opoku Ware II, the court ruled, there is no basis to challenge the customary position of the Asanteman Council in entertaining customary offences such as those for which the ex Adansihene was destooled.
The court referred to the meeting of the Asanteman Council on April 26, 1984 and noted that Nana Barima voluntarily appeared before the elders, chiefs and kingmakers and when the charges were preferred against him, he pleaded guilty and appealed to some personalities such as Bishops to apologise on his behalf.
The court awarded C10,000 cost against the ex-Adansihene and pointed out that an apology does not take away the right to punish the wrong.
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