
Asantehene Calls for Enforcement of Regulation Recognising Naba Azoka II as Bawku Chief – Life Pulse Daily
Introduction
In a decisive moment for Ghana’s traditional governance, the Asantehene, Otumfuo Osei Tutu II, has urged the federal government to enforce existing regulations that formally recognise Naba Azoka II as the legitimate Chief of Bawku and head of the Kusasi Traditional Area. This appeal, delivered at the Jubilee House in Accra, underscores a broader effort to end a protracted chieftaincy conflict that has claimed lives in the Upper East Region. By anchoring his recommendation on the 1983 Restoration of Status of Chiefs Law (Act 75) and the 2003 Supreme Court judgment, the Asantehene seeks to align national policy with constitutional supremacy, ensuring that no chief—regardless of status—operates above the law.
Key Points
- The Restoration of Status of Chiefs Law (Act 75) of 1983, which restores traditional stool rights.
- The 2003 Supreme Court decision that affirmed the legitimacy of Naba Azoka II as the rightful chief.
Background
Historical Roots of the Bawku Chieftaincy Conflict
The dispute in Bawku traces its origins to colonial‑era administrative policies that attempted to impose the Mamprusi chieftaincy structure on the indigenous Kusasi population. Over decades, competition for land, resources, and political influence manifested in intermittent clashes between the Mamprusi and Kusasi communities.
Legal Evolution of Chieftaincy Governance
Ghana’s chieftaincy legislation has evolved through several key instruments:
- Restoration of Status of Chiefs Law (1983) – Restored displaced chiefs and provided a legal basis for stool recognition.
- Chieftaincy Act (1971) and subsequent amendments – Codified the powers and responsibilities of traditional leaders.
- Supreme Court Judgment (2003) – Confirmed Naba Azoka II’s rightful position as the chief of Bawku, establishing a binding legal precedent.
Recent Escalations
Since late 2021, sporadic violent incidents have intensified, resulting in loss of life and displacement. The conflict has also been exacerbated by political actors seeking to leverage chieftaincy narratives for electoral gain, further complicating the peace process.
Analysis
Legal Validity of Enforcement
The Asantehene’s appeal aligns with the constitutional mandate that the Executive arm of government must uphold and enforce laws passed by Parliament and upheld by the judiciary. By citing the 1983 law and the 2003 Supreme Court ruling, the Asantehene provides a clear legal pathway for the government to act without resorting to ad‑hoc political compromises.
Political Feasibility
While the President may face pressure from various interest groups, the call for enforcement is framed as a non‑negotiable duty. The Asantehene explicitly addressed Naa Mahami Abdulai Sheriga, the Nayiri of Mamprugu, urging her to accept the current legal order and refrain from supporting alternative claimants.
Potential Outcomes of Enforcement
- Reduction in violence and loss of life.
- Restoration of confidence in traditional institutions.
- Creation of a stable environment conducive to socio‑economic development.
- Strengthening of Ghana’s rule‑of‑law framework in chieftaincy matters.
Risk of Misinterpretation
Any perception that the government is favouring one ethnic group over another could reignite tensions. Therefore, the enforcement must be executed transparently, with clear communication that the objective is to uphold the law, not to marginalise any community.
Practical Advice
For Government Officials
1. Verify Legal Documentation – Ensure that all references to Naba Azoka II are based on authentic copies of Act 75 and the 2003 Supreme Court judgment.
2. Coordinate with Security Agencies – Deploy appropriate law‑enforcement units to protect the rightful chief and prevent unlawful disturbances.
3. Engage Stakeholders – Hold consultative meetings with traditional leaders, civil society, and community representatives to foster inclusive dialogue.
For Traditional Leaders
1. Respect Constitutional Boundaries – Acknowledge that no chief is above the law and must operate within the established legal framework.
2. Promote Unity – Encourage peaceful coexistence among the Mamprusi, Kusasi, and other groups in the Upper East Region.
3. Facilitate Conflict‑Resolution Mechanisms – Establish local peace committees that can address grievances before they escalate.
For the General Public
1. Stay Informed – Follow credible news sources for updates on the enforcement process.
2. Avoid Misinformation – Verify claims about alternative chieftaincy claimants through official government channels.
3. Support Peace Initiatives – Participate in community‑based programs that promote reconciliation and understanding.
FAQ
What is the legal basis for recognizing Naba Azoka II as the chief of Bawku?
The recognition is grounded in the Restoration of Status of Chiefs Law (Act 75) of 1983 and reinforced by the 2003 Supreme Court judgment that upheld his claim as the legitimate chief.
Why does the Asantehene insist on immediate enforcement?
He argues that swift enforcement is the only reliable method to stop ongoing violence, prevent further loss of life, and restore constitutional order in the Upper East Region.
Can the President refuse to enforce the regulation?
While the President has discretion in how to implement policies, the constitution obliges the Executive to uphold all laws, including those relating to chieftaincy recognition. Refusal without lawful justification could be challenged in court.
What role does the Supreme Court play in this dispute?
The Supreme Court’s 2003 ruling is binding precedent that affirms Naba Azoka II’s legitimacy. Its decisions are enforceable across all governmental arms and cannot be overridden without a subsequent judicial review.
How does this matter affect ordinary citizens in Bawku?
Effective enforcement is expected to reduce violent clashes, improve safety, and create a stable environment for economic activities, ultimately enhancing the quality of life for residents.
Conclusion
The Asantehene’s call for the enforcement of regulations that recognise Naba Azoka II as the rightful chief of Bawku represents a pivotal step toward lasting peace in Ghana’s Upper East Region. By anchoring his appeal in constitutional law, historical precedent, and judicial authority, he seeks to eliminate ambiguity and ensure that the government acts decisively. If implemented transparently and consistently, this approach can halt the cycle of violence, reinforce the rule of law, and pave the way for inclusive development that benefits all communities involved.
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