Asantehene Otumfuo Osei Tutu II’s Destoolment Threat to Chiefs Using Land Guards: Full Details and Legal Analysis

Introduction

In a bold move to safeguard peace and uphold the rule of law in the Ashanti Kingdom, Asantehene Otumfuo Osei Tutu II has issued a direct warning to all chiefs: any involvement with land guards in land disputes will result in immediate destoolment. Delivered on November 5, 2025, at Manhyia Palace during a courtesy visit by the newly appointed Ashanti Regional Police Commander, DCOP Arthur Osei Akoto, this decree addresses the growing menace of land guards—armed groups hired to enforce land claims through intimidation and violence.

This pronouncement by the Asantehene, the paramount chief of the Ashanti people, underscores the tension between traditional land governance and modern legal frameworks in Ghana. Land disputes, a persistent issue in rapidly urbanizing areas like the Ashanti Region, often escalate due to the use of land guards, threatening public safety and investor confidence. By reinforcing traditional authority while aligning with national laws such as the Land Act, 2020 (Act 1036), Otumfuo Osei Tutu II aims to promote amicable resolutions through established channels like the Manhyia Palace judiciary.

This article breaks down the Asantehene’s statement, its context, legal backing, and practical steps for chiefs, developers, and communities navigating stool lands in Ghana.

Analysis

Context of the Asantehene’s Warning

The Ashanti Kingdom’s traditional system places chiefs as custodians of stool lands—communal lands held in trust for subjects. Upon enstoolment, chiefs receive authority to manage these lands, but Otumfuo Osei Tutu II clarified that this does not extend to hiring land guards. “I will destool any leader who engages the services of land guards. They know very well that they have no such authority,” he stated, emphasizing that no permission was granted to use armed enforcers.

Rising Threat of Land Guards in Ghana

Land guards have become a scourge in Ghana, particularly in peri-urban areas of the Ashanti Region. These vigilante groups, often armed, are hired by individuals or chiefs to seize disputed properties, extort developers, or intimidate rivals. This practice fuels violence, displaces communities, and erodes trust in land administration. The Asantehene’s intervention highlights how such actions betray Asanteman’s governance principles, which prioritize peace (abirempon) and consensus.

Role of Manhyia Palace in Dispute Resolution

Otumfuo Osei Tutu II invited chiefs with land disputes to bring cases to Manhyia Palace: “If you have any land disputes with anyone, bring it before me, and we will resolve it amicably, for peace to prevail.” The palace’s judicial system, rooted in customary law, has successfully mediated thousands of cases, offering a faster, culturally sensitive alternative to courts.

Summary

On November 5, 2025, Asantehene Otumfuo Osei Tutu II warned Ashanti chiefs against using land guards for land enforcement, promising instant destoolment for violators. This aligns with Ghana’s Land Act, 2020 (Act 1036), which bans such practices. Chiefs must resolve disputes peacefully via traditional channels like Manhyia Palace to avoid both traditional sanctions and state prosecution, fostering security in the Ashanti Region’s land sector.

Key Points

Practical Advice

For Ashanti Chiefs Managing Stool Lands

As fiduciaries under customary law, chiefs should document land allocations transparently and refer disputes to the Asantehene’s court. Engage licensed surveyors and lawyers for boundary demarcations, avoiding self-help measures that invite destoolment.

For Developers and Investors

Verify land titles through the Lands Commission and consult local chiefs formally. If disputes arise, petition Manhyia Palace early. Use digital land registries introduced under the Land Act to confirm ownership, reducing risks from fraudulent land guards.

For Communities

Report land guard activities to police or the Asantehene’s office. Participate in community sensitization programs on land rights to prevent escalation.

Points of Caution

• Land guards pose immediate dangers, including violence and legal liabilities for employers.
• Chiefs risk dual penalties: destoolment by Asantehene and criminal charges under Act 1036.
• Extralegal enforcement undermines Asanteman’s reputation, deterring development in the Ashanti Region.
• Ignore traditional channels at your peril—Manhyia Palace offers binding, enforceable rulings.

Comparison

Traditional Governance vs. State Law

Before vs. After the Decree

Prior to this warning, land guard incidents spiked in Kumasi suburbs, causing fatalities. Post-decree, chiefs face heightened scrutiny, potentially reducing violence as seen in past Asantehene interventions like the 2010s land litigations.

Legal Implications

Ghana’s Land Act, 2020 (Act 1036) explicitly prohibits land guards. Section 113 criminalizes using force, violence, or intimidation to control land or extort money, with penalties including up to 20 years imprisonment and fines. Chiefs, recognized as fiduciaries for stool lands under Section 4, face prosecution alongside civil liabilities.

The Asantehene’s decree creates a synergistic enforcement: state courts handle crimes, while traditional courts impose destoolment. This dual mechanism, upheld in cases like Republic v. Asantehene precedents, strengthens compliance. Developers can seek injunctions via the High Court, but traditional mediation remains preferable for cultural lands.

Non-compliance risks asset forfeiture under the Act’s anti-vigilante provisions, impacting Ashanti Region’s real estate growth.

Conclusion

Asantehene Otumfuo Osei Tutu II’s destoolment threat marks a pivotal stand against land guards, blending Ashanti tradition with Ghana’s legal framework. By mandating peaceful resolutions at Manhyia Palace, it protects stool lands, curbs violence, and bolsters economic stability. Chiefs and stakeholders must heed this call to preserve the Ashanti Kingdom’s legacy of just governance. This decree not only deters illegality but educates on proper land stewardship, ensuring sustainable development for future generations.

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