A recent legal interpretation has brought clarity to a long-debated issue in Ghana’s chieftaincy structure: whether the title “Mrantehene” constitutes a recognized chieftaincy position under Ghanaian law.
The court’s decision, citing the 1992 Constitution and the Chieftaincy Act, 2008 (Act 759), concluded that the Mrantehene is an honorary designation and does not hold the same legal standing as formally recognized chiefs.
This ruling comes at a time when the title has been at the center of change in the Western Nzema Traditional Area. Whajah Kabenlah, who was made Mrantehene by Tumivole Awulae Kaku Aka II, was recently destooled by his successor, Tumivole Awulae Kaku III, who subsequently installed Nana Anyimah I as the new Mrantehene.
Key Legal Provisions and Definitions
The ruling referred extensively to the legal framework governing chieftaincy in Ghana. Article 277 of the 1992 Constitution and Section 57(1) of Act 759 define a chief as a person who, “hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage.”
Further, Section 58 of Act 759 identifies the categories of chiefs that are recognized and capable of being registered in the National Register of Chiefs. These include:
The Asantehene and Paramount Chiefs
Divisional Chiefs
Sub-divisional Chiefs
Adikrofo
Any other chiefs formally recognized by the National House of Chiefs
The Act also clarifies key terms, including “deposition” (destoolment), “divisional chief,” “judicial committee,” and “regional house,” as well as the role of the Minister responsible for Chieftaincy and Culture.
Court’s Findings on the Mrantehene Title
According to the judgment, the Mrantehene title does not fall into any of the recognized categories of chiefs outlined above. To be considered a chief, the titleholder must demonstrate:
- They hail from the appropriate royal lineage entitled to hold that stool or skin.
- They have been validly nominated, elected, or selected under customary law.
- They have been formally recognized and entered in the National Register of Chiefs by the National House of Chiefs.
In the matter before the court, the applicant failed to meet these criteria. The court emphasized that a Mrantehene is typically an honorary title conferred by a paramount or divisional chief on a prominent member of the community. Its purpose is often to honor individuals for their contributions or to encourage support for community development.
“The Mrantehene therefore is only a honorary title bestowed by a chief on a prominent person of the community to assist in the development of that community,” the judgment stated.
Why Honorary Titles Cannot Be Registered
The court also cited Section 59 of the Chieftaincy Act and legal commentary from respected jurist S.A. Brobbey. In The Law of Chieftaincy in Ghana (p. 85), Brobbey states:
“Honorary chiefs cannot be registered or gazetted since they are not chiefs within the meaning of Article 277 of the 1992 Constitution or Section 57 of Act 759.”
This reinforces the view that titles such as Mrantehene do not carry statutory authority or recognition beyond the customary respect accorded within a particular community. They cannot be listed in the National Register of Chiefs and do not attract the same constitutional protections or obligations as recognized chieftaincy positions.
