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Opinions of Tuesday, 23 June 2009

Columnist: Harvey, Nathan

This Subtle And Gradual Abuse Of The Authority Of The Amanhene of Asante

This subtle and gradual abuse of the authority of the Amanhene of Asante, ought to countered and quickly nipped in the bud, lest the already diminished right of rule and influence of the authentic foundational Amanhene of Asante, esp. those of the Amantuo Num over their own areas of jurisdiction, suffers a fatal non-recoverable blow.

One of the core principles underpinning the Asante Confederacy, especially between the core Asante foundational states of Kumasi, Juaben, Mampong, Asumegya, Aduaben(now subsumed into the Kumasi state…itself, an aberration) and in time, Kumawu, Nsuta, Bekwai is the principle of non-interference in the internal affairs of one another’s state, or the right of rule of the Amanhene of the these states over their people. For the constitutional arrangements of Asante, makes explicitly clear(and was firmly made clear, in the conditions for the acceptance of the re-creation of the Asante Confederacy in 1935 by the palatine states of Mampong and Juaben especially) the supremacy of the Amanhene, especially those of the Amantuo Num, in their spheres of jurisdiction…..however as is outlined below, this right is once more, being overlooked or being abused surreptitiously(akin to the illegal interferences of Osei Kwame/Kwadu Yiadom in Mampon affairs, Osei Yaw Akoto in Dwaben affairs etc).

It is for this reason, that’s why, an Asantehene (the term is used in relation to the Office, position or debea and not in reference to any Personality who has occupied/occupies the office) cannot on his own volition visit any other part of Asante, under the jurisdiction of these other Amanhene, without a prior customary notification.( This may not apply to the Amanhene, who owe their creation to the customary prerogative of the Asantehene). akraseblogspot

No where in the Asante Constitution, is it authorised for an intrusion into the internal affairs of the component states, especially in cases to do with the installation, enstoolment and destoolment of chiefs/sub-chiefs who serve the Paramounts of those states, especially that of the Amantuo Num. To enstool, destool, elevate, or any other punitive action taken against any Chief/sub-chief or individual in that state, is the prerogative of that Paramount or individuals immediate family, kingmakers and Oman final!

Conversely, the other Aman states of Asante, do not interfere in the internal affairs of the Kumasi State.

Of late however, it appears once more, the Kumasi state isn’t content to faithfully observe these age-old foundational principles guiding relationships b/n the various Aman of Asante, especially those of the core foundational states, who exist in a state of a brotherly co-operation, and not a subservience, as is now being made the case, it appears, usually, under the guise of Asanteman, Asanteman. Asante always proceeds on the wrong and often a downward trajectory, when such foundational tenets of rulership are not observed. Historical instances of this abound.

Recently, it was Mampong which suffered such unwarranted interference in its domestic matters. This had to do with the Effiduase (Afigyase) and Jamasi (Gyamase) chieftaincy enstoolment/destoolment cases. In that instance, even before constitutionally and properly, the Mampong Traditional Council had had a chance to conclude its sovereign rights of judicial processes in those matters, such cases were swept from underneath it, to Kumasi, in a gross abuse of the sovereign rights of the Mampong State. No wonder the Mamponhene, greatly peeved at such action had to issue a stern warning to those of his Chiefs fond of facilitating such premature transference of cases--- by virtue of the instrument of Ntamkesie—to Kumasi, threatening them of severe consequences, should they repeat such behaviour. In times gone by, such treacherous chiefs, will have paid the ultimate price for such gross abuse of the sovereign prerogatives of their Oman. In Nana Asafo Agyei’s time, two Senior Divisional Chiefs of Juaben, paid such a price for acting with treachery towards their Oman. I.e reporting developments in the Oman, to an external, without the due concurrence of their direct and legitimate Overlord and Oman at large.

Following on, it seems some persons whom the Mampong Traditional Council had initially found unsuitable to occupy the Chiefly offices of Afigyase and Gyamase (stand for correction on this one) were imposed upon those stools of Mampon State by Kumasi. How come? It seems for now; the Mamponhene/Mampon State has allowed this gross abuse of his rightful prerogatives to rest. However, I doubt if should an opportunity arise, he’ll fail to address this challenge to his authority within his own realm of jurisdiction.

A similar situation is now beginning to crop up in my own State of Juaben…another of the core pillars of Asanteman, indeed, a State for which if at all there is an Asanteman at all, to it, in a large measure, is owed much gratitude, if one has a sense of objectivity, isn’t fond of manipulation of historical facts and being of a truthful disposition.

In Juaben, the Divisional Chief of Juaso, has misbehaved, a majority of his own sub-chiefs have laid charges against him in front of his superior, Nana Juabenhene. After a lengthy judicial inquiry by the Judicial Committee of Juaben State, he has been found guilty and accordingly with the consent of his own sub-chiefs he has been destooled. Since then, various other appeals to the Asantehene, Nana Opoku Ware II, now deceased (note the difference here: The case had been rightly concluded and ruled on by the Juaben Traditional Council before he the ex-Juasohene, Owusu Akyaw lodged a claim to the Appellant Court of the Asantehene/Asanteman…..not when, the case was still under the due consideration of the Juabenman Council). Not being successful there, he’s gone on further to the National House of Chiefs, other courts in the land and finally he claims to have lodged an appeal at the Supreme Court. All in all, most of these courts have found against him, upholding the decision of the Juaben Oman Council.

Similarly, as if on cue, his counterpart in Konongo, has also misguidedly, imitated the wrongful conduct of Juaso fellow chief, towards their Overlord, and Juabenman at large. Following on, for about/over 10yrs or so, he has been barred from attending any assemblies of Asanteman/Juabenman by Nana Juabenhene. After being given a lengthy period to change character and render a due customary apology, for which he has so far remained intransigent, the necessary punitive procedures, which may cost him his stool in the long run, have been initiated at the Judicial Committee of his Oman or State of which Konongo forms a part at Juaben. The matter is still being deliberated upon….it hasn’t come to an exhaustion.

As such, it is with much surprise, that I’ve read somewhere, that the Juabenhene is now being asked to bring these two cases to Kumasi, or ostensibly, for Asanteman to deliberate upon. Since when, has such been the practice? An Oman for that matter, and Amantuo Num Oman, has not exhausted the necessary judicial enquiries to do with its own internal affairs, yet it is being asked to bring such a matter for the consideration of an external authority.

Such undue, uncustomary interferences in the internal affairs the principal aman of Asante must be checked. Lest of an aberration, becomes a norm.

The institution of the Ntamkesie of Asante, by which instrument, cases are transferred to Kumasi, for consideration by Asanteman in general has suffered much gross abuse, to the detriment of the various component Aman of Asante, the Amantuo Num in particular. Often, such abuses have monetary underpinnings attached.

When Asanteman came about, after the Denkyera War and even the acceptance of the Golden Stool as the ultimate authority of Asanteman, in King Osei Tutu’s I time, there was no such thing as a national oath of Asante. Everyone of the Principals of Asumegya, Kumawu, Juaben, Mampong, Aduaben etc had their own respective oaths. Juaben for instance, had its own Ntamkesie, distinct from that of the Asantehene, which in the correct customary manner, is the Ntamkesie Mmiensa.

Aware very much of the potential debilitating effect the acceptance of a national oath, can have upon their own rights of rulership, influence, treasuries and exercise of judicial authority over their own spheres of influence, i.e their own Aman, the acceptance of the Ntamkesie of Opoku Ware I, as the ultimate Oath of authority, was made, subject to certain conditions, checks and balances. The failure to observe such due processes in the exercise of the Ntamkesie, rendered it null and void, of no consequence as far as these Rulers of these principal Asante aman were concerned. Indeed, they jealously guarded their sovereign rights. Instances where the Ntamkesie could be exercised were strictly limited in their spheres of influence. Yet today, what do we see? Ntamkesie is sworn left and right on any trivial issue…often, the malcontents have the intent of calling into question, the Omanhene’s authority over his own people and Oman in a spiteful manner.

Whereas, in the past, an Ntamkesie on a case--- in which any of the Rulers of the Amantuo Num, have looked into, passed judgement---will be sworn, most reservedly, today, it isn’t so. Over any trivial issue, an Ntamkesie will be sworn. Even worse, these days, most of the other Asante Aman, have forgotten the Great Oaths of their own bonafide Rulers or Amanhene. (Let me make it emphatically clear, if you are from say, Mampong, Bekwai, Kumawu, Juaben or anywhere within these Aman, you are in first and foremost, a Mampon, a Juaben, a Bekwai, a Kumawu and your primary allegiance is to your State and Ruler. Following on, then you become Asante. Accordingly, whilst being for the overall oneness and unity of Asante as a whole, it beholds on such, to uphold one’s oman firstly in all aspects of human endeavour, i.e rulership, native laws, customary laws etc before anything else. A person from say, Kwabre, can go to the Asantehene directly, for he is direct Superior, but you say, from Mampong, Bekwai, Kumawu, Juaben and elsewhere other than Kumasi State properly, cannot, because, without the concurrence of your direct head, who may be the Paramount Ruler of your state. This distinction, for which it appears, many an Asante, have become ignorant of, must be reinforced and made clear. No wonder the development of the other states of Asanteman is so stunted these days.)

Coming back to the matter at hand, correctly and in keeping with the constitutional procedures of Asanteman, it is only after an Oman has exhausted its legitimate judicial processes, that one may---even then, it ought to be done with due care and not friviously---make an appeal to the National Court of Asante by virtue of the swearing of the Ntamkesie. As the case is these days, Ntamkesie nowadays, have become a means of hovering up revenue for the enjoyment of the Kumasi division alone to the detriment of the other Aman of Asante, a means of diminishing the rightful and legitimate authority of the Amanhene of Asante, especially the Amantuo Nnum, a means of humiliation of some of our Great Chiefs etc.

Time was, when one realised the full import of what it was meant to be a Juabenhene, a Mamponghene, a Bekwaihene, a Kumawuhene, an Nsutahene etc. Time was when these Great Chiefs of the Realm, countered any unwarranted interferences in the internal affairs of their divisions, interferences which run contrary to the laid down and accepted laws of governance of and relations b/n the principal Aman of Asante.

It is about time these Principals of Asante, re-asserted themselves, lest, they become peripheries of minial consequence, worse so, even in the conception of their own, over whom they exercise a direct rulership. Your rights have already and are still being grossly abused. Today, Great Rulers of Asante Aman such as Juaben, Mampong, Kumawu, Bekwai, Aduaben walk on the soil of Kumasi, at important celebrations of Asanteman, instead of being rightly borne aloft for instance. Twea!!!! Nananom Adaakwa Yiadom, Okyerefuo….Boahene Anantuo, Tweneboa Kodua nom abre agu kwa!

Asante unlike other Akan Aman, say, is a Confederacy of States, in a brotherly co-operation. This subtle attempt, to turn it into one of subservience (greatly aided by the ignorance of some of these present day chiefs as regards their prerogatives), all the more heightened in this era (since the restoration of the Confederacy in 1935) ought to be halted, and with swiftness.

All should take heed. The fact that, we are all for the health and continued wellbeing of Asanteman in general, should not be taken to mean, our prerogatives, can be wilfully done away by the centre. Asante is a Confederacy of a voluntary association, bound by well crafted laws, laid down procedures which serves to uphold the dignity, sovereignty within their own realms, of the constituent aman, their Rulers, their unique institutions, customs and laws and crucially, of the relations between the Constituent Aman, especially, that of the 5 core, foundational states.

Anything crafty, surreptitious attempts to infringe upon these rights by whomever (esp. those greedy overfattened Kumasi Chiefs, who give a wrongful counsel, with an eye upon always furthering their sphere of influence) should be checked.