21 SOCIO-POLITICAL RELEVANCE OF CHIEFSHIPX IN CONTEMPORARY GHANA A«K« Quarcoo xx It is pertinent that a sociological conference concerned at this time with the institutional challenges of contemporary Ghana should elect to consider the subject of chieftaincy. Chiefship of course, is by no means restricted to Ghana but the type of chiefship which I have elsewhere referred to as the__skin become peculiar to the country. It is a system of government which has grown around the use of stool or skin as a symbol of office* We suggest it is a socio-political organization in which the government is essentially of the people, 2 by the people for the people. Democracy and balance of forces appear to be significant features of the stool polity type of government. It has not been static but dynamic. Nonetheless it appears it has been a drag in a way, to political advancement at different times in Ghanaian history. Basically, however, the history of chiefship indicates that it has proved to be a tried socio-political institution^ which as far as records show^ continues to be seriously linked with the total life and culture• JTirst delivered at a Sociological Conference in Kumasi, March 19?5» xx Senior Piesearch Fellow, I.A-'»S., University of Ghana, Legon. 1. See Quarcoo, 19?3: The Stool Polity - a kind of Political • Organization IX Internation Conference on Anthropological and Ethnological Sciences, Chicago. 2» That is, democracy as defined by the famous American President, Abraham Lincoln* 22 Significantly, ever since the. attainment of independence from colonial rule in 195^» the place and significance of chief"" ship has always been a topical subject. There is a lot of literture on the constitution of chiefship. All serious documents on chiefship outline the place of the chief in the political structure* Busia has pointed out that chiefship tend to be based largely on lineage system and this continues to be so. Each lineage in Ashanti polity he studied v/as essentially a political unit and its head represented that lineage on^ the council which is governing body* A chief is nominated, j3lecte_d and initifjbed into a stool office and' then becomes at once a ,-judici_al_ o_f_fiper, a commander~in""chief, the legislative, jejcecutive and administrative^ jiead of his people. In parts of the Northern and Upper Regions, the chief is initiated into a skin office since the skin is the equiva"* lent of the stool in these regions* The leader so installed was bound by custom to act only with the assent and on the advice of his elders. A chief who resorted to arbitrary acts, disobedience to the elders or disrespect for the constitution of the stool, v/as destooled. The chief spoke normally in public through linquists and the lin-quists in turn should relate what their chiefs say in court in appropriate language to the people. Chiefs must not speak uncouth language, as they are basically regarded as the first among their people and also- links between the dead and the living. Even now, the chief continues in a large measure to be the hub of unity for separate lineages,—villages and sub-divisions. The ideals embodied in the political and social dimensions are basically the same today. The form of political organisation which we are calling chieftaincy required that the person regarded as the most suitable for the position at any particular time should be invited, persuaded or .coerced to take the office. The grave responsibilities attached to the office made some• people shy away from it. A few, however, in the past as it is the ..- ,»f lobbied or even bought their way to it or engaged in ^longed litigations to get the office. chief and some .limits on legitimized authority ,. Zons ti tut iottally, lominated and elected chief is ritually installed into office-* Grand public ceremonies, which include, . taking of the oath of office complete the investiture* A chief duly . installed becomes the leader and 'grandfather' of the people. .If the chief abused his privilege and ceased to command.the respect of his people, he was removed from office but not J2^J he must be impeached and he must in fact be proved-guilty before he could be.rejected* The essence of the stool or skin constitution, is that the chief is. under the law and not above it. ,-H.e is a leader and not an overlord* ' ,-• . -. There are a'number of examples in past and. contemporary history of Ghana when chiefs suffered or do suffer destoolment when1they disregarded the advice of their eiders or behaved in unseemly manner* Gluttony, drunkeness, taking the .law into one's own hands, and dis- crimination against.citizens in the realm on the basis of their origins are among the serious- offences which demand the removal of the chief from office* Kofi Karikari I8?«.f and Osei Bonsu 1800 were-destooled. Kofi Karikari did not give-his elders enough respect and arbitrarily removed gold from,the Bantama mausoleum without permission. Osei. Kwarae clashed with some' of-his'constituent chiefs .when he embarked.on his centralization policy, without approbal* Chiefs Kwabena Boagye of Asumegya. Kwame Braku and" Kwasi Ten were destobled'for-excessive, .drunkenness* Kwase Asotfiane of Bekwai suffered destoolment for being a "'glutton'- while Kwarae Asona was destooled for dealing in charms and noxious medicines* In Juabeng, Akuamoa Panin was removed from office for his abusive tongue and persistent dis- obedience of his elders* The chief of Kokofu, Osei law, suffered destoolment for being addicted to disclosing the origins of his subjects* Note that putting people at a disadvantage because of their social origin was abhorred even- in old Asante which had many people of varying statuses in the extended realm. Tribalism per se has therefore been always abhorred in Akan Ghana* The same is, to a largo extent, true of all Ghana• 24 In the past, the chief was the recognized supreme judicic military, political and sometimes religious or ritual authority within the confines.of his geographical boundaries. On the whole the election and the processes of making chiefs involved the parti""1 cipation of the whole society* He sat upon the stool or skin of the ancestors and assumed the social personality of. the royal ancestors* He was therefore accorded reverence as their successor and he performed sacrifices on fcehalf of the living. His 'judicial' functions included the restoration of broken relations occurring from religious as well as social offences* He was regarded as 'sacred' and had supreme prestige although he had constitutional checks and balances on how he. used his authority. He was not to be a despot for he had to govern with the aid of his councillors who consisted of elected heads of lineages who made up the different divisions in the society* This provision made each member of the council a direct representative on the council on the basis of kinship* On formal assumption of political authority over his people, it was the duty of a chief and his council to maintain peaceful relationships within a given community and make war on aggressors or even neighbours who, in the opinion of the community .must, advantageously, be attracted or attached to it» Chiefs were guardians of the laws and customs" of'their people* In this exercise some past Ghanaicm chiefs came against some of the earlier converts to other religions Iik#:;Sh£istianit;? ^-and •lilara. The chief was ubiquitous in the life of the people, but the colonial rule steadily affected and spelt out areas where they could not operate* The effect was that there was, as might be expected, disarray in •several departments of the ethos of chiefship. 25 The chief 'today' The first vital change that came With the colonial rule is that it took most of the legal and political sovereignty of the chief in council* Chiefs, of course, continue today to be made through the processes of nomination, election and installa"" tion« The "kin qualification also continues to combine kinship with the principle of popular election* However, a complex of factors, namely,- the loss of sovereign power, the effect of the long history of nationalist movements, and the economic power of the chiefs 'which has continued to decline give us a different portrait of the Ghanaian chief of today* A chief today, therefore, is nominated and elected by his people in accordance with customary usage and- so acquiree legiti- mized authority within a specified area to perform functions derived from tradition. .To he able to exercise his functions as required by custom he must be gazetted by the central government. He is neither a military nor necessarily, a spiritual leader, and his judicial functions are also circumscribed. He,can arbitrate but the two people :or factions must normally agree to have the arbitration in his court before he could actt as the arbitrator* Indeed this provision is-valid even in towns and Tillages whose population are fairly homogeneous» experience however shows that even now, many people find it advisable and convenient to submit to the 'courts' of the chiefs* In the stool polity, are grades of stools and stool offices with graded political competences. Only higher grades of chiefs need to be gazetted by government. Others are recognized through the apex of chiefs of the country. In this regard the lower chiefs rather operate under the former powers of the stool polity constitution* Until today, a typical traditional council may have an apex chief usually called a paramount chief• Under him may be divisional chiefs who are often chiefs of districts. Divisional chiefs also usually have village; chiefs under them* Occasionally, a paramount chief may have some Tillage chiefs directly under him. .The reason for any particular arrangement which does not conform to the orthodox pattern is often historical* The hieracfay of stool is an index to the hierarchy of •: •. , stool offices and political power in the realm* Right from the. Tillage level each chief has a council of elders with whom he administers the village, town or division* A citizen can move a case from one court to another at his own will, by swearing the oath of the court to which he desires to go* There is also an arrangement whereby one could appeal, to a higher court* One should have good reasons to attempt to move" one's ease from a lower court to a higher one, since penalties at higher courts tend to be severer than those at lower courts* Although these .arrangements do still exist, British rule essentially took away most of the legal and.political sovereignty of the chief in council and subsequent changeG have continued.to persist in. contemporary Ghana* As we have observed earlier on. a chief may be elected by a people, but the central government should gazette this chief to 'consummate' installation. We observe .that factors that have helped to undermine the authority and effectiveness of the institution of chiefship, are complex* Chiefship since the colonial era has tended to be an arm of the central government* Indeed, it has been suggested that the concept of indirect rule had as its objective, progressive adaptation of the Institution to modern conditions. Modern conditions, probably refer to government as envisaged by the colonial administration* Historically, it is known that there were many instances when the colonial regime that was established paradoxically often supported the chiefs against their people* This phenomenon rather weakened the position of the chief. Records show that after the laa Asantewaa war I nw to 'u % c m n, , • „ N -..-I I, ... •-• 3 c t. d t.. ' ' ^ " ' . . l Ur ."--V-H 1 a i f l r , -, a g a i n st I -, >4; | 1 ,1: vi .,..'• I.JCV. H i - i s. . -n >i i - i i - -J / I VJ . ;f( o l i .U to i hr c.-nvt iif t ui t "i -N -1 - Ji u'1 . f un ",'iho-z ' X - pn 4 r -it < on f t4 • ,•* 1 i >i.",t ! '.^ ;. • nk " t t 'M • M-{M- '^ JC^ .•.- ' >f i be ti <• t if y .111 t \ 3! • i c ' v1' ! a u i nr iu u t ct < nf • l; *s _ \ i ' J e \t L h ;t t i 'f h i - t - vy op .-i At I B I' rK », ul i o f i r i c j by i - vr h.-> T. J P T i i x nt if ^ t c r .p in iigonr. In 1*-T.>, t ' t - ' u C 'i l i u r a o. r t ; " ' . " "3, ' T IU ^(. .' ii r ,1lX'?« ' support for ik ev J i v v ri <\ r or s^*3i-Li •1» 'J.o a r-i of rucl id o". t bv jj Uu* Ol trt ;.» 'k;i in u. . TbiiU • » 1.0f<, tj, ! v "I- :ii - o. vti\, Ttk It , - . _, s , , £ ,, 11 25 T - P u 1^^' r> t v • f - i 1 . v ;v-> - j, * . \ - t. of r ] \ \ . cv ' . • ]' i-1' ', !•(.-"'! •-'"f l ei -, L ••** r cn L i- p.I''tifv-vL Li: f-^rv • E>), .'- ri '•» •'.'." r ^t o1.^;-] ir ."• . • '- "" 'i.'i cMy ' irrnf-h • I " f r it ir il'iCh *. co^-lc s h it i- ••(•(•"•. i! I ' v- j->t-,~."' ,- , if - r., ' i u n r r i i1". like 'rfucfi in t; i \ t . r lo a no. tu I*-*, u -ii' i < • " cr tt Ir. the li rt of i,i r l" y-,; ! > > l a tc n > i r., t- ii i -•. • I. u ~ Ly ^ r f f i 'i '1 r ji *•", j,- > I , , « I . - , . U > I .I i >t " " > t •> ,1 c A p f rx , 1» '~"1 .-if f > ~y ' f t; i t o *» '" pir.c'i'.' oJ- -i.lv ac !.-H •'t--- a *• ; > ' u t r . ,' -t . ! !• •• t if P >? . t 1,, -i < UK n* ccr^i v t e nc . r i:o n r . ' .! u .'>. ^" t 'i • ."erer.t ..-t.-r.lr. • Pattern -f tho Jtr»ol c o r p o r a" i Til *; K L ' . . ,.• • "• '-.t-x-xe .u •• 'i.n^::ii3.i' . • \~ rn structure.t; !'.•>'« ' . "t0^', -.' •.•lic!>, rtoo ir. In the stool polity system of government therefore, there definite political competences and obligations, and delegated respon" sibilities« Constitutionally, no stool officer has absolute power* The wing .chiefs are checks, and at the same time important ancilliary agents in the government at every level* The pattern of the stool polity of Asante Union was one in which the 'state chiefs* becaifc wing chiefs of'the whole union .government. This pattern is what has been described as concentric circles of political, power* The.Jatodl Polity and Develo-oreent National development which was the theme of the 19'?ti Ghana Sociologi™ cal.Conference tcay be-taken for the purposes of this paper to mean advance* merit to a guided goal, for example^ of obtaining the things .which aret in contemporary timesT generally regarded as desirable landmarks and styles of life prevalent in the so—called developed countries* In, the case of Ghana, we may list items of progress to include an •• extensive exploitation and use of our natural resources and the develop" went of agriculture inclu " "..rig animal husbandry* Apart from these, national development rnoy ino!---"- -mch conditions as mutual respectability^ plenty for all, stability, peace and predictability in national political orga*~ nization» National deveO opront, it would seem, cotu 1 iheier ,T> *, n'..liy seem to know what they mean when they talk about it* Ihf-'"'1 i. • ?,n,e ;-i i.tiicn we may think of progress in. terras of evolution* Ori N.. i\ \,>j±ci i ^o,\<^d>;6 as progress from folk or iural existence is not necessarily, r, r?j ti w agree, development* Development we suggest must involve the ,«ih ,n > r \ • culture» With the imposition of colonial government came a new type of political education. Among its salient ideas was that of "territorial units" which needed cooperation, between aggregate native authorities for the? purpose of providing social services• This in'effect fostered a new conception of government. The spirit of giving grants to native authorities towards development projects, and the establishment of treasuries was encouraged* Native authorities made grants for public education, sanitary and general, public services^ Government made provision for a centralized native administration to cater for services. Thus the seeds of getting an organization to cater centrally tor public services were deliberately sown although in Ashanti for example, that kind of centralization brought its own problems, especially as regards the relationship between the Confederacy Council and the regional or constituent state-Bt In the main, however, the principles enunciated for example tl'irough the style of indirect rule largely enforced or adopted the customary practices of indigenous political institutions which existed before the colonial experience» The chief's financial resources in modern Ghana. In the past the chief was financed in every aspect of his private and public responsibilities by the people and from the resources of his realm. He was entitled, by virtue of his stool office, to complete dependence on his community or state for every- thing. Most l8th or 19th century Ghanaian chiefs of the centralized political communities were therefore fairly 'affluent'. That position began to change long before the end of the colonial era in iy5?» A chief continued to inherit the 'spirit1 and social personality of his predecessor but his personality can BO longer be said to merge with his office in every way* 31 How the chief may have some property which he may call his own apart from the property of the stool* He does not, in fact, receive tributes and gifts from his subjects as .of the past* His entitlements to certain parts of game hunted within the confines of his jurisdiction are no longer seriously regarded* As a result of the curtailment of these advantages of office, a .chief is unable to be a beneficiary of his realm as required by custom. Chiefs may'not levy taxes without approval from the central government and taxes levied must"be accounted for strictly* Most chiefs receive stipends approved by the central government* The effects on the maintenance of the supporting institutions of the .stool office are obvious. As a result of that state of financing their respectability and social standing, as the first among their people, have suffered* The stool polity type of government required that a chief should keep the peace within his realm and jealously guard the boundaries of his territory as well as defend his people against external aggression* The maintenance of political order entailed operations in other spheres of the social organization* The chief was the care of unity, the grandfather of his people and the epitome of the culture* In.the context of•the present national state of Ghana, the chief is still likely to be useful in fostering unity* This may seem paradoxical since it has been the case that some contemporary politicians have used or tried to use the institution to bring about segmentation of the country. Hence some argue that the institution appears to be predisposed to sectarianism* As we have noted earlier on, it is on record that some occupants of stools in the past as well as nowf sometimes either became drags on progress or betrayers of the trust imposed in them* 32 In spite of these social facts, successive governments before and after independence in 195*7 continue to -feel that the institution* is indispensable in the overall-political and social administration of-'the country* Indeed, contemporary Ghana is rural in many places and the stool polity appears to have been most effective in such places. Even at a time in the recent past when the judicial powers of chiefs were rigidly curtailed, rural folk preferred and continued to'seek arbitration from chiefs. For various torts and even crimes, •' the arbitration of chiefs was preferred to litigation in law courts which, among other things, are sometimes considered remote. We have indicated that sociologically the overall political influence of chiefs has changed and their financial resources,are not only limited but in some cases not guaranteed* It is a fact that both casual as well as serious observers have questioned the wisdom of retaining contemporary chiefs. People have- wondered- why "< candidates even continue to agree or litigate for the office of chiefship at all* "It would seem reasonable to expect that, under normal circumstances, it should be difficult to get incumbents for vacant stool offices in contemporary Ghana* This is not so* Very affluent and respectable individuals-are making themselves available for'most of these offices that become vacant* In some cases candidates get involved in protracted litigations for the * places* The future of personnel' for stool offices seem to be ...:' assured and the quality of such personnel in terms of education :• also promises to be high. V/e will have to examine- the factors promoting this trend of affairs carefully to see what is'happening* However, we observe that not only are most villages and towns anxious to have educated chiefs to meet the. demands of contemporary conditions, but that a number of enlightened.people think the stool polity type of government has something to offer the present and future of Ghana. ' The evidence; ef thia coftter.t~L n I.KJ Vie seen in a numb«r of thiRr^f? they do in the pvlitic?.! ,aV eecial reconstruction of the nation raid st ,tw of Ghan:.* A.raonr ther-e i:: tb:. c a ll to chiefs to help strenrn~line custvmary laws* tc mako them t r u ly aBeimiln" table into the ^enerril law:? <-f thr country. The body of customary laws of Ghana ie of c~>urr-c already recognised ac part of the law of the country but the d i v e r s i t i es in the laws on very similar or identical issues make- it nocorsrxv for seme revision.': to bo done. iicsidec, some of the usa^en afc obsolsto and ill"T>uited to modern conditions and life» Helcronce has only tf- be wads to the various A'x 19?1 went v j.on^ w^y to specify the ?rr?>nttomont of sections* ?h^i-f '•••r to b< -) .ia+icnnl House of Chiefn with five chiefn from uvory rsij'i'va of Uhrji\, elected frcm chiefs of tht, regions* Article 13:1. of tin Cow>txtuticii ueioforred en it specific functions but it WHS ale:-, &i,itci that lh<. (louse would be required to deliberate on m.-. t rhh*ff\ ;Kich w* not vory <. ifferent .Frnn Provincial Council of i-hie^r "1" the pact* House of Or.i,-f8 could L^ ccnT>._iJ*C''i with fliy ri i t s e l f, Part VI, Btcol Property ""Part VIJ, ;'-u •> ternary Liv, P-irt VT11 'loalt with who fr;s not renre.-e^t ~ 34 Is a chief and categories of chiefs, enstoolrnent and destool™ merit of chiefs. The current decree of the. N*R-»C. government has accepted the main principles of the Act 3^0 of 19?1 which it has revised* As a matter of fact the whole of social development is to be one of the foremost concerns of the institution of chiefship* Hence the traditional ways and means of socialization like festivals, periodic calls back home, and specific organization of projects to improve the conditions of the people, towns and villages, are to be exploited by chiefs* Fortunately experience has proved that the traditional rulers would be useful in preserv ing the desirable aspects of 'a distinctive Ghanaian culture* At this point it may be useful to mention some of the efforts the government itself is making to examine the challenges of con- temporary Ghana in the sphere of culture* Rightly, it has been felt, we suggest, that the challenges to Ghanaian culture require dis- passionate and scientific study of the institutions like marriage and -family inheritance -and chieftaincy. The study of chieftaincy exposes us to the study of all those institutions listed before it. The national concern to embark on the project of studying this has already been concretely demonstrated by governments preceding the N*R»C« However, there has been a formal launching of it by the N.R.C. government* As far back as 19fo0f even the late Kwame Nlcrumah, who at a point during the struggle for independence felt that the chiefs - were obstructing the way and that they should be dispensed with, seemed to have disabused his mind of this and favoured the guaranteeing of 'the place of chiefs in the 1st Republican Consti~ tution* ,. haV'-- \i-.cii tr-~i*i, 4'c r, vii.ni. '•'>-. i r -f -.tutiori of c h i e f t a i n cy and .1 r< -t "ar ;o I:, cori r-n'por-i 7 Ghana* Although we did not i.no". . n K i ' Hi • i ts tr ami 1 Iraw a t t e n t i on to the checks ithnro'^t in it" ml v. "irt-.Tu t.i1,/' !: i ts derao<-" t ic ^ r i n c i t lc ~« Th> supronie I'ove", H»I E- v. ';c -(1» and they "cul<' r ° i c ct n c l . j t * 1" v'5'e'.i ho o t \ - -. td !o i t i lc i j- ->>*e;>r\u-jic< ' T t '1 t h' 3 ' - ' /p r - i' h h c; p n o p lt who 1 et*5 "* jmi-r^ .1 h i" to-'\r» I'IC u^rri-i*1 -jit ? l ei \ fen;*! t _r-u. rn changes in ^ht* pov/ci*s of the- <•; .L 1 nut Hud o t" M<> o« r .r»u,!'i:' .^i^i'^v-.i ^ e ' -(, n r e n ts or m i l i t a ry councils I d;fii. i'c - fc t i m e s. E\ridence shows t h nt ^ ' v ^ r w i i t 'i th >t ill' iu 3t t t u t i ou ti" «..'( J •! , t^.-K'i indenciL *rr..'e o»' ih^na ^'c- ••11 f e lt , ' •- .Lv f »vit 'on) iwK -- tv> j loi-i^'l .. ih« p o l i U c al ar.d p o o i al aumini^tiTtti " o>' •Hv> •••tm'try* r?i> before in t h e ir own ways, th<=> fiovcrm* v hr hiv«* "ou -hi th r •^r^tolun^ c, t«. - u.n- ^tt-« in ., | v>l>/ d.i •>}•' i" do this b ut they -call tb,- 'J-ice of the i n s t i t u t i on upon oti.-'v li'iey in :n tit'-iiv-r ;«• •».*1 1 L» i'1 ; task of r e c o n s t r u c t i o n. Tho mnst -vci •"•4* Ho\»» > jpinf I ii- > tle reiT> ,vi.a,J ion of H o u s es of. Chief s and nsti,ip-il "• v ? r ca j-i or<\-i?cri ,i t.% ^, . U H. t-tn '•r^ditional customs and u s a g es of ttu- v'v-ivntt'/ a^ ,i ^h'^v* • • This down, to earth attitude to study the basic indigenous institutions of the country dispassionately seem to be a step in the direction which we may call scientific* The results, we -hop.e, should be revealing and useful.in forging future governments which may be better based on the soil of culture. Culture of course ir dynamic and obviously cognizance would haire to be taken of thai in the study* This means it would be necessary for us to be pain.-i in our researches in order to J >>\d'~ tti< 'i-t-JL and resilient at ny of the culture* Our final ohs'ep« •*: i-.n ' ^ H. ,t it is not unlikely that something fruitful may evolve from the study which is currently being done on chiefship* If this proves to be so, we would hope, that the institution would be put to greater and better use in the social development of the country* REFERENCES ALICOL THOMAS; 1951 The evolution of Gold Coast Chiefship* The Sheffield Telegraph and Star Ltdf Kemley House, Sheffield. ARHIN KWAME No»2 of Ghana. Today, Information Services Department Ghana* BUSIA, K.A. : 19C DANQUAH, J.B-. 1928 Position of the Chief in Modern Political System in Ashanti» International African Institute^ Oxford University Press* Akan Laws and Customs and the Abuakwa Constitution, London Kentledge and Kegan Paul* KYEREMATEN,A.A.Y 19&L The Panoply of Ghana* Longman Green and Co. Ltd., fl-3 Grosvenor Street, London ¥•!. QtJAHCOOy A.K* 1972 RATTRAY.. R.S. 1923 1927 SARBAH, J.M. • 1897 The Stool Polity — a kind of political organization IX International Conference on Anthropological and Ethnological Sciences. Chicago, Moutcn Press* The Ash an tlf Oxford University Press. Religion and Art in Ashanti, Clarendon Press, Oxford. Fanti Customary Laws *~ a brief to the principles of-Native Laws and • Customs of the-Fanti and Akan d i s t r i c ts of the Gold Coast with a report on. some cases thereon decided in the Law 'Counts. Frank Cass and Co. Ltdr'1968. introduction 37 SEKIXf W.E.G.-: Comparison cf English and Gold Coast Allan relating to Absolute rights of individuals, Archives, Cape Coast Ghana* SMITH, M.G. 1956 Segmentary Lineage systems, J.I.R. LXXVI ' (1956) Part 2, pp.5^-55, "*67»