The chieftaincy institution in Ghana is a statuatorily regulated system that structures and regulates the activity of local chieftains (or monarchs) in the Ghanaian society and state.
In pre-colonial times, leadership was the axis of executive, legislative and judicial powers. Since the colonial era, the institution has been linked to Ghanaian politics. Several governments – the colonial, civilian, or military – have attempted, in one way or another, to influence the role of chiefs in political affairs. The legislation that underpins the chieftaincy institution in Ghana currently is itself Ghana’s constitution (chapter 270-277) and the chieftaincy act of 2008.
The institution of chieftaincy, together with its traditional councils as established by customary law and usage, is hereby guaranteed.
Article 277 of the 1992 Constitution of Ghana defines 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 queen mother in accordance with the relevant customary law and usage.
The 1992 constitution, like all previous constitutions, guarantees the institution of chieftaincy together with its traditional councils as established by customary law and usage. To preserve their role as symbols of national unity, however, chiefs are forbidden from active participation in party politics. A person shall not be qualified as a chief if he has been convicted for high treason, treason, high crime or for an offence involving the security of the State, fraud, dishonesty or moral turpitude. In southern Ghana, women are included in nearly all paramount chieftaincies as “Queen mothers.” These women, who are not necessarily the mothers of the chiefs, have the right to nominate, even impeach, chiefs. Queen mothers advise chiefs and also act as moral leaders of the community.