but less than the regional
governors of the Oyo Empire.
In addition to handling the
region’s administrative and
economic matters, the obirem-
pon also acted as the
Supreme Judge of the region,
presiding over court cases.
Legal system
The Ashanti state, in effect,
was a theocracy. It invokes
religious, rather than secu-
lar-legal postulates. What the
modern state views as crimes,
Ashanti view practically as
sins. Antisocial acts disrespect
the ancestors, and are only
secondarily harmful to the
community. If the chief or
King fails to punish such acts,
he invokes the anger of the
ancestors and the gods, and
is therefore in danger of im-
peachment. The penalty for
some crimes (sins) is death, but
this is seldom imposed; a more
common penalty is banish-
ment or imprisonment. The
King typically exacts or com-
mutes all capital cases. These
commuted sentences by King
and chiefs sometimes occur
by ransom or bribe; they are
regulated in such a way that
they should not be mistaken
for fines, but are considered
as revenue to the state, which
for the most part welcomes
quarrels and litigation. Com-
mutations tend to be far more
frequent than executions.
Ashanti are repulsed by mur-
der, and suicide is considered
66 | Colossium . December 2018
murder. They decapitate
those who commit suicide,
the conventional punishment
for murder. The suicide thus
had contempt for the court,
for only the King may kill an
Ashanti. In a murder trial,
intent must be established. If
the homicide is accidental, the
murderer pays compensation
to the lineage of the deceased.
The insane cannot be execut-
ed because of the absence of
responsible intent - except for
murder or cursing the King; in
the case of cursing the king,
drunkenness is a valid defense.
Capital crimes include mur-
der, incest within the female
or male line, and intercourse
with a menstruating woman,
rape of a married woman, and
adultery with any of the wives
of a chief or the King. Assaults
or insults of a chief or the
court or the King also carried
capital punishment. Cursing
the King, calling down powers
to harm the King, is considered
an unspeakable act and carries
the weight of death. One who
invokes another to commit
such an act must pay a heavy
indemnity. Practitioners of
harmful (evil) forms of sor-
cery and witchcraft receive
death but not by decapitation,
for their blood must not be
shed. They receive execution
by strangling, burning, or
drowning. Ordinarily, fami-
lies or lineages settle disputes
between individuals. Never-
theless, such disputes can be
brought to trial before a chief
by uttering the taboo oath of
a chief or the King. In the end,
the King’s Court is the sentenc-
ing court, for only the King can
order the death penalty. Before
the Council of Elders and the
King’s Court, the litigants orate
comprehensively. Anyone
present can cross-examine the
defendant or the accuser, and
if the proceedings do not lead
to a verdict, a special witness
is called to provide addition-
al testimony. If there is only
one witness, their sworn oath
assures the truth is told. More-
over, that he favors or is hostile
to either litigant is unthink-
able. Cases with no witness,
like sorcery or adultery are
settled by ordeals, like drink-
ing poison. Ancestor Vener-
ation establishes the Ashanti
moral system, and it provides
the principal foundation for
governmental sanctions. The
link between mother and child
centers the entire network,
which includes ancestors and
fellow men as well. Its judicial
system emphasizes the Ashan-
ti conception of rectitude and
good behavior, which favors
harmony among the peo-
ple. The rules were made by
Nyame (Supreme God) and the
ancestors, and one must be-
have accordingly.