The Asantehene, Otumfuo Osei Tutu II, has urged Ghanaian business leaders to resort to mediation rather than legal battles, saying it offers wisdom that the law alone cannot provide.
He said excessive dependence on litigation could be costly, slow and adversarial.
The Asantehene said mediation was not outdated, but part of the modern way of governance.
Otumfuo Osei Tutu was addressing business executives, captains of industry, business owners, public sector professional, among others, at the maiden University of Professional Studies, Accra’s (UPSA) “Ghana Business Leaders Conclave” at the university’s premises in Accra last Friday.
It brought together about 100 executives in the business space from insurance to manufacturing for a deep and frank conversation to chart a common path.
Dubbed, “A Time With Otumfuo Osei Tutu II, Asantehene”, the conclave is designed to be the flagship thought leadership programme of the Otumfuo Centre for Traditional Leadership (OCTL), UPSA.
Last Friday’s conclave was on the theme: “Leading With Integrity: Negotiation, Mediation and Ethical Governance for Business Sustainability”.
Beyond contracts and profits
Otumfuo Osei Tutu stated that businesses were not merely about contracts and profits rather they were about relations and trust that were invested in stakeholders and boards that sat together to make things work.
“When those relationships breakdown, litigation alone cannot work.
The court may pronounce judgment, but that does not always restore trust.
“A company may win in a legal case and still lose its social licence to operate.
A community may lose in court but still resist a project.
A worker may lose a labour dispute and remain resentful,” the Asantehene told the gathering in a keynote address ahead of the frank conversations which were held in-camera on the same day.
Linking the traditional way of resolving conflicts to modern businesses, Otumfuo, clad in a rich royal kente, accompanied by a large retinue of kinsmen, said it was time to re-examine how disputes were resolved in governing institutions to pursue wealth and ensure that prosperity did not destroy the very society that made it possible.
Otumfuo Osei Tutu said long before modern courts came into being, commercial arbitration, corporate bodies and written institutions, African societies had developed careful systems of resolving conflicts.
He said in traditional communities, disputes were not treated simply as bigger quarrels between individuals, but were seen as disturbances to the communities, moral and social order.
“It was not merely to decide who has won or lost, but to restore harmony, dignity, health relationships and secure the future,” he revealed.
The Asantehene said mediation was rooted in listening, during which each party was heard and the case examined.
“Even when guiit is established, the aim is often not to humiliate but to heal,” he said.
In a frank presentation, Otumfuo reckoned that businesses naturally pursued profit without which they could not honour their legal obligations, including paying taxes, meet employee’s emoluments and provide support for the society.
However, the Asantehene cautioned that profit without integrity amounted to exploitation.
“Profit without fairness becomes oppression, efficiency without conscience becomes cruelty and wealth without responsibility becomes danger,” he said.
Otumfuo Osei Tutu said corporate leaders must, therefore, balance profitability with integrity, fairness with social responsibility.
The Asantehene said it was time for the corporate world to pursue transparency by paying workers fairly, be honest in their tax obligations, avoid deceit of customers, consult communities and respect the environment.
He said businesses must shift from only satisfying shareholders to embracing workers’ interest, their host communities and ensuring that future generations were treated with respect.
“Ethical failure can destroy commercial success. Ethics is, therefore, the foundation on which success is built.
“Leadership is not always about commanding, but about patiently listening to all sides to arrive at the truth,” Otumfuo Osei Tutu stated.
