CONSTITUTIONAL LAW AND HISTORY(GROUP 6) FL/LLB/21/0015 FL/LLB/21/0045 FL/LLB/21/0094 FL/LLB/21/0109 FL/LLB/21/0103 FL/LLB/21/0069 FL/LLB/21/0047 FL/LLB/21/0082 FL/LLB/21/0136 CONSTITUTIONAL EVOLUTION THE REPUBLIC OF GHANA LIES MIDWAY ALONG THE GUINEA COAST SURROUNDED BY FORMER FRENCH TERRITORIES, THE ATLANTIC OCEAN, THE IVORY COAST REPUBLIC ,THE VOLTAIC REPUBLIC (FORMERLY KNOWN AS THE UPPER VOLTA) AND 9TH REPUBLIC OF TOGO. THE TERRITORIES OF GHANA CONSISTS OF THOSE FORMERLY COMPRISED IN THE GOLD COAST COLONY,ASHANTI,THE NORTHERN TERRITORIES AND THE TOGOLAND UNDER THE BRITISH TRUSTEESHIP. THE NAME GHANA WAS ADOPTED AFTER INDEPENDENCE ON 6TH MARCH 1957,AND BECAME A REPUBLIC WITHIN THE COMMON WEALTH ON 1ST JULY 1960 THIS SLIDES SEEKS TO DISCUSS THE HISTORICAL EVOLUTION OF GHANA’S CONSTITUTION OR LEGAL SYSTEM FROM AS FAR BACK AS WHEN IT WAS A BRITISH SETTLEMENT THOUGH IT’S A COLONY AND THE REST THAT CAME WITH IT. IT IS CRUCIAL TO NOTE THAT THE BRITISH WERE PARTICULAR ABOUT SETTLEMENTS ON THE COAST BECAUSE IT WAS THEIR MAIN MEANS OF TRANSPORTATION. BRITISH RULE The Gold Coast colony was politically Part of Sierra Leone and was ruled by the governor of Sierra Leone appointed by the British monarch. Coming into force of the west African Act, The Gold Coast was Ruled by a committee of the merchant. Sir Charles McCarthy, became the first governor of the gold coast but was short-lived because He died in the battle of Nsawankow in 1831 fought between the British and the Asantes. In 1843 the Gold Coast was returned to the committee of merchants in London , after the British Act was passed in that same year which gave unfettered power to the queen of England to make laws for all the colonies. The Foreign Jurisdiction Act, 1843 was formed. In 1844 the order of council act was made which abolish human sacrifice and barbaric customs as well as regulating the British settlement. BOND OF 1844 The bond of 1844 was signed by commander Hill an 8 fanti chiefs who came from Assin,Denkyira,Abura,Anomabo and Cape Coast. The bond was signed at Fomena Adanse allowing the British to use judicial authority from African court. This laid the legal foundation for Subsequent colonization of the Coastal area The main reason for the bond was to promote peaceful trading and also to protect the Fantes From the Ashantis. THE LEGISLATIVE AND EXECUTIVE COUNCIL The legislative council was made up of the governor and two other person. The council had the power to make all such laws , institutions and ordinances as may from time to time maybe necessary for the administration of the subjects within the Gold Coast. Subject to rules and regulation made by an order in council and the right to the queen to disallow such ordinances. the governor presides over the legislative and had veto power to assent to any ordinance which was not in accordance with an act of parliament or equity. The executive Council was made up of the governor the judicial assessor and collector of customs. The executive council was made to assist the governor in administration of the fort and settlement. In 1850 the royal charter was issued by the crown to make gold independent of Sierra Leone. In 1853, the Supreme court was established for the forts and settlements to be presided over by the chief justice and had both criminal and civil jurisdiction. 1874 to 1901 In 1874 the treaty of fomena was formed led by Sir Garnett Wolseley. The Ashanti empire was defeated in the Sagrenti war. A new executive and legislative council was formed to legislate for the protectorate. The supreme court ordinance of 1876 was established to expand the jurisdiction of the British court. The ordinance became the basic frame work for the development of the legal system in the gold coast. Appeal from the gold coast were sent to the privy council in England. The supreme court ordinance was made up of statue of general application which was applicable in England , the common law , and the doctrine of equity. Town council ordinance of 1894. In 1901, three orders in council were made under which the crown annexed Asante and the territories to the south not then part of the Gold Coast colony and also declared a protectorate over the northern territories. The Clifford constitution of 1916. In 1912 Sir Hugh Clifford was appointed governor of the gold coast colony. The membership of the legislative council under the Clifford constitution was increased from 9 to 22. Paramount chiefs were included for the first time to represent the major ethnic groups in the gold coast. The legislative council was made up of official and unofficial members. In 1926, provincial councils were established in the colony and a new constitution was formed. Guggisberg constitution of 1925. This constitution gave the colony elected representation for the first time. The legislative council consisted of the Governor, together with 14 official(divided into ex officio members )and 15 unofficial members. The unofficial members were made up of elected members of the Eastern Provincial Council, the Central Provincial council,Western Provincial Council, Municipal members elected by the voters of Accra, Cape Coast,and sekondi, European Chanber of Commerce and also three Europeans nominated by the Governor. The provincial Council was established by section 15 of the 1925 order of council. The new administration ordinance was formed in 1927 to protect the office of chieftaincy by rendering it an offence to undermine the authority of a chief. It removed the Governor’s power to depose a chief for misconduct and the provisions as to recognition of , installation and destoolment was modified. In 1935, the administration of the Gold Coast colony was unified under the Gold Coast ordinances order in council of 1934 In 1928, the West African Court of Appeal was established. THE BURNS CONSTITUTION OF 1946. Alan Burns was appointed as Governor in the year 1941 after the Second World War The elected members under the Burns constitution was increased from 11 to 18 and the ex officio was reduced from 13 to 6. For the first time Africans were appointed into the Executive Council In 1942 both Sir Ofori Afrah and K.A. Korsah was appointed unofficial members of the Executive council. The elective members could not enact any laws against the wish of the Governor. Legislative powers still remained in the crown. The unofficial members of the legislative council comprised of 9 provincial members from eastern and western,4 from the Asante Confederacy, 5 Municipal members of whom two where elected from Accra and 1 from Cape Coast, Sekondi – Takoradi and Kumasi. Out of the six official members,3 were Africans making a total of 21 members out of 30 The executive council was made up of 11 members 3 Africans and 8 Europeans. In the year 1947, the first Nationalist movement that was formed was called Gold Coast Convention Movement (UGCC) The Watson commission was formed to identify the causes of the 1948 disturbances. The recommendations of the Watson commission were considered by the Coussey Committee which was made up of 40 prominent Gold Coast Africans under the Chairmanship of justice Coussey. 1951 The 1951 Constitution established structured constitutional provisions to all territories including Gold Coast. The executive council reconstituted and the legislative council replaced with the Legislative assembly. Executive council: The principal instrument in policy making is the executive council. The Governorwas to act according to the advice of the council. The council was made up of president and some ministers. Legislative assembly: It consist of Speaker, 3 ex officio ministers, 3 representativeof chamber of commerce, 3 chamber of mines and 75 elected members. 1954 he constitution repeatedome featutos of 1951 and first in gold introduce the Judiciary and Finance and other changes. Executive council: the Governor ceased to be member of cabinet.It consists of not less than 8 ministers. Legislative assembly: the speaker and 104 members Judiciary: the chief justice and two other judges, attorney general and chairman of public commission. Thank You
