CONSTITUTIONAL LAW FOR LLB- EVOLUTION OF CONSTITUTION OF GHANA- ( Part 1)

. Pre-Colonial Constitutional Structures
Before European colonization, the area now called Ghana comprised various kingdoms and chiefdoms with distinct customs, governance practices, and legal traditions. Despite the diversity, certain general characteristics emerged:

Leadership and Councils

Chiefs or Kings (monarchs) exercised executive power, assisted by councils of elders.
These elders provided advisory support and could influence the monarch’s decisions.
Legislative-Like Processes

Traditional “rules” and customary norms were often formed through consultation among family heads, elders, and the chief.
Judiciary Functions

Chiefs acted as judges but usually sat with a council who served as “assessors.”
Together, they could impose punishments for breaches of custom or other offenses.
Security and Enforcement

Groups such as the Asafo (traditional warriors) or the Ahenfie-police enforced the chief’s directives and maintained order.
Spiritual and Physical Realms

Governance intertwined with spiritual beliefs; traditional leaders often derived part of their authority from spiritual sanction.
The community could remove (destool) a chief if he lost legitimacy.
Selection of Leaders

Queen Mothers and other significant figures influenced leadership selection, ensuring a system of checks and balances within the traditional framework.
Although these systems varied across ethnic groups, their collective features provided a strong indigenous base for governance, complete with executive, consultative, judicial, and even “legislative” functions.

2. Evolution of the Statehood of Ghana
From “Gold Coast” to “Ghana”
The region was known as the “Gold Coast” under British rule.
Independence was declared on 6 March 1957, and the new nation adopted the name “Ghana.”
Ghana became a republic on 1 July 1960, severing the final constitutional ties to Britain.
Early Colonial Incorporations
In the mid-19th century, British Acts, such as the British Settlements Act 1843 and the Foreign Jurisdictions Act 1843, laid the groundwork for administering territories around forts and castles on the coast.1
Through the Bond of 1844, certain Fanti Chiefs acknowledged British judicial authority and committed to abolishing practices deemed “barbarous.”2
Territorial Expansions
Over time, Britain expanded the “Colony” from the coastal forts into the Ashanti Protectorate and the Northern Territories.
Between 1866 and 1874, the Gold Coast was governed alongside Sierra Leone, Lagos, and the Gambia as part of the British West African Settlements. Eventually, the Gold Coast Colony was reorganized, culminating in the 1874 Charter, which clarified governance structures.
3. Key Constitutional Epochs (Pre-Independence)
Ghana’s constitutional development is marked by a series of instruments, each modifying governance and gradually incorporating more local (native) representation. Notable milestones include:

Bond of 1844

Formalized British judicial influence along the coast.
Chiefs agreed to curtail certain customary practices.
Royal Charter of 1850

Severed the Gold Coast from the administration of Sierra Leone.
Established separate Legislative and Executive Councils under a Governor.
Constitution of 1866

Reversed the 1850 arrangement by reuniting the Gold Coast with other British West African settlements.
Abolished the Supreme Court in favor of “Civil and Criminal Justice Courts.”
Constitution of 1874

Re-separated the Gold Coast from Lagos and granted it its own governor, Legislative, and Executive Councils (similar to 1850).
Constitution of 1901

Defined, more precisely, the geographical boundaries of the Gold Coast Colony.
Incorporated Ashanti and other territories into the Colony.
Clifford Constitution of 1916

Expanded the Legislative Council to include unofficial members, including three Chiefs and two educated elites (intelligentsia).
Retained strong gubernatorial veto powers.
Guggisberg Constitution of 1925

Further increased the size of the Legislative Council.
Created Provincial Councils that indirectly elected local representatives.
Paved the way for modern Houses of Chiefs.
Burns Constitution of 1946

Extended legislative powers to Ashanti.
Increased the number of elected members in the Legislative Council, placing natives in the majority for the first time.
Maintained key gubernatorial “reserved powers,” including control over financial appropriations (akin to modern budgetary restrictions).
1951 Constitution & Amendments