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Changes in Ghana Law Since The Military Take-Over1
Published online by Cambridge University Press: 28 July 2009
Extract
On Thursday, February 24th, 1966, there was a military takeover of the Government of Ghana by the Ghana Army. Before the coup, Ghana was a sovereign unitary republic under a one-party régime. The President and the National Assembly made up the Parliament of the Republic. All Cabinet and other Ministers, except the President, were members of the National Assembly. Ministers were appointed by, responsible to and dismissible by the President. The President had veto powers over any Bills passed by the National Assembly and could in any case dissolve the Assembly in the event of a disagreement with the latter. The Chief Justice and other judges were appointed and dismissible by the President. From the above it is easy to see that the President constituted and dominated the Executive, the Legislature and the Judiciary of the country. What we propose to do here is to spotlight such constitutional and other changes in the law of Ghana as there have been since the coup d'état.
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- Copyright © School of Oriental and African Studies 1966
References
2 See Parts III and IV of the suspended Republican Constitution, 1960. Article 55 of the Constitution gave the first President special legislative powers.
3 Sections 44 and 45 of the Constitution as amended by Act 224, s. 6 (The Constitution Amendment Act 1964). See also s. 12 of the Interpretation Act 1960 (C.A. 4), where power to appoint anyone to an office includes power to remove him.
4 Made on February 28, 1966, but was deemed to have come into force on February 24, 1966.
page 107 note 1 As references to sections in the Decrees are called “paragraphs” in the Decrees themselves we prefer to keep to the latter term in our discussion.
page 107 note 2 N.L.C.D. in future references.
page 107 note 3 As amended by N.L.C.D. 1.
page 107 note 4 Para. 3 (2).
page 107 note 5 Para. 3 (3).
page 107 note 6 Para. 5.
page 107 note 7 Para. 8 of the Proclamation.
page 107 note 8 No indication has yet been given of any special powers of the Chairman of the N.L.C. such as the ex-President had while in office. It is possible, however, that the Chairman may have a casting vote in the N.L.C. deliberations, since the membership is eight. The proceedings of the Council are secret, which makes the question merely speculative.
page 108 note 1 Para. 3 (1) of the Proclamation.
page 108 note 2 Section 54 (1).
page 108 note 3 Section 54 (3).
page 108 note 4 See also the Judicial Service Act 1960, s. 7 (2) (C.A. 10).
page 108 note 5 Act 224, s. 6.
page 108 note 6 N.L.C.D. No. 39.
page 109 note 1 Para. 1, N.L.C.D. 39. It is anomalous, however, that the Chief Justice is to be appointed on the advice of the Judicial Service Commission of which he is the Chairman.
page 109 note 2 Para. 1 (5).
page 109 note 3 But a Chief Justice on removal from Chief Justiceship is still a judge until removed as such. The situation might, however, be covered by s. 12 of the Interpretation Act 1960.
page 109 note 4 Para. 1 (5).
page 109 note 5 The decree has thus repealed (a) s. 12 A of the Principal Act; (b) the Judicial Service (Amendment) Act 1964; and (c) s. 2 of the Judicial Service (Amendment) Act 1965.
page 110 note 1 Act No. 17.
page 110 note 2 Civil Appeal No. 42/1961.
page 110 note 3 Ghana Daily Graphic, Friday, April 29, criticizing Decree No. 37.
page 110 note 4 See also Decrees Nos. 34 (ex-Political Detainees Organization, dissolution of); 15 (Dissolution of Ghana Moslem Council and National Council of Ghana Women); and 23 (Forfeiture of Assets) Decree.
page 111 note 1 Press Release No. 122/66.
page 111 note 2 N.L.C. (Legal Committee) (Appointment) Decree, 1966, No. 38.
page 111 note 3 N.L.C. (Police Service Act 1965) (Amendment) Decree, 1966, No. 16.
page 111 note 4 N.L.C. (Economic Committee) (Appointment) Decree, 1966, No. 4.