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Chiefs and the Law in Ghana

Published online by Cambridge University Press:  28 July 2009

Extract

On 24th February, 1966, with the overthrow of Kwame Nkrumah and his régime by the Armed Forces with the cooperation of the Police Service of Ghana, Ghana entered a new phase in her national development. By a Proclamation of 22nd February, 1966, the new military régime (the National Liberation Council [N.L.C.]) suspended the Constitution and its subsequent amendments, dissolved the National Assembly and banned the Convention People's Party, i.e., the former ruling party. It also confirmed the tenure of judicial and other public offices; and, until changes were made, the courts and existing laws were to continue in existence.2 The N.L.C. was declared to be the government of Ghana, pending the promulgation of a new Constitution and the formation of a new government under such Constitution,3 with full power to legislate by Decree.4

Type
Research Article
Copyright
Copyright © School of Oriental and African Studies 1969

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References

2 Proclamation for the Constitution of the N.L.C, a6th February, 1966.

3 Ibid.

4 N.L.C. (Proclamation) (Amendment) Decree, 1966, para. 3.

5 Wade, H. W. R. (ed), Annual Survey of Commonwealth law, 1966, p. 63.

6 Act 81.

7 N.L.C.D. 112.

8 Ibid., para. 6.

page 58 note 1 N.L.C.D. 112, para. 2.

page 58 note 2 N.L.C.D. 112, para. 1(2).

page 58 note 3 N.L.C.D. 112, para. 4: “… shall, if he is alive at the commencement of this Decree, be deemed, with effect from the commencement of this Decree, to be restored stool… and to have been recognised as chief…” [Italics mine. A.K. M.-B.]

page 58 note 4 Italics mine.

page 58 note 5 C.A.4., s.18(1), (2).

page 59 note 2 See, e.g. Busia, K. A., The position of chiefs in the modem political system of Ashanti, London, 1951;Google ScholarField, M., Akim Kotoku: an Oman of the Gold Coast, London, 1948;Google ScholarForde, D. and Kaberry, P. M. (eds.), West African kingdoms in the nineteenth century, London, 1967;Google ScholarGoody, J., The ethnology of the Northern Territories of the Gold Coast, West of the Volta, London, 1954;Google Scholar, Hailey (Lord), Native administration in British African Territories: Part III, London, 1951, Ch. 8;Google ScholarRattray, R. S., Ashanti law and constitution, London, 1956;Google ScholarSarbah, J. M., Fanti national constitution, London, 1906.Google Scholar

page 59 note 1 The proposals of the Constitutional Commission for a Constitution for Ghana, Accra, 1968, p. 143, para. 522.Google Scholar

page 59 note 3 N.L.C.D. 112, para. 2.

page 59 note 4 See the Regions of Ghana Act, 1960.

page 59 note 5 The Brong-Ahafo Region Act, 1959, as amended by s. 5 of the Regions of Ghana Act, 1960.

page 59 note 6 Commission of Enquiry (Brong-Ahafo Lands and Traditional Affairs) Instrument, 1967 [E.I. 110].

page 60 note 1 Commission of Enquiry (Brong-Ahafo Lands and Traditional Affairs) (Amendment) Instrument, 1968 [E.I. 2] (Italics mine).

page 60 note 2 E.I. 110—Commission of Enquiry (Brong-Ahafo Lands and Traditional Affairs) Instrument, 1967. See s. 3 (a) (iii), where the Commissioners are asked to enquire” as to traditional allegiance, whether the local chiefs owe allegiance to anybody outside the Region and, if so, what are their rights, privileges and duties arising from such allegiance …”

page 61 note 1 Both Decrees were promulgated on the same day, viz., 11 th October, 1968. Section 2(1) of the Law Reform Commission Decree is strikingly similar to the (English) Law Commissions Act, 1965, s. 3(1), where it is stated that: “It shall be the duty of each of the Commissions to take and keep under review all the law with which they are respectively concerned with a view to its systematic development and reform, including in particular the codification of such law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, the reduction of the number of separate enactments and generally the simplification and modernisation of the law.”

page 61 note 2 See Goody, J. (ed), Succession to high offices, Cambridge, 1966, pp. 10et seq.Google Scholar

page 62 note 1 Act 81.

page 62 note 2 I.e. the Chieftaincy Act, 1961, s. 1(1) (b) and (2) (b).

page 62 note 3 Constitutional proposals, p. 142, para. 521.

page 63 note 1 Constitutional proposals, p. 177, para. 646.

page 63 note 2 See Chapter XI of the Constitutional proposals.

page 63 note 3 Constitutional proposals, p. 91, para. 337.