For unto us a Holiday is born,
Unto us a day is given;
And this day is the 7th day of January.
And the name will be called;
Constitution Day.
As Ghana commemorates a year after the birth of Constitution Day on 7th January 2019, “We the People” are invited to reflect on the constitutional journey of the country we dearly love and cherish. It is fair to submit that this day, while christened a year ago, has been commemorated in diverse ways under different holidays notably; the now Kwame Nkrumah Memorial Day (formerly Founder’s Day) observed on the 21st of September, Founder's Day now observed on the 4th of August and Independence Day observed on the 6th of March, all celebrated annually. A brief exposition of the historic Constitutional journey of Ghana helps put the commemoration into a proper perspective.
Ghana as the first sub-Saharan African country to gain independence from British colonial rule on 6th March 1957 had the Independence Act of 1957 enacted through the Ghana (Constitution) Order in Council 1957 serving as her first albeit Monarchical Constitution. Ghana had a Governor-General representing the Queen of England as the Head of State and Dr. Kwame Nkrumah as Prime Minister.
In 1960, the 1957 Ghana Independence Act was repealed and this gave way to Ghana’s declaration as a sovereign Unitary Republic under article 4(1) of the succeeding Constitution of the Republic of Ghana, 1960. This Constitution fashioned the First Republic of Ghana with Dr. Kwame Nkrumah becoming her First President responsible to the people.
Yet, this Constitution gave the President extensive powers subsequently leading to the passing of the notorious Preventive Detention Act (1958) and the making of Ghana a One-Party State. This legislature afforded Dr. Kwame Nkrumah and the ruling party, the Convention Peoples Party (CPP), an opportunity to rule the young Republic indefinitely. The grey areas of the Constitution, 1960 was exploited by the organs of the incumbent government against the People, particularly the ruling in the infamous Re Akoto case.
In that case, the plaintiffs who were detained under the Preventive Detention Act (1958) appeared to have been denied justice when inter alia, Article 13 (1) of the Constitution, 1960 was construed to impose only a moral obligation upon the President. To wit, the proviso did not constitute a bill of rights and consequently imposed no legal obligations enforceable in a court of law. This controversial ruling arguably contributed to the entrenchment of the fundamental human rights in the ensuing constitutions.
Propelled by the desire to seek the welfare of the People, the 1960 Constitution was overthrown by the National Liberation Council (NLC) on 24 February 1966 in a coup d'etat ousting all elected officials including Dr. Kwame Nkrumah. This established the First Military Government in the constitutional history of Ghana.
In 1969, Ghana assumed its Second Republican status under the 1969 Constitution which elected the Busia Administration operating a Parliamentary system of government. Dissatisfied with government’s inability to cater for the welfare of the People, on 13th of January, 1972 the 1969 Constitution was abrogated in a military coup d’etat by the National Redemption Council and subsequently the Supreme Military Council I and II until a group of junior officers established the Armed Forces Revolutionary Council (AFRC) led by Jerry John Rawlings and seized power on 4th June, 1979 through a coup.
In 1979, the AFRC handed power over to the civilians under the Third Republican Constitution of 1979 which established a Presidential system of government. Dr. Hilla Limann was elected president. On 31st December 1981, another coup d’etat led again by Flt. Lt. Jerry John Rawlings, formed the government of the Provisional National Defence Council (PNDC) which ruled till the present Constitution, 1992 came into force on 7th January 1993 ushering Ghana into the Fourth Republic.
A careful study of the constitutional history of Ghana advances the assertion that arguably, the reason for the turbulence and military involvement was driven in part by an innocent desire to seek the welfare of the People of Ghana. However, as power corrupts and absolute power corrupts absolutely, the aftermath of what began as worthy causes were severely marred.
“We the People” of Ghana yielded power to the Constitution to establish governments and systems that seek our welfare and realize our goal. The phrase, “We the People…” as captured in the Preamble of the 1992 Constitution of Ghana is as well captured in the Preambles of the Constitution of countries including the United States, South Africa, Kenya, Japan, Afghanistan, Albania, Liberia, Swaziland, Argentina, Myanmar, Zambia, Benin, Philippines, Cambodia, Russia, Seychelles, Cuba, Egypt, Nigeria, Zimbabwe, Sudan, Estonia, Fiji, South Sudan, and Gambia.
The welfare of “We the People” must supersede any other interest of the government. The protection and furtherance of the object of “We the People” must come first and yet Ghana can boast, if ever, of a handful of feats in that regard. The Constitution, although, “We the People” consented to be governed by must not be used as a tool to undermine the welfare of the People who gave it life.
As we merry, make and bread, break, in commemoration of this rather useful day, let us call our own attention as a People to the object of the Constitution as spelt out in the Preamble and remember that the phrase “We the People…” is not a mere Constitutional catchphrase but a sacred charge to keep! A charge that the welfare of “We the People” remain the foremost concern of successive governments.
Let this day be nothing but a day of sober reflection; from whence we cometh as a People and wither if ever, we are drifting as a nation.
K. Atsu Dogbey
TDL
