This essay will trace the key stages of Ghana's constitutional development, from its origins in the colonial period to the adoption of the 1992 Constitution. It will discuss the major constitutional documents and events that marked this evolution, and explain how these historical experiences have shaped the structure and principles of Ghana’s current constitutional framework.
The journey towards Ghana's current constitutional order began under British colonial rule. An early, yet significant, moment was the signing of the Bond of 1844, which formalised British jurisdiction over the coastal states of the Gold Coast. However, the first major step towards self-governance was the Gold Coast (Legislative Council) Order in Council 1946, commonly known as the Burns Constitution. This was a landmark document because, for the first time in colonial Africa, it provided for an elected African majority in the Legislative Council. This reform catalysed nationalist movements, leading to further constitutional advancements. The 1951 Constitution, which followed the recommendations of the Coussey Committee, created a Legislative Assembly with a significant number of elected members and introduced a cabinet system of government, with Dr. Kwame Nkrumah becoming the Leader of Government Business. This was swiftly followed by the 1954 Constitution, which granted the colony full internal self-governance, paving the way for the Ghana (Constitution) Order in Council 1957. This was the independence constitution, which established Ghana as a sovereign state within the Commonwealth, based on a Westminster parliamentary model with the Queen as head of state, represented by a Governor-General.
Following independence, a significant shift occurred with the adoption of the 1960 Constitution, which established the First Republic. This constitution transformed Ghana from a constitutional monarchy into a republic with an executive President. Dr. Nkrumah became the first President, and the new framework concentrated considerable power in the executive branch. Article 55 of the 1960 Constitution granted the President special powers, which, when combined with legislation like the Preventive Detention Act 1958, created a system with limited checks on executive authority. The judiciary's role in safeguarding individual liberty was tested in the landmark case of Re Akoto and 7 Others [1961] 2 GLR 523 (SC). Here, the Supreme Court refused to review the President’s powers of preventive detention, holding that the declaration of fundamental rights in the constitution was a moral guide rather than a legally enforceable set of rules. This period of one-party rule and executive dominance ended with a military coup in 1966.
The overthrow of the First Republic initiated a volatile period of alternating between democratic and military rule, with each new constitution attempting to correct the flaws of its predecessor. The 1969 Constitution, which ushered in the Second Republic, was designed as a direct response to the authoritarianism of the Nkrumah regime. It sought to limit presidential powers, enhance parliamentary oversight, and create a genuinely independent judiciary. However, this constitutional order was short-lived, being overthrown by a military coup in 1972. After another period of military government, the 1979 Constitution established the Third Republic. This constitution drew heavily from the 1969 document, providing for a separation of powers and a list of fundamental human rights. Despite these provisions, it also proved fragile and was terminated by the military coup of 31st December 1981, led by Flt. Lt. Jerry John Rawlings.
The long period of military rule under Rawlings' Provisional National Defence Council (PNDC) eventually gave way to a democratic transition, culminating in the drafting and adoption of the 1992 Constitution. This document, which established the current Fourth Republic, is the most enduring in Ghana’s history. It was informed by the nation’s entire constitutional journey, especially the failures of past republics and the abuses of military dictatorships. The 1992 Constitution institutes a hybrid presidential system but includes robust checks and balances. Its core principles reflect a clear desire to prevent the re-emergence of authoritarianism. For instance, Chapter 5 provides an extensive and entrenched Bill of Rights, which is fully justiciable. Article 1(2) establishes the supremacy of the constitution, and Article 2 grants the Supreme Court the power of judicial review to strike down any law or action that is inconsistent with it. The judiciary’s revitalised power was demonstrated in cases like New Patriotic Party v Attorney-General (31st December Case) [1993-94] 2 GLR 35, where the Supreme Court held that a public holiday celebrating a military coup was unconstitutional. This represented a clear departure from the judicial passivity seen in Re Akoto. Furthermore, Article 3 explicitly proscribes any attempt to suspend or overthrow the constitution, making it a treasonable offence.
In conclusion, Ghana's constitutional evolution is a story of reaction and adaptation. The colonial-era constitutions incrementally ceded power, while post-independence experiments swung between strong executive rule and attempts to constrain it. The instability caused by multiple military coups and the experience of authoritarianism under the First Republic were profound historical lessons. These developments directly shaped the 1992 Constitution, which is fundamentally a framework for democratic stability, prioritising the rule of law, human rights, and a system of separated powers designed to hold government accountable.
References
- Gyandoh, S.O. and Griffiths, J. (1972) A Sourcebook of the Constitutional Law of Ghana. Faculty of Law, University of Ghana.
- Prempeh, H.K. (2006) 'The "Executive-Legislature" Relationship Under the 1992 Constitution: A Critical Review', CDD-Ghana Critical Perspectives, No. 23.
- Constitution of the Republic of Ghana, 1992.
- Constitution of the Republic of Ghana, 1979.
- Constitution of the Republic of Ghana, 1969.
- Constitution of the Republic of Ghana, 1960.
- Ghana (Constitution) Order in Council, 1957, SI 1957/277.
- New Patriotic Party v Attorney-General (31st December Case) [1993-94] 2 GLR 35.
- Preventive Detention Act, 1958.
- Re Akoto and 7 Others [1961] 2 GLR 523 (SC).
