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GHANA’S INDEPENDENCE GOLDEN JUBILEE ANNIVERSARY
 ROUNDTABLE CONFERENCES
 Theme: Reflections on Fifty Years of Ghana’s Independence:
 Interrogating the Past, Shaping the Future
 Sub theme: Rule of Law, Government and The People
 Date: 23rd-24th October 2006
 Venue: La Palm Royal Beach Hotel
 LAUNCHING CEREMONY
Chairman: His Lordship Justice George Kingsley Acquah
(Chief Justice of the Republic of Ghana)
Welcome, Opening Remarks and Introductions by
Prof. Kofi Darkwa:
We are about to start the function. We would like to start with a prayer. May I call on
Rev. Dr. A.A. Akrong.
    PRAYERS
Rev. Dr. A.A. Akrong: Please bow down your heads and let us pray.




TOPIC: THE ELECTORAL PROCESS AND THE
DEVELOPMENT OF DEMOCRATIC GOVERNANCE

Dr. Amos Anyimadu:

Thank you very much Mr. Chairman, being in this business, I myself have organized a

few of this….. I can perfectly understand the situation that I must confess that am in a

very difficult situation because I was finishing a paper on human security when I got a

call from Auntie Irene I have to come and comment on a presentation by a speaker. I said

well, comment is not too difficult so I drove straight here and immediately I got here she

said no, no the agenda has been changed, we are talking on elections and just about 5

minutes ago she stuck a piece of paper with topics in my hands, am in a very difficult
situation but I have to say am a political scientist, infact I must confess to you the only

reason why I came to Ghana for my Ph.D was to learn some history because when I was

doing my thesis I realized I have to study much more Ghanaian history and that is the

primary reason why I returned to this country and I have been stuck here since.



Am very happy to be here and especially having benefited from your session at the

OAUTTU conference centre a few days ago, and seeing the sterling performance of the

paramount chief from Tumu especially, I think I should do my best and also seeing so

many of my important mentors including Nana Kwabena Nketia here. As a matter of fact

the last paper I wrote on elections I gave a paper to Nana and he characteristically tore it

apart so am going to try remember his comments and to try to speak around that. I will

just read the topics, the points am supposed to speak to:



1. Provide a general background to the electoral processes in Ghana before and after

Independence.

2. Which institutions have been responsible for elections, referenda, and plebiscite in

Ghana.

3. Discuss the electoral processes with regards to the election of the president.

4. Comment for example on the use of the electoral college in the election of the

ceremonial President in the Second Republic.

5. Compare the electoral processes in Ghana with other places for example the U.S. and

the United Kingdom.

6. Do the electoral processes suiting our purposes and enhance the development of the
democratic culture, can there be any improvements.



Now as you can see these are very tall menu that Auntie Irene has given me and of course

I do not intend to answer or even respond to all of them, not being a historian myself I

will not try to talk about the general background to elections at all. Now as a matter of

fact just this morning, I myself I do not really study macro politics my area of research is

very much on Telemetric and human security so when people asked me to talk about big

politics I get a bit frightened. Luckily for me yester night Joy FM rang me that I was

going to speak on political parties and democracy this morning so suddenly I had to

think about macro politics and that is where am going to come from.



The point that I want to make is that we are facing a very Eurocentric challenge in how

we approach democratization in elections generally. I think the dominant frameworks for

the study of democratization are fundamentally flawed, infact I do not see that flawed, I

think that within the past five years or so at least on an academic basis a lot of these

theories on transition to democracy have been quite comprehensively rebuttal at a very

least but somehow I think there are certain laps between what happens on the academic

front and what happens for lack of better word, what happens at the activist front, what

happens in terms of the dealings of international aids establishment and so on and so

forth so that I think for instance as historians you perhaps have much better advantages in

advising us on the meaning of our present conjuncture. From the political science

perspective the dominance framework that we use in analyzing democratization is really,

this is from another view of modernization theory but it is really like a number of planes
trying to take off from an airport.



The dominant framework is something called the transition to democracy so that at least

for in Ghana for instance for the past 15 years or whatever we have been transiting to

democracy. Now I and infact, increasingly many other people I think are beginning to

see that we are actually not in a transition. We are actually in a quite stable situation. In

other words, many people accept that we are not fully democratic today, the expectation

very much is that the situation we have today is a quite temperate situation and we are

going to move from the situation to something else which people call full democracy or

the consolidation of democracy or whatever. Now what I have to suggest is that a

situation in which we are in today is a quite stable structure form so that we have to take

it very, very seriously. We are going to be stuck to the process which is neither fully

authoritarian nor fully democratic for a very, very long time. So that we should not take

our present situation as a temperate situation and always hoping that the time that they

come back and they were not and then the Executive Secretary of the United Nation

Research into Institutional Development says that one of the problems in analyzing

Africa is that we are trying to make Africa what she is not and what she cannot become

and that systematically built-in a certain Afro-pessimism because Africa is not likely to

be democratic the way in which Norway for instance, is democratic. Ghana is not going

to be democratic the way in which the United State for instance, is democratic so I want

to suggest that as historians you have a very good comparative in trying to specify the

structural differentiation of the Ghanaian social structure. What is specific from our

history and other things not necessarily Ghanaian but at least in Ghana type societies.
That is a general point from which I am coming from, now if I try to link this to some of

the points Auntie Irene has given me, one of the most important point that I find is the

issue of which institutions have been responsible for elections in Ghana.



There is a certain dichotomy in the way in which Ghanaians see elections. Outside, many

people including many professional groups see the administration of elections in Ghana

as very, very good.      I remember attending a conference at IDA i.e. International

Democratic Institute in Stockholm, Sweden and the executive director was, he literally

thought Dr. Afari Gyan was a god because for him he was such a good election

administrator and trying to flatter I do not have a details here but actual a World Bank

report, I think it was a world development report which they actually had the

administration of elections in Ghana as a boss of good practice but of course the

Ghanaians here, we turn to see our elections administration much more critically and I

think there is a historical reason for this. I think the historical specifics that we have to

look at is Nkrumah’s administration, it is a plebiscite to turn Ghana into a Republic in

1960. Now if you look at Jeff Obeng’s accounts in…………. is very, very clear one,

Nkrumah knew he was going to win anyway because he knew that the issue of turning

Ghana into a Republic was something that will never have a no return and for that reason

he was absolutely determined to ensure a very transparent election at least in terms for

the logistics in organizing elections so that from the 1960 election he noticed that the

administration of elections in Ghana turns from being organized by the Ministry of Local

Government or equivalent into a sort of a semi-autonomous entity at least. And of course

in the processes after Nkrumah with the various commissions including the Akuffo Addo
Constitutional commission, there was a very clear strategy for making the administration

of elections independence so that if you compare Ghana to the francophone countries, for

instance where even up to today most of these countries’ elections are organized d by the

executives more or less, mostly the ministry of interior something like that or other

African countries that is the East African countries where the executives are much more

involved in elections. You see that in Ghana going to Justice Kingsley Nyinah, the late

Justice Abban and even before the commissioner for 1968 Justice Azu Crabbe I think, we

have always had a quite independence trend and I think that is a structural disequilibrium,

that is a big fort in the roll, that is at least, I will say that is important historical conjecture

in 1960 makes the process irreversible so that for instance, if suddenly Ghana is to have

elections conducted by Ministry of Local Government or the Ministry of Interior that will

seem very, very strange.



I must confess I do not really remember specifically about the elections of the president

in the Second Republic. I remember the interesting thing that was Busia’s pressure on the

military commission, the three-month commission to hand over to a proper president and

that is a much more controversial issue. What I want to say is that I do not know what is

happening in the archives but before it became whatever it is now public records or

whatever, they had a project called the Records of Ghana Project or something like that

and the papers of the NLC Constitutional Commission were actually available in the

archives. Infact, I remember the record number of NLCCC something like that. I used it

long time ago and when my good friend Garret Austin came back to Ghana and referred

him to it he could trace it in the archives, it must be changed over but there is excellent
documentation of that somewhere in the archives, all the minutes of the Constitutional

Commission and the political whatever and I remember the Siriboe Committee report are

also fully documented in the archives. So that is something that can easily be cross-

checked.



Now the issue about whether our electoral processes enhanced the development of

democratic culture, I think that is in a very tall order. I mean democracy is way beyond

elections, infact our new category that has emerged in political science is something

called Illiberal Democracy. It was put together by a columnist of a News Week who also

writes a historical account, Frederick Sakari who has an Eastern background and

essentially the whole point about illiberal democracy is that elections are not enough.



You can have countries which have mastered the electoral process and still failed to be

democratic. Infact, I was part of the beginning of this whole argument that we are not in

a transition anyway, we are in a stable situation which is neither democratic nor

authoritarian.



Now the final point that I want to make isthat can there be any improvement, definitely. I

think the most important point in Ghana today is, I said on the radio today that the

modern state behaves like an ostrich. I mean we have a certain international amnesia on

many of these things. Last Sunday I was at a most remarkable event at Akropong, Nana

Ampem Darko better known as George Darko gave a musical tribute to Nana Dokua to

mark her 40th anniversary on the throne as Queenmother of Akwapim. Now, what struck
was the, the term that I want to describe the Historical Associations’ event at OAATU

whether I will use again for the traditional authorities was the co-venire authorizing of the

traditional state. We have to spend a quite a time in the palace and I also saw how the

modern state, the District Secretary and company related to the event. Now it is very

obvious that the traditional state has a degree of authority which the modern state does

not come near. It appears to me that unless we resolve this kind of shadow politics, this

kind of artificial tension between the so-called modern state and the traditional state. At

the end of the things that happen, within the modern state in their relation will be very,

very artificial. I mean, do not want to put him down but actually at the ceremony last

Sunday, somehow, let me be careful, the person who made the least impact, if I might put

it in such undiplomatic term is the District Secretary because he was there pushing very

much an official agenda but when George Darko spoke, when the M.P. spoke through a

very traditional medium, you could see that the people correlate to that in a very, very

powerful way. So that I think that we have a lot of fundamental re-thinking to do in this

our Jubilee Year. We really serious have to re-construct basic blocks of our political

structure. Thank you very much.



Mr. Chairman’s Response

Thank you Dr. Anyimadu. We will now take the second presentation and react to the two.




Mr. Chairman:
Thank you very much Madam Asafo. Ladies and gentlemen, we have listened to Dr.
Anyimado and Madam Asafo, as were advised at the beginning, they have been drafted in
at short notice nevertheless they have been actually been able to give us the important
ideas around which should focus our discussion. Am reminded by a very important point
that was made by Kwabena Sakyi decades ago about constitutions being born and not
made in the sense that they have to be located within the historical and cultural milieu. It
appears to me that one of the problems that we are having with our attempt to establish
democratic systems the way that other cultures have it, have resulted in a situation that
Dr. Anyimado has described where we think that we are in a transition but his
presentation that transition must last decades even possibly centuries. So it is about time
we actually got to appreciate that it is going to be……. For sometime so we want to make
it workable rather than kind ourself into thinking that within a couple of years or so we
will graduate to what other peoples and what society calls democratic institutions. I now
like to invite reactions, questions and submissions with respect to both presentation this
afternoon.


Nana Akuoko Sarpong’s Remarks:
Mr. Chairman I think maybe because of the way Dr. Anyimado made his presentation, the
real issues did not come out of his presentation. The fundamental issue is democracy is
culture, now what we are missing, we missed that in 1957, we missed that in 1960
Constitution; and because it is the way Nkrumah started with his championship of the
independence course. The moment he tried to alienate the fundamental institution of
chieftaincy into the system when he saw it as the institution of enemy to what they
wanted to do that is the opportunity that we missed in 1960. Later on Nkrumah tried to,
that is why he started calling himself Osagyefo and then the panoply of traditional
institution to open through parliament and so on and if you remember, he refused to
appoint or to get a vice-president and what he intended to do was that he always get a
presidential commission constitutive of traditional chiefs. He wanted to come to terms
with that but he did not come out clearly. We lost that opportunity also in 1968. That
fundamental issue we have two major parallel system of government. Unless we come to
terms to see that democracy in this country cannot grow will now take on board this huge
institution of chieftaincy which is now controlling our lives. Like it or not, of course
when a politician gets power he does not, he wants to see power indivisible but unless we
come to terms and make sure that the institution of chieftaincy is brought on board like
the way you were saying it in Akropong with that small event it will show you the
dichotomy. I see this more so before because I have been a member of the executive and
now am a retired traditional ruler so take me seriously. So you the fundamental
difference, you see that the whole system of the new creation is so decent from the people
and we have not made any attempt to make the two. The 1992 Constitution makes only
references to guarantee the institution of chieftaincy they should be represented on this,
they should be doing this and so on but it does not come to terms in actually taking the
institution on board as part of the institution of governance of this nation. So is the
bureaucracy and the political element who are controlling power when the real power lies
somewhere, Nana Nketia am sure you will bear me out, you were making that point along
something, so we are actually ostriching. Now, unless we accept that these two parallel
systems should be converged as checking part of our system, the whole concept of
democracy will be lost to us and the nation has to make a decision. If you do not make
that decision you will just be dancing around the problem and you will be thinking that
you are practicing democracy, you are really not practising democracy and it will be
eluding us for a long, long time for the rest of our lives.


Comment/Question
Mr. Chairman, political parties are supposed to be democratic institutions but in Ghana
we have witnessed a lot of weaknesses, infact, they have become rivalry institutions. I
want to know whether Dr. Anyimadu would want to suggest an institution of participatory
democracy in our parliament instead of having political parties. The other thing is the
executive, am wondering whether we need to continue with the percentage instead of
ordinary winning votes
Dr. Anyimadu’s Response
On the issue of from the way you presented participatory democracy, I have a suspicion
that, that will be beyond political parties or participatory democracy will be stronger than
democracy as we have it. Well, my point will be that we are struggling even with
democracy, logically we are going to perform even worse with strong democracy. I take
your points political parties are not democratic institutions in Ghana. As a matter of fact
the point that I was making on radio this morning is that a very fundamental failure in our
political structure right now is that the political parties are simply too big. I was very
happy when I heard a paramount chief of Tumu in your last conference criticizing the
avoidance of discrimination Act because I fully agree with him on that, the avoidance of
discrimination Act December 1957 which has actually become consensual mantra in
Ghanaian political talk. I think that is a little respect is a very deliberating Act because
what makes it is that, infact the Act which still is the background for the registration of
political parties is not only strictly enforced as you all know but because it is there and
going back to my point that when it comes to formal politics we really play the ostrich.
We pretend that we parties which have offices in ⅔ of the district and so on and so forth
so that what you have is these parties have actually become very, very big political
machines and the lines for accountability within the party is almost impossible to
examine so that I will actually will not want to move for if you want stronger democracy,
I want to move for a more cyndicalyst kind of idea where people from smaller parties can
relate and so on and so forth.


On the next point, Nana knows that I perfectly agree with him in a point of facts I have
been to his palace in Agogo at least once to learn from his deep experience. Yes, and as I
said we are not going to go anywhere in this country until we work hard in a certain more
stable arrangement between the para-governments that we have.            I think the 1992
Constitution in almost every respect took several steps backwards I mean this whole
point of our chiefs not being involved in politics. So on and so forth, it is really a
backward step undoubtedly. Having said that, the resolution on that question was not an
easy one, am here and perhaps I have to agree with Nana a bit. Chieftaincy is not
democratic, it might be legitimate but it is not democratic and in our modern political
system what we are trying to ensure is a certain form of democracy. So there is a certain
structural tension between the modern political system and the traditional political
system. Now I think that that tension can be managed more creative than we are now. In
point of fact right now as far as I can see formally we are pretending the tension does not
exist, I mean there are all sorts of day to day ways in which the politician and the
traditional authorities try to manage it but even if we get beyond that amnesia we have
appreciated that we have a very, very difficult situation. In South Africa right now the
role of traditional authorities in governance is becoming a very, very hot topic. We are
pretending that it is not an issue but when we get beyond the pretending, am suggesting
that we still have a very difficult problem to contend with. Thank you.


Nana Akuoku Sarpong”s Response
Sorry to disrupt Mr. Chairman, I know that looking at it at a distance, your description of
it as undemocratic man hold but what am saying it we have to find a way of coming to
terms with that. Unless we come to terms from it the democracy because we are run two
parallel systems and the most powerful system is on the ground. I mean relative to that
the institutions of the state, the new ones are mostly artificial and that is the point that I
am making. The point I am making is that we have to find a way of accommodating it in
one form or the other but unless we come to terms with that, am afraid the democracy,
that w are looking at it from different angles.


Nana Asiedu Boafo’s Comment
Mr. Chairman, I think Dr. Anyimadu made a categorical statement and I do not think it
should be allowed to go. He said categorically that chieftaincy is not democratic, he is a
typical representative may be before I got into it I will have been typical tool of what my
father used to call ‘Akrakyefuo’, the western educated elites, they look at western concept
and they try to define local concept in those terms. I do not know how a Japanese for
instance, will call imperial system there which has sustained a dynamic economic growth
over the past century which had made the Japanese able to manufacture aeroplanes, made
the Japanese to manufacture the first aircraft that carriers that nearly conquered the far
east from both the British and Americans. I don’t see how a Japanese can stand up one
day and say oh! The imperial system is not democratic. Now in the Ghanaian context, is
rudimentarily democratic in the sense that is an Electoral College system. If for instance
from my village in order to contest to be a chief, you must belong to a certain clan which
is equivalent roughly to being a paid up member of a political party. Like if you are not
‘Asona’ where you went Akropong, you can’t contest for Akuapem here so you must
belong to that clan in the first place and then when the times comes, the members pay
their nomination fees by going to see paying drinks money to certain power brokers like
the Queenmother, the Abusuapanyin, the Krontihene. Everyone will be taken on board
then after that when a short list is made a lot of consultation takes place before the final
selection is made and then when you are presented to the general public, the general
assembly of the town. I f the people don’t like you, the electors have to withdraw you.
First, second time, third time if you don’t still give the people the choice that they want,
they have the power to get into political party concern, the Asona, the Oyoko, Bretuo
and carry off their choice to be chief . So I am not saying it is entirely democratic in the
western sense but it is totally democratic in our culturally milieu and our environmental
milieu. Just like you have it, you have kings in Malaysia and you are not going to say if
you are Malasian you         are going to condemn it outright because or say it is not
democratic from a western European point of view because it does not allow for casting
for the ballot papers. So that is my view on the statement.


Chairman’s Response
Thank you, Nana. I think the main point is that although it is elective, it is basically
heritable, you got to belong to the appropriate clan or lineage before you even become a
candidate before election.


Nana Asiedu’s Response:
Right that is why am saying not in a western European sense but in our context and even
all the imperial context of India, Japan, China, Malaysia and even Britain, it is
democratic.


Remarks
Actually I have also participated in the things all this times and one thing comes like
Prof. Anyimado said legitimacy and authority. He made that reference to Nana’s position
about the chief may be legitimate but democracy is what exists in the United States
situation. I think what we seem to be battling actually is that we have a situation which
as people we have a situation which we see to belong to us. So in every village try
anything derogatory about the system in the village and you can really be in trouble. Say
that about the nation, state, and everybody will agree with you, toast derogatory about the
problems of the nation state and everybody in the country will agree with you that the
nation state is wrong. Those are the things that we need to start confronting as a people.
How are we going to make the nation state which was created for us, how are we going to
make ourselves belong to it and make it belong to us. I think that is an issue we need to
confront frontally otherwise all these that we are talking whether one thing is called
democracy and another thing is called legitimate or whatever, we could keep talking
about it on and on again and will not arrive at anything because we keep having the same
problem. I think that is the point I want to make.


Chairman’s Comment
Thank you very much. I think when you look at the history of Ghana after independence,
whatever one thinks about military regimes and all the rest what they share with the
elected regimes is that all of them have tried to make a nation out of the people brought
together into a state. I do not think we have actually reached a state where we can call
ourselves a nation but am sure we have gone a long way from 1957 even though people
show bickery about the position being allocated on ethnic basis and that kind of thing, by
and large I thing Ghanaians have come a long way in thinking of themselves as a nation
rather than a disparage group of people and I made the point that all our regimes from
1957 had contributed to this and I think we stand every good chance of becoming a real
nation in the future. As a historian, I think in terms of decades and centuries and
millennia so am quite very hopeful that we will get there. Thank you.


My sister here made a very interesting suggestions for example, what are colleagues in
the francophone have been doing that is the proportional representation in which case
nobody is frustrated because even if you score only 10% of the total votes you are
entitled to only 10% seats in parliament and therefore, everybody feels committed to the
system. May be it is about time we start thinking seriously in terms of making sure that
everybody is committed to the system because the winner takes all system that we have
been operating alleviate some people or some section of the society and therefore, they
do not feel committed to the system. If you are thinking in terms of making every body
comes on board, everybody feels committed to Ghana in cooperated then may be these
are some of the issues we would want to think about seriously. So I will like to invite
interventions or queries on this particular dimension of the discussion.


Ali Yaba Yakubu (KNUST) Question
Thank you very much Mr. Chairman. I want to thank the two presenters for their
unprepared but very educative presentations. I have two questions but before I ask them,
having followed the presentations from the morning up to this time I have made a
personal observation that it is really a huge challenge and pride to be a historian among
intellectuals because you are embodiments of all the disciplines. You can never say you
do not know this because it is not your field.


My first question is to Dr. Anyimadu. He made mention of the fact that Ghana is not
wholly democratic or autocratic. I want him to explicitly explain why Ghana is not fully
democratic. At least, I know from a layman’s point of view why we are not autocratic.


My second question is to Nana. Nana, I want to please find out why and how chieftaincy
can be practically brought on board to co-exist with modern system of governance to
ensure, enhance democracy. How should it be brought on board? Thank you.



Dr. Anyimadu’s Response

Well, Ghana is obviously not fully democratic, there is a whole industry by the

International Aid establishment to grade various countries in terms of how democratic

they are even the world Bank is gotten to that kind of game and they are all sorts of

league table and as far as we do not get 10% it means we are not fully democratic. But

more seriously, I was given examples. I made a presentation at Solace’s Institute, i.e.

IDEG over a month ago. Just take the issue of local government, there is not local

government in this country. Seriously speaking, there is no local government in this
country. You can talk about local government with the bid L and the big G but that does

not necessarily mean you have the real thing. I have been doing a lot of research in

Moree village in the Abora Asedunkwa Mankesim district and if you look at the

governance of Moree for instance, the local state is very, very weak. What we have as a

local government in the first place there is not enough government in it. I was not

surprised in this whole cocaine business because if you have been doing some research in

the fishing communities in the Central Region and all these fishing villages have become

international sea port because there is a business called SYCO and in SYCO, infact if you

go to some of the villages now, they do not really fish at all.



In few of these villages around Cape Coast now, their full time occupation is simply to

stream their canoes to these Korean boats normally fishing trawlers and just buy from and

if you are in the village you see that is not only fish that get into the village. All sorts of

things get in and the government has actually no control. When they had the National

Farmers Day up in the North at Tamale a year ago, both in Elmina and in Moree there

was civil war because the second best National Fisherman was actually chosen from

Moree and the best fisherman who was chosen in Elmina. In both cases the fishing

communities in the ground absolutely disown the selected men because the state simply

did not have the capacity to reach down…………….that point in time the regional

fisheries office in Cape Coast was actually squatting under a tree because over a year

there has been a legal case and the regional office of Agriculture has been locked up. So

that is what I mean there is not enough governance, if you have enough governance the

issue of whether the government is democratic or not does not come in.
Nana Akuoko Sarpong’s Response

I did mention that if you look at the 1992 Constitution, a large room was created for the

chieftaincy institution, but apart from just being expressed in the constitution as partners

in governance, it does not really mean anything in terms of practical, it is not part of the

practical processes of governance in the nation. The 1992 Constitution for instance says

the institution of chieftaincy is guaranteed but that is all that it means. The National

House of Chiefs should have representations on the Council of State, the Council of State

is an amorphous body, it really cannot exercise any power. It is just an advisory, their

advice is not open to the public so that in itself is a weightless so nobody knows

its…………. It is not possible to know exactly what kind of advice that they provided

both to the executive and parliament. So that is also a big between. The argument for

instance that raises this afternoon about the powers of parliament that parliament cannot

initiate legislation simply because it has no authority to initiate any policy that will be a

charge on the consolidate fund so the executives that dictates the pace. That is not

different from, for instance having the National House of Chiefs. When you hear the

name National House of Chiefs, I have been a member for twenty years, it does not really

make any sense at all. If you cannot provide any advice to anybody you cannot even call

a minister to come to speak to the National House of Chiefs. So it is just there, when you

hear the name the President of the National House of Chiefs which runs almost parallel

systems of government but one is just an expression of intent, it does not really make the

National House of Chiefs, it has no power in any form to influence a government policy

and the regional House of Chiefs is just about the same from which we select about five
from each of the Regional House of Chiefs to serve on the National House of Chiefs. So

all these institutions which have been created but it is the executive that calls the team

even if you go to the extent of relating it to what parliament can do and cannot do, that

shows that it is the executive that runs it but as a practical issue if you happens to be

fallen into that area of category called the traditional rulers, there was the district chief,

for instance, relates to either a paramount chief or any other person, you will see that you

are only there as a glorify institution. So there is no power, if it has to take any form than

it might be recognized as a true partner and a true partnership must be true partnership

that you must provide the wealth with all, you must provide the resources. After all the

traditional councils have a registrar but beyond paying the registrar. They do not even

provide ordinary paper for them to run the affairs of the traditional councils. So the

traditional council is supposed to be a government institution but they do not provide

anything other than paying the registrar. How that traditional council should be run, the

district secretary has no interest whatsoever so the district secretaries who are running the

show on behalf of the executive. So the point that I am making is which ever form it

takes it may even go to the extent of going to the Tanzania way and say that we are

abolishing the institution, that we know but that is the point I am making that unless we

make accommodation for this in one form of the other, the democracy that we are seeking

to choose, becomes the most powerful institution is on the ground which has no part to

play in the governance of the nation, that is the reality. So I am only throwing out a

challenge that the nation has to come to terms with that, unless we come to terms with

that and again the other weakness you made reference to, Norway and the others. The

resource base of a nation determines the real practice of democracy because the rising
expectation which the nation is not able to satisfy undermines the authority of

government and the nation because we are raising the hope of the people which are not

forth coming and then it creates cynicism among the people and then am telling you that

the majority of the people in this nation are disenchanted about the political process that

we are using to run the country, am telling you this, that is a fact on the ground. So we

must not be assuming that simply because we have institutions of democracy, we are

practicing democracy as you said.



Nana Kobina Nketia’s Intervention

It seems that chiefs are becoming an advocacy group and when each person speaks they

speak for themselves but I was reacting to some of the things the gentleman said and

looking at what Prof. is also saying, Ghana has often been said to be often in transition,

one of the questions I personally ask is transition from what to what? When you are

transiting you should know that you are moving from A to B. If am going to Geneva and

am transiting in London, I know that this is where I am and am going and I hear this

statements made more than enough I mean quite often but the destination here is not

talked about. When the young man here was speaking and he was talking about the

modern state, what does he mean by the modern state, he did not define it, he just said it

but I can see that in a way we are interrogating power, how does it come, the idea of

convening. Yesterday for example, I was called and told that after the Moslems have

gone to the park, they were moved to where I lived. Now, I was making fun: if I were

there I have to use my Cape Coast farmers’ money, i.e. Cape Coast University pay to look

after this people because they come and customary is convention and this is part of the
thing. Now, when Nana was speaking we were also interrogating the basis of chieftaincy.

Yesterday at another meeting that I was, I said the chief is non-person, now what is that

meant? And this is things that we have left and we have not interrogated and without

interrogating our own basis of existence our own culture, we might not be able to arrive

at the usefulness or how we are going to use it in our daily governance. The Akan for

example, call the past Yεn Nananom, they call the future Yεn Nananom so that the

ancestors are the future and if do not go into the philosophical basis of something like

that how can the ancestors also be the future? You will also be there in the presence and

not know also have a crisis of vision about what to do and where to go. Most of you

sitting here are lawyers. You have to talk law for your living but what has the law got to

do me, it is not mat, it is not harmony. Your law is British Jurisprudence, British

customary law base on how Roman law which enshrined slavery and it has been

something that desecrates my existence. Something that desecrates my existence is what

I hake now from what he is saying how is a modern say. So these are all questions part of

the asking questions and the most important that I could see from this morning and this

evening is the fact that we are now dialoguing with the constitution and who we are and

basically, hopefully we will arrive at a fruitful thing that will make us a nation as we want

to be. Thank you, professor.



Chairman’s Response

Thank you Nana. I think Nana has summed up what we have been doing both now and

yesterday. We have been interrogating Ghana’s part at least from 1957. One thing I tell

my students is that you should ask the correct questions. Whether or not you get the
proper answer does not really matter. What is more important was conceiving the

possible questions to pose we have been interrogating the past, trying to find out how far

we have gone from 1957 how successfully we have charted our course from

independence.



There is not a consensus of how far we have gone in terms of achieving the aspirations of

the founding fathers. I do not have any hesitations at all in stating that we are on the right

path. May be some of us rather impatient and I want to remind people like that that it

was Nkrumah’s impatience that led to most of his problems. You got to be prepared to

seek things in our stride, we are dealing with human institutions, some of which have

developed overtime. Even if we find reasons to be dissatisfy with them, we cannot throw

them overboard overnight. We have to accommodate ourselves to the institutions just as

much as we want to accommodate institutions to our convenience and I think what we

have been doing over the past couple of days have indicated that even if we did not

succeed completely, we have come a long way and I think we should all feel encouraged

that we are on the right path and that we will get there. I do not believe that the period of

transition that my young brother talked about will span decades. I think very soon we

would decide what exactly you want to create in Ghana. Whether we want to have a

constitution and structures that actually speak back to your heritage or whether we want

to bring on board other peoples heritage graft it on to our structure which of course will

not lead us anywhere. So being the same people that we are in Ghana, am sure we will

know what to do to ensure that whatever structures that we bring on board have roots and

a very deep root at that in our history, in our heritage in our culture.
On this note I will like to bring this two-day functions to an end, we are very gratified

that there are more historians here; I mean there are more non-historians than historians

because we believe that we want to tap into your wealth of knowledge for us to

previously document what has happened and what has been happening. As you know the

idea is that the proceedings of the workshops are going to be written up and we actually

find your inputs and your contributions invaluable. Thank you very much.



Prof. Odotei’s Comment:

Thank you very much and I hope you have enjoyed yourselves as much as I have and the

historians here.   For us this is a feast as we said when we launched it yesterday,

information is hidden in the head of a whole lots of people, there are libraries and

archives walking and when we get the right people they just give us history, it means the

research method we are using now is to find out people who have participated in the

history of this country. Those who have observed the history of the country so that we

will be able to preserve and map out for the future……….young lawyers and they have

convinced me that I would not be able to get lawyers to come and sit down with me for

two days. They told me it was impossible so I was impressed when they traveled all the

way from Tamale, Kumasi, Sunyani, Takoradi, they came early the day before and when

they saw even that the accommodation, the hotel was not ready for them, they went out,

booked accommodation paid for accommodation and came here and they have been with

us for two whole days. That is speak of the future of this country. We have hope that all

the questions that we have asked and the discussions we will like to received a paper
from you with a bias on your region generally from you but if you have a little bias for

example, we will like to know how lawyers have been performing in Volta Region or

what contribution have been made and what you think became……..in Takoradi, in Ho

and all that. Is there a division between the rural and the urban or between the regions

and the capital? These are issues and if so how have they been over the years, the

continuity and discontinuities.     Elections for example, how have they been in your

regions in particular? For example they tell us that chiefs should not be involved in

partisan politics, we are in Accra and we know chieftaincy in Accra but we know that in

the other areas, chieftaincy is quite a strong institution. Are they really living by

constitution on the ground or are they not and if they are not how come they can get away

with it. What percentages are not, we want to hear these things and you can cite

examples to tell us that and then we have to find the chiefs and find the secrets, how they

are able to flout the constitution and still retain the stools. So they will tell us the secrets

how they have been because you know chieftaincy is going through quite a bit and they

are agents of development, the chiefs are re-writing their own terms of reference

everyday. If you have somebody like Nana Akuoko Sarpong, a seasoned lawyer who is

also a chief, he knows how to obey the constitution without obeying the constitution

because he will tell a l the lays of this country and you…… so we want to know more

deep, we want to go deeper so please send us a little write-up that will enrich the book we

are going to write. We hope to be able to launch it next year. We started with the rule of

law and if comes to Ghana’s Independence we can show a book that the rule of law in

Ghana since Independence that will be a good birthday present that we can give to this

nation. So we are all working together, if you have some bio-data of judges who have
been in your regions, those who have made an impacts, landmarks cases in your region

which we do not know about, landmark cases which have walked through to the supreme

court and the outcome, how they impacted and the rule of laws in this country, we will be

most grateful. So the Historical Society will be expecting something from you and those

who could not come from the other regions, your colleagues, please tell them that they

have missed the great feast that we have had here and ask them to bring something.



On this note we will like to also thank our Nanas who have been with us. They have

really demonstrated that they are good fighters, we are proud of you. We will meet you

again, two weeks exactly from today. We will meet again, this time we are going to

discuss culture, the Arts and National Identity and we will invite other people who have

participated, who also have voice in that. So you will hear from us, if you cannot come

but you join on the internet, we have given you the internet address so you will join us

and make your contributions and ask questions on the internet. So on this note we say

thank you for Aye Botcher, Prof. Amenumey and what can I say without thanking our

political scientist, they cannot run away from us, they have done a wonderful job, Amos

and Solace at very short notice, indeed they are worthy ambassadors. Political Science is

history turn up side down but today I have charged my definition and opinion on them

because if they had not come to rescue us I do not know what we would have done so

apology for teasing you all the time. And now Per who has come all the way from

Norway, I hope you have enjoyed your self as much. That is our Norwegian Coordinator

of the NUFU Project. Infact they have been given us breast milk because it is the NUFU

that was used to revive the Historical Society to it has a good name NUFU – Breast. The
NUFU Project and we will like to thank our media for coming and our teachers from far

coming. I hope you have learnt enough so you make history more vibrant to our students

so we attract the bright students and to our chairman Professor Amenumey and I want to

say a big thank you and may God bless us all.

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My presentation on macropolitics of Ghana@50 conference - Historical Association of ghana transcript, UNEDITED. of

  • 1. GHANA’S INDEPENDENCE GOLDEN JUBILEE ANNIVERSARY ROUNDTABLE CONFERENCES Theme: Reflections on Fifty Years of Ghana’s Independence: Interrogating the Past, Shaping the Future Sub theme: Rule of Law, Government and The People Date: 23rd-24th October 2006 Venue: La Palm Royal Beach Hotel LAUNCHING CEREMONY Chairman: His Lordship Justice George Kingsley Acquah (Chief Justice of the Republic of Ghana) Welcome, Opening Remarks and Introductions by Prof. Kofi Darkwa: We are about to start the function. We would like to start with a prayer. May I call on Rev. Dr. A.A. Akrong. PRAYERS Rev. Dr. A.A. Akrong: Please bow down your heads and let us pray. TOPIC: THE ELECTORAL PROCESS AND THE DEVELOPMENT OF DEMOCRATIC GOVERNANCE Dr. Amos Anyimadu: Thank you very much Mr. Chairman, being in this business, I myself have organized a few of this….. I can perfectly understand the situation that I must confess that am in a very difficult situation because I was finishing a paper on human security when I got a call from Auntie Irene I have to come and comment on a presentation by a speaker. I said well, comment is not too difficult so I drove straight here and immediately I got here she said no, no the agenda has been changed, we are talking on elections and just about 5 minutes ago she stuck a piece of paper with topics in my hands, am in a very difficult
  • 2. situation but I have to say am a political scientist, infact I must confess to you the only reason why I came to Ghana for my Ph.D was to learn some history because when I was doing my thesis I realized I have to study much more Ghanaian history and that is the primary reason why I returned to this country and I have been stuck here since. Am very happy to be here and especially having benefited from your session at the OAUTTU conference centre a few days ago, and seeing the sterling performance of the paramount chief from Tumu especially, I think I should do my best and also seeing so many of my important mentors including Nana Kwabena Nketia here. As a matter of fact the last paper I wrote on elections I gave a paper to Nana and he characteristically tore it apart so am going to try remember his comments and to try to speak around that. I will just read the topics, the points am supposed to speak to: 1. Provide a general background to the electoral processes in Ghana before and after Independence. 2. Which institutions have been responsible for elections, referenda, and plebiscite in Ghana. 3. Discuss the electoral processes with regards to the election of the president. 4. Comment for example on the use of the electoral college in the election of the ceremonial President in the Second Republic. 5. Compare the electoral processes in Ghana with other places for example the U.S. and the United Kingdom. 6. Do the electoral processes suiting our purposes and enhance the development of the
  • 3. democratic culture, can there be any improvements. Now as you can see these are very tall menu that Auntie Irene has given me and of course I do not intend to answer or even respond to all of them, not being a historian myself I will not try to talk about the general background to elections at all. Now as a matter of fact just this morning, I myself I do not really study macro politics my area of research is very much on Telemetric and human security so when people asked me to talk about big politics I get a bit frightened. Luckily for me yester night Joy FM rang me that I was going to speak on political parties and democracy this morning so suddenly I had to think about macro politics and that is where am going to come from. The point that I want to make is that we are facing a very Eurocentric challenge in how we approach democratization in elections generally. I think the dominant frameworks for the study of democratization are fundamentally flawed, infact I do not see that flawed, I think that within the past five years or so at least on an academic basis a lot of these theories on transition to democracy have been quite comprehensively rebuttal at a very least but somehow I think there are certain laps between what happens on the academic front and what happens for lack of better word, what happens at the activist front, what happens in terms of the dealings of international aids establishment and so on and so forth so that I think for instance as historians you perhaps have much better advantages in advising us on the meaning of our present conjuncture. From the political science perspective the dominance framework that we use in analyzing democratization is really, this is from another view of modernization theory but it is really like a number of planes
  • 4. trying to take off from an airport. The dominant framework is something called the transition to democracy so that at least for in Ghana for instance for the past 15 years or whatever we have been transiting to democracy. Now I and infact, increasingly many other people I think are beginning to see that we are actually not in a transition. We are actually in a quite stable situation. In other words, many people accept that we are not fully democratic today, the expectation very much is that the situation we have today is a quite temperate situation and we are going to move from the situation to something else which people call full democracy or the consolidation of democracy or whatever. Now what I have to suggest is that a situation in which we are in today is a quite stable structure form so that we have to take it very, very seriously. We are going to be stuck to the process which is neither fully authoritarian nor fully democratic for a very, very long time. So that we should not take our present situation as a temperate situation and always hoping that the time that they come back and they were not and then the Executive Secretary of the United Nation Research into Institutional Development says that one of the problems in analyzing Africa is that we are trying to make Africa what she is not and what she cannot become and that systematically built-in a certain Afro-pessimism because Africa is not likely to be democratic the way in which Norway for instance, is democratic. Ghana is not going to be democratic the way in which the United State for instance, is democratic so I want to suggest that as historians you have a very good comparative in trying to specify the structural differentiation of the Ghanaian social structure. What is specific from our history and other things not necessarily Ghanaian but at least in Ghana type societies.
  • 5. That is a general point from which I am coming from, now if I try to link this to some of the points Auntie Irene has given me, one of the most important point that I find is the issue of which institutions have been responsible for elections in Ghana. There is a certain dichotomy in the way in which Ghanaians see elections. Outside, many people including many professional groups see the administration of elections in Ghana as very, very good. I remember attending a conference at IDA i.e. International Democratic Institute in Stockholm, Sweden and the executive director was, he literally thought Dr. Afari Gyan was a god because for him he was such a good election administrator and trying to flatter I do not have a details here but actual a World Bank report, I think it was a world development report which they actually had the administration of elections in Ghana as a boss of good practice but of course the Ghanaians here, we turn to see our elections administration much more critically and I think there is a historical reason for this. I think the historical specifics that we have to look at is Nkrumah’s administration, it is a plebiscite to turn Ghana into a Republic in 1960. Now if you look at Jeff Obeng’s accounts in…………. is very, very clear one, Nkrumah knew he was going to win anyway because he knew that the issue of turning Ghana into a Republic was something that will never have a no return and for that reason he was absolutely determined to ensure a very transparent election at least in terms for the logistics in organizing elections so that from the 1960 election he noticed that the administration of elections in Ghana turns from being organized by the Ministry of Local Government or equivalent into a sort of a semi-autonomous entity at least. And of course in the processes after Nkrumah with the various commissions including the Akuffo Addo
  • 6. Constitutional commission, there was a very clear strategy for making the administration of elections independence so that if you compare Ghana to the francophone countries, for instance where even up to today most of these countries’ elections are organized d by the executives more or less, mostly the ministry of interior something like that or other African countries that is the East African countries where the executives are much more involved in elections. You see that in Ghana going to Justice Kingsley Nyinah, the late Justice Abban and even before the commissioner for 1968 Justice Azu Crabbe I think, we have always had a quite independence trend and I think that is a structural disequilibrium, that is a big fort in the roll, that is at least, I will say that is important historical conjecture in 1960 makes the process irreversible so that for instance, if suddenly Ghana is to have elections conducted by Ministry of Local Government or the Ministry of Interior that will seem very, very strange. I must confess I do not really remember specifically about the elections of the president in the Second Republic. I remember the interesting thing that was Busia’s pressure on the military commission, the three-month commission to hand over to a proper president and that is a much more controversial issue. What I want to say is that I do not know what is happening in the archives but before it became whatever it is now public records or whatever, they had a project called the Records of Ghana Project or something like that and the papers of the NLC Constitutional Commission were actually available in the archives. Infact, I remember the record number of NLCCC something like that. I used it long time ago and when my good friend Garret Austin came back to Ghana and referred him to it he could trace it in the archives, it must be changed over but there is excellent
  • 7. documentation of that somewhere in the archives, all the minutes of the Constitutional Commission and the political whatever and I remember the Siriboe Committee report are also fully documented in the archives. So that is something that can easily be cross- checked. Now the issue about whether our electoral processes enhanced the development of democratic culture, I think that is in a very tall order. I mean democracy is way beyond elections, infact our new category that has emerged in political science is something called Illiberal Democracy. It was put together by a columnist of a News Week who also writes a historical account, Frederick Sakari who has an Eastern background and essentially the whole point about illiberal democracy is that elections are not enough. You can have countries which have mastered the electoral process and still failed to be democratic. Infact, I was part of the beginning of this whole argument that we are not in a transition anyway, we are in a stable situation which is neither democratic nor authoritarian. Now the final point that I want to make isthat can there be any improvement, definitely. I think the most important point in Ghana today is, I said on the radio today that the modern state behaves like an ostrich. I mean we have a certain international amnesia on many of these things. Last Sunday I was at a most remarkable event at Akropong, Nana Ampem Darko better known as George Darko gave a musical tribute to Nana Dokua to mark her 40th anniversary on the throne as Queenmother of Akwapim. Now, what struck
  • 8. was the, the term that I want to describe the Historical Associations’ event at OAATU whether I will use again for the traditional authorities was the co-venire authorizing of the traditional state. We have to spend a quite a time in the palace and I also saw how the modern state, the District Secretary and company related to the event. Now it is very obvious that the traditional state has a degree of authority which the modern state does not come near. It appears to me that unless we resolve this kind of shadow politics, this kind of artificial tension between the so-called modern state and the traditional state. At the end of the things that happen, within the modern state in their relation will be very, very artificial. I mean, do not want to put him down but actually at the ceremony last Sunday, somehow, let me be careful, the person who made the least impact, if I might put it in such undiplomatic term is the District Secretary because he was there pushing very much an official agenda but when George Darko spoke, when the M.P. spoke through a very traditional medium, you could see that the people correlate to that in a very, very powerful way. So that I think that we have a lot of fundamental re-thinking to do in this our Jubilee Year. We really serious have to re-construct basic blocks of our political structure. Thank you very much. Mr. Chairman’s Response Thank you Dr. Anyimadu. We will now take the second presentation and react to the two. Mr. Chairman: Thank you very much Madam Asafo. Ladies and gentlemen, we have listened to Dr. Anyimado and Madam Asafo, as were advised at the beginning, they have been drafted in
  • 9. at short notice nevertheless they have been actually been able to give us the important ideas around which should focus our discussion. Am reminded by a very important point that was made by Kwabena Sakyi decades ago about constitutions being born and not made in the sense that they have to be located within the historical and cultural milieu. It appears to me that one of the problems that we are having with our attempt to establish democratic systems the way that other cultures have it, have resulted in a situation that Dr. Anyimado has described where we think that we are in a transition but his presentation that transition must last decades even possibly centuries. So it is about time we actually got to appreciate that it is going to be……. For sometime so we want to make it workable rather than kind ourself into thinking that within a couple of years or so we will graduate to what other peoples and what society calls democratic institutions. I now like to invite reactions, questions and submissions with respect to both presentation this afternoon. Nana Akuoko Sarpong’s Remarks: Mr. Chairman I think maybe because of the way Dr. Anyimado made his presentation, the real issues did not come out of his presentation. The fundamental issue is democracy is culture, now what we are missing, we missed that in 1957, we missed that in 1960 Constitution; and because it is the way Nkrumah started with his championship of the independence course. The moment he tried to alienate the fundamental institution of chieftaincy into the system when he saw it as the institution of enemy to what they wanted to do that is the opportunity that we missed in 1960. Later on Nkrumah tried to, that is why he started calling himself Osagyefo and then the panoply of traditional institution to open through parliament and so on and if you remember, he refused to appoint or to get a vice-president and what he intended to do was that he always get a presidential commission constitutive of traditional chiefs. He wanted to come to terms with that but he did not come out clearly. We lost that opportunity also in 1968. That fundamental issue we have two major parallel system of government. Unless we come to terms to see that democracy in this country cannot grow will now take on board this huge institution of chieftaincy which is now controlling our lives. Like it or not, of course when a politician gets power he does not, he wants to see power indivisible but unless we
  • 10. come to terms and make sure that the institution of chieftaincy is brought on board like the way you were saying it in Akropong with that small event it will show you the dichotomy. I see this more so before because I have been a member of the executive and now am a retired traditional ruler so take me seriously. So you the fundamental difference, you see that the whole system of the new creation is so decent from the people and we have not made any attempt to make the two. The 1992 Constitution makes only references to guarantee the institution of chieftaincy they should be represented on this, they should be doing this and so on but it does not come to terms in actually taking the institution on board as part of the institution of governance of this nation. So is the bureaucracy and the political element who are controlling power when the real power lies somewhere, Nana Nketia am sure you will bear me out, you were making that point along something, so we are actually ostriching. Now, unless we accept that these two parallel systems should be converged as checking part of our system, the whole concept of democracy will be lost to us and the nation has to make a decision. If you do not make that decision you will just be dancing around the problem and you will be thinking that you are practicing democracy, you are really not practising democracy and it will be eluding us for a long, long time for the rest of our lives. Comment/Question Mr. Chairman, political parties are supposed to be democratic institutions but in Ghana we have witnessed a lot of weaknesses, infact, they have become rivalry institutions. I want to know whether Dr. Anyimadu would want to suggest an institution of participatory democracy in our parliament instead of having political parties. The other thing is the executive, am wondering whether we need to continue with the percentage instead of ordinary winning votes Dr. Anyimadu’s Response On the issue of from the way you presented participatory democracy, I have a suspicion that, that will be beyond political parties or participatory democracy will be stronger than democracy as we have it. Well, my point will be that we are struggling even with democracy, logically we are going to perform even worse with strong democracy. I take your points political parties are not democratic institutions in Ghana. As a matter of fact
  • 11. the point that I was making on radio this morning is that a very fundamental failure in our political structure right now is that the political parties are simply too big. I was very happy when I heard a paramount chief of Tumu in your last conference criticizing the avoidance of discrimination Act because I fully agree with him on that, the avoidance of discrimination Act December 1957 which has actually become consensual mantra in Ghanaian political talk. I think that is a little respect is a very deliberating Act because what makes it is that, infact the Act which still is the background for the registration of political parties is not only strictly enforced as you all know but because it is there and going back to my point that when it comes to formal politics we really play the ostrich. We pretend that we parties which have offices in ⅔ of the district and so on and so forth so that what you have is these parties have actually become very, very big political machines and the lines for accountability within the party is almost impossible to examine so that I will actually will not want to move for if you want stronger democracy, I want to move for a more cyndicalyst kind of idea where people from smaller parties can relate and so on and so forth. On the next point, Nana knows that I perfectly agree with him in a point of facts I have been to his palace in Agogo at least once to learn from his deep experience. Yes, and as I said we are not going to go anywhere in this country until we work hard in a certain more stable arrangement between the para-governments that we have. I think the 1992 Constitution in almost every respect took several steps backwards I mean this whole point of our chiefs not being involved in politics. So on and so forth, it is really a backward step undoubtedly. Having said that, the resolution on that question was not an easy one, am here and perhaps I have to agree with Nana a bit. Chieftaincy is not democratic, it might be legitimate but it is not democratic and in our modern political system what we are trying to ensure is a certain form of democracy. So there is a certain structural tension between the modern political system and the traditional political system. Now I think that that tension can be managed more creative than we are now. In point of fact right now as far as I can see formally we are pretending the tension does not exist, I mean there are all sorts of day to day ways in which the politician and the traditional authorities try to manage it but even if we get beyond that amnesia we have
  • 12. appreciated that we have a very, very difficult situation. In South Africa right now the role of traditional authorities in governance is becoming a very, very hot topic. We are pretending that it is not an issue but when we get beyond the pretending, am suggesting that we still have a very difficult problem to contend with. Thank you. Nana Akuoku Sarpong”s Response Sorry to disrupt Mr. Chairman, I know that looking at it at a distance, your description of it as undemocratic man hold but what am saying it we have to find a way of coming to terms with that. Unless we come to terms from it the democracy because we are run two parallel systems and the most powerful system is on the ground. I mean relative to that the institutions of the state, the new ones are mostly artificial and that is the point that I am making. The point I am making is that we have to find a way of accommodating it in one form or the other but unless we come to terms with that, am afraid the democracy, that w are looking at it from different angles. Nana Asiedu Boafo’s Comment Mr. Chairman, I think Dr. Anyimadu made a categorical statement and I do not think it should be allowed to go. He said categorically that chieftaincy is not democratic, he is a typical representative may be before I got into it I will have been typical tool of what my father used to call ‘Akrakyefuo’, the western educated elites, they look at western concept and they try to define local concept in those terms. I do not know how a Japanese for instance, will call imperial system there which has sustained a dynamic economic growth over the past century which had made the Japanese able to manufacture aeroplanes, made the Japanese to manufacture the first aircraft that carriers that nearly conquered the far east from both the British and Americans. I don’t see how a Japanese can stand up one day and say oh! The imperial system is not democratic. Now in the Ghanaian context, is rudimentarily democratic in the sense that is an Electoral College system. If for instance from my village in order to contest to be a chief, you must belong to a certain clan which is equivalent roughly to being a paid up member of a political party. Like if you are not ‘Asona’ where you went Akropong, you can’t contest for Akuapem here so you must belong to that clan in the first place and then when the times comes, the members pay
  • 13. their nomination fees by going to see paying drinks money to certain power brokers like the Queenmother, the Abusuapanyin, the Krontihene. Everyone will be taken on board then after that when a short list is made a lot of consultation takes place before the final selection is made and then when you are presented to the general public, the general assembly of the town. I f the people don’t like you, the electors have to withdraw you. First, second time, third time if you don’t still give the people the choice that they want, they have the power to get into political party concern, the Asona, the Oyoko, Bretuo and carry off their choice to be chief . So I am not saying it is entirely democratic in the western sense but it is totally democratic in our culturally milieu and our environmental milieu. Just like you have it, you have kings in Malaysia and you are not going to say if you are Malasian you are going to condemn it outright because or say it is not democratic from a western European point of view because it does not allow for casting for the ballot papers. So that is my view on the statement. Chairman’s Response Thank you, Nana. I think the main point is that although it is elective, it is basically heritable, you got to belong to the appropriate clan or lineage before you even become a candidate before election. Nana Asiedu’s Response: Right that is why am saying not in a western European sense but in our context and even all the imperial context of India, Japan, China, Malaysia and even Britain, it is democratic. Remarks Actually I have also participated in the things all this times and one thing comes like Prof. Anyimado said legitimacy and authority. He made that reference to Nana’s position about the chief may be legitimate but democracy is what exists in the United States situation. I think what we seem to be battling actually is that we have a situation which as people we have a situation which we see to belong to us. So in every village try anything derogatory about the system in the village and you can really be in trouble. Say
  • 14. that about the nation, state, and everybody will agree with you, toast derogatory about the problems of the nation state and everybody in the country will agree with you that the nation state is wrong. Those are the things that we need to start confronting as a people. How are we going to make the nation state which was created for us, how are we going to make ourselves belong to it and make it belong to us. I think that is an issue we need to confront frontally otherwise all these that we are talking whether one thing is called democracy and another thing is called legitimate or whatever, we could keep talking about it on and on again and will not arrive at anything because we keep having the same problem. I think that is the point I want to make. Chairman’s Comment Thank you very much. I think when you look at the history of Ghana after independence, whatever one thinks about military regimes and all the rest what they share with the elected regimes is that all of them have tried to make a nation out of the people brought together into a state. I do not think we have actually reached a state where we can call ourselves a nation but am sure we have gone a long way from 1957 even though people show bickery about the position being allocated on ethnic basis and that kind of thing, by and large I thing Ghanaians have come a long way in thinking of themselves as a nation rather than a disparage group of people and I made the point that all our regimes from 1957 had contributed to this and I think we stand every good chance of becoming a real nation in the future. As a historian, I think in terms of decades and centuries and millennia so am quite very hopeful that we will get there. Thank you. My sister here made a very interesting suggestions for example, what are colleagues in the francophone have been doing that is the proportional representation in which case nobody is frustrated because even if you score only 10% of the total votes you are entitled to only 10% seats in parliament and therefore, everybody feels committed to the system. May be it is about time we start thinking seriously in terms of making sure that everybody is committed to the system because the winner takes all system that we have been operating alleviate some people or some section of the society and therefore, they do not feel committed to the system. If you are thinking in terms of making every body
  • 15. comes on board, everybody feels committed to Ghana in cooperated then may be these are some of the issues we would want to think about seriously. So I will like to invite interventions or queries on this particular dimension of the discussion. Ali Yaba Yakubu (KNUST) Question Thank you very much Mr. Chairman. I want to thank the two presenters for their unprepared but very educative presentations. I have two questions but before I ask them, having followed the presentations from the morning up to this time I have made a personal observation that it is really a huge challenge and pride to be a historian among intellectuals because you are embodiments of all the disciplines. You can never say you do not know this because it is not your field. My first question is to Dr. Anyimadu. He made mention of the fact that Ghana is not wholly democratic or autocratic. I want him to explicitly explain why Ghana is not fully democratic. At least, I know from a layman’s point of view why we are not autocratic. My second question is to Nana. Nana, I want to please find out why and how chieftaincy can be practically brought on board to co-exist with modern system of governance to ensure, enhance democracy. How should it be brought on board? Thank you. Dr. Anyimadu’s Response Well, Ghana is obviously not fully democratic, there is a whole industry by the International Aid establishment to grade various countries in terms of how democratic they are even the world Bank is gotten to that kind of game and they are all sorts of league table and as far as we do not get 10% it means we are not fully democratic. But more seriously, I was given examples. I made a presentation at Solace’s Institute, i.e. IDEG over a month ago. Just take the issue of local government, there is not local government in this country. Seriously speaking, there is no local government in this
  • 16. country. You can talk about local government with the bid L and the big G but that does not necessarily mean you have the real thing. I have been doing a lot of research in Moree village in the Abora Asedunkwa Mankesim district and if you look at the governance of Moree for instance, the local state is very, very weak. What we have as a local government in the first place there is not enough government in it. I was not surprised in this whole cocaine business because if you have been doing some research in the fishing communities in the Central Region and all these fishing villages have become international sea port because there is a business called SYCO and in SYCO, infact if you go to some of the villages now, they do not really fish at all. In few of these villages around Cape Coast now, their full time occupation is simply to stream their canoes to these Korean boats normally fishing trawlers and just buy from and if you are in the village you see that is not only fish that get into the village. All sorts of things get in and the government has actually no control. When they had the National Farmers Day up in the North at Tamale a year ago, both in Elmina and in Moree there was civil war because the second best National Fisherman was actually chosen from Moree and the best fisherman who was chosen in Elmina. In both cases the fishing communities in the ground absolutely disown the selected men because the state simply did not have the capacity to reach down…………….that point in time the regional fisheries office in Cape Coast was actually squatting under a tree because over a year there has been a legal case and the regional office of Agriculture has been locked up. So that is what I mean there is not enough governance, if you have enough governance the issue of whether the government is democratic or not does not come in.
  • 17. Nana Akuoko Sarpong’s Response I did mention that if you look at the 1992 Constitution, a large room was created for the chieftaincy institution, but apart from just being expressed in the constitution as partners in governance, it does not really mean anything in terms of practical, it is not part of the practical processes of governance in the nation. The 1992 Constitution for instance says the institution of chieftaincy is guaranteed but that is all that it means. The National House of Chiefs should have representations on the Council of State, the Council of State is an amorphous body, it really cannot exercise any power. It is just an advisory, their advice is not open to the public so that in itself is a weightless so nobody knows its…………. It is not possible to know exactly what kind of advice that they provided both to the executive and parliament. So that is also a big between. The argument for instance that raises this afternoon about the powers of parliament that parliament cannot initiate legislation simply because it has no authority to initiate any policy that will be a charge on the consolidate fund so the executives that dictates the pace. That is not different from, for instance having the National House of Chiefs. When you hear the name National House of Chiefs, I have been a member for twenty years, it does not really make any sense at all. If you cannot provide any advice to anybody you cannot even call a minister to come to speak to the National House of Chiefs. So it is just there, when you hear the name the President of the National House of Chiefs which runs almost parallel systems of government but one is just an expression of intent, it does not really make the National House of Chiefs, it has no power in any form to influence a government policy and the regional House of Chiefs is just about the same from which we select about five
  • 18. from each of the Regional House of Chiefs to serve on the National House of Chiefs. So all these institutions which have been created but it is the executive that calls the team even if you go to the extent of relating it to what parliament can do and cannot do, that shows that it is the executive that runs it but as a practical issue if you happens to be fallen into that area of category called the traditional rulers, there was the district chief, for instance, relates to either a paramount chief or any other person, you will see that you are only there as a glorify institution. So there is no power, if it has to take any form than it might be recognized as a true partner and a true partnership must be true partnership that you must provide the wealth with all, you must provide the resources. After all the traditional councils have a registrar but beyond paying the registrar. They do not even provide ordinary paper for them to run the affairs of the traditional councils. So the traditional council is supposed to be a government institution but they do not provide anything other than paying the registrar. How that traditional council should be run, the district secretary has no interest whatsoever so the district secretaries who are running the show on behalf of the executive. So the point that I am making is which ever form it takes it may even go to the extent of going to the Tanzania way and say that we are abolishing the institution, that we know but that is the point I am making that unless we make accommodation for this in one form of the other, the democracy that we are seeking to choose, becomes the most powerful institution is on the ground which has no part to play in the governance of the nation, that is the reality. So I am only throwing out a challenge that the nation has to come to terms with that, unless we come to terms with that and again the other weakness you made reference to, Norway and the others. The resource base of a nation determines the real practice of democracy because the rising
  • 19. expectation which the nation is not able to satisfy undermines the authority of government and the nation because we are raising the hope of the people which are not forth coming and then it creates cynicism among the people and then am telling you that the majority of the people in this nation are disenchanted about the political process that we are using to run the country, am telling you this, that is a fact on the ground. So we must not be assuming that simply because we have institutions of democracy, we are practicing democracy as you said. Nana Kobina Nketia’s Intervention It seems that chiefs are becoming an advocacy group and when each person speaks they speak for themselves but I was reacting to some of the things the gentleman said and looking at what Prof. is also saying, Ghana has often been said to be often in transition, one of the questions I personally ask is transition from what to what? When you are transiting you should know that you are moving from A to B. If am going to Geneva and am transiting in London, I know that this is where I am and am going and I hear this statements made more than enough I mean quite often but the destination here is not talked about. When the young man here was speaking and he was talking about the modern state, what does he mean by the modern state, he did not define it, he just said it but I can see that in a way we are interrogating power, how does it come, the idea of convening. Yesterday for example, I was called and told that after the Moslems have gone to the park, they were moved to where I lived. Now, I was making fun: if I were there I have to use my Cape Coast farmers’ money, i.e. Cape Coast University pay to look after this people because they come and customary is convention and this is part of the
  • 20. thing. Now, when Nana was speaking we were also interrogating the basis of chieftaincy. Yesterday at another meeting that I was, I said the chief is non-person, now what is that meant? And this is things that we have left and we have not interrogated and without interrogating our own basis of existence our own culture, we might not be able to arrive at the usefulness or how we are going to use it in our daily governance. The Akan for example, call the past Yεn Nananom, they call the future Yεn Nananom so that the ancestors are the future and if do not go into the philosophical basis of something like that how can the ancestors also be the future? You will also be there in the presence and not know also have a crisis of vision about what to do and where to go. Most of you sitting here are lawyers. You have to talk law for your living but what has the law got to do me, it is not mat, it is not harmony. Your law is British Jurisprudence, British customary law base on how Roman law which enshrined slavery and it has been something that desecrates my existence. Something that desecrates my existence is what I hake now from what he is saying how is a modern say. So these are all questions part of the asking questions and the most important that I could see from this morning and this evening is the fact that we are now dialoguing with the constitution and who we are and basically, hopefully we will arrive at a fruitful thing that will make us a nation as we want to be. Thank you, professor. Chairman’s Response Thank you Nana. I think Nana has summed up what we have been doing both now and yesterday. We have been interrogating Ghana’s part at least from 1957. One thing I tell my students is that you should ask the correct questions. Whether or not you get the
  • 21. proper answer does not really matter. What is more important was conceiving the possible questions to pose we have been interrogating the past, trying to find out how far we have gone from 1957 how successfully we have charted our course from independence. There is not a consensus of how far we have gone in terms of achieving the aspirations of the founding fathers. I do not have any hesitations at all in stating that we are on the right path. May be some of us rather impatient and I want to remind people like that that it was Nkrumah’s impatience that led to most of his problems. You got to be prepared to seek things in our stride, we are dealing with human institutions, some of which have developed overtime. Even if we find reasons to be dissatisfy with them, we cannot throw them overboard overnight. We have to accommodate ourselves to the institutions just as much as we want to accommodate institutions to our convenience and I think what we have been doing over the past couple of days have indicated that even if we did not succeed completely, we have come a long way and I think we should all feel encouraged that we are on the right path and that we will get there. I do not believe that the period of transition that my young brother talked about will span decades. I think very soon we would decide what exactly you want to create in Ghana. Whether we want to have a constitution and structures that actually speak back to your heritage or whether we want to bring on board other peoples heritage graft it on to our structure which of course will not lead us anywhere. So being the same people that we are in Ghana, am sure we will know what to do to ensure that whatever structures that we bring on board have roots and a very deep root at that in our history, in our heritage in our culture.
  • 22. On this note I will like to bring this two-day functions to an end, we are very gratified that there are more historians here; I mean there are more non-historians than historians because we believe that we want to tap into your wealth of knowledge for us to previously document what has happened and what has been happening. As you know the idea is that the proceedings of the workshops are going to be written up and we actually find your inputs and your contributions invaluable. Thank you very much. Prof. Odotei’s Comment: Thank you very much and I hope you have enjoyed yourselves as much as I have and the historians here. For us this is a feast as we said when we launched it yesterday, information is hidden in the head of a whole lots of people, there are libraries and archives walking and when we get the right people they just give us history, it means the research method we are using now is to find out people who have participated in the history of this country. Those who have observed the history of the country so that we will be able to preserve and map out for the future……….young lawyers and they have convinced me that I would not be able to get lawyers to come and sit down with me for two days. They told me it was impossible so I was impressed when they traveled all the way from Tamale, Kumasi, Sunyani, Takoradi, they came early the day before and when they saw even that the accommodation, the hotel was not ready for them, they went out, booked accommodation paid for accommodation and came here and they have been with us for two whole days. That is speak of the future of this country. We have hope that all the questions that we have asked and the discussions we will like to received a paper
  • 23. from you with a bias on your region generally from you but if you have a little bias for example, we will like to know how lawyers have been performing in Volta Region or what contribution have been made and what you think became……..in Takoradi, in Ho and all that. Is there a division between the rural and the urban or between the regions and the capital? These are issues and if so how have they been over the years, the continuity and discontinuities. Elections for example, how have they been in your regions in particular? For example they tell us that chiefs should not be involved in partisan politics, we are in Accra and we know chieftaincy in Accra but we know that in the other areas, chieftaincy is quite a strong institution. Are they really living by constitution on the ground or are they not and if they are not how come they can get away with it. What percentages are not, we want to hear these things and you can cite examples to tell us that and then we have to find the chiefs and find the secrets, how they are able to flout the constitution and still retain the stools. So they will tell us the secrets how they have been because you know chieftaincy is going through quite a bit and they are agents of development, the chiefs are re-writing their own terms of reference everyday. If you have somebody like Nana Akuoko Sarpong, a seasoned lawyer who is also a chief, he knows how to obey the constitution without obeying the constitution because he will tell a l the lays of this country and you…… so we want to know more deep, we want to go deeper so please send us a little write-up that will enrich the book we are going to write. We hope to be able to launch it next year. We started with the rule of law and if comes to Ghana’s Independence we can show a book that the rule of law in Ghana since Independence that will be a good birthday present that we can give to this nation. So we are all working together, if you have some bio-data of judges who have
  • 24. been in your regions, those who have made an impacts, landmarks cases in your region which we do not know about, landmark cases which have walked through to the supreme court and the outcome, how they impacted and the rule of laws in this country, we will be most grateful. So the Historical Society will be expecting something from you and those who could not come from the other regions, your colleagues, please tell them that they have missed the great feast that we have had here and ask them to bring something. On this note we will like to also thank our Nanas who have been with us. They have really demonstrated that they are good fighters, we are proud of you. We will meet you again, two weeks exactly from today. We will meet again, this time we are going to discuss culture, the Arts and National Identity and we will invite other people who have participated, who also have voice in that. So you will hear from us, if you cannot come but you join on the internet, we have given you the internet address so you will join us and make your contributions and ask questions on the internet. So on this note we say thank you for Aye Botcher, Prof. Amenumey and what can I say without thanking our political scientist, they cannot run away from us, they have done a wonderful job, Amos and Solace at very short notice, indeed they are worthy ambassadors. Political Science is history turn up side down but today I have charged my definition and opinion on them because if they had not come to rescue us I do not know what we would have done so apology for teasing you all the time. And now Per who has come all the way from Norway, I hope you have enjoyed your self as much. That is our Norwegian Coordinator of the NUFU Project. Infact they have been given us breast milk because it is the NUFU that was used to revive the Historical Society to it has a good name NUFU – Breast. The
  • 25. NUFU Project and we will like to thank our media for coming and our teachers from far coming. I hope you have learnt enough so you make history more vibrant to our students so we attract the bright students and to our chairman Professor Amenumey and I want to say a big thank you and may God bless us all.