Ghana Independence Act 1957

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Ghana Independence Act 1957
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision for, and in connection with, the attainment by the Gold Coast of fully responsible status within the British Commonwealth of Nations.
Citation 5 & 6 Eliz. 2. c. 6
Dates
Royal assent 7 February 1957
Text of statute as originally enacted
Revised text of statute as amended

The Ghana Independence Act 1957 is an Act of the Parliament of the United Kingdom that granted the Gold Coast fully responsible government within the British Commonwealth of Nations under the name of Ghana. [1] The Act received royal assent on 7 February 1957 and Ghana came into being on 6 March 1957 [2]

Contents

Background

Independence within the British Commonwealth could not be attained by a dependent territory like the Gold Coast without legislation passed at Westminster. [2] The main provisions of the Act closely follow the Statute of Westminster and the Ceylon Independence Act 1947. [2] The grant of independence to the Gold Coast was achieved by two separate legislative operations, namely, the passing of the Act and the making of the Ghana (Constitution) Order in Council 1957. [3] A matter that complicated the legislation was that what was to become Ghana was not a single constitutional unit but rather four distinct areas:

With respect to the Northern Territories, the legislation terminated the agreements with the native chiefs on which the protectorate status was based. With respect to British Togoland, a referendum was held to determine the consent of its people to being united with the rest of what would become Ghana. [3] With effect from when the Act entered into force all of what became Ghana became part of Her Majesty's dominions as a single, unified dominion named Ghana.[ citation needed ] [4]

Road to Independence

The independence legislation began to take shape following the return of the Convention People's Party to power at the Gold Coast general election of 1954. The party won 79 out of 104 seats. [2] The Gold Coast government expressed its hope of achieving independence within the lifetime of the new assembly. [2]

A dispute within the Gold Coast about the form of Constitution after independence was still unresolved as late as 1956. [2] The same year the United Kingdom government publicly stated that provided it had the support of a "reasonable majority", the United Kingdom was prepared to legislate for the Gold Coast to have independence within the British Commonwealth. [2] The Secretary of State for the Colonies added that "[f]ull membership of the Commonwealth is, of course, a different question and is a matter for consultation between all existing members of the Commonwealth." [2] This distinction reflected the view that full Commonwealth membership required the consent of all Commonwealth members. Ultimately, Ghana's full Commonwealth membership was consented to by all Commonwealth members. [2] The Commonwealth's agreement to this was announced by the United Kingdom prime minister on 21 February 1956. Letters patent constituting the office of the Governor-General of Ghana and royal instructions to the Governor-General were issued on 23 February 1956 and became effective on 6 March 1956. [2] An Order in Council provided Ghana with its first constitution.[ citation needed ]

Independence Day

The 6 March independence date was chosen for its historical significance: On 6 March 1844, a group of Fante chiefs in Ghana had signed a treaty with the then British governor. That treaty, which became known as the Bond of 1844, came to symbolise the sovereignty of the local government of indigenous authorities. [2]

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<span class="mw-page-title-main">Gold Coast (British colony)</span> British colony from 1821 to 1957

The Gold Coast was a British Crown colony on the Gulf of Guinea in West Africa from 1821 until its independence in 1957 as Ghana. The term Gold Coast is also often used to describe all of the four separate jurisdictions that were under the administration of the Governor of the Gold Coast. These were the Gold Coast itself, Ashanti, the Northern Territories protectorate and the British Togoland trust territory.

<span class="mw-page-title-main">Commonwealth realm</span> Sovereign state in personal union with the United Kingdom

A Commonwealth realm is a sovereign state that has Charles III as its monarch and head of state. All the realms are equal with and independent of the others, though one person, resident in the United Kingdom, acts as monarch of each. The phrase Commonwealth realm is an informal description not used in any law.

<span class="mw-page-title-main">British Togoland</span> 1916–1956 British territory in West Africa

British Togoland, officially the Mandate Territory of Togoland and later officially the Trust Territory of Togoland, was a territory in West Africa under the administration of the United Kingdom, which subsequently entered a union with Ghana, part of which became its Volta Region. The territory was effectively formed in 1916 by the splitting of the German protectorate of Togoland into two territories, French Togoland and British Togoland, during the First World War. Initially, it was a League of Nations Class B mandate. In 1922, British Togoland was formally placed under British rule, and French Togoland, now Togo, was placed under French rule.

<span class="mw-page-title-main">Togoland</span> German protectorate in West Africa (1884–1914); now part of Ghana and Togo

Togoland was a German Empire protectorate in West Africa from 1884 to 1914, encompassing what is now the nation of Togo and most of what is now the Volta Region of Ghana, approximately 90,400 km2 in size. During the period known as the "Scramble for Africa", the colony was established in 1884 and was gradually extended inland.

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<span class="mw-page-title-main">British West Africa</span> 1821–1888 colonial entity of Britain in West Africa

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Ashanti Protectorate is alleged to have been established in 1902 from the Ashanti Confederacy, now Ashanti Region. There are multiple references to an "Ashanti Protectorate" in writings. However, so far no legal instrument has been identified that establishes this. This is because, in fact, the territory in question was established as a Crown Colony on 1 January 1902. A Crown Colony is not a Protectorate. They are two different things. After several prior wars with British troops, Ashanti was once again occupied by British troops in January 1896. In 1900 the Ashanti Uprising took place. The British suppressed the violence and captured the city of Kumasi. Ashanti's traditional king, the Asanthene, and his counselors were deported. The outcome was the annexation of Ashanti by the British so that it became part of His Majesty's dominions and a British Crown Colony with its administration undertaken by a Chief Commissioner under the authority of the Governor of the Gold Coast. Ashanti was classed as a colony by conquest. The legislation by which this annexation was effected and the administration constituted was the Ashanti Order in Council 1901 made on 26 September 1901.

<span class="mw-page-title-main">Gold Coast (region)</span> Coastal region of West Africa known for its natural resources

The Gold Coast was the name for a region on the Gulf of Guinea in West Africa that was rich in gold, petroleum, sweet crude oil and natural gas. This former region is now known as the country Ghana.

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<span class="mw-page-title-main">Dominion of Ghana</span> Ghana between 6 March 1957 and 1 July 1960, before it became a republic

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<span class="mw-page-title-main">Queen of Ghana</span> Elizabeth IIs reign in Ghana from 1957 to 1960

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<span class="mw-page-title-main">Northern Territories of the Gold Coast</span> British protectorate in west Africa between 1901 and 1957

The Northern Territories of the Gold Coast, commonly known as the Northern Territories, was a British protectorate in Africa from 1901 until 1957. The protectorate was administered by the Governor of the Gold Coast under a Chief Commissioner residing at Gambaga. A number of treaties were concluded in the name of Her Britannic Majesty with the Chiefs of Bona, Dagarti, Wa and Mamprusi at Gambaga. These treaties were made in 1896. Under the treaties, the Chiefs agreed not to conclude treaties with any other Power or to cede territory or to accept protectorates without the consent of Her Britannic Majesty. The Northern Territories were constituted as a district in 1897. The Northern Territories were formally established as a protectorate in 1901 under the Northern Territories Order in Council 1901 made on 26 September 1901. The Northern Territories remained a protectorate until the Ghana Independence Act 1957 annexed the Northern Territories by providing that the territories included immediately before 6 March 1957 in the Gold Coast should, as from that day, form part of Her Majesty's dominions by the name of Ghana.

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<span class="mw-page-title-main">Ghana–United Kingdom relations</span> Bilateral relations

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References

  1. "THE GOLD COAST (GHANA): MINISTERS AND OFFICIALS III<subtitle>THE KEY TO RESPONSIBLE GOVERNMENT</subtitle>". Parliamentary Affairs. 1956. doi:10.1093/oxfordjournals.pa.a054448. ISSN   1460-2482.
  2. 1 2 3 4 5 6 7 8 9 10 11 de Smith, S. A. (July 1957). "The Independence of Ghana". The Modern Law Review . 20 (4): 347–363. doi: 10.1111/j.1468-2230.1957.tb00448.x . JSTOR   1092185.
  3. 1 2 3 "The Legislation Providing for the Grant of Independence to Ghana". Journal of African Law . 1 (2): 99–112. Summer 1957. doi:10.1017/S0021855300000176. JSTOR   745294. S2CID   249895708.
  4. "GHANA INDEPENDENCE BILL (Hansard, 11 December 1956)". api.parliament.uk. Retrieved 6 March 2024.