ABSTRACT

This chapter traces the unique history of Ghana and its people, briefly profiles some of its popular leaders such as Kwame Nkrumah and Jerry Rawlings, and discusses its independence from Britain. It also concentrates on Ghana’s colonial legacy and the legacy impact on the rule of law for ordinary citizens, both in the past and the present. Using the major driving forces undergirding the rule of law identified in Chapter 2, the chapter extensively discusses how the confluence of each driver and colonial legacy influences the rule of law and impacts the lives of ordinary Ghanaians.

Among others, the chapter finds that Ghana’s political stability is in large part due to its current 1992 Constitution that not only offers many durable provisions for political governance but also protects its citizens’ fundamental rights. While Ghanaians were not direct participants in making the current constitution, they have the right to assent to any constitutional amendment, thus affording the “constitution making” a legitimate enterprise. There is an independent judiciary that seems to be asserting itself, notwithstanding having within its ranks some “bad apples” engaged in corrupt practices. However, the Ghanaian police force does not appear to be transitioning from its colonial legacy of being used as a paramilitary force. Meanwhile, the Ghanaian military seems to be going in the opposite direction from the police force and acting as a professional entity. The chapter concludes that, overall, for many average Ghanaians, the rule of law seems to be thriving on many levels, but corruption seems to keep getting in the way.