Kosi Kedem writes to Constitutional Review Committee  on Ghana-British Togoland union issue

General Kutu Acheampong, one of Ghana’s rulers, was reputed to have declared that “Ghana will not concede an inch of her territory to anyone.” I guess the General was, at that time, thinking about British Togoland, fearing that Ghana might lose her.

I think this declaration was followed almost immediately by the introduction of the repressive Supreme Military Council Decree of 1976(SMCD20). But, frankly speaking, no country seems to be claiming the territories of Ghana; not even Ghana’s neighbours, Cote d’Ivoire, Burkina Faso or Togo.

Ghana’s (former Gold Coast) territories have always been safe and intact. It was, however, unfortunate that Ghana was, more or less, “coerced” by Britain to illegally annex or occupy the former UN Trust Territory of British Togoland (British Togoland) without any credible constitutional and democratic process.

“Coerced” because the Gold Coast did not take part in the May 1956 Plebiscite to determine the union issue. Nor was it ever officially or formally consulted on the Ghana-Togoland Union issue. Because of that, to date, no one can tell what the views of the Gold Coast on the Union are.

It is interesting and ironical that the General would not concede an inch of Ghana’s territory while at the same time Ghana had illegally occupied the whole of British Togoland, and not only an inch! Why illegal? What, for instance, is there to show or what legal instrument(s) or constitution is there to prove that British Togoland is in ‘union’ with Ghana? Absolutely none!

The Attorney General of Ghana (2008) summed it up thus “I am not sure there was a Union Document.” But political unions are expected or supposed to be supported by written Documents, Agreements or Deeds. In fact, the nearest written document to a union is UN Resolution 1044(XI) that approved the Ghana-British Togoland Union, not integration, between Ghana and British Togoland.

Unfortunately, this indispensable foundation Resolution has never been part of Ghana’s Constitutions. The Constitution Review Committee (CRC) should correct this anomaly by amending the Constitution to find a dignified and honorable place for UN Resolution 1044(XI). Perhaps, the 1957 Ghana Independence Act could be cited. But it is a known fact that that document was/is wrong, inappropriate and irrelevant to the Ghana-British Togoland Union.

There is nowhere in that Act where a mention or reference is made to the Ghana-Togoland Union. Check. Ghana was made by Britain to occupy British Togoland under the 1957 Ghana Independence Act which Dr. Nkrumah and the CPP described as an “imposition.” The fact is that the people of Togoland, on 9th May 1956, voted to join their territory in a UNION, not integration, with Independent Gold Coast (Ghana), not the Gold Coast.

This historic decision was supported by UN Trusteeship Council Resolution 1496(VIII) and approved by UNGA’s Resolution 1044(XI). The 9th May 1956 vote of British Togoland was never meant to be end in itself. It should have been consummated or concretized by a constitution, but that did not happen.

A Union should have been established, but surprisingly Britain imposed integration on British Togoland under the inappropriate and wrong 1957 Ghana Independence Act. The decision for a Union was clear and straight forward and should have been accepted, recognized and implemented without any quarrel or doubt, but for the insincerity and double standards of Britain, the Administering Authority, of Togoland.

It must be noted that Union is not the same as integration. It makes all the difference in political life as to which of the two, union or integration, is adopted. The distinction between the two is too obvious to be mixed up, taken for granted or exchanged. The integration imposed on Togoland by Britain was wrong, unfair and unjust, in fact, immoral. It must be rectified or corrected and replaced by a Union, which the people of Togoland voted for, supported by UN Trusteeship Council Resolution 1496(VIII) and approved by UN Resolution 1044(XI).

Inexplicably and sadly, instead of changing the illegal integration into legitimate union, successive governments of Ghana have been in denial. They have unfortunately introduced obnoxious and repressive laws like Preventive Detention Act (PDA) and Supreme Military Council Decree (SMCD20) to intimidate the people and support and sustain the integration.

General Kutu Acheampong should not be worried that the territories of Ghana are being contested or claimed by Ghana’s neighbours; because they are not. What he and other rulers of Ghana should worry about is Ghana’s illegal occupation of the UN Trust Territory of Togoland (British Togoland).

CRC should help to correct this anomaly. Where there is an understanding and goodwill, this illegal occupation could easily be corrected through diplomacy, negotiation and dialogue. It is the task of the Constitution Review Committee (CRC) to bring about this understanding and goodwill and, in fact, effect the necessary changes in the Constitution.

No, no and no, British Togoland is not asking or fighting for separation or secession from Ghana as it is being peddled by her detractors and enemies! Note that she voted for Union! Her main aim in the struggle is to ensure that she gets what she voted for on 9th May 1956, that is, Union with independent Gold Coast (Ghana).

Further to this, British Togoland also wants to ensure that the Ghana-British Togoland Union, as prescribed by UN Resolution 1044(XI) and supported by UN Trusteeship Resolution 1496(VIII), is properly and legally established and a Union Document enacted for it.

It is being suggested here that the CRC should take this Ghana-British Togoland Union case more seriously, especially, as the UN Office of Legal Affairs(2008) claims there is no record of the Ghana-Togoland Union Document in their database; the Attorney-General of Ghana(2008) admits that he is not sure if there is a Union Document; His Lordship the Chief Justice(2020) claims the Union issue is not a judicial question; the Constitution Review Commission(2010/11) advised government to provide another avenue to offer political solution to the problem and the British Government has stated that the matter is under the sovereignty of Ghana.

A passionate appeal is, hereby, made to the conscience of Constitution Review Committee (CRC) to find ways to include or accommodate UN Resolution 1044(XI) in the Constitution(s) of Ghana in order to provide written evidence that there is, at least, a ‘union’ between Ghana and British Togoland. That is what Conventional Wisdom is saying. At any rate, “Conscience is” said ”to be an open wound, only truth can heal it.”

The views expressed in this article are the author’s own and do not necessarily reflect The Chronicle’s stance.

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