Constitution of the Fante Confederacy

Explanation and Analysis of the Document

The main objectives of the Constitution of the Fante Confederacy, as stated in the letter to the secretary of state for the colonies, were to enhance the economic, political, and social development of the Fante (called “Fanti” in the document). The constitution sought to improve the living standards of the people through the implementation of educational and industrial projects. The architects of the constitution were members of the growing educated class, who were familiar with the advances made by the Western European powers. They clearly saw in industrialized European countries examples of what their societies could achieve. The constitution, which is excerpted here, has forty-three articles, covering a broad range of issues. The most important of these issues are unity; economic, political and social development; and the creation of a legal system.

Preamble and Articles 1–8

The constitution's preamble and Articles 1 through 8 focus on the issue of unity. The Fante states, for a large part of their history, were fragmented. This made them vulnerable to the incursions of the Ashanti kings. The constitution demonstrates that the kings and chiefs of the Fante states understood that only by creating a united front could they hope to maintain their independence. They recognized, moreover, that they could pursue their goals only if they had a politically stable environment. To this end, the constitution created an administrative system for the confederacy with certain key offices, namely, a president, vice president, secretary, undersecretary, treasurer, and assistant treasurer.

Article 8 spells out the goals of the confederation. The goals included but were not limited to fostering amicable relations among the various kings and chiefs of the Fante, creating an education system that would produce an informed and well-qualified group of public officials, opening up the hinterland to trade through the establishment of infrastructures such as roads, and ensuring economic development through industrialization and research into improved crop yields.

Articles 9–20

In articles 9 through 20, the constitution created additional offices that were designed to facilitate the implementation of the policies of the Fante Confederacy. First, the constitution created an executive council. The articles also introduced the principle of representation into the system. For example, the kings and chiefs were each to have two representatives, “one educated, the other a chief or headman of the district of such king and principal chief.” All of the representatives would form a legislative council, which would be responsible for enacting laws. The assembly was to give a report of its activities at the end of every year.

Three aspects of articles 9 through 20 are particularly fascinating. First, the constitution provided for collaboration between members of the educated elite and the traditional political elite, as representatives of the people. It was clear that only through collaboration could the needs of the people be met. Second, the Representative Assembly was expected to present an annual report of its activities every October. The presentation of an annual report was considered important because it would ensure accountability. Third, and perhaps most important, the constitution imposed limits on the powers of the king. For example, article 18 states “that the king-president shall not have the power to pass any, or originate any laws … nor create any office or appointment, excepting by and under the advice of the ministry.” Furthermore, article 20 stipulates that “members of the Ministry and Executive Council hold office for three years” and that the National Assembly could re-elect all or any of them or appoint others in their place.

Articles 29–43

Articles 29–43 provide the framework for a judicial system. For example, article 29 states that “provincial assessors” were to be appointed in “each province or district, who shall perform certain judicial functions.” The constitution goes on to say in article 34 that it would be up to the undersecretary “to hear and determine, with an assistant appointed by the Secretary, cases which may be brought from the provincial courts” and “to arrange important appeal cases for the hearing of the Executive Council, which shall constitute the final court of appeal of the Confederation.” Article 38 stipulates that the “Ministry and Executive Council” were to “hear, try and determine all important appeal cases brought before it by the under-secretary, option being allowed to any party or parties dissatisfied with the decision thereof to appeal to the British Courts.” There is no question that the framers of the constitution recognized the importance of a legal system to the smooth running of any society. This probably explains why they established not only courts in the provincial states but also a system of appeals. It is also interesting to note that the constitution still recognized the British courts as the final arbiter in all judicial matters. As is stated in article 43: “The officers of the Confederation shall render assistance as directed by the executive in carrying out the wishes of the British government.”