GHANA ASSOCIATION IN SIERRA LEONE - CONSTITUTION

 

GHANA ASSOCIATION IN SIERRA LEONE (GAS)

  

[MEMBERSHIP]

 

CONSTITUTION

 

© December, 2023.

 

  

ARTICLE [I]

 

The Constitution shall become effective upon approval of two-thirds of the Membership and the signatory of the Chairman, dated.

 

Name of the Chairman………………………………………………………………

 

Signature

  

ARTICLE [II.] NAME AND PURPOSE

SECTION A.

[1] The official name for this organization is the GHANA ASSOCIATION IN SIERRA LEONE (GAS).

[2] This organization will use the name and its acronym “GAS” in all publicity materials and correspondence.

 

SECTION B.

[3] The purpose of this organization, is to promote and protect the welfare of the members, as Ghanaians, as well as Sierra Leonean-Ghanaian Blood lineage, within Sierra Leone.

[4] All activities of this organization must be directed towards this purpose.

 

ARTICLE [III.] MEMBERSHIP

SECTION A. REQUIREMENT

[5] All admitted members, will be assessed and evaluated by a three-member standing committee, under the authorization of the Chairman, to certify the validity of their Ghanaian origin.

[6] All admitted members, are required to demonstrate support for this organization.

[7] Membership decisions, will not discriminate based on sex and gender identity.

[8] All members are required, to pay a fee for annual membership prior to taking part in any organization activity.

[9] A qualified member is someone admitted into this organization, with good standing in the payment of his/her membership annual subscription, and of goodfate.

[11] The annual fee subscription proposal, shall be developed by a five-member committee, as an ad hoc constituted committee, under the authorization of the Chairman, with their proposal subjected to voting, by a two-third membership vote of approval.

 

SECTION B. RIGHT

[12] All qualified members, are required to attend all meetings and events of the organization.

[13] If a fee is charged, to attend particular events of the association, the Chairman will institute a three-member ad hoc committee, with the responsibility to establish a fee scale for voting members, non-voting members, and others as deemed appropriate.

SECTION C. WITHDRAWAL OF MEMBERSHIP

[14] Members may have their membership withdrawn, for failure to adhere to the requirements and condition for membership as outlined in Section A.

[15] A simple majority vote of the quorum of membership, at a regular or special meetings, shall be sufficient to withdraw membership.

[16] Members to be voted upon, in this regard will be notified of the intention to do so in writing at least seven working days, to mount a defense where need be, before the disciplinary committee, prior to the meeting at which the vote will be taken.

 

ARTICLE [IV.] OFFICERS

SECTION A. OFFICERS TITLES

- Chairman

- Vice Chairman

- Secretary

- Treasurer

- Organizer

 

SECTION B. DUTIES

[17] The Chairman, will ‘Chair’ all the meetings of ‘GAS’, and will call special meetings as needed. The Chairman will vote on ‘GAS’ matters only in case of a tie.

[18] The Vice-Chairman, shall ‘Chair’ any ad hoc committee or task forces of the organization; as well assume the duty of the Chairman in his/her absence.

[19] The Secretary, shall take records and file meeting minutes, and produce all official correspondence for the organization. And officially serve as the Bank signatory with the Chairman of the organization.

[20] The treasurer, shall maintain records and reports on the financial transactions of GAS.

[21] The organizer, shall direct the planning of the organization’s events and social programs.

 

SECTION C. REQUIREMENTS FOR RUNNING FOR AND HOLDING OFFICE

[22] All officers and candidates for office, as at the year two thousand and twenty-three AD are recognized and appointed by Ghana consulate in Sierra Leone, to hold office for the first –four years unless circumstance demands for resignation.

[23] On the 15^th of December, two thousand and twenty-seven of the year of our Lord, an election shall be conducted, to vote for officers either to sustain the current office, as their first term or replace them with new candidates, as the circumstance shall permit.

[24] Every elected officer qualifies, for only two terms in office. With the election to vote for office; is a requirement that all eligible officers, must be voting members.

 

SECTION D. NOMINATIONS AND ELECTIONS

[25] Nomination for all offices, shall be conducted at the officially agreed meeting Hall, of the organization on the 15^th of December, as the Organization's election date every year.

[26] Any member, may nominate any other qualified member, including himself or herself.

[27] A simple majority vote, of the quorum at the Election meeting, will be sufficient to elect an officer. If there are more than two candidates, and no candidate receives a majority votes, then, there will be a run-off vote, between the top two voted recipients, in the general meeting.

 

SECTION E. REMOVAL FROM OFFICE

[28] Officers may be removed from office, for failure or inability to perform duties, or for violation of membership clauses.

[29] Officers to be voted upon in this regard, will be notified of the intention to do so in writing, at least fourteen working days, granting them their right to legitimate defense, prior to the meeting at which the vote will be taken.

[30] A two-thirds majority of quorum, present at a regularly scheduled meeting, shall be sufficient for removal of an Article IV Officers, from office.

[31] Any officer may resign, by submitting a letter to the Chairman. However, the Chairman may resign, by submitting a letter to the Ghana Consulate of Sierra Leone.

 

SECTION F. TERMS OF OFFICE AND VACANCIES

[32] The term of office, shall be in every two years, beginning and ending on every fifteenth of December on the annual calendar.

[33] Should a vacancy in office occur, prior to the designated time, there will be another nomination, and election for the vacant office, as the circumstance shall permit.

[34] An eventuality where a vacancy in office occurs, prior to nomination and election, for that vacant office, the associated office below the vacant office, shall promote it officer, deemed qualified, to assume the vacant office, as an interim officer-in-charge, until an elected officer assumes the post.

ARTICLE [V.] MEETINGS

SECTION A.

[35] Regular meetings will be held in the second, and the fourth week of every month, precisely on Sundays, in the evening noon, as the circumstance shall be appealing, to the greater percentage of membership.

[36] Special meetings may be called by the Chairman, with a ‘Notice of special meetings’ communicated to all members, at least seventy-two hours by the Secretary, in advance of the meeting.

[37] To conduct business at any meeting, two-third of the entire voting membership, must be present to form a quorum.

 

ARTICLE [VI.] COMMITTEES

SECTION A.

[38] The organization shall have four standing member committees, therein;

i. Program-Event Committee

ii. Membership Admission Committee

iii. Election Committee

iv. Disciplinary Committee

 

i. Program-Event Committee (PEC)

The major purpose of ‘PEC’, is to plan and organize events for the organization to promote its agenda and fundraising.

ii. Membership Admission Committee (MAC)

The major responsibility of ‘MAC’, is to admit credible members in line with the organization’s vision and mission. As well supervise their inauguration under ‘PEC’ towards membership full adoption at ‘GAS’.

iii. Election Committee (EC)

This committee shall be responsible, for all nomination procedures and voting events of GAS.

iv. Disciplinary Committee (DC)

This committee shall be responsible for membership misconducts and breaches, of the constitutional rules of the organization, and recommend appropriate punishment for membership, as assigned in voting.

[39] Any other Committee to be constituted, by the Chairman, beyond ‘Article V’ Committees, for special purpose duty-vehicle, within the organization, will be considered as, an ad hoc committee under this constitution.

 

ARTICLE [VII.] AFFILIATIONS

SECTION A.

[40] This organization recognizes, and understands that it holds its legal liability for actions, though an affiliate of Ghana Consulate in Sierra Leone, thus, provides no blanket indemnification insurance coverage, for any activities of the organization.

[41] The Ghana Association in Sierra Leone, is an umbrella body, with its constituents of Freetown Chapter, Makeni Chapter, Bo Chapter and Kenema Chapter.

 

ARTICLE [VIII.] BY-LAWS AND AMENDMENTS

SECTION A.

[42] By-laws can be added to this Constitution, by a simple majority vote of the entire membership at regular meetings of GAS.

[43] This Constitution takes precedence over any by-laws.

[44] The Constitution of the Republic of Sierra Leone, and National regulatory laws take precedence over this constitution, and any added by-laws.

 

SECTION B.

[45] This Constitution shall be amended by a two-thirds votes, of the entire membership at regular meetings of GAS.

[46] Notification of such a motion, shall be undertaken by the ad hoc committee of the Constitutional review; and must be made known to members, at least thirty working days in advance, before the actual votes are taken.

[47] All amendments of this Constitution, where need be, will be conducted under a constitutional review ad hoc committee, in compliance with the regulatory procedures thereof.

 

ARTICLE [IX.] FINANCIAL MATTERS

[SECTION A]

[48] All financial transactions of the organization, shall be conducted under a commercial license Bank account in Sierra Leone. With those transactions lacking formal validations, and unconfined in financial circle, is required to be backed with legitimate receipts for records, as the circumstance could permit.

[49] The treasurer, serving as an accountant of the organization, shall give quarterly account reports to the Membership, in general meetings.

[50] The entire account transaction of the association, will be subjected to an external audit, annually, and reported to the membership, by the secretary at Annual General Meetings (AGM).

 

  

GAS CONSTITUTION © December 2023

Sponsored and Authored By:

 

 † Emmanuel Tweneboah Senzu, DBA, PhD. SJD.

Professor of Constitutional Law and Economic Criminology, J. Reuben Clark Law School, Brigham Young University, Utah, USA. Cross-Departmental fellow, University of Ghana and Central University Faculty of Law.  Former fellow to the Law School, Fourah Bay College, University of Sierra Leone. Executive Director, Blackstone Africa-Asia Jurists Center.

 

 

 

 

 

A REJOINDER TO THE SUPREME COURT AND PARLIAMENT OF GHANA INSTITUTIONAL DEBACLE

 [ DECLARATORY Vs. ENFORCEABLE JUDGEMENT ] 4^th November 2024 Controversial Case Law #[Reposted Article]

We must take into cognizant that, the adopted practice of certain legislatures, cum lawyers, dragging the entire Institution of Parliament, as the second arm of Government to the orbit of Judicial Institution, as the third arm of Government, thou, claiming or demanding an enforceable Judgement upon her, is a misguided practice, and misleading Constitutional doctrine. The highest decree of the Supreme Court, against an entire Parliamentary Chamber  functions, under the Constitution, should be a ‘Declaratory Judgement’, never ‘Enforceable Judgement’.

Acknowledging the fact that, the adopted Constitutional framework in practice across Africa, is an Anglo-American rendition.

For such reason, it is essential to remind ourselves as legal scholars, that in the tradition of constitutional practice, all branch of government are assigned a role of being a final arbiter of disputes. Which grant each branch to be authoritative interpreter for some constitutional provisions, as argued by Prof. Edwin Meese [1980], who was serving as the Attorney General of the United States in that period, which I quote him as follows, 

“Each of the three coordinate branches of government are created and empowered by the Constitution- the Executive, and the Legislative, no less than the Judicial-has a duty to interpret the Constitution, in the performance of their official functions.”

Therein, proceed further with a famous articulation from the third President of the United State, Thomas Jefferson, who equally was a renowned Lawyer, and in his writing to the former first lady of the United States, Abigail Adams, known to be the wife, and the closest advisor of the second President of the United States, which I quote;

“Nothing in the Constitution has given the Judges, a right to decide for the Executive, more than the Executive to decide for them. The Judges, believing the law as constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the Constitution. The Executive, believing the law to be unconstitutional was bound to remit the execution of it, because that power has been confided to ‘them’ by the Constitution. That is what the Instrument of the Constitution meant, when it state, the coordinate branches should be checks on each other. 

Thereby, to hold an opinion that, the Judges have the right to decide what laws are constitutional, and what is not, not only for themselves in their own sphere of action, but for the Legislature, and Executive in their spheres, would make the Judiciary a despotic branch.”

For the purpose, and Interest of the case law development within West Africa legal system, it is of necessity to examine whether, the submitted case to the Supreme Court of Ghana, met the threshold of Judiciability, per the debacle between the Chief Justice, and the Speaker of Parliament.

The concept of Judiciability doctrine, as a constitutional theory, was birth in the most developed legal system in the world, because of the associated challenges within government, due to the separation of Powers, which was perfectly espoused in the words of Chief Justice Early Warren, in the case of  Flast v. Cohen [1968], and I quote, 

“ Cases and Controversies of the Law, define the role assigned to the Judiciary, in a tripartite allocation of power, to assure that the Courts will not intrude into areas committed to other branches of government. With the Courts reminding itself, it has limited political capital, because it depends on other branches, to voluntarily comply with Judicial orders, and such acquiescence depends on the Judiciary’s credibility.”

Therefore, to reason through the debacle, thus, submit the following rhetorical questions;

i. Whether or not, the controversy within the Parliamentary Chamber, met the threshold requirement of Judiciability doctrine, for the Supreme Court to intervene and adjudicate. 

ii. Whether or not, the controversy best suited for Judicial resolution. 

iii. Whether or not, the controversy had a non-constitutional grounds, for a decision and resolution. 

iv. Whether or not, the controversy in the Parliament chamber, had a precedence and procedures, to resolve in the wisdom of legislative rules and instrument. 

v. Whether or not, the controversy had a ‘genuine’ adversary issue between the established parties, to be resolved by the Court. 

I herein submit, when a pursued interest clothed in agenda, and characterized in political doctrine of the Constitution, is masqueraded as ‘Adversary issue’ before a Court, and admitted as such, only create a tension of constitutional crisis, of an imaginary purpose, but  non-existence in reality.

 

REFERENCE

Edwin Meese III, The law of the Constitution, 61 Tul. L. Rev. 979 (1987).

Flast v. Cohen, 392 U.S 83, 95 (1968).

The writings of Thomas Jefferson 310 (Ford ed. 1897), letter to Abigail Adams, September 11, 1804.

 

  † Emmanuel Tweneboah Senzu, DBA, PhD. SJD.

Professor of Constitutional Law and Economic Criminology, J. Reuben Clark Law School, Brigham Young University, Utah, USA. Cross-Departmental fellow, University of Ghana and Central University Faculty of Law. Executive Director, Blackstone Africa-Asia Jurists Center.

MINISTRY OF LOCAL GOVERNMENT – PROPERTY VALUATION AND ASSESSORS COURSE-TRAINING

 

One acknowledgement to the long history that governs ‘Property Valuation’, either for Investment or Taxation purposes, as public records, through the writings of renowned scholars, which command attention for specialized skill of study and practice. Thou, has become necessary to realize, the sensitivity of the work of ‘Valuers’ who count on their skills, professionally, for accurate assessment, in the true ‘value’ of properties, using the scientific methods of quantification in costing, as well the art of qualitative method of measurement, taken into consideration ‘the property’, the location, and impact from the environs, to it pricing effects.

A poor Inspection or incorrect Judgemental value of a property, can cause severe economic damage to the owner, difficult to redeem, with a consequence of long-term Court disputes, and irreparable grievance, against the developmental impacts of a Nation. 

The competent ‘Valuers’ remind themselves, any form of Investment guarantees or taxation rating, significantly depends, on the value judgement document, from a ‘property assessor’, thereby, an incompetent valuing reports, triggers a wrongful rating fees against the property owners or facility managers, by governmental Institutions. Therein, a worthy property, will be unable to yield dividend to the owner, rather, becomes a cost burden or liability, against the sacrifices and labour commitment of the owner. Thou, by implicit, affect Community and Socioeconomic development, on a reasonable grounds that, owning property, is cost burden, with the presumption of  property rating fee, an extortion under a legal cover. A motive the training exercise, seeks to abort.

The invitation to participate in the rigour course training, if, you meet the criteria for admission, is to set the qualified candidates apart, in holding the sacred office of the Local Government property assessor, and inspection, to the highest proficiency, for the benefit of the property development industry of Sierra Leone. The training, is one of the unique extra-mural courses, of intensive study for a month, with a Job contract, available after the completion of the programme, accompanied with an issued Local Government Assessor license of practice. 

The 2^nd batch of Classes, start on the 23^rd of March 2026; in a special designed Campus for such training at the Sherrif Town, Congo street, Latter-day Saints Building, at the Bo District, Southern Province. Source for further information, <ppsp.councilproject@yahoo.com.>

The curriculum for the Course training, could be access via  https://www.academia.edu/145187679/PROPERTY_VALUATION_AND_ASSESSMENT_COURSE 

If, a member of the Church of Jesus Christ of Latter-Day Saints, expresses an interest to participate in the Course-training, after meeting the eligibility criteria, Perpetual Education Fund (PEF), has been negotiated for, and accessible, as an opportunity to apply for the grants. You could access the link via https://www.churchofjesuschrist.org/life/education/perpetual-education-fund?lang=eng

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Emmanuel Tweneboah Senzu DBA, Ph.D. SJD.

Professor of Constitutional Law and Economic Criminology, Fellow, University of Sierra Leone.

Project Consultant [etsenzu.africalaw@gmail.com.]

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 GOVERNMENTAL AGENCIES :

Ministry of Local Government and Community Affairs, access the link via < https://mlgca.gov.sl/>

Freetown City Council (The Political Administrative City), access the link via < https://fcc.gov.sl/ >

Bo District Council (The Commercial City), access the link via < https://bodc.gov.sl/ > 

 

WHISTLEBLOWING VS. DEFAMATION

 [The Preliminary]

In the data-base epoch, comes with enormous advantages, and equally, in that same measure, has presented a consequence, which strikes with ignorance and lack of understanding, of the strings that binds the ‘Right’ and ‘Responsibility’, as well the ‘Task’ and ‘Duty of Care’ in contemporary society.

[Whistle-blow]

The action of a 'whistle blower', is a deliberate and meticulous steps, taken by a person in spirit of good fate, to reveal information from private Institutions or public organizations, operational deeds, established to be, illegal, immoral, illicit, unsafe, unethical, or fraudulent. In furtherance, the action of unveiling the secret acts, should follow the due process, by furnishing the discovered  information to the ‘Rightful’ stakeholders, who have the ‘Legitimate’ authority, to respond technically on the discovered  information, for the Interest of common good. While the ‘Blower’ anonymity and security, is safeguarded in surety; and the ‘Culprit’, is apprehended, under a due process of the Rule of law, to satisfy the moral conditions of the law, in both side of the equational demands.

[Defamation]

On the other hand, defamation is an act of unveiling information, with conscious intentions, or politically calculated efforts, in pursuit of propaganda, to injure a third party’s reputation, which invoke a legally redressable injury.

And due to the objective agenda of defamation act, the communication channels, depends mostly on recipient audience, subtle to manipulation, and appeal to the persuasive context, of the delivered information.

Defamation law, in response to the defamation act, has a long history, dating back to classical antiquity, with ‘libel’ and ‘slander’, being legal subcategory of defamation act, thou, gave birth to, it doctrine of common law, in the late 18^th century of England, which led to the Act of 1881 French defamation law, the Slander of women Act 1891 of England, and the charge against, defamation of a Public figure, U.S. Supreme Court decision on the 1964 case, New York Time Co. Vs. Sullivan.

 

 REFERENCE TO FURTHER SOURCES

I. Johnson, R. A., Whistleblowing; when it works and why. Lynne Rienner Publishers. 2022, ISBN:978-1-58826-139-7.

II. Salmon, W. J., The law of Torts: A treatise on the English law of Liability for Civil Injuries. Stevens & Haynes Publishers. 1907, p.385.

 

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Photo, is the Courtroom of International Court of Justice © ICJ Archival Library

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Emmanuel Tweneboah Senzu, DBA, Ph.D., SJD.

Professor of Constitutional Law and Economic Criminology, fellow, University of Sierra Leone. Fulbright Research Fellow, J. Reuben Clark Law School, Brigham Young University, USA.