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1 Distribution of Powers and Functions in Collegium System of 2 Governance in the Ancient and the 1992 3 Constitutional Provisions of the Republic of Ghana 4 5 In ancient , the term Collegiate (collegium) generally referred to of 6 persons united by the performance of religious rites or by the practice of a common 7 profession, be it politicians, businessmen, and the likes. In the era of the Roman 8 Empire, the collegia functioned only with government authorization. The Roman 9 policy of Collegiality – having dual members to serve in the same post to insure the 10 checks on power balance – has found its way into the constitutional governance of the 11 Republic of Ghana. Thus, the policy of having even numbers (two, eight, and sixteen 12 as in the case of ) of members in the same post is not lost to contemporary 13 political considerations. With the method of thematic and content analysis of the 1992 14 Constitution of Ghana and drawing comparisons and reflections of the Roman policy 15 of collegium, this article postulates that the policy of collegial governance is 16 verisimilitude in the constitutional provisions and governance of the Republic of 17 Ghana, and that, apart from few differences, the system of collegiality is still in use in 18 modern democratic governance. 19 20 Keywords: Distribution of Powers and Functions, Collegium System of Governance, 21 the Roman Republic, 1992 Constitutional Provisions, the Republic of Ghana 22 23 24 Introduction 25 26 One of the issues that make the study of ancient Roman civilization 27 interesting has to do with the method of governance. The Roman political 28 practices are too broad and complex to behold at a glance. However, by 29 focusing on some aspects of the whole set of their governance practices, one 30 can decode the complexities associated with and arrive at a logical 31 understanding as to why the Romans embarked on some policies of 32 governance. One of the aspects this article focuses on is the Roman policy of 33 collegiality. For this reason, the article examines the Roman political practice 34 of collegiality and shows its reflections in the democratic dispensation of the 35 Republic of Ghana. The focus of the discussion will be on the Roman 36 magistrates and their compositions, functions, and how within the various 37 magistracies, college (or colleague) members interacted with each other to 38 achieve the same goals in shaping the constitutional governance of Rome. In 39 the Constitution of the Republic of Ghana, the areas that I will draw 40 comparisons or juxtaposition will include but not limited to the Executive arm 41 of government (the President and the Vice-President and Cabinet ministers); 42 the Parliament; Parliamentary Select Committees; the National Media 43 Commission; and the Electoral Commission. 44 45 46

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1 Methodology 2 3 The methods employed for this study have been content, thematic, and 4 comparative analysis. According to Palmquist (1990), content analysis is a 5 study instrument used to determine the occurrence of certain words or concepts 6 within texts or sets of texts, from business to political science.1 Content 7 analysis has been used to detect the existence of propaganda (publicity) of the 8 term collegium, identify the intentions for collegium governance, groups or 9 institutions the concept is applied, and determine the psychological or 10 emotional state of persons or institutions involved so far as power distributions 11 are concerned.2 12 Thus, I have used content analysis to identify the intentions of the 13 introduction of the policy of Collegium and how the policy is repeated or used 14 in modern constitutional practices of the Republic of Ghana. The method is 15 also used to analyze the presence, meanings, and relationships of such term – 16 collegium, collegial, colleagues collegia, college, collegiality, equality – in 17 by making inferences about the functional roles through content 18 analysis’ basic methods such as conceptual analysis (by tracing the existence 19 of the concepts in Roman political institutions), and relational analysis (by 20 examining the relationships of the usage and application of the terms among 21 other concepts in the constitution of Ghana).3 Thus, with these two methods 22 within the content analysis, I have been able to conceptualize the functional or 23 purposeful meaning of the term collegium by relating to other institutional 24 establishments in the 1992 Constitution of Ghana. 25 The thematic analytic method has also been used since it helped to 26 identifying, analyzing, and reporting key emerging patterns within the Roman 27 political practices and the constitution of Ghana so far as themes or terms such 28 as equality, fairness, justice, transparency, checks, and balances are 29 concerned.4 Thematic analysis was useful for this study because, with the 30 technique of interpretation, analysis, and comparison, I have simplified the

1J. Beard, and A. Yaprak, “Language Implications for Advertising in International Markets: A Model for Message Content and Message Execution,” (Ann Arbor, MI., 1989); B. Berelson, Content Analysis in Communication Research, (New York: Hafner Publishing Company, 1971); WCE, An Introduction to Content Analysis, (N.p., 2004). 2B. Berelson, Content Analysis in Communication Research, (New York: Hafner Publishing Company, 1971); R. W. Budd, R. K.Thorp, and L. Donohew, Content Analysis of Communications (New York: Macmillan Company, 1967); T. F. Carney, Content Analysis: A Technique for Systematic Inference from Communications, (Winnipeg, Canada: University of Manitoba Press, 1972). 3K. Carley, “Content analysis.” In R.E. Asher (Ed.). The Encyclopedia of Language and Linguistics, (Edinburgh: Pergamon Press, 1990); I. de Sola Pool, Trends in Content Analysis, (Urbana, Ill: University of Illinois Press, 1959); M. E. Palmquist, The Lexicon of the Classroom: Language and Learning in Writing Class Rooms, (Carnegie Mellon University, Pittsburgh, PA, 1990); writing.colostate.edu (WCE), An Introduction to Content Analysis, (N.p., 2004); R. P. Weber, Basic Content Analysis, Second Edition. (Newbury Park, CA: Sage Publications, 1990). 4M. I. Alhojailan, “Thematic analysis: A critical review of its process and evaluation,” West East Journal of Social Sciences, 1(1) (N.p, 2012), 39-47.

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1 application of the terms colleagues, college, and collegiality to mean one thing 2 – equality – within the Roman and Ghanaian context.5 By so doing, the 3 contributions that the literature provides, challenges, similarities, and 4 dissimilarities of the application of the concept collegium have been the main 5 focus of the study without extensive digressions. 6 7 8 Conceptual Clarification of Collegium (Collegiate) 9 10 In ancient Rome, the term Collegiate (collegium) generally referred to 11 corporations of persons united by the performance of religious rites or by the 12 practice of a common profession, be it politicians, businessmen, and the likes. 13 Stated differently, collegia (college) or collegium (collegiate), in ancient Rome, 14 were of various types including religious, priestly (such as the Pontifices, 15 Augures, Fetiales, and ), trade, veteran, and funeral collegia.6 From the 16 first century B.C., the collegia, and particularly the trade collegia and 17 neighborhood collegia, uniting freedmen and slaves interfered in political life; 18 this led to their periodic ban (for example, after the First Catilinarian 19 Conspiracy in 66 B.C.).7 20 However, in the era of the , the collegia functioned only 21 with government authorization. Paul A. Bishop in his Rome: Transition to 22 Empire, defines ‘Collegiality’ in this period as the Roman policy of having 23 dual members serve in the same post to insure the check on power balance. For 24 the Romans, the term collegium could also mean having even numbers (two, 25 eight, and sixteen as in the case of praetors) of members in the same post. The 26 main idea for the introduction of such policy and the term was to make sure 27 that over-ambitious elected political figures do not abuse their powers. In this 28 paper, I have used the terms collegium, collegia, college, collegiality, collegial, 29 and colleagues interchangeably to mean the same thing – members of equal 30 position, functions, and responsibility. 31

5V. Braun, and V. Clarke, “Using Thematic Analysis in Psychology.” Qualitative Research in Psychology, 3 (N.p, 2006), 77-101; M. Maguire, and B. Delahunt, “Doing a Thematic Analysis: A Practical, Step-by-Step Guide for Learning and Teaching Scholars.” All Ireland Journal of Teaching and Learning in Higher Education (AISHE-J), 8 (3. (N.p., 2017), 3351- 33514. 6E. M. Shtaerman, “Rabskie kollegii i familii v period imperii.” Vestnik drevnei istorii, 3 (1950); M. Lorenzen, “Collegiality and the Academic Library.” E-JASL: The Electronic Journal of Academic and Special Librarianship 7, 2 (2006). 7Marcus Tullius , The Orations of Marcus Tullius Cicero, trans. C. D. Yonge, and Henry B. Bohn, (1856); H. H. Scullard, and M. Cary, A down to the reign of Constantine, 3rd edit (Hong Kong: Macmillan Education Ltd., 1979).

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1 The Practice of Collegium within Rome’s Established Institutions, and Functions 2 3 Within the Roman political practices, collegium was the practice of having 4 at least two people, and always an even number, in each magistrate position of 5 the . Reasons were to divide power and responsibilities among 6 several people, both to prevent the rise of another king after the overthrow of 7 the last Roman king, Lucius Tarquinius, in about 509 BC by the Roman 8 nobility,8 and to ensure more productive, responsible, and accountable 9 magistrates. Examples and areas of the Roman political practice of collegiality 10 are seen in the office of the consuls; praetors; ; ; ; 11 censors; and the Senate itself. I shall, therefore, discuss into detail how the 12 term collegium operated or was applied in each of the magistrates and offices. 13 In the Roman political practice, the chief magistrate was the consul. Two 14 consuls were in office at the same time. Both consuls saw themselves as equals 15 since they exercised equal power. The consuls’ term of office was one year. 16 Until Sulla reformed the office in 81 B.C., the consul’s major role was as a 17 military commander. Thus, the two consuls would leave the city in order to 18 conduct military campaigns. Before leaving the city and after returning to the 19 city, the consul performed several civilian functions.9 He might conduct 20 elections of other officials such as censors; he might discuss issues in the 21 senate; he might propose legislation; he might preside over certain trials as a 22 judge; he could appoint a dictator (although the senate appears to have had 23 some role in this appointment as well). After 81 B.C., the consuls’ military role 24 was deemphasized. Others (often called ) were appointed to conduct 25 military campaigns, and consuls stayed in Rome and discharged their civilian 26 duties.10 Consuls could veto each other’s actions but preferred to cooperate 27 since they wield equal authority or power.11 28 What was the purpose of electing two colleagues to serve as heads in 29 the same magistracy? The logic behind this is that these two colleagues 30 forming the ‘ college of consuls’, were to veto each other’s measures and 31 action most especially if the Roman Republic will not benefit from it. Their 32 primary duty for being elected into power was to ensure that the interest of the 33 republic is served first before any other private matters. Moreover, it was also 34 to ensure checks and balances in the Roman political dispensation since each 35 one of the consuls monitored the activities of the other. It was also to ensure 36 the smooth running of the affairs of the state since the conflict of interests is 37 unlikely to set in. It, therefore, became necessary and prudent for the Romans 38 to introduce such practices into their political dispensation. However, consuls

8H. H. Scullard, and M. Cary, A history of Rome down to the reign of Constantine, 3rd edit (Hong Kong: Macmillan Education Ltd., 1979). 9F. F. Abbott, A History and Description of Roman Political Institutions (N.p: Elibron , 1901); H. H. Scullard, and M. Cary, A history of Rome down to the reign of Constantine, 3rd edit (Hong Kong: Macmillan Education Ltd., 1979). 10H. H. Scullard, and M. Cary, A history of Rome down to the reign of Constantine, 3rd edit (Hong Kong: Macmillan Education Ltd., 1979). 11E. A. Posner, “The Constitution of the Roman Republic: A Political Economy Perspective.” Public Law & Legal Theory Working Paper No. 327 (University of Chicago, 2010), 7-8.

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1 sometimes placed their interest first and executed it provided he gets the 2 support of the or the fighting men (the legion), as seen in the 3 case of the consulship of Gaius Julius and Magnus Pompey, where 4 conflict of interest and personal ambitions led the two colleagues into conflict 5 resulting into civil war.12 6 The next department or magistracy that collegiality is featured in is the 7 office of the Praetors. Praetors were junior to consuls but very powerful 8 magistrates as well. They also served single one-year terms. Originally, there 9 was only one ; the number was increased to two around 242 B.C.; in 81 10 B.C. the number appears to have been increased to eight by Sulla.13 By the end 11 of the Republic, the number had been increased to sixteen. Surprisingly, the 12 increase in the number of Praetors was always even. Praetors had most of the 13 functions of the consul but not all. For example, they could not appoint 14 dictators. They were junior to consuls so they had to step aside when consuls 15 rejected their policies or actions.14 16 Praetors served as governors of provinces, military adjuncts to consuls, or 17 military commanders. By the mid to late Republic, all praetors had judicial 18 functions. They presided over civil and criminal trials, which gave them the 19 ability to influence the outcomes, though verdicts would be rendered by 20 juries.15 We could see that two or more colleagues in their even numbers were 21 elected to hold the office of the praetorship to monitor the practices of the 22 other college praetor(s). Ultimately, praetors who accompanied the consuls to 23 the battlefield were to ensure that the consul in command conducted himself 24 well in the interest of the Republic. In judicial matters, each praetor was to see 25 to it that his colleague member(s) in the same office do not mishandle cases to 26 disfavor the offended thereby promoting justice and fairness in adjudications; 27 and to curtail any kind of conflict of interest. 28 Another institution where we see the Roman political practice of 29 collegiality is seen in the ‘College of Tribunes’. Tribunes, unlike consuls and 30 praetors, could only be and were elected solely by plebeians. By the 31 late Republic, ten tribunes served one-year terms. Tribunes were understood to

12Cf. , The Histories of Appian, (Loeb Classical Library, 1913); Caesar, Caesar’s Civil War: Book III, (Great Britain, University Tutorial Press Ltd., n.d.); Caesar, The Conquest of Gaul, trans. S. A. Handford, (Great Britain: Richard Clay & Company Ltd., 1951); S. G. Chrissanthos, “Caesar and the Mutiny of 47 B.C.”, The Journal of Roman Studies, Vol. 91 (2001), 63-75; , Parallel Lives, trans. Bernadotte Perrin, (Cambridge, MA: Harvard University Press, 1914); Plutarch, The Parallel lives, Vol. VII, (Loeb Classical Library edition, 1916); Gaius Tranquillus, , The lives of the Twelve Caesars, (Loeb Classical Library, 1913 & Great Britain, Hazell Watson & Viney Ltd., 1957). 13H. H. Scullard, and M. Cary, A history of Rome down to the reign of Constantine, 3rd edit (Hong Kong: Macmillan Education Ltd., 1979); H. H. Scullard, From the to Nero: A history of Rome from 133 B.C. to A.D. 68. (New York: Taylor & Francis e-Library, 1982). 14W. Smith, W. Wayte, and G. E. Marindin, A Dictionary of Greek and Roman Antiquities (Albemarle Street, London: John Murray, 1890). 15H. H. Scullard, From the Gracchi to Nero: A history of Rome from 133 B.C. to A.D. 68. (New York: Taylor & Francis e-Library, 1982); W. Smith, W. Wayte, and G. E. Marindin, A Dictionary of Greek and Roman Antiquities (Albemarle Street, London: John Murray, 1890).

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1 serve the plebeians’ interests and to defend them against the patricians.16 They 2 presided over plebeian assemblies that could legislate and conduct certain 3 political actions and had the important power to obstruct or veto proceedings in 4 other bodies. Tribunes could prevent the senate from convening, veto senate 5 decrees, and stop other magistrates from performing their duties (intercessio) 6 such as proposing legislation or taking actions against citizens such as arrests 7 and prosecutions.17 8 The Romans idea of electing several colleagues to serve as tributes, a 9 magistracy that can be occupied by a single person, is fascinating. Logical 10 interpreting and understanding of the implication of the policy collegium 11 within the praetorship would do us a great favor. Since a ’s function was 12 to serve and protect the interest of the plebeians, it could be possible that an 13 election of one person to occupy such position could lead to future tyranny or 14 dictatorship if the elected praetor can manipulate the plebeians against the 15 senators or patricians to get the total protection of the plebeians to overthrow 16 the constitutional prescriptions. Due to this possible attempted tyrannical 17 tendencies, giving such huge responsibility to one person could have been 18 dangerous to the state. To prevent this, the Romans probably thought that 19 electing more colleagues with same power and function to serve as tribunes 20 was appropriate because as they championed the plebeian cause, colleague 21 members (tribunes) will equally champion the Republic’s interest by not 22 allowing a single tribute to use the people to overthrow the constitutionally 23 established government. Thus, each tribune was to check on the conducts and 24 actions of the other(s) and at the same time keeping the plebs in check. 25 Again, there were two pairs of Aediles (plebeian and curule) who had 26 similar functions. They had responsibility for maintaining public buildings 27 such as temples, streets and the water supply, and public order. They staged 28 public games. They also served as prosecutors in trials involving public law.18 29 By looking at the power and the functions wielded by the plebeian and curule 30 Aediles it makes sense that the Romans appointed two people – plebeian 31 (from the plebs) and curule aedile (from the patricians) to prevent preferentialism, 32 nepotism, discrimination, etc. Thus, the key import of selecting these two 33 colleagues to fill this office was to serve as a check on each other to ensure that 34 money distributed has been used for the purpose of which the state issued the 35 money. If a colleague aedile sensed any mischief about the other, the suspected 36 aedile could be driven to court with the charge of either misappropriating or 37 mismanaging the state’s fund. In effect, this collegiate system was very

16W. Smith, W. Wayte, and G. E. Marindin, A Dictionary of Greek and Roman Antiquities (Albemarle Street, London: John Murray, 1890). 17E. A. Posner, “The Constitution of the Roman Republic: A Political Economy Perspective.” Public Law & Legal Theory Working Paper No. 327 (University of Chicago, 2010), 4; F. F. Abbott, A History and Description of Roman Political Institutions (N.P: Elibron Classics, 1901), 152; W. Smith, W. Wayte, and G. E. Marindin, A Dictionary of Greek and Roman Antiquities (Albemarle Street, London: John Murray, 1890). 18H. H. Scullard, and M. Cary, A history of Rome down to the reign of Constantine, 3rd edit (Hong Kong: Macmillan Education Ltd., 1979); W. Smith, W. Wayte, and G. E. Marindin, A Dictionary of Greek and Roman Antiquities (Albemarle Street, London: John Murray, 1890).

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1 necessary for shaping the constitutional governance of the Roman Republic as 2 it geared toward the protection of public purse.19 3 Moreover, a ‘College of Quaestors’ dealt with public finances. Initially, 4 they were two in number, and later, to four. There were urban quaestors and 5 consular quaestors. Urban quaestors managed the public treasury, making 6 payments and pursuing tax and other obligations. Consular quaestors managed 7 army pay and finances. By 133 the number increased to twelve. Later, Sulla 8 increased the number to twenty. The number of quaestors also increased to 9 forty in 45 B.C.; they served one-year terms.20 10 The workload in the daily administration of Rome may have accounted for 11 such an increase in number – from two to forty. As a result, more hands were 12 needed to help run the daily business of Rome, especially, in the area of 13 finance, allocation, and distribution of wealth, payments, and inventory. In 14 effect, the Quaestors were assigned by the senate, presumably in consultation 15 with the senior magistrates as finance ministers who principally were in charge 16 of finance. With such huge responsibilities, it would have been risky for the 17 Roman Republic to put one person in charge because the probability for one 18 person to render false accounts is very high. Also, for the purpose of probity 19 and accountability, there was the need to select two or more colleagues to form 20 the ‘College of Quaestors’ to address internal and external fiscal policies of the 21 Roman Republic. 22 We will now look at the composition and functions of the Censors. The 23 Roman political institutions also included a ‘College of Censors’. The 24 composition was two colleagues whose powers and functions were equal and 25 the same. Their main task was to keep track of the Roman people and their 26 properties. The two censors had terms that varied over the history of the 27 Republic but lasted around five years in the last two centuries. In addition to 28 conducting census: counting up the people, ranking them by property holdings, 29 and determining their tribal membership, the censors also could pass judgment 30 on them. People who had shown cowardice in battle, or did not cultivate their 31 lands, or committed some serious crime or moral offense could be tried and 32 condemned by the censors. Apart from these huge responsibilities, censors 33 could not serve in the Senate or occupy important offices such as consul, 34 praetor, or .21 35 Censors also entered public contracts on behalf of Rome, both for public 36 works and for taxation. Senators were much interested in the office of the 37 Censorship because it was the censor who basically promoted or demoted 38 one’s social status based on a person’s property or moral conduct. The Romans

19E. A. Posner, “The Constitution of the Roman Republic: A Political Economy Perspective.” Public Law & Legal Theory Working Paper No. 327 (University of Chicago, 2010), 4; F. F. Abbott, A History and Description of Roman Political Institutions (N.P: Elibron Classics, 1901). 20H. H. Scullard, and M. Cary, A history of Rome down to the reign of Constantine, 3rd edit (Hong Kong: Macmillan Education Ltd., 1979); H. H. Scullard, From the Gracchi to Nero: A history of Rome from 133 B.C. to A.D. 68. (New York: Taylor & Francis e-Library, 1982). 21E. A. Posner, “The Constitution of the Roman Republic: A Political Economy Perspective.” Public Law & Legal Theory Working Paper No. 327 (University of Chicago, 2010), 4ff.

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1 did not want anybody to rise to the ranks or join the Senate by dubious means 2 which may happen between a censor and the censored or citizen. If one person 3 is allowed to occupy such a position, it would be easy for the person to become 4 bias by putting unqualified people into a proper class that they do not deserve. 5 For instance, if a person’s wealth is measured 200 iugera, a censor may record 6 that person’s wealth as 400 iugera by given the person the opportunity to rise 7 to the cursus honurum (climbing the ladder). To prevent this, two members 8 were selected to make the assessment and also to serve as a check on each 9 other censor, thereby making sure citizens are put in their right classes based 10 on the property or wealth they possessed. 11 Turning our focus to the Senate, it must be pointed out that it was one of 12 the most important institutions in Rome’s political practice. I will not discuss 13 the Peoples’ Assembly as the sole legislative body in the Roman Republic 14 because its functions were highly influenced by the Senate.22 The Peoples’ 15 Assembly had theoretical power but not practical. Magistrates or senators 16 could ask members of the Peoples’ Assembly for their opinions but the latter 17 had no right to speak. In line with this, I will only focus on the Senate. The 18 Senate can be assumed as a ‘College’ whose members had equal power and the 19 same function. The senate was the central institution in Roman politics, even 20 though its formal powers were few. For example, it did not pass legislation or 21 appoint magistrates.23 22 As a matter of early constitutional law of the Romas, the Senate was 23 mainly an advisory institution whose members received delegations, digested 24 reports, debated, and issued decrees, which were not legally binding. 25 Nonetheless, in practice, the Senate had a considerable degree of authority 26 during most of its existence. The senate’s decrees did not have formal legal 27 force, but coworkers or members of the ‘College of Senate’ frequently guided 28 subsequent legislation enacted by the plebeian assembly, which later on 29 became the main legislative body. Magistrates needed the support of the 30 colleagues in the Senate because the Senate consisted of important and 31 experienced men. The Senate also provided a in which the magistrates 32 divided authority among each other to avoid jurisdictional conflicts.24 The 33 senate received delegations from foreign countries and negotiated treaties with 34 them and had a significant role in public finances. Basically, the college of 35 senators became the hearth of the Roman constitutional practices. 36 Magistrates summoned the senate for meetings and set the agenda. A 37 magistrate proposed and asked the senate’s advice. Senators were supposed to 38 debate the issue presented by the magistrate but could digress. An effort to 39 prevent action in a legislature but long speeches (filibusters) was possible 40 because the meeting had to be ended at nightfall. Eventually, the presiding 41 magistrate called for a vote on his proposal (for example, that a decree is

22Ibid, 4. 23A. Yakobson, “Traditional political culture and the people’s role in the Roman Republic”, Historia, Band XXX (Franz Steiner Verlag, Stuttgart, 2010), 2ff. 24E. A. Posner, “The Constitution of the Roman Republic: A Political Economy Perspective.” Public Law & Legal Theory Working Paper No. 327 (University of Chicago, 2010), 5.

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1 issued), and the senators voted for or against. The motion could be vetoed by a 2 tribune or a magistrate of equal or greater rank. If a decree survived the veto, it 3 was recorded.25 4 Although the ‘College of Senate’ was not a legislative body like the 5 General Assembly of Rome, its activities can be juxtaposed to the activities of 6 the parliament of Republican Ghana where members of parliament debate on 7 issues and vote for its acceptance or otherwise. The membership of the Senate 8 varied over time, but it was always in the hundreds. Senators were appointed 9 by consuls earlier in the Republic and by censors later in the Republic. They 10 were typically ex-magistrates. Censors determined that an individual possessed 11 good moral character before appointed to join the senate; censors could also 12 remove senators who had engaged in gross immoral practices, including 13 serious crimes. Apart from these, senators served for life. Besides, laws were 14 enacted through the joint action of a magistrate and an assembly. Magistrates 15 asked members of the assembly for their opinions but the latter had no right to 16 speak. Because of this, in the further discussion of collegium practices in 17 Ghana’s Constitutional governance, I have juxtaposed the ‘College of Senate’ 18 to that of Ghana’s parliament rather than the Peoples’ Assembly of Rome. 19 20 21 Collegium System of Rome in the Constitutional Provisions of Ghana: A 22 Juxtaposition 23 24 The Roman political practice of collegium, collegiality, or college of 25 equals is not lost to the democratic dispensation of Ghana. By analyzing the 26 content and composition of the 1992 Constitution of the Republic of Ghana, we 27 realized that the practices and activities contemporary political ideas are highly 28 seem influenced by constitutional practices of the ancient Roman Republic. 29 Although when it comes to the organs and the compositions of the democratic 30 governance of Ghana, the content is not the same as the Roman political 31 institutions or magistracies since Ghana’s practices are strongly mandated by 32 the 1992 Constitution of Ghana. However, we can point out the practices of 33 collegiality that is featured in the provisions of the Constitution. The areas of 34 Ghana’s constitutional provisions I have focused on include but are not limited 35 to the presidency (that is the President and Vice-President); cabinet ministers; 36 the parliament; parliamentary select committees; and the Electoral 37 Commission. 38 Articles 57 to 60-92 of Ghana’s Constitution clearly defines the 39 composition, election, powers, and duties of the president, and the vice 40 president (Cf. Art. 60). Like the Roman consuls, the president and the vice 41 wields sweeping powers given to them by the Constitution. However, the 42 president is the custodian of the bulk of the powers. Notwithstanding, although 43 the 1992 Constitution of the Republic Ghana gives precedence and much

25D. J. Bederman, The Classical Constitution: Roman Republican Origins of the Habeas Suspension Clause, Southern California Interdisciplinary Law Journal, 17:405 (2003).

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1 power to the president over all other people in Ghana,26 we could equally say 2 that both the president and his vice constitutes a ‘College of Presidency’ or 3 colleagues of presidents and can be likened to the two consuls of the Roman 4 Republic since, in the absence of the president, the vice president automatically 5 becomes the first man of the land as demanded by the constitution. Thus, in the 6 absence of the president, the vice president assumes full power and role of the 7 “far away” president. In this sense, the two, like the Consuls, becomes equal in 8 their field of operation. 9 Besides, the presidency (the president and his vice president) are like the 10 Roman consuls since the provisions of article 62 of Ghana’s constitution which 11 talks about the qualification for election as the President applies to a candidate 12 for election as Vice-President. So in terms of qualification, the same principle 13 applies to both just as the Roman Consuls. The only difference between the 14 Roman Consuls, and Ghana’s President and his Vice President, as prescribed 15 by the Constitution, is that whereas the Consuls had equal powers at the same 16 time, the President wields many executive powers than the Vice President so 17 far as the President is in active service, or not absent whatsoever. Again, like 18 the colleague Consuls of Rome, in the absence of the President, it is the Vice- 19 President who took charge of running the affairs of the state. We have 20 recounted that in the absence of one consul, the other consul facilitated the 21 affairs of the Roman Republic. In this sense, it could be said that the President 22 and the Vice President form a College of equals whose membership wields 23 similar functions as prescribed by the constitution. They all work in the interest 24 of the state. 25 The only problem associated with the Presidency is that the Vice President 26 does not openly challenge the decisions and authority of the President since it 27 is the President who selects the Vice-President as a running mate before an 28 election as required by the political parties’ constitutions and regulations. 29 Sometimes the President can physically assault the Vice-President if the Vice 30 dares challenge the President. A typical example is when a brawl broke out at a 31 Cabinet meeting when President Jerry Rawlings beat up his deputy (Vice- 32 President Nkensen Arkaah, who chaired all Cabinet meetings at the time) out 33 of the room on Thursday, 28 December 1995.27 This is not different from what 34 happened between some consuls in Rome where misunderstandings from both 35 colleagues led to civil wars as seen in the consulship of Pompey Magnus and 36 Gaius .28 However, in the interest of the state and smoot running 37 of state policies, it becomes prudent for the 1992 Constitution of Ghana to 38 prescribe the selection of two colleagues “Presidents” as the two topmost 39 ranking state officials just like the colleague Consuls of Rome.

26The Republic of Ghana, The 1992 Constitution of the Republic of Ghana, 1996 Amendment Act 527 (The Republic of Ghana, 1996), Const. Article 57, clause 2. 27GhanaWeb. “President beats Vice”, The GhanaWeb (31 December 1995), http://www.ghana web.com/GhanaHomePage/NewsArchive/President-beats-Vice-439/ 28H. H. Scullard, and M. Cary, A history of Rome down to the reign of Constantine, 3rd edit (Hong Kong: Macmillan Education Ltd., 1979); H. H. Scullard, From the Gracchi to Nero: A history of Rome from 133 B.C. to A.D. 68. (New York: Taylor & Francis e-Library, 1982).

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1 Another area that we can draw a relationship between Roman and Ghana 2 collegiality practices lies in the functions of the Roman Senators and Ghana’s 3 Cabinet Ministers. The 1992 Constitution of Ghana (articles 76-77) prescribes 4 that there shall be a Cabinet which shall consist of the President, the Vice- 5 President and not less than ten and not more nineteen Ministers of State. Per 6 the composition, the Cabinet constitutes a college of equals whose members’ 7 decisions or opinions are equally respected by colleague members. In the 8 interest of the Republic of Ghana, the Cabinet assists the President in the 9 determination of the general policy of the government. In this assumed college 10 of Cabinet Ministers, it is the President who summons and presides at all 11 meetings, and in his absence, the Vice-President presides just as the Roman 12 Consuls who summoned and presided all important meetings of the Senate. But 13 when it comes to the regulation of the procedure at Cabinet’s meeting, it is the 14 entire colleagues of the ‘College of Cabinet Ministers’ that took charge. 15 Member's views are supposedly upheld with respect and to promote and shape 16 the democratic dispensation of Ghana. 17 The next area for discussion is the Parliament House of Ghana. By 18 comparison, we can niche the Parliament as a college of equals just as the 19 Roman Senate and the General Assembly. The ‘College of Parliament’, per its 20 composition in Articles 93 to 124 of the 1992 Constitution, colleague members 21 of parliament have equal political mandate although it is chaired by an 22 appointed Speaker of Parliament by the President-elect. It must be pointed out 23 that the Chair is not appointed to intimidate Members of Parliament but to 24 regulate and facilitate the sittings of the Parliament. Thus, the Constitution of 25 Ghana has given equal legislative power to Members of Parliament (MPs) to 26 work in the interest of the country. 27 Like the Roman Senate (not the concilium plebis), the parliament is the 28 central institution in Ghana’s politics, even though its powers cannot be 29 compared to the President. The colleagues of parliament deliberated on other 30 matters and bills proposed to it by the President for its acceptance or otherwise 31 just like the Senators of Rome who deliberated matters and bills proposed by 32 the Consuls. A typical example is the “US-Ghana Military defence co- 33 operation agreement” that was presented before the Parliament to be 34 considered for its approval or otherwise. Although colleagues MPs considered 35 as the minority did not support the acceptance of the agreement, yet the 36 majority, per their number, had their way for its acceptance on the 23 March 37 2018. Except as otherwise provided in the Constitution of Ghana, matters in the 38 parliament is determined by the votes of the majority of members present and 39 voting, with at least half of all the members of Parliament present.29 Regarding 40 this, it could be said the Parliament is a college whose members wield equal 41 constitutional mandate. They are in existence as a collegium, or college of 42 colleagues to serve the nation and protect the constitution itself and the 43 democratic practices in Ghana.

29The Republic of Ghana, The 1992 Constitution of the Republic of Ghana, 1996 Amendment Act 527 (The Republic of Ghana, 1996), Const. Article 93ff.

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1 Also, within the Parliament, another college of colleagues of equals can be 2 seen. This has to do with Parliamentary Select Committee or Committees of 3 Parliament. The 1992 Constitution of Ghana (Article 103. 1-6) has provided 4 that members of Parliament shall appoint standing committees and other 5 committees as may be necessary for the effective discharge of is functions. 6 Within these committees, colleagues share the same power and that each 7 member’s decisions and opinions are highly respected. According to the 8 Constitution of Ghana, Article 103. 3, committees of Parliament shall be 9 charged with such functions including the investigation and inquiry into the 10 activities and administration of ministries and departments as Parliament may 11 determine; and such investigation and inquiries may extend to proposals for 12 legislation. The President has the power to appoint his ministers but the onus 13 lies in the Parliamentary select committee to vet them. During the vetting, each 14 colleague of the ‘College of Vetting Committee’ decisions holds water. In 15 clause 4 of article 103, every Member of Parliament shall be a member of at 16 least one of the standing committees. This means that, in terms of collegiality 17 practices as the Roman Republic, members have equal power and are supposed 18 to work in the interest of the state. 19 The establishment of the Electoral Commission (EC) by the 1992 20 Constitution of the Republic of Ghana and its practices can also be put under a 21 collegial system of governance. The composition of the EC shows that it is a 22 College under the umbrella of the Constitution which spells out how Ghana’s 23 democratic dispensation should be practiced. Article 43 (1) of the Constitution 24 states that there shall be an Electoral Commission which shall consist of a 25 Chairman; two Deputy Chairmen; and four other members. In juxtaposition to 26 Roman collegial systems, these members, per their powers and duties, forms a 27 College of Electoral Commission. In this College, every member’s opinion or 28 decision counts. Colleagues who make up the EC see themselves to be equal 29 and that a member, not even the Chairperson, can take a unilateral decision for 30 the whole commission or members. In order to avoid crook decisions, one- 31 sidedness, preconceived notion, and by promoting equity, fairness, 32 organization of free and fair elections, and the likes, colleagues in the College 33 of EC serve as an ombudsman or supervisory body on the other. 34 The charges that some members of the EC laid against the then EC 35 Chair, Mrs. Charlotte Osei is a typical example that shows that colleagues 36 within the EC wield equal power and have an equal voice. In fact, colleague 37 members of the EC levelled 27 charges against her.30 To go into the details of 38 the charges levelled against her is a matter of another article. But the point is 39 that, per the definition or concept of the collegium, members of the ‘College of 40 EC’ suspected that there were some decisions that their colleague (the 41 Chairperson) took without consulting them or seeking their opinions. Because 42 members have ‘equal’ powers and are supposed to check on each other, they 43 gathered the courage to send their Chairperson to court for the law of the state

30Myjoyonline.com. “Charlotte Osei fires back with 27-point response to impeachment petition”, The myjoyonline (July 22, 2017), http://www.myjoyonline.com/

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1 to interrogate her and sanction her if found guilty. Undoubtedly, the Romans' 2 idea of not allowing one person to hold higher positions but two or more for 3 the same position, power, and function is what is exhibited by the members of 4 the EC. In the end, the EC chair was evicted from the position. In fact, the 5 Romans policy of giving equal powers and functions to members to form a 6 body or an institution was effective, democratic, and intriguing that, as seen in 7 the charges the EC levelled against the Chairperson, it was difficult for a single 8 individual to seek his interest against the state. 9 Another area where we can see the Roman practice of collegiality is the 10 National Media Commission which consists of fifteen members with 11 representatives from the Ghana Bar Association; the Publishers and Owners of 12 Private Press; and many others. The National Media Commission can be 13 classified as a college of colleagues of equals because its representatives or 14 members see themselves as equals and that each member’s view is respected 15 by all. They are to promote and ensure freedom and independence of the media 16 for mass communication or information; to insulate the state-owned media 17 from governmental control; and others.31 18 Members also work in consultation with other colleagues worldwide in 19 shaping democracy. For example, in 2018, UNESCO led the 25th celebration 20 of World Press Freedom Day in Ghana. The main event, jointly organized by 21 UNESCO and the Government of the Republic of Ghana, took place in Accra, 22 Ghana on 2 – 3 May 2018. The year’s global theme was ‘Keeping Power in 23 Check: Media, Justice and The Rule of Law’, and it covered issues of media 24 and the transparency of the political process, the independence and media 25 literacy of the judicial system, and the accountability of state institutions 26 towards the public. The Day also examined contemporary challenges of 27 ensuring press freedom online. This indicates that the National Media 28 Committee is indeed a College who have a greater responsibility in shaping the 29 democratic practices in Ghana and worldwide. Thus, members of this college 30 seek to keep power in check by protecting and promoting freedom, and 31 ensuring that rule of law works in the country.32 32 As a matter of fact, series of examples of reflections of the Roman political 33 practice of collegiality can be deduced from many ministries and state co- 34 operations or agencies where chief directors and board of directors see 35 themselves as ‘equals colleagues’ working in the interest of the state. Another 36 example could be drawn from the composition of district assembly which 37 includes the Presiding Member, the assembly members, and other actors. 38 Although it is the District Chief Executive who wields much power, he 39 however requires the consent of the Presiding Member and the assembly

31The Republic of Ghana, The 1992 Constitution of the Republic of Ghana, 1996 Amendment Act 527 (The Republic of Ghana, 1996), Const. Article 162ff. 32UNESCO, “World Press Freedom Day 2018”, The UNESCO (2018), https://en.unesco.org/ commemorations/worldpressfreedomday/2018

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1 members who constitute a board to execute policy. If the said policy will 2 disfavor the assembly, members of the college or board will disapprove of it.33 3 4 5 Conclusion 6 7 The paper has tried as much as possible to analyze the Roman political 8 practice of collegiality and how it reflects in the constitutional dispensation of 9 Ghana. Per the concept of the terms collegium, college, collegiality, and 10 colleagues all of which epitomize equality, we have analyzed, by powers and 11 functions, the Roman and Ghanaian political institutions in addition to the 12 purpose and the logic behind the practice of collegiality. We have also 13 examined the various magistracies or institutions, their compositions, 14 functions, and how within the various institutions, colleague members are 15 interrelated among each other with the purpose of achieving the same goal in 16 shaping the constitutional governance of Rome and Ghana. In Ghana, the 17 particular areas that the Roman practice of collegium features is the Executive 18 body (the President and the Vice-President and Cabinet ministers); the 19 Parliament; Parliamentary Select Committees; and the National Media 20 Commission and the Electoral Commission. It is evidenced that by critical 21 analysis and comparison based on the content and terms associated with 22 collegiality within the various political institutions, the Roman practiced 23 collegial system was effective in the areas of checks and balances by colleague 24 members thereby shaping the constitution. Power was not given to one person 25 but among members of equal ranks. 26 Although there existed some differences in the practices, powers, and 27 functions in the collegium system of political dispensation in Rome and Ghana, 28 in the broader spectrum, we have at the same time seen how the Roman 29 practice of collegiality reflects in Ghana’s constitutional prescriptions. In 30 whichever way, one may look at the Roman practice of collegiality and its 31 reflections in contemporary political practices, and the fact that the 1992 32 Constitution of the Republic of Ghana has given sweeping powers to the 33 President, we cannot doubt reflections of the Roman practice of collegium 34 within some of the provisions of the 1992 Constitution of the Republic of 35 Ghana. It must be commended that the Romans, par excellence, practiced the 36 best systems in this regard (Collegial System) in shaping their political 37 practices which have become a legacy for many contemporary states and 38 nations such as Ghana. 39 40 41

33The Republic of Ghana, The 1992 Constitution of the Republic of Ghana, 1996 Amendment Act 527 (The Republic of Ghana, 1996), Const. Articles 240-256

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