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FALAS congratulates Hon. Francis-Xavier Sosu

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The Federation of African Law Students congratulates Hon. Francis-Xavier Sosu as the newly appointed Vice Chairman of the Trade and Investment and Business Immigration Committee in the African Bar Association. The Federation of African Law Students which is the unifying body of law students in Africa wishes to congratulate Hon. Francis-Xavier Sosu having been appointed as the Vice Chairman of the Trade, Investment and Business Immigration Committee of the African Bar Association. This appointment comes to inspire all law students and young lawyers across the continent to keep their dreams of becoming distinguished lawyers alive. Recognising his recent nomination for the Prestigious Timothy Bowles African Human Rights Leadership Award, his appointment comes as no surprise as he has distinguished himself one of the few lawyers on the continent with remarkable composure and peerless leadership. Hon. Francis-Xavier Sosu is a Ghanaian lawyer and a Global Human Rights Ambassador with the Youth For Human Rights Africa. He was called to the Ghana Bar in 2010 and has since led in various Human Rights litigations and Advocacy in Ghana in his nearly 8 years of active practice. He is currently a Member of Parliament and the Managing Partner of F-X Law & Associates, a progressive Human Rights and Public Interest Law firm in Accra which he established in 2012. He is also founder and President of both Treasure of Life Foundation Ghana, Kenya and USA AND Youth for Human Rights Africa, both of which carries out community empowerment projects for the poor and homeless in Ghana AND also dedicated to Human Rights and social protection related cases respectively. The Federation of African Law Students is the recognised body by the African Bar Association to unify all law students in Africa. While the African Bar Association is a professional body unites individual lawyers and national legal associations in Africa, with the goal of being a federation of national legal associations, corporate and unincorporated legal entities, and individual lawyers, the Federation of African Law Students is the unified student body of all law students in Africa. It is our primary objective to provide opportunities for African Law students, bridge the existing gap,proffer viable solutions to their problems, build a network of outstanding students who who would collaborate towards a common future and ensure that African Law Students are attuned to new realities and global practices. The Federation is also committed to building an emerging generation of young lawyers who are engaged in changing the narratives and adding value.

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FALAS PIONEER PRESIDENT TO SPEAK AT GLOBAL PEACE SUMMIT, DUBAI

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The Pioneer President of the Federation of African Law Students, H.E Emmanuel Nwobodo has been chosen among the few reputable speakers to speak at this year’s Global Peace Summit in Dubai.  After what was a very tough selection process, the Pioneer President who now service as a Council Advisor of the Federation was chosen as one of the voices of Africa in this year’s conference which seeks to build resilience by cultivating a culture of tolerance, consonance, inclusivity, interfaith harmony, co-existence, love and social peace building across the border. Considering the frantic rise of Xenophobia, hate crimes, religious and social conflicts has  caused a paradigm shift by accelerating apprehensions causing a disrupted peaceful structure. Thus, the engagement of very influential social groups alongside the Global Peace Ambassadors is very crucial to achieving Global Peace Mission. Many people have lost their lives due to wars, conflicts and Injustice. It is still uncontrollably pursuing and leading uncertainty in the world and it is only the vibrant world youth can make a difference by advocating peace, enforcing social and peace reforms and procure peace Education. With what comes as a big win for Africa, this is a major boost for the Federation of African Law students which is the unifying body of all law students in Africa. The Global Peace Chain is a worldwide Peace building organization established on July 02,2018 and have Head Office in United States of America and Regional Offices in Pakistan, Nepal, Burundi and Mauritius for reinforcing Youth leadership and development. The chain symbolizes the thread of diversity, inclusivity, harmony, co-existence and compassion. As an influential network, we are galvanizing the youth to ample their voices against social injustice, cultural ethnicity and religious intolerance.

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FALAS VISITATION TO NIGERIAN SEATS OF POWER

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A delegation of the Federation of African Law Students (FALAS) led by the Head of Diplomacy and External Affairs, Hon. Siaffa Bahn Kemokai, II, travelled to the Federal Republic of Nigeria from the 21st to 24th November 2021. Upon arrival in Abuja, they were received from the airport by H.E Amb. Emmanuel Nwobodo, former President of FALAS; Amb. Umoh Edet, former International Director of Projects, Programmes and Policies of FALAS; Amb. Victor Okoli, former Regional Director for West Africa; other members of the Nigerian team of FALAS and taken to Grand Ibro Hotel in Abuja where they lodged until their departure from Nigeria, on 24th November, 2021. On the second day of arrival, November 22, 2021, against schedule, they were unable to meet with the Vice President of Nigeria, Prof. Yemi Osinbajo, due to his engagement, the team arranged a meeting with the former Director General of the National Space Research and Development Agency, Dr. Francis D. Chizea, fasn, fdc and the Legal Adviser, NASRDA, Mr. Yahaya Isah A., Esq. During the meeting with Mr. Yahaya Isah, it was agreed that NASRDA and FALAS would collaborate to organize a Moot competition for space development in Africa. A partnership was also agreed to. A working memorandum is to be drafted as regards to these partnerships. At the meeting with the former Director General and adviser on Space, Dr. Chizea welcomed the delegation and thanked FALAS for such a huge and bold step in the right direction. He urged FALAS to begin publicity for space development in African countries and the introduction of space law. The delegates were informed that space is gradually taking over the continent. He assured FALAS of his support by promising to sponsor a Moot Court competition on Space Law. On the third day, November 23, 2021, the delegates had a meeting with the Dean of Faculty of Law, Baze University, Abuja, Dr. Ali Ahmed, who expressed his delight of working with FALAS in any capacity. They also paid a visit to a fracrophone Professor who made a promise that his institution is willing to sponsor any event in the area of Legal Clinic if a proposal can be developed as to that effect. Later that evening, they met with the Public Relation Officer of the Nigerian Police Force, a lawyer and a very influential personality. The meeting was held at his office at the National Headquarters of the Nigerian Police Force. He thanked the delegation for reaching out to him and advised them to keep up the good work as FALAS is a big dream come true. He committed to working with FALAS and promised to get back to them through the former President, who was also present at the meeting. The delegation, including Hon. Siaffa Bahn Kemokai, II, FALAS Head of Diplomacy and External Affairs and head of the delegation; Hon. Williamina G. Elious Budy, Special President Envoy and Vice President of the Law Students’ Association of the Louis Arthur Grimes School of Law, Liberia had a dinner before departing to their various countries the following day.

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AMEND CONSTITUTION TO ALLOW CROSS CARPETTING- Dr. Kofi Asmah

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Strengthen democracy by allowing Members of Parliament to retain their seats even when they cross carpet Another way in which the 1992 Constitution undermines constitutionalism according to Prof. Gyampo, is in the area of MPs cross-carpeting. Prof Gyampo He indicated that article 97 (1) (g) provides that “a member of parliament shall vacate his seat in parliament if he leaves the party of which he was a member at the time of his election to parliament to join another party or seeks to remain in parliament as an independent member.” This provision according to the presenter, was to deal with the mischievous situation under the First Republic (1960-1966) when President Nkrumah lured MPs to cross-carpet to his party and gave them appointments while those who resisted were detained (Awoonor, 1990). The problem with the above constitutional provision according to the presenter is that, it expressly forbids MPs to behave independently on the floor of parliament and to vote according to their conscience. Speaking on the topic “Challenges Identified in Operating the 1992 Constitution,” Prof. Samuel O. Gyandoh of the Temple University in Philadelphia, USA, described a constitution as a living organism that must grow with the times and like human conditions there was more room for improvement. “We can adapt the constitution to changing times by timely amendments and judicial interpretations,” he said. Prof. Gyandoh said compared with the previous constitutions of Ghana, the 1992 Constitution was unique in terms of the structure of government machinery that it has created. He mentioned the Independence Constitution of 1957, First Republican Constitution of 1960, the Second Republican Constitution of 1969, and the Third Republican Constitution of 1979 as constitutions that preceded the 1992 Constitution. Prof. Gyandoh noted that the 1979 constitution separated the Executive, Legislative and Judiciary, and provided a flexible system of checks and balances. He said the 1979 Constitution, however, abandoned the “unstable cabinet system of government under which the idea of ministerial responsibility to parliament was subjected to national election.” Comparing the 1992 Constitution with the 1979 Constitution in terms of Executive Presidency and Parliamentary Governance, Prof. Gyandoh noted that while the 1979 Constitution required a Member of Parliament nominated for ministerial appointment by the President to resign from Parliament, the 1992 Constitution provided that the majority of ministers of state should be appointed from Parliament. “This unnecessarily weakens Parliament while correspondingly creating what looks like an imperial Presidency,” he lamented. Prof. Gyandoh said the provision had skewed the architecture of the Constitution but he expressed the hope that it could be easily corrected by restoring balance and proportions to the 1992 Constitution. He suggested that “We can simply remove Article 78(1) from the Constitution and then take care of any consequential refinement of the text to conform to the excision”. Prof Gyandoh said what “we do not need as a country is another Constitutional Commission, Constitutional Assembly or Committee of Experts to draw up new Constitution for a future Fifth Republic of Ghana”.He said it was not proper for any group of people to claim to have reached the pinnacle of political wisdom to dictate to generations yet unborn.Speaking on the theme, “Constitutional Review in Ghana”, he said there was always room for improvement of the human condition, and was optimistic that a review of relevant portions of the 1992 Constitution would deepen the country’s democratisation process.He also touched on some discrepancies bordering on dual citizenship — article 8 and 9 (5) and indemnity — Act 527, 1996, which he said, had raised unresolved problems of legitimacy for the nation.On dual citizenship, Prof Gyandoh said citizenship laws should be inclusive and not exclusive, as in a situation where a person with dual citizenship could be a Minister and Member of Parliament but not Secretary to the Cabinet, or Ambassador or Chief of Defence Staff, Inspector-General of Police, Commissioner of Customs, Excise and Preventive Service or the Director of the Immigration Service.On indemnity, he said the 1992 Constitution should take into account the fact that the era of the Provisional National Defence Council (PNDC) rule was a military rule in order to preserve the spirit and enduring values enshrined in the Constitution. 3.0 THE SCOPE AND IMPORT OF ARTICLE 97(1)(g) OF THE 1992 CONSTITUTION OF GHANAArticle 97(1)(g) of the Constitution, 1992 provides thus:A member of Parliament shall vacate his seat in Parliament:… (g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member.Having reproduced in full length the provisions of article 97(1)(g) of the 1992 Constitution of Ghana, I shall attempt to delve into its scope, meaning and purpose, and the circumstances under which it may be invoked.To begin with, the determination of the scope and import of the afore-stated provision would demand a true and proper interpretation of same.It is important to note that there are no hard and fixed rules to the interpretation of a national constitution, like ours, the 1992 Constitution. The various cannons of interpretations that have evolved over the years are not binding on the courts. Any method of interpretation which would give effect to the intent of the framers of the constitution, without leaving room for manifest absurdity would suffice.In tandem with the above, Lord Reid said in Maunsell v Olins [1975]1 All ER 16 at 18, HL, in relation to the rules of interpretation thus: “They are not rules in the ordinary sense of having some binding force. They are our servants, not our masters. They are aids to construction: presumptions or pointers. Not infrequently one “rule” points in one direction, another in a different direction. In each case we must look at all relevant circumstances and decide as a matter of judgment what weight to be attached to any particular ‘rule’.”Same view was held by Date-Bah JSC in Asare v. Attorney General, WRIT NO. 3/2002) 28 JAN 2004, where he opined that the rules of interpretation are not the ratio decidendi of a case, but they are mainly aids and

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THE LIFETIME LEGAL ACHIEVEMENT AWARD- DR. KOFI ASMAH

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The FALAS Lifetime Legal Achievement Award is the highest award under the reputable scheme of awards by the Federation of African Law students that could be awarded to any legal luminary on the continent of Africa. The award is as a result of one’s unprecedented impact in the legal industry who is worthy of recognition, admiration and commendation. As one of its first recipients, Dr. Asmah’s recognition comes as no surprise as he has left an indelible impression on the hearts of many young students of the law in Africa. With close to twenty years of experience of the law practice, his area of expertise is property law and real estate law. He is a lawyer in good standing, not just at the Ghana Bar Association but his admirable intellectual acumen has earned him a place in the American Bar Association and the International Bar Association, earning him an incredible international status as a global icon. As a key external attorney, his wise counsel has been harnessed into productive use as he has helped banks and corporates entities record astronomical figures. The bedrock of success in the legal space is mentorship and no one understands this better than Dr. Asmah as he has mentored and provided unfettered support for many law students across the continent. His unflinching support has especially been directed towards the needy but brilliant students whose dream it is to study the enviable law course provides hope for Africa. This feat is one that has sparked several conversations in the legal community of the specimen of a man he is; a generous and a lifetime mentor. He will be remembered as the hero of people’s hearts not just because of his sterling academic prowess and remarkable success as an attorney but also because of his humility and his courage to break down the old order and set the pace for the frontiers of excellence.

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THE LIFETIME LEGAL ACHIEVEMENT AWARD; PROF. MIKE OQUAYE, PhD

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The FALAS Lifetime Legal Achievement Award is the highest award under the reputable scheme of awards by the Federation of African Law students that could be awarded to any legal luminary on the continent of Africa. The award is as a result of one’s unprecedented impact in the legal industry who is worthy of recognition, admiration and commendation. Having followed the track-record of excellence and being a figure that represents all that students labor to achieve, Ghanaian legal heavyweight, Prof. Aaron Mike Oquaye Snr,PhD, the Speaker of the 7th Parliament of the fourth Republic of Ghana is amongst the first ever recipients of the “FALAS Lifetime Legal Achievements Award“. The Rt. Hon. Professor Aaron Michael Oquaye, Speaker of the Seventh Parliament of the Fourth Republic, is a barrister of the Supreme Court of England and Wales, and a senior member of the Ghana Bar. As an academic, he achieved the singular distinction of winning within four years, the coveted International Rockefeller Senior Scholar Award and the Senior Fulbright Scholar Award in 1993 and 1997 respectively. The Fulbright award is considered the highest award in academia. He was a visiting scholar in connection with these awards in London (SOAS), and Virginia (George Mason), USA. He was Head of the Department of Political Science at the University of Ghana, Legon (October 1999-January 2002) and also the Vice-President of Africa Association of Political Science (AAPS) (1997-1999). He has researched and written extensively on good governance, conflict, political education, decentralization, human rights, military intervention in politics, Non-Governmental Organizations (NGOs), rural development, Parliamentary Democracy and gender. He is a keen advocate of the rights of women, including affirmative action.  He is one man who has regularly featured in conferences on gender in this country and abroad. His books and articles have been published in England. Canada, USA, South Africa, Zimbabwe and Ghana. His rich experience in African politics has been tapped by many institutions in Ghana and abroad. Prof. Mike Oquaye is an accomplished diplomat, legislator, politician, among others. On the diplomatic landscape, he served as Ghana High Commissioner to India (2002-2004); As a Politician and Legislator, he served as the Member of Parliament for Dome-Kwabenya Constituency (2005-2013), Minister of Energy (2005-2006); Minister of Communication (2006-2007) and the Second Deputy Speaker of the Fifth Parliament of the Fourth Republic of Ghana (2009-2013). Ghana’s High Commissioner to India His tenure as Ghana’s High Commissioner to India recorded unrivaled achievements which include: Ghana-India Kofi Annan Centre of Excellence in Information Technology, a show-piece in Africa; •Ghana Presidential Palace and Office Complex; •Tractors on concessionary terms to revamp agriculture and •One Hundred and Two Million Dollar (USD 102,000,000) facility to Ghana, which had forty eight percent (48%) grant element, twenty five (25) years repayment period, five (5) years moratorium and 0.5 percent interest rate per annum. Minister for Energy As the Energy Minister, he presided over the: •Deregulation exercise •Expansion and maximum application of the Tema Oil Refinery •Unprecedented petroleum exploration. He actually negotiated an signed the agreement with Tullow Oil, which led to the first discovery of oil in Ghana; •Recapitalization of the Volta River Authority (VRA) and Electricity Company of Ghana (ECG) was identified and steps intensified to resolve same; •Amendment of the VRA Act, which brought about the Independent Power Producers (IPPs) in Ghana. This allowed Asogli and other IPPs to operate; •Commissioning of the West Africa Gas Pipeline by President Kufuor; •Signing of Bui Dam Memorandum of Understanding (MoU) with Sino-hydro Corporation of China in September, 2005. Minister for Communications •Ghana and China signed a US$30 million agreement for the National Backbone project; •The World Bank gave Ghana a US$40 million concessionary facility after all the relevant benchmarks had been satisfied in record time; •The Ghana Society for the Blind was provided with the braille computer system with the help of the Government of India. •He was in charge of the initial steps for the divestiture of Westel and Ghana Telecom; •Ghana attained record Teledensity and rural telephony target with Chinese assistance. Parliament of Ghana As a Parliamentarian, he took keen interest in legislation and made meticulous endeavor in detecting minute slips. He made brilliant statements and various comments and contributions which were rich in depth. He served on the Committee on Members Holding Office of Profit, Standing Orders Committee, Committee on Defence and Interior, Committee on Local Government and Committee on Communication. As the Second Deputy Speaker, his evenness and equanimity pleased both sides of the House when he presided. International Relations Having risen through the ranks to become the Speaker of Parliament for the 7th Parliament, Prof. Aaron Michael Oquaye’s aura attracted many distinguished personalities to Ghana and to Parliament House, including the august visit of the first ever sitting Speaker of the United States House of Representatives, Speaker Nancy Patricia Pelosi, who was also granted audience to address the House; the Prime Minister of Barbados, Her Excellency, Mia Amor Mottley, QC., MP, who also addressed the House; the Speaker of the House of Representatives, Nigeria, Rt. Hon. Femi Gbajabiamila and the Speaker of Uganda, Rt. Hon. Rebecca Kadaga (MP), who also visited on the Speaker’s invitation and gave a brilliant lecture on Affirmative Action and Women Participation in Politics. Human Rights As a Legislator himself, Rt. Hon. Prof. Oquaye’s passion for Affirmative Action led him to initiate measures to advocate for women and children inclusion, people with special needs, and gender equality. He has also shown interest in the welfare of the marginalized in the society, including various donations to persons with disabilities and sought the release of a pregnant woman from the Nsawam Female Prisons.  Proceedings The Speaker’s passion, together with the assistance of Leadership of the House have led to the rapid passing of Bills. A number of these attracted considerable public interest. They included the following: Vigilantism and Related Offences Act, The Right To Information Act, Office of the Special Prosecutor Act, 2017 (Act 959), Payment Systems and Services Act, 2019 (Act 987), National Road Safety Authority

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Courtesy visits to the seats of Government in Nigeria

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The President of the Federation of African Law students, H.E Alfred Eli K. Dei and his special envoy will be visiting Abuja, Nigeria from 22nd to 24th of November, 2021. This visit to Nigeria is geared towards the much anticipated continental Moot competition to be hosted in Ghana next year, by delving into the scope of the AfCFTA and the effect of Trade Facilitation on continental integration. Hon. Siaffa Bahn Kemokai, II, the Director of External Affairs and Diplomacy of the Federation of African Law students will be present to strengthen the diplomatic ties between the Federation and these reputable offices. During this period of stay in Nigeria, the leadership of the Federation of African Law students, will visit the offices of H.E Prof. Yemi Osinbajo, the Vice President of the Republic of Nigeria, Mr. Hannibal E. Uwaifo, the President of the African Bar Association, Hon. Chukwuemeka Nwajiuba, the Minister of Education and also the leadership of the Law Students Association of Nigeria. The Federation seeks to have an interaction with these major stakeholders to discuss how it can partner with their offices towards the growth and development of education in Africa. The development of students in Africa is extremely instrumental in rebuilding the broken walls of Africa. Thus, in his inaugural speech, H.E Alfred Eli K. Dei promised to build strategic alliances and partnerships that will positively impact the Federation. By delivering on his mandates, these collaborative efforts will go a long way towards building new frontiers for law students in Africa. His administration is still committed to unifying the African Voice. Long live FALAS! Long live Africa!

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INTRODUCTION/HISTORY OF THE FEDERATION OF AFRICAN LAW STUDENTS ( FALAS)

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The Federation of African Law Students (FALAS) is the apex and unifying umbrella body for undergraduate law students across the African continent. The Federation enjoys goodwill and bank on endorsements from the African Bar Association (AfBA), and other regional/national law bodies across the continent which we mutually collaborate with to foster our founding credo. The Federation which espouses Pan-African virtues within the legal profession and beyond, harps on the need for collaborative and collective efforts amongst law students and other Africans of goodwill to unify the continent beyond preexisting divisions, and excellently mould the next generation of legal practitioners and thought leaders who will ensure the entrenchment of equality, justice and fairness in the continent; and also ensure optimal utilization of Africa’s unquantifiable human and natural endowments for the developmental projection of the continent within the global community. The Federation was birthed from a strong desire by its founding members championed by Emmanuel Nwobodo (former National President of the Law Students Association of Nigeria) to create fusion and a unifying platform for undergraduate law students to productively interact on issues that orbit around the inculcation of rule of law in our respective jurisdictions, cross-jurisdictional analyses of topical legal issues peculiar to Africa, assuaging the practical and functional deficiencies identified in the legal curricula of several nations, and the imbibing of contemporary legal skills in view of Post-Covid realities. With the letters sent out for a clarion call for a unified Africa by Amb. Emmanuel Nwobodo out to law student leaders/representatives across the continent to enjoin the creation of what is today known as FALAS, several virtual meetings were held, consequently bringing into its very first existence the creation of the FALAS Accord by her founding members. The representatives of 13 founding member countries legally validated the FALAS Accord appending their signatures to the accord on the 15th of August 2020 which gave birth to her first-ever interim government and constitution draft committee, led by Nelly-Helen Ebruka.The interim government saw to the drafting of the first charter of FALAS and also ensured the vigorous screening and appointment of her first ever International Executive Council. FALAS has since strongly pursued its founding objectives by widening its membership with the acceptance of more countries across the different subregions in the continent. The Federation has continued to engage Africa’s policymakers on key continental issues relating to rule of law and human rights, and lends its voice to advocacy for education, gender equality, etc… in the continent.Several career development programs have also been organized with reputable international facilitators for the professional growth of African law students. On the 5th of September, 2021, the Federation held its maiden international conference in Accra, Ghana where key decision-makers from across the continent engaged in progressive deliberations on issues pertaining to leadership and justice in Africa.Also, at the conference, the FALAS General Election was held which brought in Alfred Eli from UPSA Law School, Ghana as her 2nd International President, continuing on the existing protocols already laid down by the association’s founding president, Amb. Emmanuel Nwobodo.

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