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Part I of the book focuses on the life and works of Nana. The very first contribution by Benjamin Kwakye takes us back memory lane; it tells the story of young Nana - his birth and life in his village of Asokore
Part I of the book focuses on the life and works of Nana. The very first contribution by Benjamin Kwakye takes us back memory lane; it tells the story of young Nana - his birth and life in his village of Asokore

‘A commitment to law, development and public policy’. A festschrift in honour of Nana Dr SKB Asante

The book under review is titled, A Commitment to Law, Development and Public Policy, produced as a Festschrift in honour of Nana Dr SKB Asante and edited by Dr Richard Frimpong Oppong and Mr Kissi Agyebeng. It was published in late 2016 by Wildy, Simonds and Hill Publishing. Forty-seven authors of repute contributed chapters for the publication of the 699-page book.

The various chapters are intricately interwoven to tell the story of the contribution of Nana to legal learning, and to life. Each contribution tells a story of a special interest of Nana.

Nana as an illustrious son of Ghana

In the foreword, Her Ladyship the Chief Justice, Georgina Theodora Wood, describes Nana aptly as an “illustrious son of Ghana”. These words indeed sum up in but a few words, the calibre of the person in whose honour this monumental legal work is produced.

Early and social life

Part I of the book focuses on the life and works of Nana. The very first contribution by Benjamin Kwakye takes us back memory lane; it tells the story of young Nana - his birth and life in his village of Asokore. We are introduced to a young village boy with virtually no role model except his teachers who inspired him through basic school, secondary school and to the most prestigious universities in the world.

The father of the 1992 Constitution

The Chapter by Justice VCRAC Crabbe takes us through lectures on the nature of constitutions and also reminds us of our recent effort at constitutional amendment. Justice Crabbe tells us of the role of Nana as the chairman of the committee of experts that drafted the 1992 Constitution and which fact should qualify that he be accorded the accolade of the father of our constitution.

Nana the visionary and anti-corruption crusader

In the joint contribution of Prof. Magraw and Ms Lilla Fordos, we see Nana as a “visionary realist” “dreaming of a more prosperous and egalitarian world, particularly for developing countries.” That was Nana’s vision as the Chief Legal Advisor on Transnational Corporations at the United Nations Centre on Transnational Corporations (UNCTC). Nana did his best to empower the then newly independent countries of the world to find their feet.

Confronting Ghana’s national debt

Nana played his part in the desire to confront Ghana’s national debt problems. The story is told of how Nana, upon assumption of office as the Solicitor-General of Ghana in 1969, came to be confronted with a mountain of external debt.

It was noted that the root cause of the problem was unregulated or poorly negotiated investment contracts. For his efforts at confronting this problem, Nana is acclaimed by Dr Addeah as having progressively contributed to the development of the law governing external borrowing by Ghana.

Corporate social responsibility of transnational corporations (TNC)

On the issue of corporate social responsibility of TNCs, Nana has been acclaimed as one of the earliest and foremost advocates. Ms Kuuya and Mr Adjepong-Boateng, in their contribution, reminded us of Nana’s strong belief that there is the need for an acceptable balance between profits and responsibility of TNCs. Nana is, therefore, described as an early and leading contributor to the issue of human rights and corporate responsibility.

Foreign investments and international  business transactions

Part II deals with issues involving foreign investments and international business transactions. Dr Karl Sauvant acknowledges the critical role of Nana in the negotiations in respect of the United Nations Code of Conduct on TNCs.

On the whole, the significant influence of Nana in the area of foreign investment and international business transactions is acknowledged by the many contributors, including Dr Victor Essien, Dr Antoine Basile and Prof. Louis T Wells. It was equally refreshing to read the Chapter by Mr Christopher Nyinevi, who concentrated on the Supreme Court of Ghana’s handling of matters relating to international business transactions.

ADR in dispute resolution

Part III touches on the resolution of national and international disputes through the ADR mechanisms. This part brings to the fore Nana’s qualities as an accomplished arbitrator of international status and his contribution to the strengthening of the practice of arbitration in Ghana.

In respect of Ghana, the contribution of Dr Richard Frimpong Oppong focuses on Ghana and the extent to which provisions of the Constitution of Ghana affect constitution-based claims in arbitration.

Contribution to the issue of failed states in Africa

Part IV focuses on the pursuit of nation building. Dominic Asante’s Chapter, together with the contribution of Prof. Richardson III, unearth Nana’s concern and contribution to the issue of state collapse in Africa. The latter author highlights the significant role of ECOWAS in support for troubled States to restore their capacity to govern.

Promoting the Rule of Law

Under Part V, the immense contribution of Nana to the rule of law and constitutionalism is further acknowledged in the joint contribution of His Lordship Justice Date-Bah and Prof. Fiadjoe.

As a follow-up to the above, is the Chapter by Prof. Frimpong which eulogises Nana as a crusader for fundamental human rights and the rule of law.  This is a chapter rich in the history of the rule of law in Ghana.

Concerns relating to natural resources, land and environment

In Part IV, Nana’s outstanding contributions in the areas of natural resources, land and the environment are highlighted.

Dr Atuguba considers Nana’s article, and his views on resource nationalism as relevant even now as it was when first published in 1978. Mr Tsatsu Tsikata also throws light on the contribution of Nana in the development of expertise in the oil and gas industry. This Nana did through his commitment at the UNCTC by assisting in the development of a new framework on petroleum exploration and production. It is asserted that the said framework contributed to an unprecedented level of attraction of investment into petroleum exploration in Ghana.

The contribution of Nana to the petroleum sector in Ghana is also corroborated by Mr Amoateng in his Chapter. Nana cannot, therefore, be left out when the story of the development of the oil industry in Ghana is told.

The significant contribution of Nana to finding solutions to Ghana’s numerous land management problems requires mention. It is important to note the role that the Working Group, chaired by Nana has played in preparing a Land Bill for the nation. Hopefully the bill should be tabled before Parliament in 2017. Prof. Bugri, in his contribution, informs us that the said working group performed its duties “at no consultancy fee, but for mere sitting allowance for members’ time” This is indeed an “illustrious son of Ghana” who deserves to be celebrated.

Conclusion

The calibre of contributors speaks a whole lot about the value of Nana and the quality of the chapters will remain a living testimony to his industry and contribution to scholarship, national and international development, particularly to the development of developing countries and to humanity generally.

It is indeed a great contribution to the enterprise of the teaching, learning and practice of law in Ghana and internationally.  As a Dean interested in procuring essential reading materials for the Law Library and students, I find this publication all encompassing. It is an invaluable publication.  

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