The review of Ghana's 1992 Constitution has sparked debate, with two prominent political scientists, Professor Joseph Atsu Ayee and Dr John Osae-Kwapong, opposing calls for a Constituent Assembly. They argue that the Constitution Review Committee (CRC), led by Professor H. Kwasi Prempeh, has already conducted thorough consultations with Ghanaians, including citizens, professional bodies, past presidents, and other key stakeholders. This process, they believe, makes a Constituent Assembly unnecessary.
The opposition to a Constituent Assembly comes after the New Patriotic Party (NPP) urged the government to establish one to deliberate on proposed amendments before they are put to a referendum. The NPP argues that a Constituent Assembly is needed to build broad national consensus on the reforms and resolve differences between the government and the CRC. The proposed assembly would comprise representatives from various groups, including political parties, organised labour, and civil society.
Professor Ayee emphasized that Ghana does not need a Constituent Assembly because it is not drafting a new constitution. He pointed out that the current Constitution outlines the amendment procedure, which includes a national referendum for entrenched provisions and a parliamentary process for non-entrenched ones. He stressed the importance of adhering to timelines to keep the process on track. Ayee also noted that some contentious issues, such as the president's term of office and extensive appointing powers, remain unresolved.
Professor Ayee believes that the ultimate test of constitutional reform is whether it improves the quality of life for all Ghanaians. He argued that the Constitution alone cannot make Ghana great; rather, it requires leaders and citizens to adopt positive values such as promoting the public interest, patriotism, and accountability. Ayee called for transformative leadership and a proper balance between the president's non-partisan and partisan roles.
Dr Osae-Kwapong acknowledged that concerns about the constitutional reform process are legitimate but does not support the call for a Constituent Assembly. He noted that amending the 1992 Constitution involves changing the country's governance system and that a durable constitution is one recognized by citizens as their own. Dr Osae-Kwapong believes the current process provides sufficient consultation, citing the CRC's engagements with citizens and stakeholders across several regions.
Dr Osae-Kwapong further emphasized that changes to entrenched provisions will require a referendum, giving citizens the final say. He pointed out that the referendum will allow different groups to weigh in again, mobilizing for or against the amendments and making their case directly to the public. This, he believes, ensures that citizens have a significant role in the reform process.
The debate over a Constituent Assembly highlights the complexities of Ghana's constitutional reform process. While some groups advocate for broader consultations, experts like Professor Ayee and Dr Osae-Kwapong believe that the current process is sufficient. The government's decision on whether to establish a Constituent Assembly remains pending, with the fate of the proposed constitutional amendments hanging in the balance.
Key points
- The Constitution Review Committee has conducted thorough consultations with Ghanaians.
- Professor Ayee and Dr Osae-Kwapong oppose the call for a Constituent Assembly.
- The proposed amendments will require a referendum for entrenched provisions.
