News:
September 21, 2024
The Minister of Parliamentary Affairs (MoPA) Osei-Kyei-Mensah-Bonsu has dismissed assertion that a lot cannot be done when it comes to constitutional amendment in an election year as Ghana heads towards its Presidential and Parliamentary elections in December 7, 2024.
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According to him as a practicing parliamentarian in leadership positions for continuous twenty-seven years, having had the opportunity to straddle the Executive, Judiciary and the Legislature, whilst dealing with the Independent Constitutional Bodies, Political Parties, CSOs, FBOs, I have sufficient acquaintance with the Constitution and thus properly primed to advocate for its review.
He made this known in his open remarks at the stakeholders’ consultation on the validation of the Constitutional Review Commission report of the 1992 Republican Ghanaian constitution.
Over the past six years the ministry has engaged a cross-section of the Ghanaian society in respect of the usage and application of the 1992 Republican Constitution and its effect on ensuring efficient and effective governance that yields the “blessings of liberty, equality of opportunity and prosperity” for all the Ghanaian people.
The diverse stakeholders that the ministry has engaged include the Attorney-General (representing the Office of the President), Ministers of State, His Excellency President John Agyekum Kufour, (former President), the Office of former President John Dramani Mahama, Parliament of Ghana, and Members of Parliament, the Judiciary, the Independent Governance Institutions, Civil Society Organisations, Think Tanks, the Academia, Chiefs, Employers, Employees, Organised Labour, Faith-based Organisations and the general public.
These people and bodies recognize the strides the country has made since January 1993 when the country experienced a rebirth under the Fourth Republican Constitution. However, they are unanimous in their observation that the citizenry is not having the optimum benefits of the dividends of democracy.
As such, they variously concluded that there is an urgent need to revisit the 1992 Constitution with a view to improving the delivery of governance to upscale a well-thought through structured, sustainable national development which will secure improvement in the living conditions of the Ghanaian peoples.
In the year 2010, President E A Mills in fulfillment of his campaign promise, set up the Prof. Fiadjoe led Constitutional Review Commission (CRC).
Among other things “the Commission found that the 1992 Constitution is a resilient foundation for good governance in Ghana. It has been the basis of the flourishing institutions under the Fourth Republic and has potential for guiding the evolution of the nation’s institutions towards peace, prosperity and a good life for its people. Under that Constitution, [as at 2010] five (5) successful presidential and parliamentary elections have been conducted, two of them involving a transfer of power from a ruling party to an opposition party. However, the Commission found that there are many areas of the Constitution and of constitutional practice that need to change for the better.”
Should we amend a few “priorities” provisions including the amendment provision itself? Or should we amend them one after the other – till when? Should we follow the CRIC procedure where they proposed one single referendum for a yes or a no vote? For all 40 plus entrenched clauses and 50 odd entrenched clauses?
Sovereign national conference – will produce a report that will be reduced into Bills. This will be presented to the President for his input and be part of his handing over to the next government. The new Parliament in 2025 will have the responsibility of birthing the amended Constitution, the responsibility of how a new Constitution should be crafted.
Can we only amend? How about when we want to enact a new Constitution? Should we make from the past amendment proposal which I consider as tinkering, and be bold to step out to promulgate a new Constitution? He stated.
Kwaku Sakyi-Danso/Ghanamps.com