Constitutional review not panacea for development

That the Constitution is the supreme law of the land has never been in doubt.

However, there is no better description of the constitution than what the late Justice E.N.P. Sowah succinctly elucidated in the famous case of Tuffour versus Attorney-General in 1980.

“A written Constitution such as ours is not an ordinary Act of Parliament.

It embodies the will of a people.

It also mirrors their history. Account, therefore, needs to be taken of it as a landmark in a people’s search for progress.

It contains within it their aspirations and their hopes for a better and fuller life. 

“The Constitution has its letter of the law.

Equally, the Constitution has its spirit.

It is the fountainhead for the authority which each of the three arms of government possesses and exercises.

 It is a source of strength.

It is a source of power.

The executive, the legislature and the judiciary are created by the Constitution.”

And these foremost thoughts of Justice Sowah, though were espoused in 1980 during the Third Republic, are still relevant in our contemporary constitutional era.

Sunday, January 7, 2024, was the 31st anniversary of the 1992 Constitution, further cementing its position as the longest serving constitution since the country gained independence in 1957.

In its 31 years of existence, the 1992 Fourth Republican Constitution has been the foundation for peaceful elections on eight occasions, leading to the election of five Presidents, and the change of government on four occasions.

Since the promulgation of the Constitution, there have been numerous calls for its review, with some even advocating a major overhaul of the Constitution or a completely new one.

In recent times, calls for constitutional review have gained momentum, with many constitutional experts, scholars, civil society organisations and trade unions adding their views to the national debate.

For example, the Trades Union Congress (TUC) has called for a complete review of the constitution while constitutional experts such as Sam Okudzeto have also called for a complete change of the provisions relating to the utilisation of the country’s natural resources in order to earn more revenue.

For Professor Vladimir Antwi-Danso, an international relations expert, and the Majority Leader, Osei Kyei-Mensah-Bonsu, there is the need for a completely new constitution to replace the 1992 Constitution to curtail the winner-takes-all syndrome and promote national development.

Such views for a new constitution have, however, been rejected by other experts, including a former Chief Justice, Justice Sophia Akuffo, who argue that the best approach is to maintain the constitution and amend the parts not fit for purpose.

The Daily Graphic is of the view that the need for constitutional review, although very important, must be treated with circumspection and done upon thorough and critical thinking such that the review would be in the best interest of the country.

We should not review the constitution just for the mere fact that people are calling for constitutional review.

Our Constitution sits on a solid foundation, with extensive provisions which, when applied properly, will meet the aspirations of the good people of this country.

As a country, we must also reflect and decide whether we really need constitutional review or attitudinal change to transform the fortunes of the country.

As a people, we have the penchant for enacting effective laws, but end up making such laws ineffective through our attitude.

Do we really believe that additional laws or change in laws will change the country for the better?

We agree with the eminent constitutional expert, Prof. Nana Asante, that a mere change in the text of the constitution, without attitudinal change or ascribing to the values of the constitution, such as probity, accountability and transparency, would not have any positive impact on the country.

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