Open Letter to the Chairperson and Members of the Constitution Review Implementation Committee - Preserving the People-Centred Character of Ghana’s Constitutional Reform Process
Dear Madam Chairperson and Members,
I bring you good tidings from my home, where I practise my own version of constitutional democracy every day. My wife plays the role of the Speaker, while my children are the citizens. In this little constitutional democracy, they constantly remind me that the rules we make are not meant to serve those who make them, but those who live under them. Our home Constitution therefore exists to protect their interests and well-being, rather than to serve my convenience. It is a simple lesson from my home, but one that I believe carries a profound message for our national constitutional reform: a Constitution must ultimately serve the people.
This open letter is not intended to question the authority of Government to examine, accept, modify or reject recommendations made by the Constitution Review Committee (CRC). Government, like every other institution and citizen, is entitled to express its views on the proposed reforms, just as I did in my articles titled “Key Observations on the Constitution Review Committee Report Submitted to President Mahama – Part I & II.” There is nothing inherently wrong with disagreement. Indeed, disagreement is an essential part of democratic constitutionalism.
The more fundamental question, however, is whether the political institution whose powers are under review should have a substantial role in determining the extent of those very powers. This concern is particularly important where the recommendations seek to decentralise, limit or otherwise restructure presidential power, including the constitutional provisions governing the President's term of office. The issue, therefore, is not whether Government has the right to disagree with the CRC's recommendations. It clearly does. The concern is whether the final constitutional arrangements, particularly those affecting the powers, tenure and institutional authority of the Presidency, should be substantially shaped by the preferences of the Government or the political interests of those who happen to exercise power at the time.
Constitutional reform should not be about determining what is most convenient or acceptable to the Government or political actors of the day. It should be about establishing constitutional arrangements that serve the enduring interests of the Ghanaian people and remain fair and effective regardless of which political party or individual occupies power. Every President will eventually leave office. Every Government will eventually change. The Constitution, however, will remain.
Individuals, groups, academia, traditional authorities, corporate institutions, political parties and governments will inevitably have different interests and perspectives. That is legitimate in a democracy. What is important, however, is that these competing interests should not diminish the weight given to the views expressed by citizens through the constitutional review process.
Where a recommendation is substantially modified or rejected, the reasons for that departure should therefore be clearly stated, properly justified and subjected to appropriate public scrutiny. This is particularly important where the recommendation is the product of extensive national consultations and reflects views expressed by citizens across the country. The people's views should not become secondary at the point of final decision-making without a clear and transparent explanation of why a departure from those views is considered necessary and, importantly, how the proposed alternative better advances the public interest.
It is worth noting that the State and the people of Ghana have invested considerable time, resources and expectations in the constitutional review process. The people should not participate in a consultation process only for their views to become secondary at the point of final decision-making. The time, financial resources and public commitment invested in the process should not be dissipated through an indefinite cycle of competing political positions.
My other major concern, therefore, is how these competing positions are to be reconciled without losing sight of the fundamental principle that the Constitution belongs to the people of Ghana and must ultimately serve their enduring interests and aspirations, rather than the temporary interests of any Government or political party.
It is therefore respectfully submitted to the Committee that every recommendation should be evaluated on the basis of whether it strengthens democratic accountability, protects citizens' rights, promotes good governance and improves the constitutional architecture of Ghana, rather than on whether it is favourable or unfavourable to the political interests of the Government of the day or any political party.
Where a departure is made from a recommendation arising from extensive national consultation, the Committee should also ensure that the reasons are clearly articulated and that the alternative being advanced is capable of being understood and scrutinized by the public. Constitutional reform should not become a process in which citizens are consulted at the beginning but their views become less significant as the process moves towards final decision-making.
Madam Chairperson, let me take this opportunity to congratulate you and the members of the Committee on the important responsibility entrusted to you. This is an opportunity to do something that will transcend your tenure and become part of Ghana's constitutional history. I therefore urge you and the members of the Committee to approach this responsibility with courage, independence, fairness and impartiality, so that future generations will look back upon your work with respect and gratitude and remember you as those who placed the enduring interests of the Ghanaian people above political convenience and faithfully served the constitutional future of our dear nation.
At the same time, I respectfully remind the Committee that its mandate is not to protect the convenience of the President, the interests of the Government of the day, or those of any political party. Its responsibility is much larger. It is to serve the constitutional interests of the Ghanaian people. From the standpoint of the citizens, the Committee must help ensure that the reform process reflects their aspirations and produces a constitutional framework capable of protecting their rights, strengthening democratic institutions, promoting accountable government and serving generations yet unborn.
The Committee should therefore serve as an independent bridge between the CRC's recommendations, Government's position, other political positions and the ultimate constitutional authority of the people. Its role should be to ensure that, notwithstanding the competing positions of Government, political parties and other stakeholders, the voice and enduring interests of the Ghanaian people remain at the centre of the constitutional reform process.
Madam Chairperson and Members, I recognize the difficult responsibility that has been placed before you. Reconciling the recommendations of the Constitution Review Committee with the position of Government, the views of political parties and the expectations of other stakeholders will undoubtedly require considerable judgement and restraint. I do not underestimate the difficulty of that task. However, in navigating these competing positions, I respectfully urge the Committee not to lose sight of the most important stakeholder in this entire process: the people of Ghana.
The Constitution is not the property of the Government of the day. It is not the property of the President, Parliament or any political party. It is the people's Constitution. Those who temporarily occupy public office are its custodians and beneficiaries of the powers it creates, but they are not its owners. That is why the question before us must go beyond what Government prefers, what a political party supports, or what may be convenient for the administration of the day. The question must be: what constitutional arrangement best serves the long-term interests of the Ghanaian people? The Committee's greatest contribution to Ghana may not be in determining which political position prevails, but in ensuring that the people's constitutional voice remains audible and respected throughout the process.
My children, the citizens of my little democracy, together with Madam Speaker, continue to remind me of a simple principle: our home Constitution exists for the children, not the children for the Constitution. In the same way, those entrusted with the responsibility of shaping Ghana's constitutional future must remember that the Constitution must ultimately serve the people of Ghana. The Constitution belongs to the people. Let their voice remain at the centre of its future.
God bless our homeland Ghana and make our nation great and strong. Respectfully submitted to the Chairperson and Members of the Committee.
