Constitution Day celebration: Don't overhaul Constitution - Strengthen public institutions - A-G
The Attorney-General (A-G) and Minister of Justice, Godfred Yeboah Dame, has opposed calls for an extensive overhaul of the 1992 Constitution.
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In an exclusive interview with the Daily Graphic to share his views on whether there was the need for a review of the Constitution, as well as the Constitution Day celebration, he described the 1992 Constitution as one of the best in the world that possessed all the elements of a good constitution.
The Constitution, he stressed, had a solid foundation with values and principles that met international standards and had, over the past 31 years, entrenched and promoted democracy, human rights and constitutionalism in the country.
“Our Constitution is quite strong in terms of the establishment of the institutions to deliver a sound economic and social life,” Mr Dame said.
He further posited that any call for a complete review of the Constitution or a new constitution ought to be subjected to critical thinking to determine whether the highest law of the land had measured up to international standards or served the country well.
“When this is done, it will be clear to all that the Constitution of Ghana delivers to the nation the principles of a sound, accountable democratic order and measures up to the international standards of a solid Constitution anywhere in the world,” the Attorney-General added.
Calls for new constitution
The issue of a constitutional review has gained momentum in recent times, with many constitutional experts, scholars, civil society organisations and trade unions expressing their views in the national debate.
While the TUC and constitutional experts such as Sam Okudzeto have called for a substantial review of the Constitution, scholars such as Professor Vladimir Antwi-Danso, and the Majority Leader, Osei Kyei-Mensah-Bonsu, have proposed a completely new constitution to replace the 1992 Constitution to curtail the winner-takes-all syndrome and promote national development.
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Such views for a new Constitution have, however, been rejected by other experts, including a former Chief Justice, Justice Sophia Akuffo, who argued that the best approach was to maintain the Constitution and amend the parts not fit for purpose.
For eminent constitutional expert, Nana Dr Susubribi Krobea Boaten Asante, who is regarded as the architect of the 1992 Constitution, there is even no need for any review as a mere amendment of the text of the Constitution, without attitudinal change in line with its values, would not necessarily improve the fortunes of the country.
The Attorney-General said he was not against a review of portions of the Constitution as any document ought to be reviewed periodically, but he was of the contention that the constant agitation for constitutional review by some people, with some even calling for a completely new constitution, was unnecessary.
“At certain critical points, there ought to be discussions about certain aspects of our Constitution and how they impact national life.
“But it ought not to be a regular affair as to entertain such daily or weekly enterprises for the review of the Constitution in itself engenders a certain lack of confidence in our national Constitution,” Mr Dame posited.
“That is why I welcome the institution of the Constitution Day because it provides for us an annual opportunity for us to reflect on the Constitution, its benefit, the lapses and how far we can go to strengthen the constitution,” he added.
Amend some provisions
For instance, the A-G said it was necessary to amend some provisions of the constitution such as Article 78, which enjoined the President to appoint majority of his ministers from Parliament.
He argued that the President should be free to appoint his ministers from any quarter and not tied to appoint majority from Parliament.
Other important amendments, he said, should be the election of Chief Executives of metropolitan, municipal and district assemblies to strengthen the decentralisation process and also to make the Court of Appeal the final appellate court in most cases to reduce to burden on the Supreme Court.
Strengthening institutions
Mr Dame was of the view that instead of an overhaul of the constitution, the conversation should be on strengthening the capacity of public institutions to “hold the government more accountable and ensure that the right thing is being done.”
Again, he said, in order for an effective realisation of the values of the Constitution, institutions such as Parliament must effectively assume its powers and discharge its responsibilities under the Constitution.
Parliament, the A-G said, apart from its law-making role, was vested with numerous powers which promoted accountability, one of the cardinal principles of the Constitution.
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He enumerated some of the powers as the approval of the budget, taxation, international treaties, loans, exploitation of natural resources, Ministers, Justices of the Supreme Court, as well as other oversight responsibility for the activities of the Executive which included the power to inquire into activities of any Ministry or public institution.
“Indeed, I believe that if Parliament was to be exercising its powers more stringently and appropriately, I am sure that most of the concerns of people regarding the constitution will be addressed. The failure on the part of Parliament to exercise these oversight responsibilities cannot be attributed to defects in the Constitution,” he said.
Strong principles
Buttressing his views that the 1992 Constitution was one of the best in the world and can be applied to serve the aspirations of the people, Mr Dame cited numerous provisions in the Constitution, explaining how they were more elaborate as compared to other countries in the promotion of democracy and protection of fundamental human rights.
For instance, he said, the Constitution guaranteed an independent judiciary which was vested with full judicial review powers to ensure that every person or institution was subjected to the Constitution.
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In comparison with the US, he said, judicial review was not specifically spelt out by the American Constitution as in the case of Ghana, but had to be assumed by the US Supreme Court in a court decision.
“Again, our judicial review, exercised by the Supreme Court of Ghana, is better than the concept of judicial review in the United Kingdom (UK) where the Supreme Court may pronounce on the consistency of legislation in the UK with a European convention but does not have the power to pronounce on the legitimacy or lawfulness of an Act of Parliament by virtue of the concept of Parliamentary supremacy,” he said.
The Principal Legal Advisor to the government also referred to the comprehensive bill of rights in the 1992 Constitution to protect human rights as another example that set the Constitution apart from others.
“Despite the comprehensive bill of rights in Chapter 5 of the Constitution and other parts of the constitution, the Constitution in Article 33 (5) even states that the human rights provisions are not exhaustive as those not specifically mentioned in the Constitution would still be recognised so far as they are intended to secure the freedom and dignity of people,” Mr Dame said.
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Writer’s email: emma.hawkson@graphic.com.gh
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