Constitution must inspire trust— President

President John Dramani Mahama has charged the newly instituted Constitutional Review Committee to embark on a nationwide engagement with citizens from diverse backgrounds to ensure that the constitutional review process is inclusive and representative of all Ghanaians. 

The President emphasised that the Constitution must be a unifying force, inspiring trust and providing a framework for a more just, equitable and prosperous society.

“This Constitution must belong to all of us.

It must inspire trust, it must unite us, and it must provide the framework for a more just, inclusive and prosperous Ghana,” President Mahama said.

President Mahama gave the charge yesterday when he swore in members of the committee at a short ceremony at the Presidency in Accra. 

Committee

The committee, composed of eight members, is chaired by Professor H. Kwasi Prempeh and includes notable figures such as Justice Sophia Adinyirah, Prof. Kwame Karikari, and Mrs Charlotte Osei.

Others are Dr Godwin Djokoto, Ibrahim Tanko Amidu, Dr Esi Ansah and Dr Rainer Akumperigeya, who is also the Secretary. 

The committee's primary objective is to identify gaps and challenges in the implementation of previous constitutional review work done by the 2010 Constitution Review Commission and the 2023 Constitution Review Consultative Committee. It has six months to complete its work.

President Mahama emphasised that the call for constitutional reforms was not an admission of failure but rather an acknowledgement of the progress made and the need for a dynamic, responsive and inclusive democracy.

"The strength of any democracy lies in its ability to adapt," President Mahama said.

He said the committee members’ task was critical, because they were not just reviewing reports and proposing amendments but also helping to shape the future of the nation.

"You are helping to shape the future of our dear nation, your mandate is to examine past recommendations, identify necessary changes, and create a clear roadmap that will finally lead to meaningful constitutional amendments,” President Mahama said.

President Mahama said the committee's composition was notable, as its members were chosen for their integrity, expertise and commitment to Ghana's progress, rather than political considerations.

"I take great pride in the composition of this Committee, you have not been chosen out of political consideration but for your integrity, expertise and commitment to Ghana's progress," President Mahama said.

President Mahama said as the country stood at the threshold of a new chapter in its democratic journey, the committee’s work was crucial.

"We stand at the threshold of a new chapter in our democratic journey.

Let us approach it with wisdom, urgency, and a shared commitment to building a Ghana that will continue to stand as a beacon of democracy and hope, not only in Africa but in the world,” he said. 

Welfare

The Attorney-General and Minister of Justice, Dr Dominic Akuritinga Ayine, emphasised that the committee’s core duty was not just to review the Constitution but to critically examine its implementation over the past three decades.

That, he said, included assessing statutes, regulations, judicial decisions and public policies designed to give effect to the Constitution's provisions.

Dr Ayine said, Ghana's collective experience had shown that certain aspects of the Constitution were not welfare-enhancing and needed to be refashioned.

He quoted American jurist, Justice Oliver Wendell Holmes, saying, "The life of the law has never been logic but experience."

He highlighted the importance of applying the letter and spirit of the Constitution to all aspects of national life.

Dr Ayine acknowledged that the country had been derelict in its duty to breathe life into the 1992 Constitution, citing the example of the property rights of spouses, which remained unlegislated 32 years after the Constitution's enactment.

Confidence

Dr Ayine expressed confidence in the committee’s capabilities, saying the members had been carefully selected to inspire confidence in the people.

He said the easiest part of the job of the committee was to follow the specified methods of alteration of the Constitution.

He charged them to recommend substantive provisions that conformed to the welfare principle of the Constitution, which prioritised the sovereignty and welfare of the people.

The Chairman of the Committee, Prof. Prempeh, pledged the committee’s commitment to the task.

He also praised the President for making the establishment of the committee one of his first tasks after assuming office. 

“Your naming and inauguration of this committee in the very early weeks of your assumption of office as President signals to us, the members of this committee, as well as to the nation, the sincerity and seriousness of your commitment,” Prof. Prempeh said. 

Efforts

Efforts to review the 1992 Constitution have been ongoing for several years. One notable attempt was the establishment of the Constitution Review Commission (CRC) of Inquiry in 2010, which aimed to identify amendments required for a comprehensive review of the Constitution.

The CRC was set up by Constitutional Instrument 2010 (C.I.) 64 as a Commission of Inquiry to conduct a consultative review of the Constitution by then President John Evans Atta Mills.

The commission conducted nationwide consultations, receiving views from various stakeholders, including civil society organisations, traditional leaders and ordinary citizens.

After gathering these views, the commission submitted its report to the President in December 2011.

However, the implementation of the commission's recommendations was slow.

In 2012, the government established a Constitutional Review Implementation Committee to oversee the implementation of the recommendations but progress was limited.

The change of government in 2017 further slowed down the implementation process.

However, former President Akufo-Addo in 2023 set up a Constitution Review Consultative Committee to continue with the earlier efforts, although not much was seen of the committee before the change of government this year.

The latest development, with President Mahama establishing a new Constitutional Review Committee, is a continuation of those efforts.