The government has unveiled a comprehensive constitutional reform package that accepts a five-year single term for the President, the removal of the dual citizenship bar for Members of Parliament (MPs), and the establishment of a comprehensive Human Rights law, among other proposals.
Presenting the government's position paper on the final recommendations of the Constitutional Review Committee (CRC) at the Jubilee House in Accra yesterday, the Attorney-General and Minister of Justice, Dr Dominic Akuritinga Ayine, described the proposals as a transformative step from "electoral democracy to a developmental democracy."
The report, submitted to the President on February 10 this year, contains 147 proposals for constitutional amendments and 59 entirely new provisions, bringing the total proposed amendments to 206.
The Attorney-General stated that the document being published was "not a government White Paper" but a considered position of the Executive arm of government.
Dr Ayine explained that each recommendation was subjected to rigorous constitutional analysis against the 1992 Constitution and weighed against the practical experiences of the country.
Presidential terms
Among the most significant proposals is the extension of the presidential term from four years to five years, with Parliament's term correspondingly adjusted.
The Attorney-General argued that under the current four-year two-term cycle, the early months of every administration were consumed by transitional activities and the final year was lost to electioneering, whereas a five-year term provided a more realistic timeframe for policy formulation and implementation.
The minimum age for presidential candidates would be reduced from 40 years to 35, a modification of the committee's recommendation of 30 years.
President John Dramani Mahama’s government argued that 35 years was consistent with modern democratic constitutions towards greater inclusivity of youth, while ensuring candidates had maturity and experience.
Presidential election petition
Also, presidential elections would be fixed for the first week of November, providing certainty to the electoral calendar and ensuring an adequate interval between the election and the inauguration of an elected President on January 7.
As regards presidential election petitions, the government accepted that a petition must be filed within 14 days of the Declaration of Results and must be determined by the Supreme Court within 30 days.
The Constitution would be amended to specifically provide for the new timelines once adopted, and there would be a constitutional obligation on the Electoral Commission (EC) to disclose all relevant data to the court and to all parties.
Presidential taxes
The government has accepted that the President should not enjoy tax exemptions by virtue of office alone.
The President will pay tax on salary and allowances, as well as applicable direct taxes on bills and services.
However, the proposal to tax the President's retirement gratuity and pension was not accepted.
Dual citizenship
Perhaps the most significant break from the current constitutional order is the proposal on dual citizenship.
The government accepted that Ghanaian citizens by birth, who hold citizenship of another country, will no longer be disqualified from contesting parliamentary elections.
“Multiple citizenship will no longer disqualify a person from holding specified offices, except that of President and Vice-President of the Republic,” Dr Ayine said.
The acceptance means dual citizens could now become a Chief Justice, Electoral Commission Chair, or Speaker of Parliament, among other high offices.
Parliament
On the size of Parliament, the government accepted a ceiling of 300 members.
Of these, 276 members would be elected directly in constituency elections, while the remaining 24 would be elected or selected through proportional representation among women, persons with disabilities, and the youth.
An independent study will be commissioned into the design of the proportional representation element, the Attorney-General said.
Attorney-General, Justice Minister
The government has also accepted a cap of 60 ministers of state, a modification of the committee's recommendation of 57. Ministers may or may not be drawn from Parliament.
In what the Attorney-General described as "a significant restructure of the legal architecture of the executive," the government has proposed the splitting of the Attorney-General's portfolio from the Ministry of Justice.
Under the new arrangement, the Attorney-General will cease to be a Minister of State and member of Cabinet, but will remain the principal legal advisor and repository of prosecutorial authority.
A separate Minister of Justice will be established to oversee the justice sector. The Attorney-General will enjoy the same terms and conditions as a Supreme Court Justice, and removal will follow the Article 146 procedure requiring a petition and determination of a prima facie case.
"I believe history will judge kindly," Dr Ayine remarked on this restructuring.
Judiciary, human rights
On the judiciary, the government supports a fixed single non-renewable term of 10 years for the Chief Justice, until the age of retirement at 70 years, whichever comes first.
The Supreme Court membership would be capped at 19 justices, as opposed to the committee's recommendation of 15, promoting efficiency, while remaining sufficiently robust to discharge the court's constitutional mandate.
Touching on fundamental human rights, the government accepted the spirit of the committee's numerous proposals to expand Chapter Five rights, including economic, social and cultural rights, the rights of women, children, persons with disabilities, older persons, and youth, as well as rights to health care, housing, a clean environment, and food.
However, the Attorney-General stated that the practical difficulty was that Chapter Five was entrenched, and amending each provision would require a separate national referendum.
The solution, he said, lay in Article 33 of the Constitution itself, which provided that rights mentioned in Chapter Five were not regarded as excluding others inherent in a democracy.
The government would, therefore, enact a comprehensive Human Rights Act to elaborate on existing rights, extend protection to new categories, and incorporate Ghana's obligations under international conventions, Dr Ayine said.
Significantly, the Act would be protected from easy repeal, with any amendment or repeal requiring 75 per cent of MPs, the Attorney-General added.
The death penalty would be abolished, with offences that previously attracted it now attracting life imprisonment.
“This is already underway in Parliament through a private member's bill by the Honourable Francis-Xavier Sosu, MP for Madina, the Attorney-General added.
Local government
With local governance, the government has gone further than the committee.
While the committee recommended a phased approach based on district fiscal capacity, the government has taken the position that all District Chief Executives should be elected.
The process would involve the President nominating five persons, two of whom shall be women, with three shortlisted, one of whom shall be a woman, who would then become candidates for election.
The government has also accepted the establishment of an Independent Public Emoluments Commission to determine salaries, allowances, facilities, and privileges of public office holders listed in Article 71, including the President, Vice-President, MPs, and heads of the EC, the National Commission on Civic Education (NCCE), and the Judiciary.
The current arrangement, under which a committee appointed by the President determines emoluments, including the President's, creates a structural conflict of interest, the Attorney-General noted.
Political parties
Regarding political parties, the government accepted the recommendation to require every registered political party to accord its members in good standing equal voting rights in the selection of parliamentary and presidential candidates.
The Attorney-General said just last Wednesday that the Supreme Court, in the case, held that all registered members of a political party should be allowed to take part in internal elections.
The government also accepts in principle the recommendation for an independent body to register and regulate political parties, preferring a Political Parties Regulatory Commission, rather than a mere registrar or regulator.
Campaign financing and internal democracy will be addressed through legislation.
However, the government rejected enshrining fiscal sustainability rules into the Constitution.
The Attorney-General explained that those belonged in the Public Financial Management Act, as fiscal rules must be adaptable as economic conditions change.
“The Constitution should state principles while the statute should carry the procedure. Government has undertaken to bring amendments to the Public Financial Management Act to give effect to the committee's financial management recommendations,” Dr Ayine stated.
Corruption
On corruption and accountability, the government will establish a Public Ethics Commission under the Conduct of Public Officers Bill currently before Parliament.
The government has also accepted the introduction of a citizen initiative mechanism for constitutional amendment.
Citizens will be able to propose amendments upon securing support of registered voters, subject to minimal regional representation and gender balance.
The Attorney-General noted that the government also accepted a recommendation for persons of African descent in the diaspora to have a constitutional right to a heritage-based pathway to citizenship. Parliament will legislate the criteria, and safeguards will be put in place to ensure the right is not abused.
Referendum
The Attorney-General and Minister of Justice said two Constitutional Amendment Bills would be prepared.
The first bill will cover amendments to the non-entrenched provisions and will follow the procedure in Article 291, involving publication in the Gazette, laying in Parliament, referral to the Council of State, and passage by a majority of all Members of Parliament.
The second bill will cover amendments to the entrenched provisions and must travel the route prescribed by Article 290, including publication in the Gazette for six months, laying in Parliament, and submission to the people at a national referendum.
For the referendum to carry, at least 40 per cent of eligible registered voters must vote, and at least 75 per cent of those voters must vote in favour.
Both bills should be ready by October this year, Dr Ayine said.
To avoid the enormous cost of a standalone referendum, he said the government intended the referendum on the second bill to be held alongside the district assemblies elections in 2027.
Alongside the two bills, government would bring complementary legislative reforms, including amendments to the Public Financial Management Act, to give effect to recommendations that do not require constitutional changes, the Attorney-General stated.
