Professor Kwesi Prempeh (2nd right), a law expert, addressing a forum on Ghana's constitutional Reforms in Accra. Those with him are Nana Yaa Ofori-Atta (right), the founder of the Heritage Project; Lawyer Kwame Boafo  Akuffo (extreme left), a private legal practitioner and Samson Lardy Anyenini, an Attorney at Law and the host of News File

It’s wrong for Prez to set up CRC — Speakers

Speakers at a public forum on the “dangers of the approach to Ghana’s constitutional reforms” have expressed varied concerns about the reform process.

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A Constitutional Law expert, Professor Kwasi Prempeh, was of the view that it was wrong for President John Mahama to have initiated the process of the review since the exercise was national and not a party one.

The President, he said, was elected on the platform of a single political party and that the party had included the promise of a constitutional amendment in its campaign promises that saw the election of the President.

Political colouration

The outcome of the process, therefore, risked not being seen to be all-inclusive due to political colouration.

The President, he said, had an aggregate of resources to thwart the process and comparative lessons from the sub-region and elsewhere had shown that if power was given to a sitting President to drive an amendment process, it would amount to putting too much power in the hands of one man.

The forum was organised by Imani Centre for Policy and Education as part of its 10th anniversary activities.  One Simple Step, a civil society organisation, partnered Imani for the forum, which was to enlighten the public to better understand the issues regarding the constitutional reforms.

Professor Prempeh said currently, it was difficult to determine the status of the process because it was being driven by one man who could decide to take any action at any time.

‘CRC alien to constitution’ 

Mr Kwame Boafo Akuffo, a lawyer, said the creation of the Constitutional Review Commission (CRC) by the President was “completely alien to the constitution” so the President did that to “suit himself”.

The review process, he said, was completely flawed because it was not the President who had to initiate it.

He also said Parliament had the inherent power to initiate the process, adding that the power to amend the Constitution could not be subsumed under the powers of a commission of enquiry.

When it came to matters that had to do with the amendment of the Constitution, he said the sovereign will of the people was vested in Parliament and not the President.

We must be on guard

“We must ensure that there is no chipping away of the constitution”, he maintained.

He said it was unfortunate that a colossal $6 million had been so far spent on a process that was fundamentally deficient.

“We must stand up and let our voices be heard that the people of Ghana would not want a thwarted constitution,” he said.

Nana Yaa Ofori Atta, Founder of the Heritage Project, said Ghanaians must be awake and not allow the bill on the amendment to be hurried through a parliamentary process of consideration.

Parliament in the dark

She said it was a matter of concern that at this stage of the process, the leadership of Parliament were still unaware of the nature of the bill that was supposed to be placed before it for consideration.

With the budget having been read, she said, it would take not less than 20 days for Parliament to exhaust deliberations on it and that by the time Parliament would finish, it would be time for recess.

She, therefore, warned against any attempt to push the bill through Parliament under a certificate of urgency, saying the constitutional amendment process was not a matter that required emergency action.

Mr Samson Lardy Anyenini, a lawyer, said the initiation of the constitution review process was a major step forward but the process ought not to be rushed so as to create a situation where another review process might have to be undertaken in the near future.

 

Writer’s email: victor.kwawukume@gmail.com

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