Ghana Constitution Review Committee Submits Final Report to President Mahama: Key Reforms Proposed

Introduction

In a significant development for Ghana’s democratic landscape, the Constitution Review Committee (CRC) has officially submitted its final report to President John Dramani Mahama. This event marks a pivotal milestone in the nation’s ongoing efforts to refine its governance framework. The submission of the report concludes an extensive period of national consultations and rigorous technical analysis aimed at evaluating the 1992 Constitution of the Republic of Ghana.

The primary objective of this constitutional review process is to identify gaps and propose actionable reforms that will strengthen Ghana’s democratic institutions, ensure greater accountability, and enhance the overall governance structure. As the document lands on the President’s desk, the nation turns its attention to the proposed amendments that could shape the future of Ghanaian politics. This article provides a comprehensive analysis of the committee’s composition, its mandate, the key proposals regarding the separation of powers and presidential terms, and the potential implications for the country.

Key Points

Background

To fully appreciate the weight of this report, one must understand the historical context and the specific mandate that guided the committee’s work. The 1992 Constitution is the supreme law of Ghana, establishing the framework for the Fourth Republic.

The Genesis of the Review Process

The current review is not the first of its kind, but it represents a continuous effort to adapt the constitution to the evolving needs of the nation. The mandate for this specific committee was born out of a national desire to address long-standing governance challenges. The government established the committee to ensure that the constitution remains a living document that serves the best interests of the Ghanaian people.

The committee’s work involved a “bottom-up” approach, engaging with civil society organizations, traditional leaders, political parties, and the general public to gather diverse perspectives on how the constitution functions in practice.

Composition of the Committee

The credibility of a constitutional review rests heavily on the expertise and neutrality of its members. The eight-member committee was carefully selected to represent a balance of legal, academic, and administrative experience.

The Members:

1. Prof. H. Kwasi Prempeh (Chairman): Executive Director of CDD-Ghana and a Professor of Law.
2. Justice Sophia Adinyira (Mrs.): A retired Supreme Court Justice with vast judicial experience.
3. Prof. Kwame Karikari: A respected media scholar and executive.
4. Charlotte Osei (Mrs.): Former Chairperson of the Electoral Commission of Ghana.
5. Dr. Godwin Djokoto: An academic and researcher.
6. Ibrahim Tanko Amidu: A legal practitioner and governance expert.
7. Dr. Esi Ansah (Mrs.): An academic and development professional.
8. Dr. Rainer Akumperigeya: A legal scholar and lecturer.

Analysis of the Report’s Content

The submitted report is expected to contain detailed proposals on various aspects of the constitution. However, two specific areas have already generated significant public discourse: the structure of government (separation of powers) and the duration of the presidential mandate.

Proposal for Separation of Powers

One of the most critical recommendations highlighted in the report is the proposal to strictly separate the Legislature from the Executive.

Understanding the Current System: In the current Ghanaian governance structure, the President appoints Ministers of State, some of whom are also Members of Parliament (MPs). This practice creates an overlap where the executive arm of government has a direct presence and influence within the legislative chamber.

The Proposed Reform: The committee argues that to ensure true checks and balances, members of the Executive (Ministers) should not be MPs. This separation is intended to allow Parliament to exercise its oversight function over the Executive more effectively and without conflict of interest. If implemented, this would mean that Ministers of State would have to resign their seats in Parliament if they are appointed, or that serving MPs would be ineligible for ministerial appointments. This reform aims to curb the “winner-takes-all” nature of Ghanaian politics and strengthen parliamentary independence.

The Debate on Presidential Terms

The report also delves into the tenure of the President, specifically addressing the duration of the term and the possibility of a third term.

Extension to Five Years: The committee has proposed extending the presidential term of office from the current four years to five years. The rationale often cited for such proposals is that four years may be insufficient for a government to fully implement its development agenda before facing re-election. A five-year term could provide more stability and continuity in policy implementation.

No Third Term: Crucially, the committee has noted that there is no constitutional provision for a third term for a President. This serves as a reinforcement of the existing constitutional limit (which is two terms). By explicitly stating this in their findings, the committee aims to shut down any potential ambiguities or attempts to extend presidential tenure beyond the constitutional limit. This recommendation is vital for safeguarding democratic transitions and preventing entrenchment of power.

Practical Advice and Next Steps

The submission of the report is not the end of the journey; it is the beginning of a new phase in the constitutional reform process. Here is what happens next and why it matters.

The Path to Constitutional Amendment

Changing the Constitution of Ghana is a rigorous process outlined in Article 94. It requires more than just a presidential assent.

Parliamentary Approval: First, the report will be laid before Parliament. The recommendations will likely be debated, and a Bill for a Constitutional Amendment will be introduced. To pass this bill, Parliament must achieve a two-thirds majority vote.

Referendum: Certain amendments, particularly those affecting the Executive and the Judiciary, may require a national referendum. For a referendum to pass, it requires a turnout of at least 40% of registered voters and a 55% “Yes” vote.

Stakeholder Engagement: Citizens and Civil Society Organizations (CSOs) should remain vigilant. It is practical to follow the debates in Parliament, participate in public forums, and ensure that their representatives vote according to the will of the people. Understanding the specific articles being amended is crucial for informed participation.

Implications for Governance

If these reforms are adopted, they could fundamentally alter how Ghana is governed. The separation of powers could lead to a more assertive Parliament. A five-year term could change the rhythm of the political calendar and economic planning. However, these changes also require administrative adjustments and a shift in political culture.

FAQ

Conclusion

The submission of the Constitution Review Committee’s final report to President Mahama is a historic moment for Ghana. It represents a collective effort to fine-tune the nation’s governance architecture. While the proposals regarding the separation of powers and the extension of the presidential term are significant, they also open a new chapter of national dialogue and legislative action.

The true measure of this process will be the willingness of political actors and the citizenry to engage constructively with the recommendations. As the report moves to Parliament and into the public domain, the focus must remain on the ultimate goal: building a more robust, accountable, and democratic Ghana for future generations.