Part 2: Critical Analysis of the Constitutional Review Committee Report Submitted to President Mahama

Introduction

The political philosophy of Plato famously asserts that “the good of the state depends on the goodness of its laws.” This sentiment resonates deeply with the current constitutional moment in Ghana. The submission of the Constitutional Review Committee (CRC) Report to His Excellency President Mahama has rightfully ignited robust public dialogue and demanded active civic engagement. Following our initial review, this article serves as a comprehensive follow-up, delving deeper into the complex web of governance, accountability, and human rights proposed within the document.

While the CRC’s diligence and reformist intent are evident, rigorous scrutiny is essential to ensure that proposed amendments are not only well-intentioned but also practical, enforceable, and aligned with the democratic aspirations of the Ghanaian people. This analysis examines specific recommendations, highlighting potential loopholes, legal implications, and the necessity for further refinement to build a resilient constitutional framework.

Key Points

Background

The Constitutional Review Committee was established to evaluate the 1992 Constitution of Ghana and recommend amendments to strengthen democratic governance, protect fundamental human rights, and improve state accountability. The Fourth Republic has faced persistent challenges regarding the size of government, the scope of presidential powers, and the inclusivity of the political system.

Previous administrations have often justified large cabinets and executive staff as necessary for effective governance. However, this has frequently led to bloated government structures and high public expenditure. Simultaneously, debates regarding the eligibility of Ghanaians with dual citizenship to hold public office have persisted. The CRC Report aims to resolve these historical tensions through specific constitutional amendments.

Analysis

The CRC Report covers a wide range of issues. Below is a detailed analysis of the most critical proposals.

Immunities After Ceasing to be President

Under current Ghanaian law, criminal offenses are generally not statute-barred; prosecution can be commenced at any time if an act was a crime when committed. This principle applies to all citizens, reinforcing the idea that public wrongs do not expire. The CRC acknowledges this by recommending that the President should pay income tax, aligning the office with the fiscal responsibilities of ordinary citizens.

However, a significant contradiction arises with the recommendation to restrict criminal proceedings against a former President to a four-year window after leaving office for acts committed in their personal capacity. While civil suits would remain subject to standard limitation periods, this proposed criminal shield is unique. It raises a fundamental question of constitutional coherence: If the President is to be treated as an ordinary citizen for taxation, why should they be treated as a protected class regarding criminal culpability? This creates a “dual benefit” that undermines the principle of equality before the law.

Total Number of Ministers (Article 78(2))

To address the chronic issue of government bloat, the Committee recommends amending Article 78(2) to introduce a numerical ceiling on ministerial appointments. The proposal limits the total number of Ministers of State, including Deputy and Regional Ministers, to three times the number of Cabinet Ministers. With the Cabinet capped at 19, the total limit would be 57.

While this appears to be a bold intervention, the proposal includes a critical loophole: a President can exceed this ceiling by furnishing Parliament with written justification and obtaining approval by a simple majority. In a political environment where the executive branch often commands a majority in Parliament, this “escape clause” is unlikely to act as a genuine check. Without a hard cap or a super-majority requirement for exceeding the limit, the reform risks becoming symbolic rather than substantive. Furthermore, the proposal fails to address the size of the Office of the President (Presidential Staffers and Special Assistants), which often serves as a parallel channel for expanding executive influence.

MPs Engagement with Constituents

The recommendation to amend Chapter Ten to require Members of Parliament (MPs) to hold at least one in-person, non-partisan town hall engagement per recess is a progressive step toward participatory democracy. It strengthens accountability by creating a direct interface between representatives and constituents.

However, the proposal is incomplete regarding implementation logistics. Issues such as funding, venue costs, and security have not been clarified. Who bears the cost—the State, Parliament, the MP, or political parties? Without clear provisions on financing, this mandate could lead to inequities, where wealthy MPs deliver better engagement or where the burden discourages compliance. Sustainable constitutional reform requires explicit funding mechanisms to ensure uniform application.

Contempt of Parliament

The Committee’s recommendation to subordinate Parliament’s contempt powers to the fundamental rights enshrined in Articles 21 (Freedom of Speech) and 162 (Freedom of the Press) is commendable. It prevents the misuse of parliamentary authority to silence criticism. By directing aggrieved parties toward defamation suits or the National Media Commission, the proposal aligns with due process.

However, this reform focuses solely on parliamentary overreach. It fails to address the widespread practice of using state security agencies (police, intelligence) to intimidate journalists, activists, and opposition figures. A comprehensive reform must also establish statutory limits on the use of state security in matters of expression and dissent, ensuring that the offense of “false news” or “breach of the peace” is not weaponized to suppress free speech.

Multiple Citizenship and Political Eligibility

The proposal to replace “dual citizenship” with “multiple citizenship” and restrict disqualifications solely to the offices of President and Vice President is a welcome modernization. It eliminates the unfair blanket ban on MPs holding dual nationality, promoting inclusivity and recognizing the global nature of the Ghanaian diaspora. Eligibility for other public offices would be based on standard criteria like age and competence rather than nationality alone.

Despite these positives, a critical gap remains: the lack of provisions to prevent public officeholders from traveling abroad to evade accountability. For individuals holding citizenship in countries like the US, UK, or France, the risk of fleeing Ghana to avoid prosecution is real. The framework needs mechanisms to ensure that accountability processes cannot be circumvented by diplomatic immunity or expatriation, ensuring that all officeholders remain subject to Ghanaian law.

The Right to Housing

Enshrining the Right to Housing is a commendable step to protect vulnerable populations from forced evictions during compulsory acquisitions or urban redevelopment. The requirement for the State to provide dignified alternative accommodation aligns with international human rights standards.

However, practical challenges abound. A strong constitutional right to housing might inadvertently incentivize rural-urban migration, exacerbating the growth of slums (e.g., the phenomenon of *kayayei*). Managing these settlements and addressing eviction rights imposes significant fiscal and administrative burdens on the state. Additionally, the lack of post-service housing policies for public officials creates a dependency on state accommodation. Without complementary policies that balance individual rights with sustainable urban planning and resource management, this right could face implementation crises.

The Right to Health

The recommendation to enshrine access to emergency medical treatment as a constitutional right aims to prevent the tragic loss of life due to denial of care. However, the practical reality of Ghana’s healthcare system—specifically the “no bed syndrome” and staff shortages—raises serious concerns.

Making emergency care an absolute constitutional liability without simultaneously upgrading infrastructure, staffing, and equipment places medical practitioners in an untenable position. It risks creating legal conflicts where doctors are held liable for systemic failures beyond their control. Any constitutional amendment here must be accompanied by enforceable state obligations to expand healthcare capacity and legal safeguards for practitioners facing resource constraints.

Persons with Disability (PWDs)

Reflecting Shakespeare’s sentiment that “What a piece of work is a man,” the CRC Report recognizes the inherent dignity of Persons with Disabilities (PWDs). While Ghana has made strides since the passage of Act 715, implementation gaps in infrastructure, transport, and employment persist.

The Committee’s proposal to amend Article 29 is bold and rights-centered. It recommends a constitutional mandate for rigorous accessibility safeguards in all publicly funded infrastructure, including pre-construction audits and compliance certification. Crucially, the proposal to bar public funds for infrastructure that fails accessibility standards demonstrates strong fiscal responsibility. This ensures that public money does not entrench exclusion.

Key Reforms on Land Acquisition and Mineral Revenue

The CRC proposes vital amendments to Article 20 regarding compulsory land acquisition. The reforms ensure that land bought compulsorily is used strictly for public purposes within a defined time, with reversion rights to the original owner if underutilized. This combats speculative land hoarding.

Regarding natural resources, the proposal to allocate 3% of mineral revenue to host communities is a forward-thinking mechanism for equitable development. Managed by a representative board, this fund could address local infrastructure and environmental needs. These reforms reflect a commitment to social justice and equitable resource management.

Practical Advice

For the CRC Report to transition from a document to effective policy, the following practical steps are recommended:

• Hard Caps on Ministerial Numbers: Remove the simple majority “escape clause” for exceeding ministerial limits. Require a super-majority (e.g., 2/3rds) or a fixed, non-negotiable cap.
• Define MP Engagement Funding: Explicitly legislate that constituency engagement funds be drawn from a dedicated Parliamentary budget to ensure equity across rich and poor constituencies.
• Anti-Evasion Protocols: Introduce travel restrictions or escrow requirements for public officials under investigation to prevent the misuse of multiple citizenships to flee justice.
• Healthcare Infrastructure First: Prioritize the passage of supporting legislation that funds hospital expansion before or simultaneously with the constitutional amendment for emergency care rights.
• Security Sector Reform: Expand the contempt reforms to include statutory limitations on the use of police for silencing dissent, ensuring a holistic protection of free speech.

FAQ

Conclusion

The Constitutional Review Committee Report represents a significant and ambitious effort to refine Ghana’s governance architecture. Proposals regarding disability rights, mineral revenue sharing, and electoral inclusivity are particularly strong. However, for the reforms to be enduring, they must be free of contradictions and loopholes.

The discrepancies in presidential accountability, the weak enforcement mechanism for ministerial caps, and the lack of funding clarity for MP engagements require careful refinement. As Plato suggested, the laws must order society toward the common good. If Ghana is to build a resilient and just constitutional framework, the path forward requires discernment, restraint, and a commitment to closing loopholes that allow power to evade accountability.