Introduction

The 1992 Constitution of Ghana is the supreme law of the land, but it is not a static document. It is a living framework designed to evolve alongside the nation’s democratic journey. Recently, the conversation surrounding potential constitutional amendments has taken center stage in Ghanaian public discourse. Charlotte Kesson-Smith Osei, a member of the Constitution Review Committee (CRC), has stepped forward to clarify a fundamental democratic principle: every Ghanaian possesses the right to propose changes to the Constitution.

Amidst public debates regarding the CRC’s recent proposals—specifically concerning the extension of the presidential term and the handling of Article 71 on public emoluments—Osei’s remarks on PleasureNews’ Newsfile serve as a vital reminder of the participatory nature of constitutional governance. This article explores the context of these discussions, the mandate of the CRC, and the specific reforms currently under consideration, providing a comprehensive analysis of Ghana’s ongoing quest for a more robust democratic framework.

Key Points

Background

The Role of the Constitution Review Committee

To understand the significance of Charlotte Osei’s statement, one must understand the mandate of the Constitution Review Committee (CRC). Established by the Government of Ghana, the CRC is tasked with reviewing the 1992 Constitution to identify areas that require amendment or reform. The goal is to ensure that the Constitution remains relevant, effective, and capable of addressing contemporary governance challenges.

The Current Constitutional Landscape

The 1992 Constitution, which ushered in the Fourth Republic, has been praised for its resilience but has also faced criticism regarding specific provisions. Over the years, various stakeholders, including legal experts, civil society organizations, and the general public, have voiced concerns about certain clauses that they believe hinder effective governance or do not serve the best interests of the citizenry.

Charlotte Osei’s intervention on Newsfile comes at a critical juncture. As the committee prepares its final report, rumors and misunderstandings regarding specific proposals—such as the presidential term limit—have sparked heated debate. Her assertion that Ghanaians are entitled to suggest adjustments is not just a statement of fact; it is a call to action for civic engagement in the nation-building process.

Analysis

The Philosophy of Democratic Ownership

Charlotte Osei’s assertion that “Ghanaians have the right to propose changes to the constitution” underscores the principle of popular sovereignty. In a constitutional democracy, the constitution is not a document owned by the political elite or a committee; it is a social contract between the state and the people. By emphasizing this right, Osei validates the public’s frustration and encourages a bottom-up approach to governance reform.

Key Reform Proposals Under Scrutiny

The CRC’s draft document contains several high-stakes proposals. Understanding these is essential to grasping the scope of the potential changes.

1. Separation of the Legislature from the Executive

One of the most significant structural reforms proposed is the separation of the Legislature from the Executive. Currently, the Executive branch in Ghana is heavily fused with the Legislature due to the practice of appointing Ministers of State from among Members of Parliament (MPs). Critics argue that this fusion compromises the independence of Parliament, turning it into an extension of the Executive.

The proposal to separate these powers aims to strengthen parliamentary oversight. If implemented, MPs who are not ministers could focus entirely on legislation and oversight, potentially reducing the “winner-takes-all” nature of Ghanaian politics and enhancing checks and balances.

2. The Presidential Term Limit Controversy

Public anxiety has been particularly high regarding the presidential term limit. The current Constitution stipulates a two-term limit of four years each. There have been suggestions in some quarters that this might be extended to five years per term.

Charlotte Osei clarified that the Constitution unequivocally prohibits a third presidential term. The CRC’s role is not to remove term limits but to ensure that the existing provisions are clear and effective. The discussion around term length (4 vs. 5 years) is a matter of administrative efficiency versus democratic accountability, and the committee is weighing these factors carefully.

3. Article 71 and Public Emoluments

Article 71 deals with the determination of the salaries and allowances of the President, the Vice President, Ministers of State, and other public officials. This article has long been a subject of contention because the determination of these emoluments is often opaque and perceived as self-serving by the political class.

The CRC is looking at proposals to either remove the determination of these emoluments from the exclusive preserve of the Executive/Parliament or to make the process more transparent. The goal is to ensure that public officials are compensated fairly without imposing an undue burden on the national treasury.

The Committee’s Balancing Act

Osei noted that the committee is “planned in averting proposals that might create new challenges.” This is a crucial analytical point. Constitutional reform is a delicate engineering process. Changing one article might have unintended ripple effects on others. The CRC’s approach appears to be one of caution—prioritizing stability and long-term national interest over populist or reactionary changes.

Practical Advice

How Ghanaians Can Participate in the Constitutional Review Process

Charlotte Osei’s statement is an invitation to civic duty. If you are a Ghanaian citizen who wishes to contribute to the constitutional review, here are actionable steps you can take:

1. Stay Informed Through Credible Sources

Constitutional law can be complex. Avoid relying on social media rumors. Follow reputable news outlets (like JoyNews, Multimedia Group, and other verified platforms) and official government communications regarding the CRC’s findings.

2. Engage with Civil Society Organizations (CSOs)

Many CSOs are currently analyzing the CRC’s proposals. Join town hall meetings, webinars, and public forums organized by these groups. They often break down complex legal jargon into understandable concepts.

3. Submit Written Memoranda

While the main consultation phase may be nearing completion, the legislative process that follows the CRC’s report usually allows for further public input. Keep an eye out for opportunities to submit memoranda to the appropriate parliamentary committees once the bill is laid before the House.

4. Understand the Specific Articles

Focus your advocacy on specific Articles that affect you. For example:

• Article 71: If you are concerned about public spending, focus your arguments here.
• Article 66: If you have strong views on term limits, ensure your voice is heard on this specific provision.

5. Constructive Dialogue

When discussing these issues online or in communities, stick to facts. Avoid personal attacks on committee members like Charlotte Osei. A pedagogical approach to discussion—explaining *why* you support or oppose a specific amendment—is more effective in swaying public opinion and influencing decision-makers.

FAQ

Conclusion

Charlotte Osei’s clarification that Ghanaians are entitled to suggest constitutional adjustments is a reaffirmation of democratic values. The ongoing review of the 1992 Constitution is not merely a legal exercise; it is a pivotal moment for Ghana to recalibrate its governance architecture. Whether it is the separation of powers, the specifics of Article 71, or the duration of presidential terms, these issues touch the very core of how the nation is governed.

As the Constitution Review Committee moves toward finalizing its proposals in January, the onus is now on the citizenry to remain engaged, informed, and active. By exercising their right to propose and critique changes, Ghanaians can ensure that the Constitution remains a true reflection of their collective will and aspirations.