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• February 18, 2022
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• Ghana New Constitution

For years now, the Economic Fighters League has campaigned for a New Constitution for the Republic of Ghana. It has been clear to us for some time that unless we go to the roots of our problems, we will keep window dressing them without solutions. We have reached a point where it has become urgent to change course n the way our country is governed so that we can provide the development and prosperity that our ancestors dreamed of. Continuing on this path of excruciating poverty in the midst of plenty, youth exclusion, arrogance of power in the hands of a few, acute inequality etc. will only lead to disintegration and destruction. It is unsustainable. Below are some of the reasons for which we think the 1992 Sakawa Constitution must go and pave way for a new constitution, a new system to cater for the needs of all rather than the luxuries of a few. We must make radical, fundamental changes while we still can.

1. The 1992 Constitution gives excessive power to the executive. The President literally appoints everybody that matters in the system, so everybody works to please him. From cabinet to local government; from judges to so called independent constitutional bodies from security, civil service local to state enterprises, regulatory bodies and corporations. Too much power in the hands of one person is dangerous. This constitutional architecture ensures that the president and by extension those who have his favour can do whatever they like without any chance of being held accountable.

2.  The 1992 Constitution has failed to guarantee consistent people-centred development

Ghanaians need a long-term development plan with a national vision, that is binding on all governments regardless of which party is in power. The plan should include all aspects of national life and incorporate views and ideas from every Ghanaian – rich and poor, young and old. Article 86 of the 1992 Constitution establishes the National Development Planning Commission, which makes short-term plans, not binding on successive governments and subject to partisan political direction

3.  The 1992 Constitution curtails fair distribution of the wealth of the nation by creating a special class of people who take huge salaries and are entitled to multiple ex-gratias

Article 71 of the constitution creates a special class of public servants made of the Executive, Parliament, Judiciary and heads of other bodies. This class of people are given ex-gratia every four years based on recommendations of a committee set up by each sitting President under article 71 of the constitution.

4.  The 1992 Constitution is skewed against the youth

The constitution bars young people from becoming President. Article 62 (b) says that only a person who is 40 years or above can become President of Ghana. This is discriminatory against the young people of the country who constitute majority in the population. In fact, according to the Ghana Statistical Service 2021 Population and Housing Census, 75% of Ghana’s population is 35 years or below. In the whole constitution, the word “youth” is not even mentioned, not even once. No wonder the governance of the country is so unimaginative.

5.      The 1992 Constitution makes Parliament a rubber stamp

The constitution in Article 78 requires the President to appoint a majority of ministers from Parliament. Due to this, no member of the President’s party in Parliament will have the courage to disagree with the executive. Once parliamentarians are appointed ministers, it has several effects

•       they become part of the executive and are unable to hold the executive (which they are part of) accountable

•        They have no time for parliamentary work. So the Constitution set up Parliament to be a check on the Executive while at the same time put provisions inside that makes that duty impossible.

6.      The 1992 Constitution created a judiciary that largely serves the upper class

The Judiciary is at the mercy of the executive, which is at the top of the upper-class power structure. Article 144 puts the judiciary at the mercy of the President. Clauses 1, 2, 3, 4 and 5 of that article provide that the President should appoint the Chief Justice, Justices of the Supreme Court, Appeals Court, High Court, and heads of Regional Tribunals. It is undeniable that the political implications of an overbearing executive that controls appointments and indeed participates in the removal process of judges can be held accountable through the courts.

7.      The 1992 Constitution created exclusionary governance

The winner-takes-all syndrome has been created by the 1992 sakawa constitution. It prevents inclusion and national cohesion and promotes divisiveness and potential for conflict. The first-past-the-post electoral system excludes women, the PWDs and minority groups from governance. All over the world, it is known that proportional representation is what ensures inclusivity in diversity.

8.      The 1992 Constitution is not built on Pan-African orientation

The Constitution has no contemplation of the burning imperative for African unity. Nor does it recognize the oneness of Africa. This orientation is counterintuitive given the historical Pan-African position of Ghana and. The need for the continent to unite and build resilience against the second scramble that is now underway.

9.      The 1992 Constitution has failed to ensure gender equality in governance and decision making

With the first-past-the-post electoral system ingrained in the governance system created by the Constitution, fairness in representation in governance and decision-making can only be a mirage. Since 1970, women have consistently constituted over 50 percent of the national population. Their representation in parliament however has never crossed 15 percent. Similar story with cabinet positions and other decision-making roles within the governance architecture. This is unfair and unjust.

10.  The 1992 Constitution guarantees human rights and fundamental freedoms on paper but their realization remains a problem

On paper, human rights are guaranteed but in practice, their realization is based on the whims and caprices of the powerful class. Even though then fundamental rights are written in the constitution, the political economy created by the implementation of the constitution has debased any chance of actually realizing these rights.

11. The 1992 Constitution does not promote people power

The current dispensation only allows people to vote once every four years, and after voting, their elected representatives vanish only to be seen in four years’ time during another election time. And they cannot be changed or held accountable in any way until the next election. With power in the hands of the people, the people should be able to remove their leaders/representatives who are either non-performing or no longer representing their interests. This will hold them in constant check as they know they can lose the power given them by the people.

12. The 1992 Constitution does not promote true equality before the law

Indemnity clauses – Article 34 of the transitional provisions provides that no one involved in the coups d’état in 1966, 1972, 1979 and 1981 can be held accountable for any actions or atrocities they may have caused. The soul of the nation is in the constitution and this constitution is founded on injustice, the soul of the nation is sick. And these clauses cannot be removed from the 1992 constitution. They can neither be amended or repealed. Only a New Constitution can heal our nation.

Additionally, the elite hold on the judiciary makes it possible for rich, upper-class criminals to go unpunished while lower class offenders re given the harshest sentences.

These are just a few of the many reasons for which Ghana urgently requires a New Constitution. The 1992 sakawa constitution is the root of our heavily flawed governance system, capture, the powerlessness of the people, the lack of accountability, the corruption, the unjust justice system, the unequal distribution of the nation’s wealth, you name it.

You cannot have a bad constitution and expect a good society

CIC Ernesto Yeboah

As Ernesto Yeboah, Commander-in-Chief of the Economic Fighters League famously said, “you cannot have a bad constitution and expect a good society”.

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