Deliberate, Value-driven Constitutional Reform Required

Renowned constitutional lawyer, Clara Kowlaga Beeri Kasser-Tee, has called for a thoughtful, value-driven and structurally targeted approach to constitutional reform in Ghana, warning against scapegoating the 1992 Constitution for governance challenges that stem largely from practice rather than principle.

Speaking at the 12th Jurists Confab organised by the University of Cape Coast (UCC), Clara Kasser-Tee dwelled on legal analysis and a passionate defence of Ghana’s constitutional legacy to drive home her point.

She hailed the 1992 Constitution as “the most enduring in Ghana’s history,” having survived over 30 years of democratic transitions, political crises, and institutional tests.

The forum was under the theme “Rewriting the Rules Book: Constitutional Reform in Ghana.”

“It has outlasted every constitution since 1850. It has seen power change hands five times between the major political parties and survived everything from a near-hung parliament to the peaceful passing of a sitting president,” she noted.

“Vindication is in the womb of time,” she added, “and I think it is time we gave the framers of the 1992 Constitution—and the people of Ghana—their flowers. They did more than an extraordinary job. They have kept a country and her democracy alive and growing.”

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While acknowledging calls for reform, Kasser-Tee cautioned against the vilification of the Constitution, arguing that many of the issues often attributed to it stem from poor implementation or deliberate misinterpretation.

She highlighted Article 71—often blamed for controversial ex gratia payments—as a clear example. “Article 71 never required that a committee be formed every four years to determine ex gratia,” she said.

“That practice is not constitutionally mandated and could be changed without any amendment—just responsible legislation and vision.”

Similarly, on the much-criticised asset declaration regime under Article 286, she asserted that “Nowhere does the Constitution say declarations must be sealed in envelopes or that they should only be opened under special conditions. That practice was a legislative invention—one that contradicts the Constitution’s own text.”

Let’s stop blaming our tools

Urging honesty in Ghana’s reform discourse, she stated plainly: “We’ve been blaming the Constitution for years for practices it never authorised. This is not a constitutional flaw. This is elite indulgence. These are problems that can be solved without a referendum, if we have the will.”

While defending the Constitution’s resilience, Clara Kasser-Tee was not dismissive of reform but proposed “structural, deliberate, targeted, and value-driven” amendments where needed—especially in appointments to independent constitutional bodies.

“There is no equality of opportunity in the current process,” she argued, explaining that “Appointments to bodies like CHRAJ and the NCCE are mostly influenced by elite connections. Let us create a transparent, merit-based selection process that truly reflects the Constitution’s promise of liberty, equality of opportunity and prosperity.”

She further called for a national conversation on Article 78, which mandates the President to appoint a majority of ministers from Parliament. “If we want a real separation of powers, this provision must be reviewed. It is clear, unequivocal and can only be changed by amendment.”

She also issued a strong reminder that the law alone cannot guarantee good governance. “Democracy requires more than a Rules Book. It demands values, enforcement, and committed men and women,” she stressed.

Drawing parallels with Ghana’s ongoing fight against corruption, she noted that “We passed laws, we amended others, and we created new institutions—yet over 2,400 complaints were received by the ORAL team in just under two months. That tells a story.”

“Without democratic values and accountability, the Constitution alone cannot deliver the democracy we aspire to. We are all involved,” she counselled.

Focus on targeted constitutional amendments, not trial and error – Kasser-Tee tells gov’t

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