Minister of Justice and Attorney-General, Godfred Yeboah Dame says calls for a new constitution must be subjected to critical thinking and not undue popular thinking.
Speaking in an interview with the Daily Graphic on Constitution Day, he argued that there is no need for a new constitution as the current 1992 Constitution possesses all the elements needed to ensure a sound democratic order.
The Constitution, he said, contains values and principles that meet international standards, and has over the past 31 years, entrenched and promoted democracy, human rights and constitutionalism in the country.
He noted that “it has become fashionable for people to allege the need for a reform of the Constitution. Some people go as far as saying that Ghana needs a new Constitution. To answer this question, we must examine the relevance of our Constitution to our current national life, and I will be as objective as possible.
“We must not be unduly influenced by popular thinking. We should subject the calls for a change or review of our Constitution to critical thinking and there must be intellectual honesty in determining whether our Constitution measures up to international standards or the requirements of a democratic order.”
He added that “When this is done, it will be clear to all that the Constitution of Ghana delivers to the nation the principles of a sound accountable democratic order and measures up to the international standards of a solid Constitution anywhere in the world. It must be realised that the Constitution is the product of decades of constant but peaceful evolution.”
Although he noted the necessity for a review of some of the provisions, as well as a periodic assessment of the constitution, Mr Dame said the regular agitation for constitutional review by a section of the populace, with some even calling for a completely new constitution, are unnecessary.
“Our Constitution is quite strong in terms of the establishment of the institutions to deliver a sound economic and social life. I share the view that rather than overhauling the Constitution, there is the need for us to continue to strengthen the capacity of institutions to hold the Government more accountable and ensure that the right thing is being done,” he said.
Some significant provisions of the constitution which the Attorney-General believes need urgent reform include amendment of articles 78(1), 11(7), 55 and 243, among others.
Background
The issue of a constitutional review was brought to the fore following agitations from youth group #FixTheCountry which had posited that the failure of Ghanaians to enjoy their democratic dividends was due to the 1992 constitution not being fit for purpose.
Other notable experts and scholars such as Professor Vladimir Antwi-Danso, an international relations expert, have called for a completely new constitution to replace the 1992 Constitution.
Such views for a new constitution have however been rejected by some prominent persons, including former Chief Justice, Justice Sophia Akuffo, who have argued that the best approach was to maintain the constitution and amend the parts not fit for purpose.
Meanwhile, eminent constitutional expert, Prof. Nana Susubribi Krobea Boaten (SKB Asante), who is regarded as the architect of the 1992 Constitution, says there is even no need for any amendment as a mere amendment of the text of the constitution, without attitudinal change in line with the values of the constitution, would not necessarily improve the fortunes of the country.
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