Vladimir Antwi-Danso
The Dean of the Ghana Armed Forces and Staff College, Prof. Vladimir Antwi-Danso, has advocated for the entire 1992 Constitution to be rewritten in order to prevent the country from continually amending certain provisions in future if past amendments failed to achieve the desired outcomes.
Speaking at the Rt. Hon. Prof. Mike Oquaye Centre for Constitutional Studies at the Institute of Economic Affairs (IEA) on Tuesday in Accra, he said rewriting the constitution would help cater for all the nuances in the constitution that are widely spoken of by many Ghanaians.
He said “what we are doing is very good, but I don’t believe in the amendment of the constitution any more. I believe the whole constitution should be rewritten. It’s not going to give us a Fifth Republic, get it written, promulgate it. Most amendments will come, but there is the possibility that if they don’t work again we may come to the same amendment, amend and re-amend.
He said the proposed constitution he was advocating for, should be written by constitutional experts put together at a Constitutive Assembly rather than a Consultative Assembly that wrote the 1992 Constitution thirty years ago.
“I am advocating for a rewriting of the constitution by constitutional experts who would be put together and be subjected to a Constitutive Assembly’s modulations, not Consultative Assembly,” he added.
Prof. Antwi-Danso further cited some constitutional provisions that were underpinned by partisan and people’s personal desires in some of the amendment processes, though the constitution has been experimented for decades.
He indicated that though the constitution had over the years largely deepened Ghana’s democracy transitioning from a military rule to that of a civilian one, there were still “contradictory, debilitating sections that stifled the country’s development.”
He said for instance, the 1992 Constitution failed to state exactly who assumes the role of an elected President in the event that the person dies prior to being sworn into office.
He also mentioned how some entrenched clauses that contradict an un-entrenched clause could be addressed, citing the example of the election of the MMDAs which many believe has to be partisan and yet require a referendum, which could only be possible if these entrenched clauses were amended.
He observed that other advanced democracies have clearly covered those lapses without difficulty because their constitutions clearly covered these shortfalls as pertains in Ghana.
He explained that a new constitution will therefore help resolve these challenges, and many other provisions that were not spelt out.
Member of the Council of State, Sam Okudzeto and former Chief Justice, Sophia Akuffo however said that though they agreed with some assertions of Prof. Antwi Danso on constitutional review, they however differed on the totality of a new constitution, which in their view was needless having worked with it as a country in all the transitional processes from one government to the other.
Both of them however recommended an amendment of some constitutional provisions Ghanaians think had to be amended.
The tenth edition of the IEA constitutional review seminar themed, “Towards Constitutionalism, Reflections and Refractions” brought together notable individuals from academia and industry.
By Ebenezer K. Amponsah