Professor Emmanuel Kofi Quashigah, a Lecturer at the Faculty of Law, University of Ghana has said that constitutionalism would not work substantially as the people expected whether under Parliamentary or Presidential systems unless the people developed the right attitudes to make it the foundation of governance system.
He therefore, called for the development of a viable political system that would ensure that the political leadership and citizenry truly had and appreciated democratic values.
Prof. Quashigah was speaking at this year’s Ghana Academy of Arts and Sciences (GAAS) lectures in Accra.
The three-day lectures which is under the theme: “Evolution of Constitutionalism in Independent Ghana” would review the various Ghanaian constitutions from 1957 – 1992, the culture of constitutionalism as well as their historical perspective.
Prof. Quashigah who spoke on the topic: “Constitutionalism and the Westminster System in Ghana (1957 and 1969)” said “we have failed as a people and continue to delude ourselves by scurrying around to invest our safety in institutions with the hope that we would be made to conform to acceptable principles and processes.”
He advocated for a governance system that emphasized on development of the citizenry with the right attitudes that nurtured and sustained constitutionalism.
“Constitutionalism is an attitude that is merely completed by constitutional structures and institutions. It is trite that any constitution however well written pre-supposes its management and operations by human beings”.
Nana Asante Bediatuo, a Private Legal Practitioner who spoke on the topic: “The Presidential Model and Constitutionalism in Ghana (1960 and 1979)” said there was no inherent danger posed by the presidential model or structure of government to constitutionalism.
He said the presidential system of governance was largely irrelevant in examining and determining the extent to which the 1960 and 1979 constitutions advanced the doctrinal values of constitutionalism.
Nana Bediatuo noted that the 1979 constitution, was copied ‘word for word’ from the 1969 constitution based on the Westminster model.
He said even though the 1960 constitution made textual provision viewed against the imperatives of the spiritual and core values of a constitution assumed a less significant dimension.
Nana Bediatuo said the 1960 constitution was probably the most extraordinary constrictions made in this country since independence.
He said it was startling in its authoritarian character and later, as amended by Act 224, its totalitarian objectives.
Nana Bediatuo said the 1960 constitution concentrated all powers of the state into the hands of one person, made the Commander-in-Chief of the Armed Forces, entitled to act in his discretion and was not obliged to follow advice from any other person.
He said the implications for separation of powers doctrine and the distribution of power were very grave during that period.
Nana Bediatuo stated that provisions relating to the term of office and election of the President were such as to make it near impossible to have contested elections under the 1960 constitution with the declaration of a one party state and the concomitant life-presidency.
