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The Institute of Economic Affairs (IEA) has cautioned the government against rushing Ghana’s constitutional review process, arguing that reforms of such magnitude require extensive public education, consultation, and consensus-building.
The Institute raised concerns about both the proposed methodology and timeline for implementing the recommendations of the Professor H. Kwasi Prempeh-led Constitutional Review Committee, as well as the government’s position on the proposals.
The government has envisaged separate Bills for amendments to non-entrenched and entrenched provisions, with amendments to non-entrenched provisions targeted for February 2027.
A referendum on entrenched provisions is expected to be held alongside the 2027 District Assembly elections.
“The IEA considers this methodology problematic,” the Institute stated in a press statement issued on Wednesday.
The IEA said constitution-making must be a consultative process and that adequate time should be provided for citizens to understand and debate the proposed changes.
It called for comprehensive public education, informed national debate, public consultation, consensus building and careful consideration of the implications of each proposed amendment.
“Given that the 1992 Constitution is the product of a consultative process, a similar approach should be adopted for the current review process,” the IEA argued.
The Institute said the reform process should ultimately produce a constitutional framework that is nationally owned rather than one perceived as being driven by a particular government or political party.
The IEA said its preferred approach is a principled and comprehensive reform process aimed at limiting excessive executive power while strengthening Parliament and the Judiciary.
It also called for deeper local-level democracy, transparent and merit-based appointments to public institutions, continuity in national development planning and stronger accountability mechanisms.
“The task before the nation is to preserve what works, correct what does not, and build institutions capable of serving Ghana beyond individual Presidents, governments and political parties,” the IEA said.
On the substantive proposals, the IEA rejected the Prempeh Committee's recommendation to extend the terms of the President and Members of Parliament from four to five years.
The Institute argued that the existing four-year mandate is sufficient.
It, however, supported a proposal to prevent MPs from serving as Ministers, despite the government's rejection of the recommendation.
The IEA also backed constitutional restrictions preventing Ministers, Deputy Ministers and MPs from serving on boards of state-owned enterprises, arguing that such safeguards should be constitutionally protected.
The Institute called for reforms to the Judicial Council to make it an independent body responsible for judicial appointments.
On the election of Metropolitan, Municipal and District Chief Executives (MMDCEs), the IEA supported the election of all MMDCEs but opposed presidential nomination of candidates.
It also rejected the current arrangement for the Council of State, arguing against a system that effectively allows the President to select his own advisers.
The IEA described proposals on women's representation as “grossly insufficient.”
It called instead for proportional representation and mandatory quotas to increase women's participation in governance.
The Institute said its involvement in constitutional reform is longstanding, having advocated for reforms and contributed to the work of the 2011 Constitutional Review Commission chaired by Justice Professor Albert Kodzo Fiadjoe.
In 2022, the IEA established the Oquaye Centre for Constitutional Studies to promote public debate and collate citizens' views towards a comprehensive review of the Constitution.
The Institute said it has since studied the Prempeh Committee's report and the government's position paper and is using its latest statement to set out its position on key proposals.
The IEA's concerns come as the government works towards its proposed 2027 timetable for constitutional amendments.
The Institute's demand for more extensive public education, consultation and consensus building could intensify debate over whether the government's proposed timeline provides sufficient opportunity for citizens to understand and participate in the process.
The constitutional review is expected to be one of the most significant efforts to amend Ghana's 1992 Constitution since its adoption, with both the substance of the proposed reforms and the process for implementing them now coming under scrutiny.
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