‘Gov’t rewriting 1992 Constitution’ – NPP rejects review process

The opposition New Patriotic Party (NPP) has rejected the government’s approach to proposed changes to Ghana’s 1992 Constitution, arguing that the scale of the reforms requires a broader deliberative process involving political parties and other key stakeholders.

Speaking at a press conference on Thursday, September 17, NPP Policy Committee Chairman and Ofoase/Ayirebi Member of Parliament, Kojo Oppong Nkrumah, said the proposed reforms go beyond what should be treated as routine constitutional amendments.

“The New Patriotic Party therefore rejects this approach being pursued by the NDC government in essentially rewriting the 1992 Constitution,” he said.

Mr Oppong Nkrumah cited the Constitution Review Committee’s recommendations, which contain 147 proposed amendments to existing provisions and 59 new provisions, bringing the total to 206 proposals. The proposals cover areas including the Executive, Parliament, the Judiciary, independent constitutional bodies and local government.

He argued that amending 147 of the Constitution’s 299 articles, together with the proposed 59 new provisions, represents a substantial restructuring of the country’s constitutional framework.

“Amendment of 147 of 299 articles, together with 59 new provisions, that is 206 reaching into the executive, the legislature, independent constitutional bodies, and local government is not just an adjustment to some provisions of the Constitution; they amount to the overhaul of the Constitution and in substance the enactment of a new one,” he said.

Mr Oppong Nkrumah also raised concerns about differences between the recommendations of the Constitution Review Committee and the government’s position on the proposed reforms.

He claimed that the government had substituted its own position for about 100 of the 147 recommendations made by the independent committee established to review the Constitution.

He further alleged that the government had closed the consultation process and instructed its implementation committee to proceed with drafting proposals without further negotiations.

The NPP chairman said this had left political parties, Organised Labour, professional bodies and other identifiable groups without a formal platform to deliberate on areas of disagreement.

The government, however, has previously stated that it is implementing the review through an 11-member Constitution Review Implementation Committee, which was inaugurated in August to examine the government’s position paper alongside the Constitution Review Committee’s report and develop a framework for implementation.

Government has also said the Constitution Review Committee conducted extensive consultations before submitting its recommendations. The government’s position paper includes proposals such as five-year presidential and parliamentary terms, elected District Chief Executives, a citizen-initiative mechanism for constitutional amendments and changes to the size and composition of government.

Mr Oppong Nkrumah said Ghana’s previous constitutional processes in 1969, 1979 and 1992 demonstrated the importance of combining expert work with broader deliberation before constitutional changes are given legal effect.

“First, the work of an expert deliberated and settled upon by a broad and representative assembly and only then given the force of law. This was done in 1969, in 1979, and in 1992 and that is what we are calling on the government to respect now,” he said.

The NPP is therefore calling on the government to introduce a Constituent or Consultative Assembly Bill in Parliament to establish a formal deliberative body for the constitutional review process.

According to Mr Oppong Nkrumah, such an arrangement would create a platform for political parties, organised labour, professional groups and other stakeholders to consider the proposals and help resolve the areas of disagreement between the government and the Constitution Review Committee.

The government’s proposed process provides for separate treatment of non-entrenched and entrenched constitutional provisions. Non-entrenched amendments are to follow the parliamentary process, while changes to entrenched provisions require a national referendum under Article 290 of the Constitution.

The debate over the review process comes as government prepares to advance the proposed constitutional reforms, setting the stage for further political and public discussion over both the substance of the amendments and the process through which they should be considered.