The Constitutional Review Committee (CRC), responsible for evaluating and recommending changes to Ghana’s 199s constitution, has received more than 500 submissions from various stakeholders to support its work. Comprising legal and governance experts, the committee aims to pinpoint key sections of the Constitution that require updates to reflect Ghana’s current democratic and socio-economic landscape. As part of its mandate, the CRC will also review previous recommendations, determine necessary reforms, and develop a clear roadmap for effective constitutional amendments. Secretary to the CRC, Dr Rainer Akumperigya explained that the stakeholder consultations conducted so far have been productive.

 

Dr Rainer Akumperigya revealed that the Constitution Review Committee has received written submissions from a diverse range of stakeholders. These include institutions such as the National Commission for Civic Education, former officials of the Electoral Commission, and several NGOs and Civil Society Organisations (CSOs) with expertise in natural resources—among them, the Africa Centre for Energy Policy. From the academic sphere, Professors Kwame Gyan, Kofi Quashiga, and Kwadwo Appiagyei-Atua, all from the University of Ghana, have also submitted proposals to the Committee. The Institute of Economic Affairs contributed written recommendations through two prominent representatives: former Speaker of Parliament, Professor Mike Aaron Oquaye, and former Chief Justice, Justice Sophia Akuffo. Additionally, numerous engineers and professional institutions have submitted proposals to support the review process. Dr Akumperigya added that the Committee has held a meeting with former President John Dramani Mahama at the Jubilee House to tap into his extensive governance experience—ranging from his time as an assemblyman to roles as Member of Parliament, Vice President, and President of Ghana.

 

“The Committee will also meet with the other arms of government; the Legislature and Judiciary, to present their proposals, as well as former Presidents and Vice President to make their submissions to support our work,” he said.

Committee sets strategic framework, merges engagements for broader participation

Dr. Rainer Akumperigya explained that following its inauguration in February, the Constitution Review Committee began by outlining the modalities for executing its mandate. This included developing a comprehensive strategy, setting timelines, and organizing planning and resource allocation for its work.

In the initial week of deliberations, the Committee agreed on two main forms of engagement: stakeholder consultations and validation sessions. He noted that prior to the Committee’s formation, the President had already announced plans to hold a National Constitutional Validation Conference.  To avoid overlap between the Committee’s activities and the outcomes of the planned conference which are expected to be highly valuable the Committee proposed integrating the national conference into its zonal engagement strategy, a suggestion the President approved.

As a result, the country has been divided into eight zones across the 16 regions. Tamale and Bolgatanga form one zone, while the others include Wa, Sunyani, Kumasi, Takoradi, Cape Coast, and Koforidua as individual zones. Accra will function as the central hub for stakeholder engagement activities. The zonal engagements were open to the public; traditional authorities, heads of educational institutions, students’ unions, women’s groups, and disability groups among others.

Mr Akumperigya said the Committee delineated the Constitution into 10 identifiable thematic subject matter areas, which included the Lands and Natural Resource Governance, Decentralisation, Local Government and Chieftaincy, and Public Services and Enterprises. Other areas to be considered are the independent constitutional bodies or offices such as the Electoral Commission, National Media Commission, Commission on Human Rights and Administrative Justice, the National Commission for Civic Education, the Auditor General, and Audit Service. A discussion would also be held on three arms of government, the Executive, Legislature and the Judiciary. The last will be the Finance, the Central Bank, the use of discretionary power, and dual citizenship amendment.

“For the non-entrenched clauses the provisions can be amended by Parliament based on the numbers and with the NDC’s majority in Parliament that can easily be done,” he said.

For the entrenched ones, part of the mandate of the committee was to provide some timelines, plan, and a roadmap as to how government could implement the recommendations. He noted that the report would go beyond some of the existing ones such as the Prof Albert K. Fiadjoe Constitution Review Committee Report and take into account current major developments.

What is the position of the law on amendment of the constitution ?

The 1992 constitution of Ghana has provided elaborate rules in chapter 25 which set out the processes by which provisions of the constitution may be amended. As Sowah JSC remarked in the case of Tuffour v Attorney-General, he stated

‘a written constitution such as ours is not an ordinary Act  of Parliament…Its methods of alteration are specified. In our peculiar circumstance, these methods require the involvement of the whole body politic of Ghana.’

For the purpose of amending the constitution, the provisions of the constitution are categorised into two which are entrenched and non-entrenched provisions. Each category have different procedure of amending it. The procedure for amending entrenched provision is quite difficult and cumbersome as compare to non-entrenched provisions of the constitution. The procedure for amending the provisions of the constitution are discussed below

Amendment of Entrenched Provisions

Entrenched provisions of the constitution includes chapter one which provides for the supremacy and enforcement of the constitution, chapter two which provides for the territories of Ghana, chapter four which provides for the law of Ghana, chapter five which provides for the fundamental human rights and freedoms, article 42, 43, 46, 49, 55 and 56 which provides for the representation of the people, chapter eight which for the executive, article 93 and 106 for the legislature, article 125, 127, 129, 145 and 146 which provides for the independence of the judiciary, article 210 on the armed force, article 270 on chieftaincy and lastly chapter twenty-five on the amendment of the constitution.

The process of amending an entrenched provision begins with a draft Bill which specifies the particular entrench provision sought to be amended. Article 290(2) that before Parliament proceeds to consider it, the bill must be referred to the Council of State by the Speaker of Parliament for advice which shall be rendered within thirty days after receiving it. According to article 190(3), the Bill must be publish in the gazette but not introduced into Parliament until the expiry of six months after the publication in the Gazette. The Bill shall the be read for the first time in Parliament after which it shall be submitted to a referendum throughout the country according to article 290(4). At least forty percent of all registered voters must participate in the referendum and at least seventy-five percent of the voters who participate in the referendum should cast their vote in favor of the Bill. If these conditions are met, article 290(6) provides that the bill shall be passed by Parliament and the President must  assent to it.

The need for a referendum to be held throughout Ghana signals the importance attached to entrenched provisions of the Constitution. Entrenched provisions deal with crucial matters of national interest, therefore, any amendment made to them must be in accordance with the will of the people of Ghana.

Amendment of Non-Entrenched Provisions

Provisions of the constitution categorised as non-entrenched are those that do not fall within the class of entrenched provisions. The procedure for amending these provisions is less cumbersome compared to entrenched provisions. Article 291(1) of the constitution states;

A bill to amend a provision of this Constitution which is not an entrenched provision shall not be introduced into Parliament unless
(a) it has been published twice in the Gazette with the second publication being made at least three months
after the first; and
(b) at least ten days have passed after the second publication

 

The Speaker of Parliament shall after the first reading in Parliament, refer the Bill to the Council of State for consideration and advise. The Council of State shall render its advice on the Bill within thirty days after receiving it. Article 291(3) provides that after the Bill has been approved by two thirds members of Parliament, it shall be presented to the President for assent.

The Government of Ghana initiated processes for a review of the entire constitution in 2010 by setting up a Commission of Inquiry. The constitutionality of the Commission’s work was disputed at the Supreme Court in the case of Asare v Attorney-General. The decision of the Court stated that the nature of the Commission’s tasks constituted a pre-legislative activity and did not infringe the Constitution.