President-elect John Dramani Mahama of Ghana has declared his intention to revitalize the nation’s constitutional review process, a project that has remained dormant for nearly a decade. This announcement, made during a meeting with the Ghana Pentecostal and Charismatic Council, underscores Mahama’s commitment to modernizing the Constitution to address contemporary issues and pave the way for a more robust legal framework for future generations. Mahama believes that the current Constitution, while having served the nation well, requires adjustments to reflect the evolving societal landscape and ensure its continued relevance in navigating the complexities of modern governance.
Mahama’s plan involves resurrecting the constitutional review process initiated by his predecessor, the late President John Atta Mills. This process, which stalled approximately eight years ago, will be re-engaged through a national validation conference. This conference aims to bring together diverse stakeholders, including representatives from various sectors of society, in a consultative assembly. This broad-based approach seeks to foster a national consensus on the necessary amendments, ensuring that the revised Constitution reflects the collective will of the Ghanaian people.
The national validation conference will revisit the recommendations put forth by the Constitutional Review Commission, evaluating their continued relevance and identifying new areas requiring attention. Mahama acknowledges that the passage of time may have altered the perceived importance of certain issues, while new challenges may have emerged that warrant consideration. This dynamic approach demonstrates a commitment to adapting the constitutional framework to the current realities facing Ghana. The conference will serve as a platform for open dialogue and deliberation, ensuring that the amended Constitution reflects a comprehensive understanding of the nation’s needs.
One key area identified for review is the ambiguous relationship between Parliament and the Judiciary, particularly concerning the Speaker’s role in filling parliamentary vacancies. Recent disputes highlight the need for clearer constitutional provisions to avoid future conflicts and ensure the smooth functioning of the legislative process. Mahama believes that clarifying the Speaker’s mandate will prevent ambiguity and the need for Supreme Court interpretations, fostering a more efficient and harmonious relationship between the two branches of government. This clarification will also contribute to greater stability and predictability in parliamentary proceedings.
The constitutional review process will address both entrenched and non-entrenched clauses. Amendments to non-entrenched clauses require parliamentary approval, while alterations to entrenched clauses necessitate a more rigorous process involving broader consensus, parliamentary validation, and a national referendum. Mahama recognizes the complexities of amending entrenched clauses, which often address fundamental aspects of governance and require significant public support. He emphasizes the importance of building consensus across the political spectrum, engaging civil society, traditional rulers, and religious leaders to ensure that any changes to these critical clauses enjoy widespread acceptance.
Mahama’s commitment to reviving the constitutional review process signifies his dedication to strengthening Ghana’s democratic foundations. By engaging in a comprehensive and inclusive process of consultation and deliberation, he aims to create a Constitution that is responsive to the evolving needs of the nation, promotes good governance, and safeguards the rights and freedoms of all Ghanaians. This renewed focus on constitutional reform underscores the importance of continually adapting legal frameworks to the changing times, ensuring their efficacy and relevance in upholding the principles of democracy and justice. The success of this endeavor will depend on the active participation of all stakeholders in shaping a Constitution that effectively serves the present and future generations of Ghana.
