An Open Letter To His Excellency President Nana Addo On Preservation Of The 1992 Constitution

Dear His Excellency President Nana Addo Dankwa Akufo-Addo. I hope you are doing well

Mr President, there has been genuine demands for the amendment of some provisions of the

1992 Constitution, hence there is the need to put this matter on the front burner because the Constitution which has been in operation for 30years need to be fine-tuned to meet current situation in the country to ensure the stability of the Fourth Republic. But sir, the demand by another school of thought especially some members of the fix the Country Pressure Group for the jettison of the 1992 Constitution for a new one is untenable, since the 1992 Constitution is the foundation of the Fourth Republic of Ghana and all the citizenry are expected to help to uphold, preserve, protect and defend the 1992 Constitution in order to ensure the Stability of the Republic State of Ghana.

It Is envisaged that the affected persons with the fix the Country Pressure Group failed to appreciate that throwing away the 1992 Constitution will tantamount to a Coup against the State of Ghana, since the Fourth Republic of Ghana is anchored by the 1992 Constitution. .

It is unfortunate that instead of some Intelligentsias who by their educational background and experiences should help educate the citizenry on the relevance of the Constitution, events that led to the emergence of the 1992 Constitution, the provision in the Constitution for its amendments and may be submit proposals for the amendments of the Constitution (thus supporting you in the upholding, preserving, protecting and defending of the 1992 Constitution), have rather preferred to join the crusaders for the jettison of the 1992 Constitution and as stated above, jettisoning it will be a threat to the stability of the Fourth Republic of Ghana, since the Republic State of Ghana is anchored by the 1992 Constitution.

Mr President, it is envisaged that those calling for the jettison of the 1992 Constitution may be they are with the wrong perception that the 1992 Constitution was drafted by nonentities or it was brought about by one Political Party, allegedly the NDC Party through the PNDC which gave birth to the NDC.

So in respond to your clarion call for us to be constructive citizens and not spectators, I consider it a responsibility to perform to my Country, Mankind and History and above of all to the Almighty God to urge and help you the Executive President of Ghana and the Commander-in-Chief of the Armed Forces to continue working hard in order to uphold, preserve, protect and defend the 1992 Constitution wwhich is the foundation of the Fourth Republic of Ghana as a measure to

sustain the peace and security which are essential enablers of development in order to ensure the wellbeing of the citizenry. Hence, my open letter to you on some pertinent national issues, so that it will be available for the attention of the citizenry in order to win their support to ensure the stability of the Fourth Republic of this dear Nation.

Mr President, as you are fully aware, the 1992 Constitution which anchors the Fourth Republic, embodies popular sovereignty, so the youth need to be informed about the events that led to the emergence of the Fourth Republic, which you and others fought with the support of external pressures/forces and brought about through a political change from a regime of Military Dictatorship to Constitutional rule. At this juncture, let me refresh your memory, so as to inform the Citizenry, especially the youth on events that led to the emergence of the Fourth Republic.

Mr President, as you are aware, the PNDC overthrew the Administration of the PNP, a Pro-CPP Presidency, then under Dr Hilla Liman in a Military Coup on 31 December 1981. The PNDC set up a National Investigation Committee, Citizen Vetting Committee, Peoples Court/the Public Tribunal, People Defence Committee, Workers Defence Committees in all Institutions including the Security Agencies etc.

The activities of the above mentioned units or outfits led to an era of terror and confusion. There were illegal seizure of assets, abduction, and murder of innocent citizens including the murder of three High Court judges and a retired army officer after they were abducted from their homes during curfew hours on the night of 30 June 1982.

The state of anarchy and confusion, even caused a division within the membership of the PNDC, with some of the soldiers supporting Sergeant Daniel Alolga Akata Pore, a member of the PNDC, others supported the Chairman of the PNDC (Chairman Rawlings) and there was also, the Camp of another member of the PNDC, by name then Mr Chris Atim and now Dr Chris Atim (my senior at Navrongo Secondary School).

The state of anarchy and confusion also caused several attempted or alleged attempted coups to topple the PNDC. The first was the bravado of Lieutenant Peter Achana (a close friend or a brother and my mate at Navrongo Secondary School) who attempted a sole or one man Coup on 11 November 1982 by firing unsuccessfully mortars towards the Osu Castle, the then seat of Government in attempt to topple the PNDC. This was followed by the alleged Coup attempt in June 1983 by Cpl Carlos Halidu Giwa and others.

Next was an alleged Coup attempt by Major Twuamasi-Anto/Major John Ocran and others in April 1985. Then the alleged attempted to stage a Coup in 1985 by Kyeremeh Boakye Gyan, a final year Student of then UST (Kyeremeh was my friend and Boss at UST now KNUST, I was the Chairman of Republic Hall of UST Entertainment Committee for two consecutive times in 1981 and 1982 due to the Coup, and he was the Chairman of the Entertainment Committee of the SRC of UST). This was followed by an attempted coup against the PNDC by Major Courage Quasigah, which forced the Chairman of the PNDC (Chairman Rawlings) and some of his guards to rush and

take refuge at the Bulgarian Embassy and asked for political asylum but fortunately for him the Coup was foiled by some loyal soldiers.

The activities of the Peoples Courts was so alarming and dishonest that even the Chairman of the PNDC doubted its integrity. So in 1983, Chief Justice F.K. Apaloo, the then Chief Justice of the Supreme Court declared PDC courts illegal, and stated that he had do so because no law has set up PDC courts and a court is legal only when it is created by law, secondly, in a trial in the regular courts, a person knows the law he has infringed and the penalty he is likely to suffer and he is given the opportunity to defend himself by a lawyer if he chooses to have one and none of these prerequisites existed in the PDC courts.

The anarchy and confusion also made the PNDC era to be characterized as an era of Cultural of Silence. People especially Workers including Senior Military Officers were afraid to speak or be seen holding or reading private newspapers like the Daily Guide, Chronicle, Free Press, the Catholic Church Standard etc in public. I can recollect that as a very young audacious Lieutenant in 1985, then with the Field Engineers Regiment, Teshie Camp, I bought the Ghanaian Chronicle and other Newspapers and when a fellow Military Officer saw me with the papers, he advised or warned me not to be seen with such papers in public due to the activities of the PDCs and WDCs or agents of the revolution who normally perceived anyone who read the named newspapers was against the revolution or may use that to settle a score

Then again, in the early part of 1992, when I was with the defunct Ghana Armed Forces Farms, Michel Camp, (a Unit which then had direct access to the Secretary of Defence, then Hon Alhaji Iddrissu Mahama and the Chairman of the Confiscated Asset Committee, then Hon Yireh Chireh who was my senior at both Navrongo Secondary School and KNUST), I was not happy with how the Unit especially sections including the assets or the vessels etc of the State Fishery Corporation were ran, so I went to my then Boss, the then Commanding Officer of the then Ghana Armed Forces who was then a full Colonel to make some suggestions on how the unit could be ran effectively and efficiently or profitably, he shouted at me that do I want him to be sacked or what, so I saluted and left.

I was then still staying at Teshie Camp, so I asked for permission to go to Accra and then to my residence at Teshie Camp and this was granted. I had a lift from someone to almost Sankara Circle area, when a very small car, green in colour or so, stopped ahead of me and the driver beckoned me to come. I got to the vehicle and found that it was the General Officer Commanding of the Ghana Armed Forces (now termed as the CDS) in the person of then Lt General Arnold Quianoo, so I quickly paid compliments and he asked me where I was going and I replied Makola around UTC, so he asked me to join him in his very small private car and he acted very friendly.

I was surprised that the General (nicked named as Buffalo Soldier) who earlier on by mail warned soldiers not to wear uniform and be roaming in town rather picked me and drove me to my destination without questioning why I was in uniform or take an action against me. This spoke volume that the senior leaders (high echelons personnel) of the 31 December Revolution were not the problem (not wicked or not all that wicked) but the problem was that there was an initial

problem or challenge on the control of some of the Agents or alleged Agents of the Revolution who were with wicked minds. Hence those calling for a Coup must appreciate that it is the citizenry who rather suffer very much in a Military regime not governed by a Constitution approved by the majority of the citizens in a referendum. That is popular sovereignty is loss in a Military regime.

Hmmm, what my Boss, then a Colonel was afraid to communicate to the GOC (CDS) or the appropriate quarters, but I, then with the rank of Captain did so, because I audaciously saw this as opportunity given by the Almighty God to present some of my recommendations to the then CDS, when he openly entered into conversation with me on the coincidentally on the same day my boss failed or refused to listen to me. As stated the General (then CDS) was so impressed with my recommendations that he drove me to my destination and asked me to inform my CO (Boss) to go to the Castle and see Mr PV Obeng, a member of the PNDC on the issues raised. Which I did the following day. That was the state of culture of silence in the Country then, people feared to make good suggestions or to speak.

The situation between 31 December 1981 and January 1990, was so tensed that it caused the rise of Nationalism by some patriotic citizens, so, the Movement for Justice (MFJ) emerged with Professor Adu-Boahen as the Chairman, yourself, then Lawyer Nana Addo, Kwesi Pratt and others as members, formed this Political Pressure Group and demanded for a return to Constitutional Rule. So by June 1990, there was a ground swell of opinion or favour for Political Dispensation or Constitutional Rule.

June 1990 and afterwards saw widespread of intense internal agitation against the Military dictatorship of the PNDC for immediate hand over power to a Civilian Rule under democratic principles and this local demo was supported by external pressures/forces. The external pressure or forces included from the USA, reputable organizations etc. These external pressures, forced the PNDC to come out with a programme for return to Constitutional Rule by 07 Jan 1993, despite the earlier rhetoric ‘Hand over Power to whom’ by a member of the PNDC.

As part of the preparation towards return to Constitutional Rule, the PNDC firstly tasked a National Commission for Democracy under the Chairmanship of the late Justice Daniel Annan to collect the views of the citizenry on the form of State Rule, that is whether either Federal Government or Unitary Government and the relevant requirements for the Constitutional Rule.

Mr President, if you recollect, the NCD toured the then 10 Regions of Ghana and came out with a Report which was submitted to the PNDC. The Report talked of Unitary State or Unitary Government, thus fortified the interest of the Citizenry for the Unitary of Ghana as against a Federal State. Based on that, the PNDC set up subsequent stages towards the return to Constitutional Rule by January 1993. These included, the preparation of a draft Constitution, a referendum to approve it, lifting the ban on political activities, the campaigns period, dates for Presidential Election and Parliamentary Election, swearing of incoming Executive and Members of Parliament and the operation of the Constitution by promulgation by the First Parliament of the Fourth Republic.

Mr President, as you are aware the 1992 Constitution was drafted from May 1991 to March 1992 by a very high class of intellectuals and seasoned personnel during the reign of the Military regime of the PNDC and as such Political Parties like the CPP, NDC and NPP were not in existence at that era at all and the draft of the 1992 Constitution was approved by 93 % of the people of Ghana by a referendum on 28th April 1992.

Secondly, the PNDC established in May 1991, a 9-members Committee of Experts for a Constitutional proposals and gave the Committee two months (June to July 1991) to submit proposals. The Committee of Experts was under the chairmanship of a first class Constitutional Expert or Lawyer, a fellow Ghanaian, who was provided/sponsored by United Nations system, in the person of Nana Dr SKB Asante, then with the UN, now Asokorehene or Paramount Chief of Asokore Asante.

Mr President, pardon me to remind you that the other Members of the Committee of Experts were Mrs. Justice Annie Jiagge, a retired Justice of the Court of Appeal, Mr OL.J.Chinery-Hesse, a Former Chief Parliamentary Draftsman Parliamentary Draftsman, and AG’s Department, Mr. Ebo Bentsi-Enchill, a seasoned lawyer, Dr. K. Afari- Gyan (a Lecturer in Political Science, University of Ghana), Dr Charles D. Jebuni then a Lecturer in Economics, University of Ghana, Dr. E.V.O. Dankwa, then Senior Lecturer in Law, University of Ghana, Osagyefo Oseadeeyo Dr. Agyemang- Badu, the Omanhene of Dormaa and Mrs. S. Ofori-Boateng, a Director of Legal Drafting AG’s Department, Member/Secretary. Volunteers included Professor Maxwell Owusu of the University of Michigan, Mr. Ansah-Asare and then Mr Benjamin Kumbuor were some of the research assistants. Consultants included Dr. Alex Quaison-Sackey and Mr Kwamena Ahwoi.

So, Mr President, the Citizenry especially the youth need to be reminded or informed that the 1992 Constitution was drafted by the above named persons, whose status tells the level of competency of the persons who came out with the proposals for the 1992 Constitution, hence they were not nonentities or members of the PNDC or agents of PNDC or members of then non- existence NDC, as alleged or perceived by some people. They were really neutral people who deserved neutral allowance (with apology to CLOGSAG). Mr President this neutral allowance matter is a likely recipe for mayhem in the Country, hence you need to rise up to the occasion (Please pardon for the digressing, I had to do so because I may not get the chance to talk about it to you).

The Experts outlined 19 areas for purposes of general discussion and formulation, these were Citizenship, Directive Principles of State policy, Fundamental Human Rights and Freedom, the Executive, the Council of State, the Legislature, Freedom and independence of the Media, Representation of the People Majoritarian or Consensus Democracy, Political Parties, the Judiciary, the Police, the Armed Forces, Administration of Land, Decentralization and Local Government, Chieftaincy, Enforcement of the Constitution, Economic and Financial Order, Public Administration, Amendment Procedure. Individual members were assigned the task of preparing proposals covering specific, identified areas. The proposals were subjected to a general critique at the general assembly session. After that, the proposals were finalized.

Mr President, let me draw your attention that among others, the Experts recommended for an Executive President sharing power with a Prime Minister (who should be the Majority Leader in Parliament), the Council of State and Judiciary. The Committee handed over her report to the PNDC in July 1991, with a caveat or a strong demand that the PNDC should not make amendments or review of the Report. The PNDC duly accepted the report and did not make any amendment, so the PNDC in August 1991, handed same to the next stage, the deliberation by a Consultative Assembly/citizenry, which was established and inaugurated in August 1991 to deliberate on the Report of the NCD and Committee of Experts and come with the draft of the Constitution.

So, in August 1991, the PNDC established a Consultative Assembly made of 260 members, but the Ghana Bar Association and National Union of Ghanaian Students in short NUGS did not provide Rep each, so the number of the members of the Consultative Assembly was reduced to 258 members with the late Chiana Pe Roland Ayagitam 1, (my godfather/one of my Chiefs) as the President. The Consultative Assembly studied the Report of the Committee of Experts, the report of the NCD, previous Constitutions, Constitutions of some other Countries as recommended by the Experts and informed the citizenry (Stakeholders) about them and finally deliberated on the views of the Citizenry based on the reports of both the NCD, the Report or recommendations of the Committee of Experts and the previous Constitutions of Ghana and the Constitutions of some other Countries.

The 258 members of the Consultative Assembly were made of 121 members appointed by 62 corporate groups, 117 members indirectly elected by District Assemblies and 22 members appointed by the PNDC. The Consultative Assembly was given up to 31 December 1991 to submit the draft of the 1992 Constitution to the PNDC.

The Citizenry and the Consultative Assembly accepted some of the recommendations of the Committee of Experts and they rejected some of the recommendations including the proposal for an Executive President sharing power with a Prime Minister who should be the Majority Leader in Parliament, Council of State, Judiciary and opted for an Executive President based on the Executive Presidency of the USA, with a huge appointing Authority granted to the Executive President or Head of the National Executive, same as in most Constitutions in the World including South Africa, Nigeria, USA etc. So, the 1992 Constitution provides for an Executive President and Head of National Executive to share power with the Legislature, Judiciary and the Council of State in a Check and Balance system as propounded by Montesquieu in his Separation of Powers Doctrine.

The draft of 1992 Constitution was completed and handed over to the PNDC in March 1992 by the Consultative Assembly. Justice Daniel Annan and others consulted with some members of the Consultative Assembly for the addition of the Indemnity Clause as in both in the 1969 and 1979 Constitutions to also indemnify the members of the PNDC and associates. So, the draft of 1992 Constitution with the Indemnity Clause was actually based in the letter and spirit of the 1979 Constitution but with little differences from the 1979 Constitution. You may Google for the 1979 Constitution to see the similarities and differences. Also it was the then Chief Justice, Chief

Archer who supported the addition of the Regional Tribunals as at Article 142 of 1992 Constitution.

The 1992 Constitution was then approved by 93 % of the people of Ghana by a referendum on 28th April 1992. So, it is Ghanaian citizens by birth Constitution consequently the 1992 Constitution expresses popular sovereignty and you as the President and the Commander-in- Chief with the support of the IGP (Police), the CDS and Military Service Commander (the Military) and other Security Agencies, the Chief Justice, Justices of the Supreme Court or the Judiciary and Parliament as per the Oath which was sworn by you and the others pledging that you will each uphold, preserve, protect and defend the 1992 Constitution which anchors the Fourth Republic,

Some of the differences between the 1979 Constitution and the 1992 Constitution are that the 1979 Constitution requires the President to appoint his Ministers of State outside Parliament and a member of Parliament who was elected as a Minister had to resign from Parliament but the 1992 Constitution requires the President to choose half of the Minister of States from Parliament and the appointed Ministers are not required to resign from their Parliamentary Membership. Ombudsman in the 1979 Constitution became the CHRAJ in the 1992 Constitution.

The Indemnity Clause same as the Indemnity Clause of the 1979 Constitution which indemnified the members and associates of the NLC, NRC, SMC, AFRC from legal actions. The Indemnity Clause of the 1992 Constitution as expected only added the PNDC to the list of the Military Regimes of the NLC, NRC, SMC and AFRC which were indemnified by the 1979 Constitution as part of Peace, Stability and Reconciliation requirements. Hence, the Indemnity Clause of the 1992 Constitution was not smuggled into the Constitution by the PNDC as alleged but it was a mandatory requirements emanating from both the 1969 Constitution and 1979 Constitution to ensure Peace or Stability and Reconciliation.

Mr President, the NCCE as well as your Minister for Information and others need to constantly inform fellow Ghanaians on the following, how the Constitution can be amended and by who, the first amendment made in 1996, the content of the amendments made in 1996 and the attempt by the Administration of Professor Mills to cause the amendment of the 1992 Constitution by Parliament. That is in 2010, Professor Mills commissioned a Constitution Review Commission (CRC) to collect and collate the views of the Citizenry on the 1992 Constitution for possible amendments. The Report of the CRC and the White paper on it are available on the internet by Googling for the Report of Ghana’s Constitutional Review Commission.

Mr President as part of efforts to protect the Fourth Republic or ensuring the stability of the State, the Citizenry need to be reminded or informed that some of the Recommendations of the Constitution Review Commission and the Government White paper upheld the Appointments (Appointing Authority) by the Executive President who is the Head of State and Head of the National Executive. Information that 1992 Constitution was modelled or based partly on the Executive Presidential System of the USA need to be made known to the public. Both the CRC’s Report and the Government White paper only indicated that the Commissioner for Human Rights and Administrative Justice and the Deputies; the Chairman and other members of the National

Commission for Civic Education, the Chairman and the Deputy Chairmen and other members of the Electoral Commission, the Auditor-General and the Chairman and members of the Independent Emoluments Commission must be appointed by the President but in consultation with the Council of State and with the approval of Parliament.

Mr President your information Minister or the media need to inform the Citizen that the CRC’s Recommendations and the Government White paper upheld the appointment of the IGP, CDS, and Military Services Commanders, Director General of Prison, Chief Fire Officer, and Director General of Immigration by the President as in the 1992 Constitution. This is to ensure Civilian Authority is in control of the gun. Hence, it is the President, Head of the National Executive and the Commander-in-Chief of the Armed Forces or his delegates especially the Regional Ministers as the Chairmen of the Regional Security Councils is the final authority for the deployment of the Military to support the Police in internal Security operations. The President does so, on the advice of the National Security Council or National Security Coordinator or and may be the National Security Adviser. A Regional Minister may do so, based on request from the Police or on the recommendations made at a meeting of the Regional Security Council.

The CRC’s Recommendations and the Government White paper almost upheld provision on the 1992 Constitution, especially the Appointing Authority as in Article 70 of 1992 Constitution by the President and as Head of the National Executive for the appointment of the Chief Justices, Justice of the Supreme Court and other Courts as in the 1992 Constitution but he or she is required to do so, on the advice of the Judiciary Council, then with the Consultation of the Council of State and approval of Parliament. Article 70 of 1992 Constitution is in Chapter Eight under the Executive hence an entrenched Clause.

The CRC’s Recommendations and the Government White paper agreed that the emoluments of Article 71 Office Holders, the President, and Public Officers including Members of Parliament should be determined an Independent Emoluments Commission (IEC) to include Members from the Fair Wages Commission and Single Spine Outfit to be established under the 1992 Constitution to ensure fairness. Article71 of 1992 Constitution is in Chapter Eight under the Executive, hence an entrenched Clause. Hence the emoluments of Article 71 Holders can only be varied after a vote in referendum on the matter.

Mr President, the Citizenry need to be informed that the proponents of the 1992 Constitution came out with the attractive package for the Article 71 Office Holders and MPs, in order to attract expertise of Ghanaians by birth from the Academia or Intelligentsia echelon, Medical, Business and Mining Sectors and Ghanaian both within and outside Ghana from only Ghanaian Citizens by birth with no burden of Dual Citizenship, in order to ensure undivided Allegiance to the State of Ghana that is Allegiance to Ghana only from experts outside Ghana say with the UN etc into public policy making offices or and political Offices of the Executive Branch and as Members of Parliament. This was the reason for the good package for the Article 71 Office Holders, lifted from previous Constitution and the Constitution of Other Countries. This principle was initiated by the SMC regime of the late General Acheampong to attract people like Dr Robert Gardiner then Chief Executive Officer or Executive Director of the Economic Commission of Africa and he granted the

honorary rank of Colonel to Dr Robert Gardiner for him to perform the role of Economic Adviser to the then Commissioner or Minister for Economy Affairs, in the person of the Col Roger Felli. Hence, the Citizen must appreciate the reason for the Article 71 Office Holders. Mr President, may be the end of service benefits or ex-gratia should be taken once through an amendment of the Constitution. Article71 of the 1992 Constitution is in Chapter Eight under the Executive, hence an entrenched Clause.

The CRC’s Recommendations and the Government White paper agreed that the President should pay tax on his pay and emoluments. Mr President you need to see that the President of Ghana pays tax on his or her emoluments but this matter is related to Article 68 (8) and (9) of 1992 Constitution which is in Chapter Eight under the Executive, hence an entrenched Clause. So we need to organize a very costly and risky referendum involving a win or lose or yes or no votes on this matter, hence it is better to let it stay.

His Excellency Mr President, I can recollect that you ever held a meeting with CSOs at the Jubilee House, telling them that you were of the view that the 1992 Constitution is not all that bad, so all the Citizens of Ghana need to help the President and the Judiciary to uphold, preserve, protect and defend the 1992 Constitution but like the Constitutions of other nations like the USA, there was no need to throw it away as being demanded by some of the proponents of the vibrant Pressure Group known as the Fix the Country Ghana but rather some areas need to be fine-tuned with time.

So the appropriate actions should be taking by Parliament to amend the Constitution. But please use your veto powers to disallow any bill seeking to allow dual citizenship holders to hold Policy making Offices as President, VP, Members of Parliament, Ambassadors, Secretary to the Cabinet. So please sir, the Constitutional provision which restricted Public Policy Making Offices to Ghanaian citizens by birth with no burden of Dual Citizenship and the appointment of the CDS, IGP, Service Commanders etc to Natural born Ghanaians or Ghanaian citizens by birth and with no burden of Dual Citizenship must be retained. Very powerful or strong in my next mail to you.

Mr President, the Fix the Country Group should be seen as a laudable Democratic Pressure Group looking for the improvement of the Nation, so the members need to be guided by you, other State Officials including the Police and Senior Citizens and not to be antagonized, an act which may make some of the members to cause mayhem due to their large following and the state of social media. So please accept my submissions in helping to change the narrative as a measure to serve as a guide to you, the Citizenry especially members of the fix the Country Pressure Group so as to help you to sustain peaceful atmosphere for you to execute your vision of Ghana beyond Aid through providing a new Economic Template for the rapid transformation of the economy or changing the Goggisburg economy to a modern one for the wellbeing of the Citizenry.

Best regards SIGNED

Major Mohammed Bogobiri (Rtd)