Constitutional Review or Political Whitewash?

Ghana is once again flirting with constitutional reform. The government has announced a new review committee to “modernize and strengthen” the 1992 Constitution. The promise is grand, but the mood in the streets is weary. Ghanaians have been here before. Commissions have sat, recommendations have been written, and volumes of reports have gathered dust on government shelves. Why should this time be any different?

The Ghosts of Past Reviews
It is not the first time a government has promised to “fix” the Constitution. In 2010, the late President John Evans Atta Mills set up the Constitutional Review Commission (CRC) under the eminent law professor, V.C.R.A.C. Crabbe. The Commission did extensive nationwide consultations and produced a comprehensive report, recommending over 90 amendments ranging from executive powers to decentralization. Yet, almost 15 years later, very little of that work has been implemented. “The Constitution was designed for stability, but we have left it fossilized,” a former member of the Commission lamented recently. Another civil society actor put it bluntly, “Ghana does not suffer from lack of ideas; we suffer from lack of political will.”

The Core Issues at Stake
The new review committee cannot run away from three central questions:

1. Executive Power: The 1992 Constitution tilts heavily in favour of the President. He appoints most key officials, from ministers to district chief executives, and even has influence over the judiciary through appointments. Critics argue that this makes Ghana’s democracy dangerously “presidential,” leaving Parliament toothless and local governance suffocated.
2. Decentralization: For decades, Ghanaians have called for the election of Metropolitan, Municipal, and District Chief Executives (MMDCEs). Yet successive governments have balked at giving citizens this power. As one grassroots organizer in Tamale put it, “We cannot talk of democracy when the President still decides who leads our communities.”
3. Judicial Independence: While Ghana’s judiciary has often played the role of arbiter in tense political moments, questions remain about its real independence. The President’s power to appoint the Chief Justice and justices of the Supreme Court remains a sore point.

The Politics behind the Push
Another reason for the deep public suspicion is the man behind this latest constitutional push, President John Dramani Mahama. Having returned to power on a wave of discontent against the NPP, Mahama has wasted little time in signaling that the 1992 Constitution must be “reset.” But critics are asking: reset for who? “If this review ends up creating a backdoor for Mahama to run again, then it is not reform, it is personal ambition dressed as national renewal.” Under the current Constitution, Mahama cannot seek another term after 2028. Any review that touches presidential term limits immediately raises eyebrows.

Indeed, with the NDC controlling a two-thirds majority in Parliament, and with Mahama having recently appointed a new Chief Justice and additional Supreme Court judges, some fear the checks and balances are already tilted. A civil society activist captured the mood bluntly, “Right now, the NDC controls the executive, the legislature, and the judiciary. How can we trust that this review will not be manipulated?” For many Ghanaians, therefore, the skepticism is not abstract. It is rooted in real political calculations. The fear that the review is less about fixing the structural flaws of the Constitution and more about consolidating NDC dominance for the foreseeable future.

Why the Skepticism Runs Deep
Public doubt is also fuelled by history. The CRC’s proposals were cherry-picked and then shelved. Previous governments have spoken of constitutional reform but treated it more as political branding than genuine renewal.

• Rawlings (1992): The 1992 Constitution was crafted in a context where Jerry John Rawlings’ hold on power was unquestionable. Many clauses reflected his imprint, concentrating authority in the presidency to secure his dominance as Ghana transitioned from military to civilian rule.
• Kufuor (2000s): President John Agyekum Kufuor frequently hinted at the need for constitutional reforms, especially around executive powers and governance structures, but never moved decisively when he held the reins of power.
• Mills (2010): To his credit, Mills initiated the most comprehensive review via the CRC, but his death and political hesitation from his successors meant the effort collapsed into the usual cycle of delay and neglect.

“Every government promises reform, but they only touch the Constitution when it benefits them.”

The pattern is clear. Leaders champion reform when it suits them, and shelve it when it threatens their political interests.

The Opportunity before Us
And yet, if taken seriously, this review could reset Ghana’s democratic trajectory. The Constitution was born in 1992 under very different circumstances. Ghana had just emerged from military rule. The framers prioritized stability above all else. Three decades later, stability is not enough; citizens demand accountability, inclusion, and genuine separation of powers. If the review empowers Parliament, strengthens local government, and insulates the judiciary, it could breathe new life into the Fourth Republic. Done right, this is not just about tweaking clauses. It is about shifting Ghana’s democracy from one dominated by executive control to one owned by the people. As one youth activist recently noted, “We are not asking for miracles. We are asking for a system where no one man is bigger than the state.”

The Crossroads
So here we stand again, another committee, another promise. The stakes are high. If the review is conducted openly, consultatively, and with genuine commitment to implement recommendations, Ghana could take a giant democratic leap. If not, this will simply join the pile of abandoned reform efforts. Another political whitewash dressed in fine speeches. After all, many Ghanaians believe the 1992 Constitution itself suffers hiccups because it was crafted with Jerry John Rawlings in mind. It centralized immense power in the presidency to secure his hold on the newborn Fourth Republic. To now amend it merely to serve another strongman would be a tragic repeat of history.

“The Constitution is too sacred to be sacrificed on the altar of one man’s ambition.” Ghanaians must therefore stay awake. The choice before us is stark. Real reform that strengthens our democracy, or a cosmetic exercise that leaves us shackled to the politics of convenience. The central question remains: Will this review serve Ghana, or will it serve John Dramani Mahama?

FUSEINI ABDULAI BRAIMAH
+233208282575 / +233550558008
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