Assessing the Constitutional Review Committee’s Proposals

Ghana’s 1992 Constitution has served the country well. It has provided stability, protected fundamental freedoms, and sustained democratic rule for more than three decades. That achievement should not be understated. Yet societies continually evolve. Institutions that once worked effectively can begin to strain under new realities.

It is within this context that the work of the Constitutional Review Committee must be understood and appreciated.

The Committee has approached its task with seriousness, depth, and a clear sense of national responsibility. Its recommendations are wide-ranging, carefully reasoned and consultative, and aimed at correcting long-standing weaknesses in Ghana’s democratic system.

Rather than offering cosmetic amendments, the proposals confront how power is exercised, checked, and shared. At the same time, some recommendations raise questions that must be addressed if reform is to strengthen democracy rather than weaken it.

This assessment mainly focuses on the core governance and accountability reforms in the Committee’s report, rather than providing a clause-by-clause or chapter-by-chapter review.

Reining in power and restoring trust

One of the Committee’s commendable features is its effort to reduce excessive presidential power. Proposals to subject the President to taxation, replace Article 71 with an independent Public Emoluments Commission, cap the size of government, and restrict presidential authority during post-election transitions reflect a simple democratic principle: No office holder should be above scrutiny.

Equally important is the proposal to limit post-presidential immunity. Allowing civil actions at any time and criminal proceedings within four years after leaving office addresses a deep public concern about impunity. Leadership must be understood as service, not protection from accountability.

The decision to decouple ministers from Parliament is another bold and welcomed reform. When Members of Parliament are appointed as ministers, Parliament weakens itself, and oversight becomes compromised. By ending this practice, the Committee seeks to restore Parliament as an independent body that scrutinises executive power rather than negotiates for appointments.

Making censure binding, limiting the abuse of certificates of urgency by restricting their use to genuine national emergencies, requiring open and recorded votes on constitutional amendments, and allowing parliamentary caucuses to elect their own leaders all strengthen legislative independence. Collectively, they could help rebuild public confidence in Parliament as a serious democratic institution.

Accountability beyond rhetoric
One of the most important, and rightly ambitious, proposals is the recommendation to establish a constitutionally grounded Anti-Corruption and Ethics Commission.

Ghana has no shortage of anti-corruption political rhetoric, yet enforcement remains fragmented and inconsistent. A dedicated constitutional body with a clear mandate, independence, and investigative authority could help move the country from symbolic commitment to practical accountability.

However, the success of such a body will depend on its design. Independence must be real, not nominal. Appointments must be merit-based, and funding must be protected. Without these safeguards, a new institution risks becoming another layer in an already crowded accountability landscape. With these safeguards, the proposed Commission will become a turning point in restoring public trust.

A living, inclusive democracy
The Committee deserves credit for recognising that democracy must reflect society as it exists today. Lowering the presidential age from 40 to 30 acknowledges Ghana’s youthful population and affirms that leadership capacity is not defined by age alone.

Allowing dual/multiple citizens by birth to contest parliamentary elections corrects a long-standing exclusion. In a globalised world, citizenship and belonging are not weakened by mobility. They are often strengthened by it.

The recommendation to study proportional representation is cautious but sensible. Rather than impose a new system without debate, the Committee invites national reflection on how best to include women, youth, and smaller political parties. Combined with reforms to constituency boundaries and a cap on the size of the parliament, this could promote fairer representation.

The proposal to constitutionally guarantee public participation in law-making is equally important. Democracy does not end on election day. Laws gain legitimacy when citizens feel heard and consulted.

Rights, dignity, and justice
Chapter Six’s focus on inclusion deserves particular attention. Proposals to strengthen disability rights respond to persistent barriers faced by persons with disabilities in education, employment, and public life. Constitutional recognition alone will not remove these barriers, but it provides a stronger foundation for enforcement and social change.

The Committee goes further by recommending the abolition of the death penalty. I support this recommendation and believe it aligns with evolving global human rights standards and Ghana’s own constitutional values.

However, the moral, legal, and social dimensions of capital punishment deserve fuller treatment than this article can offer. What matters here is that the Committee has taken a principled stand and reopened a serious national conversation about justice, dignity, and the limits of state power. That conversation merits careful and separate attention, which I intend to return to in a dedicated piece.

Development, planning, and the local state

One of the most far-reaching recommendations is to make the National Development Plan binding on budgets and legislation. Ghana’s history of policy discontinuity has weakened development outcomes. Binding national planning could help shift politics away from short-termism toward shared national goals.

Equally crucial is the emphasis on decentralisation. Democracy does not happen only in Accra. It occurs where people live, work, and engage local authority. Proposals to deepen political and fiscal decentralisation, including the election of local executives, recognise this reality.

The recommendation to establish an Independent Devolution Commission is important. By placing responsibility for devolution in an independent constitutional body, the Committee seeks to protect local governance reform from partisan interference and policy reversal.

However, decentralisation must be meaningful. Electing local leaders without transferring resources and authority risks frustration rather than empowerment. The success of these reforms will depend on genuine fiscal decentralisation and clear accountability at the regional and district levels.

The Committee’s attention to traditional authority within local governance is also crucial. Chiefs continue to hold social legitimacy in many communities. Ignoring this reality weakens governance. Harnessing it carefully, without politicisation, could strengthen local accountability and development.

Where caution is needed
Some proposals require careful handling. Extending presidential and parliamentary terms to five years may allow more time for policy implementation, but it also reduces electoral accountability. Safeguards will be needed to ensure leaders remain responsive between elections.

Shifting elections to November to allow longer transitions is sensible in principle, but its effects on budgeting and administration must be carefully sequenced to avoid uncertainty.

Reforming the Electoral Commission to a Commissioner and two Deputies may improve efficiency, but the concentration of authority carries risks. Strong internal checks will be essential.

A challenge for all Ghanaians
The Constitutional Review Committee has completed its task with seriousness and integrity. Its recommendations confront long-standing weaknesses with clarity and courage. They recognise that stability alone is no longer enough. Accountability, restraint, inclusion, and participation must now take centre stage.

The responsibility now lies elsewhere. Political leaders must resist selective adoption. These proposals are interconnected and must be treated as a whole. Parliament must approach the process as a national duty, not a partisan contest. Public education and consultation are essential for legitimacy.

Civil society and the media must remain engaged beyond moments of excitement. Most importantly, citizens must remain attentive. Stricter rules alone will not reform democracy. What matters is whether Ghanaians value responsibility over loyalty, and scrutiny over silence, apathy and resignation.

The Committee has pointed Ghana in a better direction. The question now is whether all Ghanaians are willing to walk that path together.

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