1992 Constitution review: Prof. Atsu Ayee and Dr Osae-Kwapong explain why Constituent Assembly not necessary

Two leading political scientists, Professor Joseph Atsu Ayee and Dr John Osae-Kwapong, have opposed calls for a Constituent Assembly to deliberate on proposed reforms to Ghana's 1992 Constitution.

They argue that the Constitution Review Committee (CRC), chaired by Professor H. Kwasi Prempeh, already consulted Ghanaians thoroughly by engaging citizens, professional bodies, past presidents and other key stakeholders.

NPP Wants Constituent Assembly Before Referendum

The two academics were responding to the New Patriotic Party (NPP), which has urged the government to set up a Constituent Assembly to deliberate on the proposed amendments before they are put to a referendum.

According to the NPP, the move is needed to build broad national consensus on the reforms and to resolve differences between the government and the CRC.

The party proposes that the assembly should bring together representatives of political parties, organised labour, professional bodies, the National House of Chiefs, religious organisations, women's groups, persons with disabilities, students and the youth, the private sector, civil society and the regions.

Prof Ayee: "We Are Not Writing a New Constitution"

Prof. Ayee said Ghana did not need a Constituent Assembly "because we are not writing a new constitution as we had in the past."

He explained that the Constitution already sets out the amendment procedure. "The amendment of the entrenched and non-entrenched provisions will need a national referendum and parliamentary process respectively, as indicated by the Constitution," he said.

He stressed that keeping to timelines was important to ensure the process stays on course. He also noted that a few contentious recommendations appear not to have been addressed, including the president's term of office, which some have proposed extending to five years, and the president's extensive appointing powers.

Constitution Alone Cannot Make Ghana Great

Prof. Ayee said the ultimate test of any constitutional reform was whether it improves the quality and standard of living of all Ghanaians.

"For the Constitution to work and improve living standards, both leaders and citizens need behavioural and attitudinal changes," he stated.

This, he said, means building and strengthening values such as promoting the public interest, patriotism, hard work, honesty, transparency and accountability.

"The revised Constitution will be operated by men who must possess positive values to make it work. We should not live under the illusion that the amended Constitution has the magic wand to make Ghana great and strong," he cautioned.

He described transformative leadership as key. He also called for a proper balance between the non-partisan role of the president as head of state and the partisan role as head of government.

Dr Osae-Kwapong: Current Process Provides Enough Consultation

Dr Osae-Kwapong acknowledged that concerns raised about Ghana's constitutional reform process were legitimate. However, he said he did not support the call for a Constituent Assembly.

He explained that amending the 1992 Constitution means changing the core architecture of the country's system of governance. He added that a durable constitution is one that citizens recognise as their own.

"With that principle in mind, I believe the current process already provides, and can continue to provide, the consultation the reforms require," he said.

He pointed out that the CRC engaged citizens across several regions and met professional bodies, past presidents and other key stakeholders.

Referendum Gives Citizens the Final Say

Dr Osae-Kwapong further noted that changes to entrenched provisions of the Constitution will require a referendum, giving citizens the final say.

He added that the referendum will also allow different groups to weigh in again, by mobilising for or against the amendments and making their case directly to the public.