Ghana's Political Future on the Line: Sweeping Constitutional Reforms Proposed

Published 1 hour ago4 minute read
Pelumi Ilesanmi
Pelumi Ilesanmi
Ghana's Political Future on the Line: Sweeping Constitutional Reforms Proposed

Ghana's Constitution Review Committee (CRC), chaired by Professor H. Kwasi Prempeh, Executive Director of the Ghana Centre for Democratic Development (CDD-Ghana), presented its final report to President John Dramani Mahama at the Jubilee House on Monday, December 22. The eight-member committee, comprising esteemed individuals like Justice Sophia Adinyira, Professor Kwame Karikari, and former Electoral Commission Chairperson Charlotte Osei, was tasked with a comprehensive review of the 1992 Constitution. The report, titled “Transforming Ghana: From Electoral Democracy to Developmental Democracy,” proposes far-reaching amendments aimed at shifting Ghana towards a more development-driven, accountable, and people-centred system of governance.

President Mahama lauded the recommendations as “revolutionary” and essential for strengthening Ghana’s democracy and restoring public confidence in its institutions. He committed to a bipartisan approach for implementing the proposals, emphasizing the importance of democratic governance in contrast to authoritarian regimes, especially given democratic backsliding in the West African subregion.

Among the CRC's most significant proposals are reforms to the Electoral Commission (EC). The committee recommends amending Article 223 of the 1992 Constitution to introduce a single, non-renewable 10-year term for the EC Chairperson and Deputy Commissioners, or until they reach 65 years, whichever comes first. This measure is designed to insulate the EC leadership from political pressure, ensuring they can perform their constitutional duties independently. Additionally, a mandatory three-year cooling-off period is proposed, barring former EC leaders from holding any other public office post-service to draw a clear line between electoral management and subsequent public appointments.

The Presidency and Executive also face substantial proposed changes. The CRC suggests extending the presidential term of office from four years to five years, while maintaining the existing two-term limit. This aims to provide a more stable governance framework, allowing presidents adequate time to design, implement, and consolidate long-term national policies without the constant pressure of frequent election cycles. Furthermore, Article 62(b) is proposed for amendment to lower the minimum age for presidential candidates from forty to thirty years, fostering inclusivity and encouraging youth participation in national leadership. Professor Prempeh explicitly stated that the committee found no constitutional basis or public appetite for a third presidential term, effectively putting an end to such speculation.

Other key Executive reforms include stripping Members of Parliament of eligibility for ministerial appointments, capping the total number of ministers at 57, and subjecting presidential salaries and benefits to taxation. The Council of State is recommended for restructuring to give it a more prominent role in presidential appointments, enhancing credibility while maintaining the President's authority.

For Parliament, the CRC proposes separating the Executive from Parliament, capping the number of members at 276, strengthening constituency engagement, tightening conflict-of-interest rules, and expanding space for private members’ bills. The report also calls for reforms in political party financing, internal party democracy, and the establishment of an independent regulator for political parties, alongside a study into adopting proportional representation to improve the inclusion of women, youth, and marginalized groups.

Judicial reforms are also comprehensive, covering appointments, tenure, removal, and financial independence. A new, clearly defined process for the removal of a Chief Justice is proposed, involving a confidential petition to the Council of State, a prima facie assessment by its judicial committee, potential suspension by the President, and investigation by a five-member tribunal. This aims to ensure fairness, transparency, and institutional balance while preventing undue political interference.

A major focus of the committee’s work was curbing the monetisation of elections and political campaigns. The CRC recommends that Parliament enact legislation to regulate campaign costs and restrict the duration of electioneering activities to a defined window, possibly up to 120 days before general elections, prohibiting campaigning outside this period. Proposed measures also include limiting expenditure for parties and candidates, oversight of internal party primary fees by an Independent Regulatory and Regulatory Public Procurement Commission (IRRPC), and mandating full disclosure and external auditing of party finances. The regulation and sanctioning of incumbency abuse are also critical components of these reforms.

The CRC's recommendations extend to a broad range of other governance areas, including splitting the Commission on Human Rights and Administrative Justice (CHRAJ) into two distinct entities, depoliticising state-owned enterprises and the public service, and improving public sector appointment processes with merit-based selections and fixed tenures for CEOs. It also advocates for a constitutionally anchored long-term National Development Plan, reforms in natural resource governance, stricter controls on public finance, and the creation of a new constitutional Anti-Corruption and Ethics Commission. Decentralization reforms include the election of Metropolitan, Municipal, and District Chief Executives and clearer roles for traditional authorities, keeping them out of active party politics. Finally, the committee urges reforms to make constitutional amendment processes more flexible, preventing obsolescence and ensuring the supreme law remains responsive to Ghana’s evolving needs. These proposals collectively represent the most comprehensive blueprint for constitutional reform since 1992, aiming to stabilize Ghana’s democracy, reduce political costs, enhance accountability, and re-engineer the state for long-term national development.

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