Ghana’s constitutional reform debate must focus on whether proposed changes will improve governance and the lives of ordinary citizens, rather than merely produce an attractive political slogan, KNUST academic Eric K. K. Abavare has argued.
Mr Abavare was reacting to the report of the Constitution Review Committee (CRC), chaired by Prof. Henry Kwasi Prempeh, which has proposed a number of changes to the 1992 Constitution aimed at transforming Ghana from what it describes as an “electoral democracy” into a “developmental democracy.”
He said the concept is compelling but cautioned that its success would ultimately depend on whether the proposed reforms improve accountability, strengthen state institutions and deliver tangible development.
Mr Abavare said the CRC’s diagnosis of Ghana’s democratic experience is largely difficult to dispute, noting that while the country had established a strong record of competitive elections and peaceful transfers of power, governance between elections had not achieved similar progress.
He cited weak public institutions, political patronage, excessive presidential influence and poor development outcomes as some of the challenges that continue to affect citizens.
According to him, these problems are reflected in everyday interactions with public institutions, including difficulties in accessing public services, registering businesses and securing effective action in corruption cases.
“The CRC’s diagnosis is that Ghana has excelled at the ballot box and stalled at the delivery desk. Its cure is to redesign the delivery desk,” he said.
However, he cautioned that “developmental democracy” must be more than a slogan.
Mr Abavare identified several major recommendations in the CRC report that could significantly alter Ghana’s political and institutional system.
These include a proposal to extend the presidential term from four to five years, while retaining a two-term limit.
The committee has also proposed limiting the Cabinet to 57 ministers, with Members of Parliament barred from simultaneously serving as ministers.
Parliament would be fixed at 276 members, while the Supreme Court would be capped at the Chief Justice and 14 other Justices.
The Chief Justice would also serve a single, non-renewable 10-year term.
On natural resources, the CRC proposes that public lands and minerals be expressly vested in the people of Ghana rather than the President, with Parliament required to ratify resource agreements before they are signed.
The committee has further proposed the election of Metropolitan, Municipal and District Chief Executives (MMDCEs) on a non-partisan basis and the establishment of a permanent Devolution Commission to strengthen decentralisation.
Another major recommendation is to increase the District Assemblies Common Fund (DACF) from a minimum of five per cent to at least 10 per cent of national revenue, while removing the share allocated to MPs.
The report also proposes an Anti-Corruption and Ethics Commission with prosecutorial powers, potentially changing the current arrangement under which corruption prosecutions fall under the Attorney-General.
In addition, the committee has recommended an Independent Public Emoluments Commission to determine public-sector remuneration, including that of Article 71 officeholders.
It also proposes replacing MPs’ end-of-term gratuity with a pension arrangement.
The CRC has further proposed a three-tier constitutional amendment system to ensure that not every constitutional amendment would require a national referendum.
Mr Abavare said Ghanaians should avoid treating the CRC report as either entirely good or entirely bad.
He said while some critics have described the proposals as a possible attempt to entrench incumbents and increase presidential power, others appear unwilling to question the recommendations because they were produced by eminent constitutional experts.
“Both positions, in my honest view, are lazy,” he said.
He argued that most of the committee’s diagnosis is sound and several of its proposed remedies are defensible, but warned that some recommendations carry significant risks that must be addressed before Parliament begins drafting legislation.
One proposal Mr Abavare has specifically rejected is the proposed extension of the presidential term from four to five years.
While acknowledging that a longer term could provide governments with more time to implement their programmes, he believes it could weaken democratic accountability.
He has therefore called for the existing four-year presidential term to be retained.
For him, constitutional reform must prioritise citizens’ ability to hold governments accountable rather than administrative convenience.
Mr Abavare said he would assess the CRC’s recommendations using three tests: the Kayayoo Test, the Accountability Test and the Reversibility Test.
The Kayayoo Test asks whether a proposal will make a measurable difference to ordinary citizens, including market women, transport operators, farmers and young graduates.
The Accountability Test considers whether a reform will make it easier or harder to remove an ineffective government, sanction corrupt officials or reverse bad laws.
The Reversibility Test asks whether a reform can be undone if it proves unsuccessful without requiring years of additional constitutional reviews and referendum processes.
“A reform that passes all three deserves our support. A reform that fails any of them gets a red pen from me, however eminent the drafters,” he said.
Mr Abavare has urged Ghanaians to take an active interest in the constitutional reform process instead of leaving the debate exclusively to lawyers, politicians and constitutional experts.
He encouraged citizens to read the CRC’s Executive Summary and discuss the proposals in churches, mosques, workplaces, families and other community settings.
“Constitutional reform in a democracy cannot be outsourced to lawyers and politicians,” he said.
“The 1992 document belongs to the people who ratified it. Any successor text must belong to us too.”
Mr Abavare said he would, over the course of an eight-part weekly column, examine the CRC report proposal by proposal in plain language and from the perspective of ordinary citizens.
He said the first instalment would focus on the Presidency, while the final part would identify three to five proposals he believes Ghanaians should either reject outright or radically amend.
He said the ultimate test of the proposed constitutional reforms should be whether they create a state that is more accountable, effective and responsive to citizens.
By 1960news.com
