Consider other constitutions – Prof. Gyandoh

By William Yaw Owusu

Saturday February 13, 2010
A research fellow at the Ghana Centre for Democratic Development (CDD) and former Dean of the Faculty of Law, University of Ghana has asked the constitutional review committee to consider all past constitutions in order to get a workable document for the country.

Professor Samuel Gyandoh says “we should not focus solely on the 1992 Constitution. We need to have a historical perspective. We should be able to look at all forms of the constitutional experiment to produce a highly effective working document that will address the country’s democratic challenges and ensure rapid development.”

He was speaking at the inauguration of a national constitution review coalition led by CDD to provide technical information through research and analysis for the impending constitutional review exercise.

The committee jointly chaired by Prof. Gyandoh and Justice VCRAC Crabbe, an eminent jurist, will collaborate with the civil society organizations and interest groups undertake public education and advocacy in key areas of democracy, governance and constitutionalism.

Prof. Gyandoh said issues such as selection of the majority of ministers of state from the legislature by the executive arm of government, the indemnity clause and the question of whether or not the constitution has given the President too much powers have become nagging issues that needed to be considered during the review.

“Do we want a government in which the President can go into the legislature to select its leaders for it or a regime where Parliament itself decides who should lead it?” he asked.

“We need to understand that we are trying to mix two different concepts that do not really mix. We should look at these from the instrument of governance and take into consideration our customary laws.”

Victor Brobbey, co-coordinator of the coalition said the CDD supports the constitutional review process adding it offers just as much opportunity for civil society to make inputs towards the exercise.

Justice Crabbe advised Ghanaians to see the exercise as a national one saying “the constitution affects everybody. It should not be viewed as somebody else’s responsibility to educate anybody. It is a civic responsibility.”

Emmanuel Bombande, Executive Director of West Africa Peacebuilding Network (WANEP) during questions and answers time advised the review committee not to make “the exercise appear as if somebody has an agenda to channel through the review.”

“The process should be holistic enough to ensure stability and deepening of the country’s democracy”.

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