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General News of Friday, 5 April 2019

Source: www.ghanaweb.com

Prof Gyampo calls for total overhaul of the 1992 Constitution

Political Science Lecturer, Prof Ransford Edward Van Gyampo has stated that Ghana’s constitution does not check the exercise of power hence has advocated for a total restructuring of the book of law.

According to Prof Gyampo, Ghana’s constitution undermines constitutionalism which seeks to check, shackle and bridle the exercise of power by duly elected leaders.

The 1992 Constitution of Ghana combines some features of the US Presidential and UK Westminster systems of Government. Having modelled three different constitutions along the lines of both systems since the First Republic in 1960, there emerged a preference for constitutional hybridity in drafting the 1992 Constitution.

During his Lecture on the theme ‘The 1992 Constitution and Constitutionalism in Ghana’, the Political Academician said study shows that even though the Constitution has served Ghanaians well it nevertheless contains provisions that do not only hinder the maturation of the democratization process, but also undermine constitutionalism in many profound ways.

He cited a number of factors which hinders the progressiveness of maintaining law and order in the country.

These indicators of non-constitutionalism, Prof Gyampo mentioned, are Extensive Power of the Executive President, Executive-Parliament Relations, Executive-Judiciary Ralations and the issue No Cross Carpeting.

To him, the constitution was used to pacify former president and the PNDC leader, Jerry John Rawlings who hated the multiparty system such that actions and inactions tilt towards the favour of the Executive arm of government.

Explaining why Ghana should adopt constitutionalism, Prof. Gyampo maintained that the process allows the constitution to contain enough mechanisms that check the exercise of powers.

He added that 2010, former President John Evans Atta Mills constituted the Constitution Review Commission to undertake a consultative review of the 1992 Constitution as part of efforts to entrench the country’s democratic governance.

Mr Gyampo, calling for the review of constitution reiterated, “there was a constitutional review process that have been stored. Let us rekindle that process and ensure that process gets to its finality to give us a fine tune constitution that has the teeth and that has the checks and balances that would ensure that there’s constitutionalism”.