Constitutional Review Commission---Salvage Ghana From The Brink Of War

I wish to bring to the attention of the constitutional review commission certain happenings in this peaceful country of ours that have the potential of plunging Ghana into a state of anarchy with its accompanying ingredients of civil disobedience-- in this case, mistrust in the legal process of punishing wrong-doers. It will do this country a lot of good if commissioners use their in-depth experience in constitutional matters to re-examine the provisions in our constitution that permits public office holders especially politicians who double as professional lawyers and usually play lead roles as legal counsels in very sensitive legal cases that have the tendency of further polarizing this country along ethnic and political dimensions.

Quite obviously there are copious examples sufficient enough to justify such destabilizing and worrying situations. Regrettably, the numerous social commentators who flock and rock media houses today are often evasive— always dwelling on and justifying the unimportant to the sheer neglect of critical and highly sensitive matters.

A classic and painfully irritating example is the murder of the Ya-na and forty others—a case in which a sitting member of parliament (politician) is among the legal team, strenuously seeking justice for the alleged perpetrators of this heinous crime to the extent of even granting interviews to the media to the utter dismay of some citizens.

The murder and subsequent but belated trial of the suspects of Ya-na and others is not an isolated incident. Such ugly scenarios are widespread across the length and breadth of this great nation. A few months back, the royals of Techiman and Tuobodom were thrown into confusion resulting in the vulgar-- a reputable chief was stripped naked. Again, we recently witnessed the vandalization of the Tema Mantse Palace by a disgruntled youth who were subsequently arrested by the police for prosecution.

Not surprisingly, as the current political landscape dictates, the second deputy speaker of parliament, also an elected parliamentarian, is joyfully serving as the lead legal counsel for these alleged trouble causers. To my utter dismay, a former deputy minister of state who served in the ministry of finance and economic planning in the previous administration was also seen on TV pleasantly saying he was at the police station to show support and solidarity with the arrested youth.

What do all these connote? Simply nothing; except to deepen the NDC-NPP dichotomy. This, of course, is not good for the peace we are currently enjoying and deserve. On this matter, I think all Ghanaians are playing the ostrich and thus remain oblivious of the consequences.

I should think that all these developments are happening because of the intermarriage between the state prosecutor (public servant) and the attorney general who is but an ardent politician. Therefore, the Constitutional Review Commission should quickly decouple the roles of the two, which I firmly believe will immediately trickle down to the other politicians who belong to the legal fraternity; this will hopefully bar all of them from handling cases that have the propensity of dividing this country, and even causing disaffection to individuals or group of persons.

This is one surest way of allowing the judiciary to impartially deal with cases that will usually punish the people that hide behind the cloak of politicians to cause mayhem to innocent citizens and the general populace. It is this practice of fusing the attorney general’s department with the ministry of justice that has given prime fodder to the so-called NDC foot soldiers to spontaneously breach the laws and get away with it.

Similar disregard of the law(s) happened under the NPP administration too, and culprits were left off the hook. So what I can confidently say is that both political parties are coterminous and should be seen as such. Professor Albert Fiadzo, chairman of the Constitutional Review Commission and his team are learned people and I humbly entreat them to dispassionately interrogate the issues which will culminate in the production of a refined constitution that will stand the test of time.

The reviewed constitution I’m confident this time around will not leave very crucial judicial decisions at the behest of the political bourgeois. This practice, if not checked, will constantly polarize Ghana, and at worse trigger ethnic or political violence in this country. Any upheaval of any sort in this little garden of ours will certainly come from the irresponsible statements from politicians or media persons which are now ubiquitous.
Ghana’s enviable rating as a matured democratic state in Africa is attributable to, and the hallmark of a critical but bourgeoning media landscape which has played its fourth estate role without much blemish. Whilst many citizens including journalists assert that Ghana’s democracy has been entrenched through pluralistic and proactive media, it is regrettable to note that the Ghanaian media has gradually gone to bed. This to me is a lull. Let me hesitantly tell them that their actions and inactions currently have endangered our democracy which has always been upheld as a reference point by the west for the rest of Africa to emulate.
Having enumerated thus, I wish to therefore impress upon the Constitutional Review Commission to take a second look at chapter twelve of the 1992 constitution, which gives leverage to the media to operate freely with responsibility. It is equally my humble suggestion that the national media commission should be given powers equivalent to that of the high court. This will enable it deal with recalcitrant journalists who are usually bent on throwing this nation into a civil war by the stroke of the pen. We are sitting on a time bomb and the clock is ticking-- it could explode within the stretch of a second and all of us will perish.
The establishment of this Constitutional Review Commission is apt and perhaps long overdue, especially regarding the exigencies of our time; this could not have been deferred any longer. The danger that is starring us at the face can only be disengaged by this Constitutional Review Commission which has the mandate of the people to fine-tune the constitution so that it could be in tandem with best practices.
Any other relevant issue that may pose a threat to national security and which hitherto was not addressed by the constitution should quickly come under the scrutinizing lens of the commissioners and contributors.

David A. Banamini
Student, Ghana institute of journalism
Accra.
banamini@gmail.com