Opinions of Wednesday, 4 November 2026

Columnist: Eric KK Abavare

This week 8: Human rights, corruption and the independent bodies

Examining the link between human rights, corruption and independent institutions Examining the link between human rights, corruption and independent institutions

This is the week the Report gets personal. Chapter 5 of the 1992 Constitution covers our fundamental human rights; the ones you can take to court. Chapter 6 covers our socio-economic aspirations: health, food, housing, work the ones you cannot. The Committee proposes to move parts of Chapter 6 into Chapter 5.

Justiciable rights, in defined contexts. The right to food, enforceable for persons in state custody, which matters if you have ever waited overnight in a police cell without food. The right to health, enforceable in emergencies. The right to housing, enforceable in cases of forced eviction, which matters if you have ever watched a demolition team arrive at a settlement in Old Fadama at dawn.

Full-blown socio-economic litigation has crippled courts in poorer democracies before, so the Committee's contextual approach is a wise middle path. The moral highlight of the week is the proposed constitutional abolition of the death penalty.

Ghana has not executed a prisoner since 1993. Every recent government has signalled abolitionist intent. Placing it in the Constitution puts the commitment beyond the reach of the next moral panic.

Then there is the boldest institutional reform in the entire Report — the new Anti-Corruption and Ethics Commission, which strips the Attorney-General of the power to prosecute corruption and vests it in an independent body with its own prosecutors.

Combined with the removal of the AG's unfettered nolle prosequi power, this attacks the two decades of politically timed prosecutions and equally politically timed abandonments Ghanaians have grown cynical about.

However, there is another concern: as this will remain as any of the toothless anti-corruption agencies, how would it be different from the Office of Special Prosecutor?

There is also the Independent Public Emoluments Commission, which replaces the ad hoc Article 71 committees and finally does something about the ex-gratia grievance; the fear of scratch my back and I scratch your back between the Executive and the Legislators could be killed? And a new Independent Registrar to police campaign finance, separate from the Electoral Commission. Modernised privacy language too, for the age of the Ghana Card, mobile money and CCTV.

Full arguments and the specific safeguards the AEC must have if it is not to become another toothless acronym appear on (Tuesday, 3rd November). Kwame Ghana Dayie!