The Affirmative Action Gender Equity Bill 2024, which has encountered several delays over the years, was finally unanimously approved by Parliament.
This legislation aims to ensure that a substantial number of women hold significant roles in governance, public life, and decision-making positions, thereby improving the status of women in the country.
Earlier today, Gender Minister Darkoa Newmann proposed the motion for the bill’s passage, which was subsequently voted on and approved by the House.
Speaker of Parliament Alban Bagbin remarked that, despite this progress, additional efforts are necessary to achieve true gender equity.
“Don’t just celebrate and don’t really put in place the vision that we have created for the country. But more importantly, I hope that members will commit themselves to the constitutional reforms.
We need to do more there to be able to create this free and just society we are looking for to liberate more of our women to be able to support us to be able to develop mother Ghana,” he said.
The law also aims to promote efforts to address socio-cultural, political, economic, and educational gender imbalances in both private and public sectors, as stipulated inClause 4 of Article 17 of the 1992 Constitution.
Its goal is to progressively increase and ensure the active participation of women in public and civic life, aiming for a minimum representation of 30 percent by 2030, in alignment with the Sustainable Development Goals (SDGs).
National Commission for Civic Education (NCCE) has called on Ghanaians to uphold their country as a shining example of democracy globally.
This in efforts to encourage citizens to safeguard the nation’s democratic identity.
The Commission emphasized that Ghana’s democratic path, characterized by freedom and justice, is firmly rooted in the principles of the rule of law, respect for individual liberties, human rights, and accountability.
Therefore, Ghana is globally acknowledged as a symbol of political peace, stability, harmony, and hope for the African continent.
“Therefore, the citizenry must at all times respect and abide by the tenets of the 1992 Constitution to safeguard national peace and harmony,” Paul Tetteh, the Assin Fosu Municipal Director of NCCE, said.
He was speaking to the Ghana News Agency, in commemoration of the country’s Constitution Day, observed on January 7 every year to mark the coming into effect of the 1992 Constitution and the birth of the Fourth Republic.
The day reminds Ghanaians of the need to uphold the tenets of the rule of law, constitutionalism, democracy and their collective commitment to a regime of uninterrupted constitutional order.
Tetteh said on April 28, 1992, the citizenry took a decisive decision to adopt the 1992 Constitution to guide the governance of the country.
Prior to that, the country had witnessed intermittent military disruptions of various constitutions since independence.
He said the 1992 Constitution had served the country quite well since the era of the Provisional National Defence Council, the last military regime in the country.
For that matter, he said: “The citizenry must renew their trust in the country’s democratic process and vigilantly protect the 1992 Constitution against the threats of saboteurs.
“The right time is now, considering the disruptions of some governments in the sub-region by military personnel in recent times.
“For those who might not have been alive to experience some gruesome dark era of military rule with its attendant suppression of freedoms, authoritarian rule and disregard for human rights, they will not appreciate the value of constitutionalism,” Tetteh said.
He pointed out that no matter the challenges under constitutionalism, the citizenry had benefited from the fruits of democracy such as freedom of expression, freedom of association and deciding who or which party should govern them.
“Since independence, the 1992 Constitution has travelled the longest in the country’s governance, as the rest were often cut short through military interventions.
“It is only under this Constitution that the country had experienced the longest, uninterrupted period of stable, constitutional governance.
“We have also witnessed peaceful transfers of power from a governing to an opposition party on three separate occasions, where election results were disputed, the parties resorted to the Supreme Court to settle the differences. This can never happen under military rule,” Tetteh explained.
In this vein, he urged the citizenry not to entertain any ideas of supporting military takeovers to draw back the clock of progress.
Already, he said, there had been some proposals for the review of some portions of the Constitution to help serve the citizenry better.
According to him, citizens should offer suggestions to improve it and not disrupt the country’s progress march.
In July 2020, a ninety-year-old woman, Madam Akua Denteh, was beaten to death. The force of a community had been pressed on this elderly Ghanaian because she had been declared a witch.
This practice, in varying degrees, is pervasive in many parts of the country.
Witchcraft accusations came with deadly repercussions in medieval Europe. It was punishable by death. However, currently, such accusations are largely deemed ludicrous.
This change in the European mind, like any historical process, was grinding. Even after the Witchcraft Act, 1735 was passed by the English Parliament to prevent the persecution of people accused of witchcraft, undertones of such claims persisted for centuries.
In 1951, a Private Member’s Bill was passed to replace the 1735 Act.
The Bill’s long title was: An Act to repeal the Witchcraft Act, 1735 and to make in substitution for certain provisions for punishment of persons who fraudulently purport to act as spiritualists, mediums or to exercise powers of telepathy, clairvoyance or other similar power.
Following suit, five Ghanaian Members of Parliament (MPs), led by MP for Madina, Francis-Xavier Sosu, not long ago sponsored a bill to ensure that what happened to Madam Denteh never repeats itself.
For the better part of Ghana’s Fourth Republic, MPs were barred from initiating bills in Parliament. This barrier was lifted when Parliament adopted a proposal for the enactment of a Private Member’s Bill in July 2020. A Private Member’s Bill is a draft law introduced in Parliament by an MP who is not acting on behalf of the government.
Since July 2020, 10 Private Member’s Bills have been introduced on the Floor of Parliament with several others at different departments in the House. So far, five Private Member’s Bills have been passed by Parliament and two have received presidential assent.
Road Traffic (Amendment) Bill, 2020
The Road Traffic (Amendment) Bill, 2020 was the first to be passed. It received presidential assent on December 29, 2020. A former MP, Ras Mubarak, sponsored the bill. Its purpose was to fill a gap in the principal enactment of the Road Traffic Act, 2004 (Act 683).
There were no guidelines in the original law to proscribe acts that constituted dangerous driving that resulted in the injury or death of unborn babies. The Act stipulates that any individual who engages in dangerous driving or cycling that results in the injury or death of the human foetus shall be convicted between three and seven years. The law also encourages a driver whose vehicle engages in an accident that results in the injury or death of an unborn baby to immediately report the incident to the nearest police station.
Criminal Offences (Amendment) Bill, 2021
The religious and societal norms that had, for centuries, underlined how societies react to suicides and attempted suicides shaped the modern laws of many countries.
Survivors of non-fatal suicides were, in the past, ex-communicated from the Catholic Church. These attitudes led to the criminalisation of people who attempted to take their lives; and entrenched the non-appreciation of the socio-economic and psychological reasons behind attempted suicides.
MP for Asante Akim Central, Kwame Anyimadu-Antwi, and his colleague, Bernard Ahiafor, who represents the Akatsi South constituency, got together to campaign for the amendment of the Criminal Offences Act, 1960 (Act 29) to decriminalise attempted suicide in Ghana. The bill has received presidential assent.
Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021
About eight MPs have sponsored a bill to criminalise homosexuality. The Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021 also seeks to outlaw, among others, advocacy on Lesbian, Gay, Bisexual, Transgender (LGBT), intersex, queer/questioning, asexual, and many other terms.
The MPs are: Samuel Nartey George, Della Adjoa Sowah, Emmanuel Bedzrah, John Ntim Forjour, Alhassan Sayibu Suhuyini, Rita Naa Odoley Sowah, Helen Adjoa Ntoso, and Rockson-Nelson Dafeamkpor. The bill was read for the second time in Parliament on July 5, 2023.
Constitution of the Republic of Ghana (Amendment) Bill, 2021, Office of the Special Prosecutor (Amendment) Bill, 2021
MP for Akim Swedru, Kennedy Osei Nyarko
The 1992 Constitution restricts dual citizens from holding public office. Although dual citizens have made a strong case for a Constitutional amendment, their wish has not been granted.
MP for Akim Swedru, Kennedy Osei Nyarko, has sponsored two bills to lift the restrictions on dual citizens. The bills are to amend several portions of the Constitution and the Office of the Special Prosecutor Act.
Earmarked Funds Capping And Realignment (Amendment) Bill, 2022
In 2017, Parliament enacted the Earmarked Funds Capping And Realignment Act, 2017 (Act 947). The Act limits and realigns amounts that accrue to GETFund, a fund created by Act 581 to augment the government’s effort in providing educational infrastructure and facilities.
Several Civil Society Groups, including the Africa Education Watch (EduWatch), have protested for GETFund to be de-caped because basic education in the country faces funding deficits.
MPs Peter Nortsu-Kotoe and Kwabena Amankwa Asiamah, the Ranking Member for the Committee on Education and Chairperson for the Committee on Education respectively, sponsored the Earmarked Funds Capping And Realignment (Amendment) Bill, 2022. The Bill’s objective is to remove the GETFund from the funds capped by Act 947; thereby ensuring that GETFund achieves its purpose.
However, a source who wished to remain anonymous told The Fourth Estate that the bill is likely to be dropped by the MPs.
Criminal Offences (Amendment) Bill, 2022
As discussed in the introduction, lawyer Sosu, Laadi Ayii Ayamba, Dr Godfred Seidu Jasaw, Helen Adjoa Ntoso and Betty Mensah have backed a bill to criminalise the declaration, accusation, naming, or labelling of another person as a witch. Although passed by Parliament, the Bill is awaiting presidential assent.
The MP for Madina, Mr Sosu championed two bills to amend two Acts: Criminal Offences Act, 1960 (Act 29) and the Armed Forces (Amendment) Bill, 2022 to substitute the penalty of life imprisonment for the death penalty.
Budget Bill, 2023
The president, through the Finance Minister, presents a budget to Parliament every year. At the moment, Parliament is limited in making substantial inputs into the budget formulation process. The Budget Bill, sponsored by four MPs, is intended to strengthen the budgetary oversight and financial control of Parliament. The MPs are Osei Kyei-Mensah-Bonsu, Haruna Iddrisu, James Klutse Avedzi, and Kofi Okyere Agyekum.
The avenue for MPs to collaborate to make laws that improve society is crucial for the functioning of a highly polarised Parliament and democracy.
Samuel Obeng, Executive Director of Parliamentary Network Africa
In an interview with The Fourth Estate, the Executive Director of Parliamentary Network Africa, Sammy Obeng, said the adoption of the Private Member’s Bill was a game-changing moment for Ghana’s democracy, especially Parliamentary work. He added that this was long overdue since the 1992 Constitution was “clear” that draft bills were not only to come from the Executive, except those that had financial implications.
According to Mr Obeng, so far, the already passed bills are “very progressive” and they have the “potential” to change Ghana’s legal space.
The MP for Madina has introduced 11 draft bills. Three have reached the Floor of Parliament. He joined forces with his colleagues on three bills that are yet to be presented to the main House.
In an interview with The Fourth Estate, the MP said the “original duty” of every legislator is to make laws. He said the opportunity to introduce bills into the House has “transformed” Parliamentary work.
He stressed the need for MPs to take this opportunity seriously. According to him, legislation on many important issues is often neglected because it is not deemed as a priority by the Executive. To find issues to develop draft bills on, Mr Sosu said MPs should look into the plight of their constituents, as that is how he gets his ideas.
“So, you don’t only go to Parliament to contribute to laws introduced by the Executive. But, by yourself, you can introduce laws that can have a wide impact on the nation,” he said.
Political Party Influence Threatens Private Member’s Bill
The potential of the Private Member’s Bill may, however, be thwarted because of some challenges, Mr Sosu said.
He said there is often an underground current to force MPs to “seek political approval” from the leaders of their political parties before they introduce some bills. This, to him, could lead to the co-option of an idea presented in Parliament as a Private Member’s Bill into a policy, which could drag its passage.
Mr Sosu lamented the lack of clear procedures guiding the introduction of draft bills by private MPs. He said this “problem” is a major reason many MPs “shy away” from introducing bills.
He further pointed out that these initial gains could be eroded if the financial cost associated with introducing bills is also not remedied.
Mr Obeng of Parliamentary Network Africa, however, told The Fourth Estate that the Private Member’s Bill regime has so far been successful regardless of the bottlenecks.
“For a system that does not have a direct expression in the current standing orders of Parliament, for which reason Parliament, in its current revision, is trying to make more provision for it, having more than a dozen Private Member’s bills introduced, some of which have been passed within this three-year period, it is a big success,” he said.
Mr Obeng said bills sponsored by the government get the needed resources to produce a strong draft bill. He said a ministry or agency that intends to introduce a bill often has the ability to hire a consultant, organise multiple stakeholder engagements, and has the resources available to the Attorney General’s office and Cabinet before the bill is introduced in Parliament.
“Now the first part that I described, the part before it [a bill] is presented to Parliament by the government, this is the part that at the moment individual members of Parliament who are proposing a private member’s bill must stomach. Where are they going to find those resources to be able to do that?”
He agreed that if the cost factor is not remedied, “disingenuous” MPs, who have or can access resources, would support laws that may not be in favour of the ordinary Ghanaian.
Also, Mr Obeng said that public participation in the lawmaking process could be easily stifled under the guise of lack of money. This, he said, could prevent the important and legitimate input of major stakeholders.
“In fact, in the context of what we call open Parliament, it is a cardinal sin to pass a law without effective public participation. And if resources and time become a constraint and are used as excuses to sidestep public participation, it portends a major danger for all of us,” he added.
Speaker of Parliament, Alban Sumana Kingsford Bagbin, has expressed his concern that Ghana is not practicing true democracy because of the defects in the 1992 constitution.
He made this remark when he visited the office of Graphic Communications Group Limited (GCGL) in Accra yesterday to interact with management and the editorial team. The visit was part of his efforts to strengthen Parliament-Media relations.
The Speaker explained that the current constitution allowed many people to operate above the law, leading to lawlessness and injustice. He said democracy required that the law should be supreme and not respect any person.
“The law is no respecter of any person; that is one of the errors in our constitution. Read through our constitution and you’ll see the law is a respecter of so many people. So many people in Ghana are above the law. You can’t have democracy [with that], and so we need to work at it seriously,” he said.
He therefore reiterated his calls for support for review of the 1992 constitution.
“It is something we must take up,” he said.
Both sides of Parliament have also rallied support for the review of the constitution, as well as some Civil Society Organisations. President Akufo-Addo on the other hand, has urged the relevant stakeholders to exercise caution in their quest for a review.
Paramount Chief of Asokore Asante, Nana S. K. B. Asante, has advised the state to scrutinise the 1992 Constitution before embarking on a review of the document.
He emphasised the need for a careful study of the antecedents and merits of the 1992 Constitution as part of the ongoing talks for a review process.
Dr. Asante, a distinguished scholar, constitutional lawyer, and negotiation expert, highlighted the importance of meaningful reform proposals in this exercise.
Drawing a parallel to the Supreme Court‘s approach to constitutional, he explained that considering the background and expert recommendations should precede focusing on the constitution’s text.
Furthermore, he noted that societal challenges such as corruption, economic flaws, and indiscipline should not be solely attributed to the constitution.
The chief expressed these views during the Institute of Economic Affairs (IEA) constitutional review series, where prominent chiefs shared their contributions to the ongoing discussion on meeting the present requirements.
Speaking on the theme: “Reviewing Ghana’s 1992 Constitution: Viewpoints from the National House of Chiefs,” Nana Asante emphasised the importance of recognising Ghana’s international reputation for democratic and constitutional stability and how it has brought economic benefits.
He cautioned against uninformed criticisms of the constitution and called for a comprehensive analysis of its contributions to consolidating the country’s democracy.
He also addressed the issue of excessive presidential powers, highlighting their origins in the 1979 Constitution and encouraging a detailed examination of all constitutional provisions.
Dr. Asante highlighted the necessity of conducting a realistic analysis of appointments made by the president, including heads of constitutional bodies, judges of the Supreme Court, the Chief Justice, and District Chief Executives. He suggested considering which appointments should remain under the president’s authority and which should be delegated to other bodies.
Regarding the participation of chiefs in politics, Nana Asante deemed it inappropriate but emphasised their potential to contribute to community and national development.
Proposing recommendations on behalf of the president of the National House of Chiefs, Nana Ogyeahohoo Yaw Gyebi II, and Dr. Asante advocated the need to reduce the appointment of ministers of parliament to maintain effective parliamentary oversight.
He also suggested that an independent authority, rather than the presidency, should be responsible for appointing heads of all constitutional bodies, including the Electoral Commission and the Commission on Human Rights and Administrative Justice (CHRAJ). Additionally, he proposed limiting the number of Supreme Court judges and establishing a second Chamber to serve as a check on parliamentary work.
The Member of Parliament for Asawase, Mohammed Mubarak Muntaka, has stated that the 1992 constitution of the country is designed in a way that facilitates the election of a president with dictatorial tendencies.
The lawmaker contends that the constitution offers the President too much power in the discharge of his duties.
“I have always said with the greatest respect that the 1992 Constitution only helps us to elect a dictator because if you look at the Constitution, all it does is create a monster president who is a superhuman and does almost everything and a lot of checks have to be corrected in the current constitution.
His comment comes on the back of a concern raised by the Majority Leader, Osei Kyei-Mensah-Bonsu about the delegation of the Vice President as the Acting President in the absence of the President.
In his reaction, Mohammed Mubarak Muntaka called for the implementation of the recommendations by the Constitutional Amendment Commission to address such concerns.
“I keep asking what is preventing us from implementing the recommendations of the Constitutional Amendment Commission because since 2013, we have virtually iced it yet a lot of work has been done and it is just left with the implementation and we have left it hanging. Are we anticipating another amendment because the work the Committee did is very extensive?”
The NDC lawmaker further bemoaned the lack of checks and balances in the country’s democratic practice.
“We all know that in a presidential system, checks and balances must exist but that is a system that has been very difficult for us to do for the past 30 years.”
The National Road Safety Authority (NRSA) has announced that it will commence a joint exercise with the Ghana Police Service to remove all abandoned vehicles on roads across the country, on Wednesday, April 4, 2023,
According to the authority, the abandonment of vehicles on roads is an offense under Clause 21 of the Road Traffic Act, 2004 (Act 683) of the 1992 Constitution.
In a release sighted by GhanaWeb, the NRSA added that owners or caretakers of vehicles abandoned on roads will be liable to a “summary conviction to a fine of not more than two hundred and fifty penalty units or to a term of imprisonment of not less than twelve months or to both”.
“The Authority announces for the notice of all owners of motor vehicles or trailers that with effect from 5th April 2023, the Authority, will liaise with the Motor Traffic and Transport Department (MTTD) of the Ghana Police Service, to compulsorily remove or cause the removal of any broken-down motor vehicle or trailer left on a roadway or in a circumstance that poses danger, or that is likely to cause an accident or injury to any other person using the road, to a safer location and surcharge the owner or person in charge of the motor vehicle or trailer with the cost of removal and storage for immediate payment prior to release of the motor vehicle or trailer to the owner or person in charge in accordance with Regulation 102 (1) and(l0) of the Road Traffic Regulations, 2012 (L.I. 2180),” parts of the release read.
The authority, therefore, urged the public to take the needed steps to remove their abandoned vehicles from the road to avoid losing them or being fined.
On Wednesday, April 5, 2023, theNational Road Safety Authority(NRSA) and the Ghana Police Service will begin a coordinated operation to remove all abandoned automobiles from the nation’s highways.
According to the authority, the abandonment of vehicles on roads is an offense under Clause 21 of the Road Traffic Act, 2004 (Act 683) of the 1992 Constitution.
In a release sighted by GhanaWeb, the NRSA added that owners or caretakers of vehicles abandoned on roads will be liable to a “summary conviction to a fine of not more than two hundred and fifty penalty units or to a term of imprisonment of not less than twelve months or to both”.
“The Authority announces for the notice of all owners of motor vehiclesor trailers that with effect from 5th April 2023, the Authority, will liaise with the Motor Traffic and Transport Department (MTTD) of the Ghana Police Service, to compulsorily remove or cause the removal of any broken-down motor vehicle or trailer left on a roadway or in a circumstance that poses danger, or that is likely to cause an accident or injury to any other person using the road, to a safer location and surcharge the owner or person in charge of the motor vehicle or trailer with the cost of removal and storage for immediate payment prior to release of the motor vehicle or trailer to the owner or person in charge in accordance with Regulation 102 (1) and(l0) of the Road Traffic Regulations, 2012 (L.I. 2180),” parts of the release read.
The authority, therefore, urged the public to take the needed steps to remove their abandoned vehicles from the road to avoid losing them or being fined.
Inusah Fuseini, a former chairman of the Law Constitutional Committee of Parliament, is advocating for the repeal of Article 71 in the 1992 constitution.
Speaking on JoyNews, he noted that the conditions stated in Article 71 created room for discrimination against some public officers.
According to him, Article 71 officeholders are also public officers, and the provisions of Article 71 enabled the Article 71 officeholders to receive preferential treatment.
This, he pointed out, contradicted Article 17 of the Constitution, which spells out that there must be equality before the law, thus his advocating for the removal of Article 71.
“Article 71 should be deleted in its entirety because it appears to me to be it is inconsistent with article 17 of the constitution, which deals with non-discrimination,” he said.
“All officers under article 71 are public officers, and so there should not be discrimination between the Article 71 office holders and all other office holders,” he added.
Additionally, Mr Fuseini stated that he believed that the Independent Emolument Committee has been recommended by the constitution review committee for Article 71 to be examined and substituted with a different arrangement.
Article 71 of the Ghanaian Constitution notes that the President must decide on the wages and benefits of those holding Article 71 offices based on the recommendations of a committee of no more than five people that he has appointed and that acts on the Council of State’s advise.
The President, Vice-President, Speaker of the House, Chief Justice, and Justices of the Supreme Court are all members of the Article 71 offices.
Lawyer and Researcher, Oliver Barker-Vormawor, says the amendment of the current constitution must be a collective responsibility and not a project assigned to a few individuals.
According to Mr Barker-Vormawor, should the amendment of the constitution be left in the hands of a few, it would be brought back as constitution without a “soul”.
“When we call for a new Constitution, we are calling for something much more than gathering a few lawyers, a few article 71 office holders and a few friends of the regime who will huddle in a Kempinski Conference room; to produce for us another document without a soul, just like our current one.”
“A new Constitution is a process! Not an event. It is an opportunity to rebuild our society’s belief and desire for change from the ground up. We must knock on every door; we must engage every citizen and we must implant in all of us a new belief for change,” he added while speaking on JoyNews.
According to him, the rhetoric that the 1992 constitution is perfect and that Ghanaians are bad people should be entirely ignored and treated with the contempt it deserves.
“In all my life and that of those before, I have never seen any nation built out of angels and a people without blemish,” he said.
He noted that those who often advance this argument are people “whose palm kernels have been cracked by the benevolence of the gluttony that this era has enabled. They have made themselves rich from the profligacy of this era of greed, and now they shape-shift as intellectual apostles whose only aim and ambition is to preserve a status-quo that has dealt very well with them.”
He warned that their tactic is one to demoralize well-meaning Ghanaians seeking change to stray from their path and accept the status quo to their own detriment.
“Instead by making you doubt the urgency of your aspirations; by invalidating your dreams and your equal claim to re-imagining a better society; they succeed in preserving the status quo. Be wary of them,” he warned.
The 1992 Constitution, he added, has served as the cornerstone for the most uninterrupted, stable period of free administration in the otherwise volatile history of the country. He said this without predicting the outcome of the ongoing national debate.
The Constitution, which has served as the cornerstone for the most uninterrupted, stable period of free governance in our otherwise volatile history, ought to be treated with prudence, he said.
President Akufo-Addo made the call when he swore in three members of the National Commission on Civic Education (NCCE) at the Jubilee House in Accra yesterday.
President Akufo-Addo made reference to the classical maxim: “Festina lente”, to wit “make haste slowly”, and urged the NCCE to be sensitive to the demands expressed in several quarters for wholesale or limited amendments to the Fourth Republican Constitution.
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Although the President noted that all the functions of the commission were important, he singled out for special mention the significance of the function set out in Article 233 Clause C of the Constitution: “To formulate for the consideration of government, from time to time, programmes at the national, regional and district levels aimed at realising the objectives of this Constitution.”
He added that since its establishment some 30 years ago, the NCCE had done its part in helping Ghanaians to recognise their freedoms and civic rights, even though they could still do much better in that regard.
He indicated that despite concerns raised in some quarters over the effectiveness of the NCCE in the discharge of its functions, with some going as far as advocating its ability abolition, he was of a different opinion.
Ghana’s 1992 Constitution, according toDr. Stephen Amoah, deputy minister-designate for trade and industry, has done “tremendously well” in terms of safeguarding and managing the nation’s fiscal space.
Despite the numerous economic setbacks the nation has experienced over the years, the 1992 constitution, in his opinion, has done a great deal to maintain the country’s economy.
The Ghana Institute of Management and Public Administration (GIMPA) in Accra hosted the GIMPA Law Conference 2023 on Tuesday. Dr. Amoah delivered a presentation at the conference.
Held under the theme: “The 1992 Constitution of Ghana @ 30; Taking Stock, Assessing Progress and Reflecting on the Future”, the event brought together experts as well as thought leaders across various facets of the country’s economy to discuss the impact of the country’s constitution on the socioeconomic life of the citizens.
In his presentation, Dr. Stephen Amoah, who also doubles as the Member of Parliament (MP) for the Nhyieaso Constituency in the Ashanti Region, noted that “most of our challenges as a country comes to this point of how our fiscal space is managed by government”.
“Here in Ghana, we have been experiencing ‘negative effective tax rates’. It doesn’t matter who is in government. Prior to the Covid-19 and Russia-Ukraine war, all revenues generated by government has always been less than how much it has spent. Government always spends more than it earns. But the constitution has made provisions such that governments are forced to spend only within a certain means.”
Citing the issue of taxes and waivers, the lawmaker stressed that “if not for the constitution, successive governments would have abused tax privileges”, and added that the constitution “has put a check on all activities of those in authority in that government cannot wake up and impose taxes.”
According to Dr. Amoah, “this common saying that the private sector is the engine of growth has proven to be true in all modern economies. There is a global shift from socialism to capitalism and this has been successful as a result of the supporting constitution of the Republic of Ghana.”
He also added that the constitution has ensured the socioeconomic freedoms of all citizens in that it makes provisions for every person to “work under satisfactory, safe and healthy conditions and to receive equal pay for equal work without distinction of any kind”.
This, he opined, would have been worse, especially considering the kind of political culture we experience in Ghana.
“The Constitution has helped us as a country to properly manage our funds. It has provided everything we need as a country and has also contributed immensely towards building this beautiful country of ours”, he concluded.
A law professor, Judge Abdulai, has advised Ghanaians to be “measured” in their optimism regarding political promises to repeal ex-gratia, which is ingrained in the 1992 Constitution.
Also a legal practitioner, Mr Abdulai said any president who promises to scrap ex gratia for Article 71 office holders will find the process very cumbersome.
“Scrapping ex gratia will be very difficult,” he said in an interview with Media General‘s Noble Crosby Annan on Thursday, March 2.
This comes in the wake of the promise by former President John Dramani Mahama that he will scrap ex-gratia when he gets the nod to lead this country again.
“The payment of ex gratia to members of the executive will be scrapped,” Mr Dramani Mahama announced when he launched his bid to be 2024 Presidential Candidate of the National Democratic Congress (NDC).
“The necessary constitutional steps to take this will start in earnest in 2025. We will also persuade members of the other arms of government to accept its removal,” he assured.
But Mr Abdulai, who lectures at the University of Professional Studies, Accra (UPSA), said the emoluments of persons entitled for ex gratia are not determined by a President but by the constitution.
“This is not a decision that is made by Parliament,” he added.
He said before an amendment is made, the entire constitution may need to be reviewed.
“For all of us who have hope, we should be measured in our hope,” he cautioned.
Mr Abdulai said a referendum will, for instance, need to be conducted to have this changed and so the scrapping will not rest with one president but “the entirety of Ghanaians will have to come together”.
The President was supposed to address the country on Tuesday, February 28.
The postponement was announced by the majority leader, Osei Kyei-Mensah-Bonsu, when he delivered the business statement for the third week ending Friday, March 3.
The majority leader did not give any specific justification for the postponement.
If nothing changes, the address will take place two days after the Volta Region’s 66th independence anniversary celebration.
A sitting president must perform the exercise in accordance with Article 67 of the 1992 Constitution.
The general secretary of the People’s National Convention (PNC), Janet Nabla, has stated that while Ghana has a solid constitution, its implementation requires strong men and women in positions of leadership.
Contributing to a discussion on the 30th anniversary of Parliamentary Democracy in Ghana, on TV3’s Big Issue, Thursday, February 23, she said “we need strongmen to implement our constitution and Ghana will be better.”
She further indicated that Ghana does not need Regional Ministers.
“We don’t need regional ministers,” she stressed.
On the occasion of the 30th anniversary of Parliamentary democracy, Speaker of Parliament Alban Bagbin has said that Ghana has had eight successive elections and four government change-overs between the two major political parties.
On account of that, he said that Ghana is now a consummate democratic dispensation.
However, he said elections and successful government changeovers are not the only determinants of a working democracy.
“We must focus on strengthening our democratic institutions if we want to have a sustainable democracy.
“Hon. Leaders of the House, Hon Members of Parliament, the Clerk to Parliament and staff of the Parliamentary Service, distinguished guests, I wish to declare the 30th-anniversary celebration of Ghana’s parliamentary democracy duly launched,” Mr Babin said during the launch of the anniversary ceremony in Accra on Wednesday, February 22.
The Majority Leader Osei Kyei-Mensah-Bonsu for his part called for an amendment to the 1992 Constitution of the Republic of Ghana.
Although the Constitution has served well, he said, there are aspects that are no more relevant to the current realities.
“The 1992 constitution has no doubt served some good in the last three decades, I must, however, admit that some assumptions underpinning some reformations no longer hold or are not supported by current social-political realities,” the Minister for Parliamentray Affairs said while speaking at a ceremony to mark 30 years of Parliamentary Democracy in Ghana.
He added “This underlines the calls by various stakeholders for the review of the 1992 Constitution. It is time to re-engineer our constitutional architecture to conform to today’s realities.
“We need a constitutional order that frowns on a winner-takes-all syndrome and promotes collaboration, collectiveness and consensus building,” he said on Wednesday.
“We need a constitutional order that would mitigate the winner takes all attitude and prevent the do-or-die combat associated with our elections. We need a new constitutional order that would prevent the constant increase in the number of seats in Parliament.”
The Suame lawmaker stressed that “We need a new constitutional order that would put a cap in the number of ministers of state. We need a new constitutional order that would ensure that the Speaker of Parliament is a serving member of Parliament.”
The 1992 constitution, as the supreme law of the land, provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary.
Through its system of checks and balances, it avoids bestowing preponderant power on any specific branch of government.
Majority Leader, Osei Kyei-Mensah-Bonsu, is advocating for a new Constitution that will cap the number of Ministers and Members of Parliament (MPs).
According to him, the time is ripe for amendments to be made to the supreme laws of the country in order for them to reflect the ever-changing needs of the contemporary world.
Speaking at a ceremony to mark 30 years of Parliamentary Democracy in Ghana, the Suame legislator said Ghana needs a new constitution that caps the number of ministers, caps the number of seats in Parliament and also makes the Speaker of Parliament an MP.
“The 1992 constitution has no doubt served some good in the last three decades, I must, however, admit that some assumptions underpinning some reformations no longer hold or are not supported by current social-political realities.
“This underlines the calls by various stakeholders for the review of the 1992 Constitution. It is time to re-engineer our constitutional architecture to conform to today’s realities.
“We need a constitutional order that frowns on a winner-takes-all syndrome and promotes collaboration, collectiveness and consensus building,” he said on Wednesday.
“We need a constitutional order that would mitigate the winner takes all attitude and prevent the do-or-die combat associated with our elections. We need a new constitutional order that would prevent the constant increase in the number of seats in Parliament.”
“We need a new constitutional order that would put a cap in the number of ministers of state. We need a new constitutional order that would ensure that the Speaker of Parliament is a serving member of Parliament.”
The Minority Leader, Dr Cassiel Ato Forson, asked both sides of the House to collaborate and work in unison for the benefit of all Ghanaians.
Ghana’s oldest former president, John Agyekum Kufuor, has suggested that the tenure of office for a president or an elected government should be relooked at.
According to him, the current four-year tenure is quite problematic, leaving very little room for any leader to effectively cause a major developmental change in the country.
He added that it takes a while for any elected leader to even settle into the system before he can efficiently cause the changes needed in a country.
John Agyekum Kufuor made this known while speaking at a seminar on reviewing Ghana’s 1992 Constitution, organized by the Institute of Economic Affairs (IEA), at his residence in Peduase, in the Eastern Region.
The former president explained that he came to the realization after he was invited to Malaysia and got to see how much developmental growth the country had made, even though at the time of independence, it was on par with Ghana.
“Malaysia, by history – ’56, ’57, Ghana was at par with Malaysia, and we were both colonies of Britain but Malaysia has gone far ahead. 4 years? The man asked, what can we do in four years? And when I considered, I thought that we should do something about the tenure as the stage of development, we need to really develop but you vote in a new president or leader,” he said.
John Kufuor also explained the breakdown of how things turn out for politicians in a new government and why his suggestion for a review of the tenure should be looked at again.
“First year, very likely, he will come in with smart, naturally bright people, well-educated and all, but just good education is not enough to, say, enable you to sense how to attract investments so it would be win-win for your country and whoever the partner is.
“First year, all the bright youngsters you recruit as ministers will be learning to get the civil service, work with it, and what I discovered with our system is that the civil servants are so bright, like the politicians – they went to the same school, perhaps even the civil servants were brighter than the politicians , but the civil servant will be sitting there, getting this meagre pay… and will also hate the politician who just dropped in and instantly became like his boss and minister, when the civil servant knows that this minister does not know his left from right,” he added.
President John Agyekum Kufuor also used the opportunity to explain another major difficulty that is faced by new ministers in a government.
He said that in most cases, the civil servants, who mostly know the job far better than the appointed politicians, are not willing to offer the best advice to them, and for some specific reasons.
He added that by the time the civil servants come to accept and appreciate the politician who has been brought as their head, time might have elapsed, leaving close to no time for the politician to effectively work and bring the needed change to the country.
“And not until the civil servant gets the impression that the minister knows what he is doing, the civil servant will not volunteer to give the best advice. And it would take the good minister averagely at least one year to get to know the civil service to, in a way, harness it to use it to do the politics that must be done and then to help him go to parliament to get the law passed and then to bring back the policy to implement, by which time two to three years is gone. Fourth year, elections, all politicians go crazy,” he said.
On November 10, Mr. Haruna Iddrisu, the Minority Leader, introduced a motion in Parliament requesting a vote of censure against the Finance Minister for alleged economic mismanagement.
The motion, which was in accordance with Article 82 of the 1992 Constitution, cited seven grounds for the vote of censure.
Ground Two alleges the unconstitutional withdrawal from the Consolidated Fund in blatant contravention of Article 178 of the 1992 Constitution supposedly for the construction of the National Cathedral.
Ground Three alleges the illegal payment of oil revenues into offshore accounts in flagrant violation of Article 176 of the 1992 Constitution.
Ground Four alleges deliberate and disreporting of economic data to Parliament, whereas Ground Five alleges fiscal recklessness leading to the crash of the Ghana cedi, which was currently the worst-performing currency in the world.
Ground Six accuses the Minister of alarming incompetence and frightening ineptitude resulting in the collapse of Ghana economy and an excruciating cost of living crisis; while Ground Seven alleges the gross mismanagement of the Ghanaian economy, which the Minority said had occasioned untold and unprecedented hardship.
Speaker Alban Sumana Kingsford Bagbin, subsequently, referred the Motion to an eight-member bi-partisan Committee for further investigations and report to the House.
A three-day public hearing, consequently, commenced on Tuesday, November 15, during which the Minister denied any wrongdoing.
He, however, apologised to citizens for the economic difficulties they faced.
During the hearing the Minister’s lawyer raised an objection on Ground One by that the issue of conflict of interest was beyond the jurisdiction of Parliament so the Committee decided to refer that to the plenary for consideration.
With regard to Ground Three, the Committee after hearing testimonies from the Ghana National Petroleum Corporation and the Public Interest and Accountability Committee, decided there was no need for the Minister to respond to the issue and decided to submit a written report on it to the plenary.
The bi-partisan Committee had Dr Dominic Akuritinga Ayine, National Democratic Congress (NDC) Member of Parliament for Bolgatanga East for the Minority Caucus, and Mr Kobina Tahir Hammond, New Patriotic Party (NPP) MP for Adansi Asokwa, for the Majority Caucus, as Co-Chairmen.
The Minority Members of the Committee included Samuel Okudzoto Ablakwa, MP for North Tongu; Dr Zanetor Agyeman-Rawlings, MP for Klottey-Korle, and Mr Bernard Ahiafor, MP for Akatsi South.
Members of the Majority side included Mr Patrick Yaw Boamah, MP for Okaikkwei Central; Mr Kwame Anyimadu-Antwi, MP for Asante-Akyim Central; and Mr Andrew Egyapa Mercer, MP for Secondi.
The minority leader, Haruna Iddrisu, has expressed disappointment over the decision of the majority not to support the minority in the impeachment of the finance minister, Ken Ofori-Atta.
According to him, despite the fact that the majority failed to support them, the minority will not abandon the censorship motion.
Speaking to the media in parliament, he said President Akufo-Addo also indicated that Akufo-Addo does not respect public opinion.
“…President Akufo-Addo will go down in history under the fourth republic as the president who most disrespected public opinion because as far as we are concerned public opinion is not supportive and favourable to the continuous stay in office of Ken Ofori-Atta. We feel led down and we feel betrayed by the majority caucus who have shown no wits in supporting us with our impeachment process within the letter and spirit of Article 82 of the 1992 constitution we are not abandoning our censorship motion.”
The Majority Caucus in Parliament has rescinded their decision to boycott the 2023 Budget Statement by embattled Minister of Finance, Ken Ofori-Atta.
This comes after a meeting between the lawmakers and leaders of the New Patriotic Party (NPP) which was held on November 23.
A statement co-signed by Majority Chief Whip, Frank Annoh-Dompreh and NPP General Secretary Justin Kodua Frimpong read in part: “At a meeting this evening, the 22 of November 2022, involving the Majority Caucus, the Leadership of the Party and the Council of Elders, it has been agreed by all to refocus and recline to the earlier position requested by the President.”
Former President John Agyekum Kufuor says it is time Ghana abolished the Council of State concept in its governance structure.
He said the Council has outlived its usefulness in the current democratic dispensation.
“I have had a chance to express my views on the Council of State, very honourable distinguished institution, well-meaning. But, I can say I don’t think it is fit for purpose given the state of development of our country and given the fact that the nation is committed to practicing democratic governance.”
The former President said this at a seminar organised by the Professor Mike Oquaye Centre for Constitutional Studies at the Institute for Economic Affairs (IEA), in Aburi, Eastern Region, on Tuesday.
The seminar formed part of a series of engagements the Institute is undertaking to solicit input toward a possible review of Ghana’s 1992 Constitution.
The former President proposed that, instead of the Council of State, the country should set up a second chamber of Parliament to play the advisory role to the government.
In recent times, the relevance of the Council of State has been questioned with some political commentators, academia and civil society organisations suggesting that the body has outlived its usefulness, thus should be abolished.
Former President Kufuor explained that though the framers of the Constitution thought it wise to set up such a body to advise the President, the Council is no longer useful.
He said: “… We limit the uses of Council of State to advising just the President,” and that often, the President decided whether or not to take the advice.
“So, I have gone through all these periods and I have come to a conclusion, perhaps, what our Constitution should have to temper the extremes of democracy is not a Council of State, but a second chamber. A second chamber well composed not on basis of democracy so much. Democracy should always be implied in there though, but not entirely democratically but more on experience, prove in public spiritedness, prudence, maturity, care for the nation, inclusive.
“If we do that, and allow this second chamber to operate openly, in the full glare of publicity, then the wisdom that would be issued from their deliberations would impact not only the President… ,” he added.
The former President added that the term of the second chamber must not be tied to the tenure of any government to ensure that there is continuity in the provision of development for the people.
On limiting the appointing powers of the President, the former President said the country must practice the checks and balances in its pure form, especially among the lead organs of State.
He called for the amendment of sections of the Constitution that empowered presidents to appoint about 50 percent of Ministers from Parliament.
“The legislature should be apart, people being elected there should be encouraged to professionalise themselves as legislators so they will play the guard dogs or watchdogs on the executive,” he said.
The former President also urged that political parties should be allowed to participate in elections at the local level.
A leading member of the New Patriotic Party, Gabby Asare Otchere-Darko, has described as refreshing a decision by a High Court to dismiss a suit challenging the election of Jomoro Member of Parliament, Dorcas Affo-Toffey.
According to him, the decision by the court among other things is a clear indication of the fairness of the judiciary system of Ghana.
“Congrats! It is refreshing to be amply reminded that the legal system works! That, Lady Justice remains blind,” Mr Otchere-Darko wrote in a tweet in reaction to NDC member, Joyce Bawa Mogtari’s celebration of the court’s decision.
The opposition National Democratic Congress has over the period accused the bench of being bias against the party.
Some NDC members have cited the Supreme Court’s dismissal of the party’s petition against the 2020 presidential election result to back their claim.
However, the Sekondi High Court on Monday, November 21, 2022, dismissed a petition against the NDC Member of Parliament for Jomoro.
The case which had been ongoing for close to two years was decided when the court, presided over by Justice Dr. Richmond Osei Hwere dismissed the case on grounds that the MP was eligible to contest.
The court held that she lost her Ivorian citizenship at the very time she acquired her Ghanaian citizenship, thus, there was no merit in the petition seeking to annul her election on the basis of her having dual citizenship.
The petition was filed by one Joshua Emuah Kofie, who was challenging the eligibility of the MP to contest as a representative of the people in the constituency on the ticket of the National Democratic Congress (NDC).
He submitted that she had multiple nationalities, including American and Ivorian citizenships, which is against the 1992 Constitution.
While the court determined that she did not have Ivorian citizenship at the time of filing and contesting in 2020, the MP denied having American citizenship.
Minister of Finance, Ken Ofori-Atta, has said the country’s total debt stock currently stands at GH¢450 billion in 2022 from a total of GH¢120 billion in 2017.
This represents about GH¢300 billion in borrowing since the Akufo-Addo government came into office in January 2017.
Ken Ofori-Atta appearing before the ad-hoc committee probing a censure motion filed against him by the Minority in Parliament explained that although the figure is huge and worrisome, it is important to place focus on the loans secured and what the funds have been expended towards.
He said government has invested the GH¢330 billion loan under key initiatives such as the Planting for Food and Jobs, construction of interchanges, and educational infrastructure, among others.
When probed over claims he had mismanaged the Ghanaian economy which is now seeking IMF assistance, Ken Ofori-Atta said “government’s strenuous efforts to protect the public purse is what has helped”.
The vote of censure filed by the Minority in Parliament was based on seven grounds.
Below are the seven points for which the Minority wants KEN Ofori-Atta censured:
a. Despicable conflict of interest ensuring that he directly benefits from Ghana’s economic woes as his companies receive commissions and other unethical contractual advantages, particularly from Ghana’s debt overhang
b. Unconstitutional withdrawals from the Consolidated Fund in blatant contravention of Article 178 of the 1992 Constitution, supposedly for the construction of the President’s Cathedral.
c. Illegal payment of oil revenues into offshore accounts, in flagrant violation of Article 176 of the 1992 Constitution.
d. Deliberate and dishonest misreporting of economic data to Parliament
e. Fiscal recklessness leading to the crash of the Ghana Cedi which is currently the worst-performing currency in the world
f. Alarming incompetence and frightening ineptitude, resulting in the collapse of the Ghanaian economy and an excruciating cost of living crisis
g. Gross mismanagement of the Ghanaian economy which has occasioned untold and unprecedented hardship
National Cathedral project is state-owned, not Akufo-Addo’s property – Ofori-Atta clarifies.
Former Director of Communications of the New Patriotic Party (NPP), Nana Akomea, has said that the vote of censure filed by the minority caucus of Parliament against Finance Minister Ken Ofori-Atta might amount to nothing even if it is passed.
According to him, the 1992 Constitution indicates that the President of the Republic, which is now Nana Addo Dankwa Akufo-Addo, has the final say even if Parliament passes a vote of census against any of his appointees.
Nana Akomea, who made these remarks during a panel discussion on Good Morning Ghana monitored by GhanaWeb, added that the vote of censure might not even pass because the minority caucus does not have the support of the majority that they need.
“Even if you get the support of the majority on your vote of censure, what the Constitution says is very simple, it says in Clause 5 of Article 82 that where a vote of censure is passed against a minister the president may revoke (it).
“So, this vote of censure that you’re coming to beat us, that is the way to go and that is what will succeed; even if you succeed which is not likely if you don’t get the support of the majority; but even if you succeed and you have the numbers and you do it, it will still be left with the president.
“So, what is the rush (by the minority caucus),” he said.
The Speaker of Parliament, Alban Bagbin, referred a vote of censure filed by the minority caucus of Parliament for the removal of Finance Minister, Ken Ofori-Atta, to an 8-member ad hoc committee which started meeting on Monday, November 14, and is expected to decide on the removal of the minister within 7 days.
The minority caucus has cited mismanagement of Ghana’s economy, conflict of interest, misrepresentation of figures on Ghana’s economy and unconstitutional withdrawal from the consolidated fund among others.
The majority caucus, who have also indicated that they want the minister removed, have, however, stated that they will not support the vote of censure spearheaded by the minority caucus of the House because they do not agree with the reasons the National Democratic Congress (NDC) MPs cited.
Mali gained independence from France in 1960, yet even today French is the language of governmentbusiness, used on road signs and in state TV broadcasts.
But on Bamako’s streets, French is rarely heard, and out in the bush even less so.
Mali has scores of its own languages — which is why, for some, it rankles that the tongue of the former colonial ruler is the only official language.
A few lines in the country’s draft constitution are now fanning calls for change, albeit at the cost of reminding the West African nation of some of its many problems.
“It’s been 60 years since independence — is it normal that French is our only official language?” asked Ali Guindo, a resident of the capital Bamako.
“We have lots of languages here in Mali,” he said outside his home in Torokorobougou district. “It would be good to cement them in our official culture.”
The debate has been sparked by the unveiling last month of a draft constitution, billed by the ruling junta as crucial for saving Mali from jihadist insurgents.
As in the 1992 constitution it is designed to replace, the charter identifies French as the “language of official expression.”
But, in a change, it also says local languages are “intended to become official languages.”
More than 70 languages are spoken in Mali, a deeply poor Sahel nation with a fast-growing population of some 21 million.
Of these 13 are recognised as “national” languages but French is the only official one, meaning that it is used for government and regulatory business, said Amadou Salifou Guindo, a specialist in sociolinguistics.
Among the major local languages, Songhay and Tamashek are widely spoken in the north; Fulfulde in central areas by the Fulani, an ethnic group also known as Peul; Bambara predominates in Bamako; and in the country’s far south, Senufo and Soninke prevail.
– Difficult debate –
The few words in the proposed Article 31 have now fired up discussion, from TV talk shows to chats over tea in informal get-togethers known as grins.
Among the questions: is it time to elevate vernacular languages to the status of official tongues? If so, which ones? And how can this be achieved?
But these questions also have swirling undercurrents.
One is Mali’s relationship with France, the country’s traditional ally, which has hit rock-bottom since the junta came to power in August 2020.
Some have used the bust-up to seize on Article 31 as a means to phase out French and make Bambara, the most-used language in Bamako, the official one instead.
But to do so touches on the sensitive question of national identity, potentially alienating speakers of other languages.
“Malians are afraid of an official language being imposed to the detriment of others,” said Guindo the linguist.
Another problem is rather more basic: teaching children to read and write in their local languages, which are rooted in oral traditions.
Tech support: A woman uses a dictionary app to help her type a message in Bambara on her smartphone
Under former president Moussa Traore who was ousted in 1991, experimental schools were set up that taught in vernacular languages.
The “revolutionary” idea foundered on a lack of state investment, and the schools came to be seen by parents and teachers as second class, writer and publisher Ismaila Samba Traore said.
– French dominates –
Local languages are still being taught, but on a small scale.
At the languages faculty at the University of Bamako, department head Mahamadou Kounta teaches Bambara to around 20 students.
The work, he says, is akin to sowing seed.
“When our students graduate, they will be able to read and write in the national languages and they in turn will be able to work to perpetuate them.”
Traore, who runs a publishing company called La Sahelienne, has been in business for 30 years.
He is one of the few publishers in Mali to bring out books in local languages — typically educational works ordered by international NGOs.
Other than that, publishing remains overwhelmingly in French.
Changing the constitution will not by itself alter habits that have been entrenched for decades, Traore admitted.
“Certain processes cannot be achieved from one day to the other — you have to let things incubate,” he said.
Legal Practitioner, Martin Kpebu, says Ghana’s constitution is no longer fit for purpose.
According to him, the ongoing motion of censure proceedings in Parliament has thrown into the limelight some of the many flaws of the 1992 Constitution which must be reviewed as soon as possible to prevent future constitutional crises.
His comments were based on assertions by Dr. Amoako Baah, a Political Science Lecturer at the Kwame Nkrumah University of Science and Technology, that the country might just be headed for a constitutional crisis should the President continue to remain entrenched in his resolve not to sack the Finance Minister even after he has been censured.
Article 82 Clause 5 of the 1992 Constitution states that “Where a vote of censure is passed against a Minister under this article the President may, unless the Minister resigns his office, revoke his appointment as a Minister.”
According to Dr. Baah, the use of “may” instead of “shall” does not obligate the President to heed the counsel of Parliament in the matter and thus the President through his refusal to remove his Minister will create a constitutional crisis.
“I’ve said this several times for a long time, six years now. Now we’re beginning to see. Everywhere you look in the constitution there is a problem so now we’re heading towards almost like a constitutional crisis. They vote for censure and he doesn’t resign and the President does not remove him, what happens?” he said.
Agreeing with Dr. Amoako Baah, Martin Kpebu added that with the constitution demonstrably not fit for purpose, it is only right that it be reviewed extensively and as soon as possible.
According to him, he is hoping that in the upcoming 2024 Presidential elections, candidates will couch their campaign messages around the need for a constitutional review.
“So for the next government coming and even assuming President Akufo-Addo doesn’t leave as we’re calling on him to leave with Bawumia and so we have to wait till 2024. I can see that constitutional review is going to take front and centre of the election. It’s going to be front and centre.
“A candidate to be able to win massively will have to promise us a quick constitutional review. We’ve seen that this constitution is no longer fit for purpose, we have to redesign it, cut down the powers of the executive President, make sure that parliamentarians will remain parliamentarians –they can’t be that cross breed, so to speak.
“Ministers will be ministers, we will no longer want parliamentarians to be ministers at the same time, no, we’ve learnt hard lessons from that. So you see that across the table we all agree that this constitution is now such a big problem, it’s an albatross on our neck and we need to fix it,” he said.
Lawyer Moses Foh-Amoaning, Executive Secretary of the National Coalition for Proper Human Sexual Rights and Family Values has said that he is in full support of the General Legal Council’s decision to put on hold the call to the Bar of YouTuber Elorm Ababio, a.k.a Ama Governor.
According to him, one does not become a lawyer just because s/he has passed an examination but also because the person is of good character, as stated in the 1992 Constitution of Ghana.
In a Neat FM interview monitored by GhanaWeb, Foh-Amoaning intimated that calling Ama Governor to the Bar means that the Council will be condoning her LGBTQ+ preferences, which she has wildly professed contrary to the laws of the country.
“In Ghana, if you take a look at Act 32, to be called a lawyer, it is not just that you have passed your exams; you must be of a said good character.
“We know that in Ghana, it is not good behaviour for persons of the same sex to have sexual intercourse and for them to marry. So, if you are engaged in such an activity, we know you are not of good character, so you can’t be called to the Ghana Bar,” he said in Twi.
Foh-Amoaning also warned that Ghana had to be careful because proponents of LGBTQ+ activities are trying very hard to indoctrinate their values in the country.
Elorm Ababio, a student who just completed the Ghana School of Law (GSL), will not be called to the Ghana Bar due to a petition filed against her by a “concerned citizen”.
The complaint, according to the letter signed by Justice Cynthia Pamela A. Addo JA, Secretary, General Legal Council (GLC), stated that Ama Governor is seen in widely circulated videos engaging in what it describes as “conduct unbecoming of an applicant to be called to the Bar”.
The Complainant, the GLC Secretary, indicated, also submitted a flash drive [pen drive] which contains selected video files and hyperlinks of Ama Governor to relevant website publications.
Ama Governor’s conduct is said to violate Regulation 21(c) of the Legal Profession (Professional and Post-call Law Course) Regulations, 2018 L.I. 2355.
The said Regulation states: “A student of the school qualifies to be called to the Bar if that student has […] (c) satisfied the Council that the student is of good character.”
The Council, Justice Cynthia Pamela A. Addo JA said had thus decided:
“1. To constitute a three-member Committee to investigate the complaint and advise Council accordingly.
“2. To suspend the decision to call you [Ama Governor] to the Bar pending the outcome of the investigation.
“I have been directed by the Chairperson of the General Legal Council to inform you of this matter and to advise you to expect to be contacted by the Committee in due course.”
“You will be given a fair hearing on the complaint before a decision is arrived at,” Justice Cynthia Pamela A. Addo JA’s letter dated November 3 concluded.
The Supreme Court of Ghana is set to decide on a notice of discontinuance filed by a petitioner who had earlier asked the court to grant men the right to practice polygamy.
Samuel Ampomah had earlier filed a suit at the apex court asking to be granted the right to more than one wife under the marriage ordinance law.
However the farmer according to a report by Graphic.com.gh on October 22, 2022 filed a notice to discontinue the case.
Mr Ampomah had gone to the Supreme Court in September 2021 with the case that it was unconstitutional for the Marriages Act, 1884 (CAP 127), and the Criminal Offences Act, 1960 (Act 29) to forbid a man from marrying more than one wife under the ordinance and also make it a crime.
It was the case of the petitioner that CAP 127 and Act 29 violated Articles 17 (2) and 21(1) of the 1992 Constitution, which respectively prohibits discrimination and guarantees the right to practice any religion without restriction.
The petitioner sought various reliefs including a declaration that on a true and proper interpretation of Articles 17(2) and 21(1) (c) of the 1992 Constitution and the spirit of the Constitution, Section 74 (1) of CAP 127 which forbids a man from marrying more than one wife under the ordinance was unconstitutional, and, therefore, null and void.
He further sought the court to make a declaration that Sections 262, 263, 264 and 265(2) of Act 29 which make it an offence for a man to marry again under the ordinance while he is already married are unconstitutional.
The laws of Ghana under CAP 127 recognises three types of marriages – customary, Islamic and ordinance.
Men under the first two types of marriage are permitted to marry more than one wife while marriage under ordinance restricts a man to a wife.
Mr Ampomah in his suit argued that marriage under the ordinance applied solely to Christian marriage, but that there was no evidence that monogamous marriage was part of Christianity.
The petitioner posited that monogamous marriage was a European culture which had been made to look like a religious or Christian culture.
Mr Ampomah argued that making it compulsory for Christians to marry only one was an imposition which discriminates against people in Ghana who identified as Christians.
“Plaintiff maintains that in the Christian manual of life known as the Bible, there is no prohibition against Christian men from marrying more than one wife anyway, making the prohibition in Sections 74(1) (b) of CAP 127, and Sections 262, 263 and 265 (2) an undue and improper imposition on the lives of Christians,” he argued.
The Attorney General in its defense to the suit argued that the petitioner had not made any case to be granted the reliefs that he sought.
According to the A-G, the three different types of marriages captured under CAP 127 were based on the various religious practices in the country.
“It is trite that customary and Mohammedan marriages are potentially polygamous, while the Bible which guides Christianity upholds monogamy. This principle is established throughout the Bible and is practiced by Christians the world over,” the A-G argued.
The A-G further argued that the plaintiff had not properly invoked the jurisdiction of the Supreme Court to interpret the Constitution.
According to the A-G, the fact that the plaintiff sought interpretation did not mean the law he complained about met the interpretation criteria set out by case law.
The A-G contended that Section 74 (1) (b) of CAP 127 was clear, concise and admitted no ambiguity, and that there was no need for interpretation or enforcement by the court.
Man withdraws suit demanding right to marry more than one wife from Supreme Court
The Supreme Court of Ghana is set to decide on a notice of discontinuance filed by a petitioner who had earlier asked the court to grant men the right to practice polygamy.
Samuel Ampomah had earlier filed a suit at the apex court asking to be granted the right to more than one wife under the marriage ordinance law.
However, the farmer, according to a report by Graphic.com.gh on October 22, 2022, filed a notice to discontinue the case.
Mr Ampomah went to the Supreme Court in September 2021 with the case that it was unconstitutional for the Marriage Act, 1884 (CAP 127) and the Criminal Offences Act 1960 (Act 29) to forbid a man from marrying more than one wife under the ordinance and also make it a crime.
It was the case of the petitioner that CAP 127 and Act 29 violated Articles 17 (2) and 21(1) of the 1992 Constitution, which respectively prohibits discrimination and guarantee the right to practice any religion without restriction.
The petitioner sought various reliefs, including a declaration that on a true and proper interpretation of Articles 17(2) and 21(1) (c) of the 1992 Constitution and the spirit of the Constitution, Section 74 (1) of CAP 127 which forbids a man from marrying more than one wife under the ordinance was unconstitutional, and, therefore, null and void.
He further sought the court to make a declaration that Sections 262, 263, 264 and 265(2) of Act 29 that makes it an offence for a man to marry again under the ordinance while he is already married as unconstitutional.
The laws of Ghana under CAP 127 recognise three types of marriages – customary, Islamic and ordinance.
Men under the first two types of marriage are permitted to marry more than one wife, while marriage under ordinance restricts a man to a wife.
Mr Ampomah, in his suit, argued that marriage under the ordinance applied solely to Christian marriage but that there was no evidence that monogamous marriage was part of Christianity.
The petitioner posited that monogamous marriage was European culture which had been made to look like a religious or Christian culture.
Mr Ampomah argued that making it compulsory for Christians to marry only one was an imposition which discriminated against people in Ghana who identified as Christians.
“Plaintiff maintains that in the Christian manual of life known as the Bible, there is no prohibition against Christian men from marrying more than one wife anyway, making the prohibition in Sections 74(1) (b) of CAP 127, and Sections 262, 263 and 265 (2) an undue and improper imposition on the lives of Christians,” he argued.
In its defence to the suit, the Attorney General argued that the petitioner had not made any case to be granted the reliefs he sought.
According to the A-G, the three different types of marriages captured under CAP 127 were based on the various religious practices in the country.
“It is trite that customary and Mohammedan marriages are potentially polygamous, while the Bible which guides Christianity upholds monogamy. This principle is established throughout the Bible and is practiced by Christians the world over,” the A-G argued.
The A-G further argued that the plaintiff had not properly invoked the jurisdiction of the Supreme Court to interpret the Constitution.
According to the A-G, the fact that the plaintiff sought interpretation did not mean the law he complained about met the interpretation criteria set out by case law.
The A-G contended that Section 74 (1) (b) of CAP 127 was clear, concise and admitted no ambiguity, and that there was no need for interpretation or enforcement by the court.
Government legislation requiring mining corporations to pay government-owed royalties on a monthly basis rather than a quarterly basis has been requested by civil society organizations and mining industry players.
Dr. Steve Manteaw stated during a stakeholder engagement hosted by the Ghana Extractive Industry Transparency Initiative (GHEITI) that although negotiations to alter the law to require mining companies to pay royalties on a monthly basis have been underway, they have not yet reached a conclusion.
“The regulation has to be amended to give effect to the directive for mining companies to pay their royalty on monthly basis,” he stated.
Research indicates that only two mining firms have taken up the task to pay royalty on monthly basis. These include Newmont Gold Ghana and Anglogold Ashanti. The amount of royalties paid by mining companies depends on the gross revenue realized from the sale of the mineral product by the mining Company.
The Minerals and Mining Amendment Act 794 puts the royalty rate application at 5% of the gross revenue of minerals.
Minerals and mining operations Tax (Mineral Royalty) is imposed on the income of firms engaged in mineral operations. Subject to any financial stability agreement, the mineral royalty rate is 5% of the total revenue earned from mining operations.
Mineral Rights Payments, other fees Licences, and Property rates are used by the Recipient Agencies that is Minerals Commission and District Assemblies respectively as Internally Generated Funds.
Mineral Royalty is first paid into the Minerals Income Investment Fund. 20 percent of the mineral royalty receipts are thereafter released to the Minerals Development Fund and the OASL.
Ground Rent is received by the OASL and distributed in accordance with Article 267(6) of the 1992 constitution. That’s 25 percent to stools; ii. 20 percent to Traditional Authorities within the area of authority of which the stool lands are situated; and iii. 55 percent to the District Assemblies.
The benefits of monthly payment of royalties by mining companies to the government are that they will help in quick distribution to all stakeholders in the industry especially mining communities to enable them to continue with their developmental programs. The government will also have access to adequate funds to develop infrastructure.
Prof. Yarhands Dissou Arthur, an associate professor at the Akenten Appiah-Menka University of Skills Training and Entrepreneurial Development (AAMUSTED), has argued for a review of the 1992 Constitution to impose an upper age limit on the eligibility to run for office in the nation.
According to the Associate Professor, there was a need for the nation to amend that provision to include an upper age limit of 65 years, as he argued that the country would do better “if the young and energetic with full appreciation of the changing dynamics of modern developments are at the helm of affairsâ€.
He wondered why the retiring age in the country has been pegged at 60 years, “but we find it acceptable for septuagenarians, octogenarians, nonagenarians, and even centenarians to occupy the presidency, the highest office in the land but deem those at 60 years as unfit for active public service”.
Those beyond 65 years, he said, were likely not to function to expectation, and might be vulnerable to abuse by the unscrupulous young ones around them who would usually take advantage of their better understanding of the trends of the day to satisfy their parochial interests.
He said, eventually, the entire nation would suffer if such oldies were caught in such a mesh and under-perform, suggesting that those beyond 65 years should be allowed to play a role only as advisors.
The call comes few weeks after constitutional issues were raised at a public lecture by the Majority Leader and Minister for Parliamentary Affairs, Osei Kyei-Mensah-Bonsu, at the Kwame Nkrumah University of Science and Technology (KNUST).
He commended the majority leader for the call for a review of some parts of the 1992 constitution “to make it relevant to our needs as a peopleâ€.
His view was that many provisions in the constitutions had outlived their usefulness and, therefore, required urgent amendment.
“Such amendments would require the genuine will of especially the government of the day to see it through to bring the nation to a progressive trajectory.
“Partisan interests and a desire to craft a constitution to favour only a few privileged ones should no longer take centre stage,†he said.
He hoped that citizens would intensify their advocacy for the government to initiate the constitutional review process to help the development of the country.
According to her, the directive by the President issued on July 28, 2022, will afford her the time to focus on her work as the Member of Parliament for the people of Dome Kwabenya.
In a letter to the Presidency dated August 5, Sarah Adwoa Safo wrote “Cognizant of my duties to the 75,000 constituents who elected me, this development is opportune and will afford me more time to concentrate on my Parliamentary responsibilities and Constituency engagements as well as consolidate the gains we have made as a government at the Constituency level in our quest to break the eight.”
President Akufo-Addo in accordance with Article 81 of the 1992Constitution relieved Sarah Adwoa Safo of her duties as Gender Minister.
Her dismissal came at time when Ghanaians called on the government to replace Adwoa Safo over her absence from post for over a year due to personal reasons.
According to the former Gender Minister, it was an honour to serve at “this all-important Ministry albeit for a short time.”
She also thanked the President for his “understanding, compassion and unending devotion” throughout the period she faced difficulties.
“Your kind support has been very much welcome and for that I remain eternally grateful,” she added.
Sarah Adwoa Safo mentioned that during her tenure of office, the Ministry put in place enough mechanisms to ensure a harmonious society where the survival and development of Women, Children, Persons with Disabilities as well as other vulnerable persons in society to transform the Social Protection Framework into a robust and more responsive one.”
Meanwhile, Sarah Adwoa Safo has revealed that all officials assets provided her have been handed over to the Administrator of the Ministry.
