Lawyers make a case for 1992 constitution upgrade

• Panel of lawyers agree on the need for Ghana’s constitution

• The lawyers say Ghana’s constitution was meant to ensure political stability

• They believe changes in the constitution must be geared towards achieving economic development


A panel of legal experts have made a case for an upgrade of Ghana’s current constitution to reflect current

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The group of legal practitioners have argued that Ghana needs to cause an upgrade to its 1992 Constitution as a means to adequately cater for the nations existing economic developmental needs.

The lawyers, Ms. Beatrice Annan and Mr. Lamtiig Apanga, both legal practitioners with private law firms — Morrison, Twumasi and Partners, and Prestige Partners respectively, were panellists at the Maiden Eagles Forum Governance Dialogue series held at the Ghana Institute of Management and Public Administration (GIMPA) on Wednesday, November 10, 2021.

Also part of the panellists and main speaker for the event was Mr. Justice Srem-Sai, a constitutional lawyer and lecturer at the Ghana Institute of Management and Public Administration (GIMPA) Law School.

Addressing the theme: “1992 Republican Constitution, time for an upgrade?” the panellists in various submissions made pointed out fundamental reasons why some changes ought to be made to the constitution.

Among other things, it was pointed out that Ghana’s 1992 constitution owing to events prior to its birth was aimed at ensuring political stability in the country.

With the aim largely achieved over the near 3 decades of Ghana’s Fourth Republican dispensation, called for an upgrade to the constitution which will be more geared towards economic development which the nation has lacked to some extent.

Ms. Beatrice Annan in part called for retrospective assessment of the objectives of the constitution to know whether it has helped citizens attain a richer and fulfilled life.

She further called for more citizens participation saying we “need to have an upgrade of the constitution to ensure that the citizenry participate in governance to a level where the powers of the executive is not protected to the neglect of the citizenry."

Lawyer Apanga who made a case on local governance and decentralization said Metropolitan, Municipal and District Chief Executives (MMDCEs) in the current setting of the constitution are not accountable to the people they serve.

According to him, the current practice of decentralization has failed to respond to the needs of the Ghanaian people hence the need for it to be cured in an upgrade of the constitution.

Lawyer Justice Srem Sai in his list of proposals for getting the constitution upgraded said room should be made for citizens to directly have a say in the aspects of the constitution that needs to be upgraded.

He said it should be made possible for citizens to directly sign up for calls for such changes through various means such as the collection of signatures.

Among other things, Justice Sai also noted that certain factors including timing remain essential to causing a change in the constitution.

The maiden Eagles Forum on governance was to help provide a non-partisan platform for stimulating public discussion on topical subjects and provide a foundation to develop policy proposals for broader civil society advocacy with government and political parties.

In attendance at the event were several astute members of the legal fraternity, law students, CSO representatives.