Efua Ghartey: Constituent Assembly Needed for 1992 Constitution Review

• Ghana Bar Association President Efua Ghartey has called for a Constituent Assembly to deliberate on proposed amendments to the 1992 Constitution, citing the extensive nature of the changes.
• Speaking on September 13, 2026, in Ada, Ghartey argued that the current amendment process lacks sufficient public consultation compared to previous constitutional reforms.
• She proposed that a Constituent Assembly would provide a platform for broader national discussion, with its output ultimately presented to the Ghanaian people for approval via a referendum.
• Legal experts support this initiative, stating that a Constituent Assembly would not contradict Chapter Twenty-Five of the 1992 Constitution and would enhance the amendment process.
• The GBA's call aims to ensure rigorous debate and align constitutional reform with the spirit of the 1992 Constitution, particularly its preamble and Article 1(1).

She argued that a Constituent Assembly would offer a crucial platform for broader national discussion on these significant constitutional changes, mirroring approaches taken during the formulation of Ghana's earlier constitutions.

The President of the Ghana Bar Association (GBA), Mrs. Efua Ghartey, has strongly advocated for the establishment of a Constituent Assembly to meticulously review proposed amendments to the nation's 1992 Constitution. Speaking at the opening ceremony of the GBA’s Annual General Conference in Ada on September 13, 2026, Mrs. Ghartey underscored the profound implications of the suggested changes, noting that their sheer number and extensive scope could effectively result in the drafting of an entirely new constitutional document.

Mrs. Ghartey stressed the necessity of a more inclusive and consultative approach to such significant national reforms. She argued that a Constituent Assembly would offer a crucial platform for broader national discussion on these significant constitutional changes, mirroring approaches taken during the formulation of Ghana's earlier constitutions. This call for a Constituent Assembly by Efua Ghartey and the Ghana Bar Association highlights a desire for enhanced public participation in shaping the country's foundational legal framework.

The GBA President contrasted the proposed Constituent Assembly model with the current process for amending the 1992 Constitution, which she described as comparatively less consultative. She detailed the existing procedure, which typically progresses from a government-appointed Committee of Experts, through a Government White Paper, and culminates in a government-established Implementation Committee tasked with executing its proposals. According to Mrs. Ghartey, this sequence does not provide the extensive public engagement that the Ghana Bar Association believes is essential for constitutional reform.

Several legal professionals have echoed this sentiment, asserting that the creation of a Constituent Assembly would not conflict with Chapter Twenty-Five of the 1992 Constitution. Instead, they contend that such an assembly could significantly enhance the Ghana 1992 Constitution amendment process. These lawyers propose that all constitutional proposals, whether originating from the government or an expert committee, should first undergo rigorous debate within a Constituent Assembly before advancing through the formal amendment stages. They argue that this approach aligns with the fundamental principles expressed in the preamble and Article 1(1) of the 1992 Constitution, embodying its spirit of democratic participation.

The establishment of a Constituent Assembly, as proposed by Efua Ghartey, aims to foster greater public trust and legitimacy in any future constitutional changes. By providing a forum for comprehensive national dialogue, the process would move beyond expert recommendations to incorporate a wider range of perspectives from the Ghanaian populace. This emphasis on broad consultation is seen as vital, especially given the potential for the proposed amendments to fundamentally alter significant parts of the 1992 Constitution.

Furthermore, Mrs. Ghartey stipulated that the final product developed by any Constituent Assembly should ultimately be presented to the Ghanaian people for approval through a national referendum. This step, she noted, would be in full accordance with the existing provisions of the 1992 Constitution, ensuring that the ultimate authority rests with the citizenry. Her address, which included this significant GBA constitutional reform call, was reportedly met with a standing ovation from the thousands of lawyers and guests in attendance, including Mrs. Oyinkansola Badejo-Okusanya (SAN), the first elected female President of the Nigerian Bar Association, who was the Special Guest of Honour.

Lawyers should monitor the Ghana Bar Association's call for a Constituent Assembly, as its establishment would fundamentally alter the process for amending the 1992 Constitution, impacting public participation and the legitimacy of future constitutional reforms.

Source: Reporting based on an article by Ernest K. Arhinful.