Dr. Asante: Urges Ghana CRIC Constitutional Amendment Consensus

• Dr. Kojo Pumpuni Asante urged Ghana's Constitution Review Implementation Committee (CRIC) to build consensus before drafting constitutional amendment bills.
• He stressed that establishing a mechanism to resolve disagreements is vital for the reform process to achieve broad public legitimacy.
• Dr. Asante highlighted a lack of clarity regarding the CRIC's mandate, noting conflicting directives from its appointment letter and the Attorney-General.
• The CRIC is tasked with developing two amendment bills, one for entrenched and one for non-entrenched provisions of the 1992 Constitution.
• Stakeholders have petitioned President John Mahama for further direction if the CRIC feels its mandate restricts broader engagement.

Meaningful stakeholder engagement and robust consensus-building are absolutely crucial to ensure that the constitutional reform process is broadly accepted by Ghanaians.

Dr. Kojo Pumpuni Asante, who serves as the Director of Policy Engagement and Partnerships at the Ghana Center for Democratic Development (CDD-Ghana), has strongly urged the Constitution Review Implementation Committee (CRIC) to prioritize achieving broad consensus among all relevant stakeholders before proceeding with the drafting of any bills intended to amend Ghana's Constitution. This call for a unified approach is rooted in the belief that such a process is essential for the constitutional reform to gain widespread public legitimacy.

Speaking on JoyNews’ The Law on Sunday, November 1, Dr. Asante emphasized that the CRIC must establish a clear mechanism designed to resolve any disagreements and thoroughly consider counter-proposals that arise during the review process. He highlighted that this need for consensus is particularly critical given existing divergences over proposals contained within the government’s official position paper and earlier recommendations put forth by the Constitutional Review Committee. Without such a mechanism, the reform process risks lacking the necessary public trust and acceptance.

A significant point of concern raised by Dr. Asante pertains to what he described as a lack of clarity surrounding the precise mandate of the Constitution Review Implementation Committee. While the CRIC's appointment letter outlines its role as translating the government’s position paper into concrete constitutional reforms, it also specifically directs the committee to develop two distinct Ghana constitutional amendment bills: one addressing non-entrenched provisions and another for entrenched provisions of the 1992 Constitution.

However, this directive appears to conflict with a separate communication from the Attorney-General, which suggested that the CRIC was also expected to consider the government’s position paper in conjunction with the report from the Constitutional Review Committee, which was chaired by Professor H Kwasi Prempeh. This discrepancy, according to Dr. Asante, has created considerable uncertainty regarding the exact scope of the committee’s responsibilities and what it is ultimately required to do.

Despite the existing questions surrounding the Constitution Review Implementation Committee mandate, Dr. Asante stressed that this ambiguity should not deter the committee from actively engaging stakeholders and working to resolve outstanding disagreements before any Ghana constitutional amendment bills are drafted. He underscored that meaningful stakeholder engagement and robust consensus-building are absolutely crucial to ensure that the constitutional reform process is broadly accepted by Ghanaians.

In a move to address these concerns, stakeholders have formally petitioned President John Mahama. Their request seeks direction from the Presidency, particularly if the CRIC perceives its appointment letter as too restrictive to allow for the necessary broader engagement. This proactive step highlights the widespread recognition that the legitimacy of the entire constitutional reform effort hinges on transparent processes and the active involvement of all concerned parties.

Lawyers and compliance officers in Ghana should monitor the CRIC's process for drafting constitutional amendment bills, particularly regarding stakeholder consensus and the clarity of its mandate. A lack of broad public legitimacy in the reform process could lead to future legal challenges or instability, impacting the enforceability and acceptance of new constitutional provisions. Advising clients on the implications of these potential changes requires an understanding of the procedural legitimacy of the reform.

Source: Original reporting via Prince Adu-Owusu