Fighter General of the Economic Fighters League, Hardi Yakubu, has revealed that Ghana’s 1992 constitution is no longer fit for purpose.
Mr Yakubu indicated that despite a review commission set up in the past to review the constitution, it yielded no substantial result. This, he noted, emphasizes the need for the country to reconsider having an absolute overhaul of the constitution.
“One thing that we can agree on is that this 1992 constitution is no long fit for purpose and needs absolutely to change. As to whether we should go back to the 2010 constitution review commission report is a discussion that we can have…”
Hardi Yakubu
The Leader of the Economic Fighter League indicated that he has reservations about the recommendation from the 2010 review commission report on the constitution and as such cannot be used. He stated that per conversations by some personalities who worked on the report, they revealed that there were a lot of “whittled down recommendations” just to please the executive.
“The government of the day issued a white paper on that report and in that white paper they basically had three categories… They had those that they accepted, those recommendations they rejected and there were numerous recommendations that we don’t know where those ones are. It is a matter for us to agree whether another government white paper is going to be admissible in this circumstance.”
Hardi Yakubu
Mr Yakubu disclosed that in order to have a working system and a constitution that really works for Ghanaians, there is the need for a more inclusive process and not simply a “presidential commission whose recommendations are liable to being accepted or rejected by the executive”.
“It makes absolutely no sense to spend so much money on a commission whose recommendations the President can just say I accept this, I reject the rest and others he doesn’t even touch… I think it’s a good starting point that everybody now believes the 1992 constitution is absolutely broken beyond repair and it needs to be replaced.”
Hardi Yakubu
A new constitution is affordable
Commenting on whether a new constitution is necessary, Mr Yakubu revealed that considering the “mechanics of new constitutions versus reviewed or amended constitutions”, government investing in a new constitution is “much more affordable” and easier than reviewing the constitution. Citing the review commission report, he highlighted that there were several provisions that were recommended for change. However, most of them had “entrenched positions” which cannot be changed just by a parliamentary Act as they required a referendum.
“There were more than 30 of them [and] if you have to change each one of them, you have to go for [a] referendum to change each one of them. Therefore, it’s first of all too expensive, secondly its time wasting, it’s thirdly too cumbersome to do this kind of thing. So, the best approach is to look at it from the perspective of a new dawn, to birth a new Ghana that serves the citizens without dividing Ghana.”
Hardi Yakubu
Mr Yakubu expressed that the new constitution will avert a situation where the country is made up of few people who are “enjoying all the largesse and enjoying all the economic benefits of so-called democracy whiles the rest are wallowing in poverty”. Describing the situation as a “recipe for chaos”, he noted that the current constitution is not sustainable and it will be prudent for government to set up a new system to maintain the peace and stability of the country.
