Professor Kofi Abotsi, the Dean of the School of Law at the University of Professional Studies, Accra (UPSA), has highlighted the corrosive impact of partisan politics on Ghana’s constitutionalism as the primary challenge facing the nation.

He emphasized that the framers of the 1992 Constitution seemingly underestimated the capacity of partisan politics to manipulate, misuse, and distort the Constitution for narrow political gains.

He has also argued that the framers assumed political parties will serve the interest of Ghanaians.

“I think if you look at, for example, the provision on political parties starting from Article 55 onwards, you get a sense that there was a certain general assumption that political parties and political parties forming governments will naturally act in the best interest of Ghanaians.”
Professor Kofi Abotsi

Prof. Abotsi said the framers had seemingly ignored the history of political parties in Ghana, and underestimated how their nature could adversely impact governance and governance structures in the country.

“I think what the framers of the constitution perhaps underestimated is the nature of our political party history. There is a certain serious historical problem of our political parties in Ghana which started from UGCC. And you’d be surprised that those historical dynamics are with us today,” he said.

“They continue to reflect in the relationships of the parties as what we have is the tendency for these parties to dig in and create sectionalism in which members of certain political parties when they’re in power it is their time and when they’re out of power whoever comes, it is their time. And there’s the tendency of us against them and there’s the tendency of a cycle, in which there’s a benefit – this cycle is over, the new cycle begins, and these new cycle, members of that party enjoy.”
Professor Kofi Abotsi

His conclusion indicated that despite the ongoing calls for constitutional reforms, these revisions are likely to encounter similar issues as the current constitution.

He noted that no constitution is flawless, as human ingenuity can find ways to bypass its provisions.

“So if you ask me, the problem fundamentally is not the constitution, the constitution reform can only do so much. Look, no matter how much you engineer constitutions, lawyers spend their time dissecting and understanding the weakness of the new design and you would invariably find the weaknesses of the new design.”
Professor Kofi Abotsi

Winner Takes All And Calls For Constitutional Amendments

While Ghana’s democracy is upheld as Africa’s beacon of hope, it is bereft of one canker that undergirds its numerous that shadows threats of democratic regression; “Winner Takes All.”

The “Winner Takes All” political system in Ghana has long been a subject of contention and debate, with many advocating for significant constitutional reforms to address its shortcomings. This system, which often leads to winner-takes-all outcomes in elections, has been criticized for promoting winner-takes-all governance, which can foster an exclusionary political environment.

The major political parties have both exploited this to the disinterest of Ghanaians.

In this context, calls for constitutional amendments have gained momentum, with proponents arguing that the current structure undermines the country’s democratic ideals and hinders inclusivity. Ghana’s winner-takes-all political culture has been attributed to the concentration of power in the hands of the ruling party, often leading to the marginalization of opposition parties and limiting their meaningful participation in governance.

Advocates for constitutional reform emphasize the need for a more proportional representation system, which would ensure fairer political representation for all parties. They argue that such a system would encourage collaboration and consensus-building among political actors, fostering a more inclusive and balanced political landscape.

Furthermore, proponents of constitutional amendments propose the adoption of measures to promote coalition-building and power-sharing arrangements, as seen in some other democratic countries. This would serve to reduce the winner-takes-all dynamics, allowing for more inclusive decision-making and governance that reflects the diverse voices and interests of the populace.

Efforts to advocate for constitutional changes in Ghana have gained traction, with civil society organizations, political analysts, and stakeholders actively engaging in dialogues and public forums to raise awareness about the need for a more inclusive political system.

The aim is to create a political environment that encourages collaboration, diversity, and effective representation, thereby fostering a stronger and more resilient democratic culture in the country.