In a discussion on the state of Ghana’s constitution, Former Chief Justice Sophia Abena Boafoa Akuffo recalled for a review of Ghana’s constitution. She offered a profound justifications in to the necessity of revisiting the constitutional framework to ensure it continues to serve the evolving needs of the nation.
Chief Justice Sophia Akuffo began by challenging the notion that Ghana’s constitution is perfect as it stands. She reaffirmed;
“I’ve never agreed with the former president that the constitution is so perfect that it doesn’t need to be reviewed. In fact, the constitution being a living document has to be nursed, nurtured, tweaked, and massaged from time to time.”
Sophia Abena Boafoa Former Chief Justice
This assertion sets the stage for a broader discussion on the need for constitutional revision, not as a sign of failure but as a necessary step in the evolution of governance.
Justice Akuffo emphasized that periodic reviews are essential for any constitution to continue serving its people effectively. She drew an analogy between constitutional review and the regular servicing of a car to ensure optimal performance.
“From time to time, we take a look to see whether it continues in every respect to suit the current day purposes. There is nothing wrong with reviewing or revising a constitution to make sure that every provision serves the purposes of the people.”
Sophia Abena Boafoa Former Chief Justice
Her view is that after 33 years of working with the current constitution, it is prudent to assess its effectiveness and identify areas that need improvement.
Additionally, Chief Justice Akuffo acknowledged the resilience of Ghana’s constitution, especially in the context of West Africa, where unconstitutional changes have been prevalent. However, she pointed out that longevity alone is not a justification to avoid necessary revisions.
Meanwhile, many proponents retaining the status quo would say it’s lived longer than any other constitutional arrangement. So why not keep it? she remarked;
“We need to acknowledge that there are certain parts that are not working the way we had anticipated it ought to work, and there are ways it can be better.”
Sophia Abena Boafoa Former Chief Justice
Her call for revision is not an indictment of the entire constitutional framework but a recognition that improvement is always possible and necessary.
One of the most pressing areas for constitutional revision, according to Justice Akuffo, is the extensive appointment powers granted to the President. She argued;
“The provisions on the powers, the appointment powers of the president, everybody has come to the realization over these 30-plus years that it’s excessive, It almost creates an imperial presidency or, as some have described it, hegemony. We cannot continue like that.”
Sophia Abena Boafoa Former Chief Justice
Justice Akuffo believes that even if presidents should feel uncomfortable with the excessive appointment powers at their disposal, this concentration of power undermines the balance of governance.
“When I advocate for constitutional revision, it is not about throwing this present constitution aside and coming up with a brand new document, we’re saying there are aspects that could do better and could be improved.”
Sophia Abena Boafoa Former Chief Justice
This balanced approach ensures that revisions are targeted and purposeful, addressing areas like presidential powers while maintaining the constitution’s integrity.
Embracing Change for a Stronger Future
Chief Justice Sophia Akuffo’s call for constitutional review is a reminder that governance must evolve to meet new challenges.
By revisiting and revising the constitution, Ghana can strengthen its democratic institutions and ensure that the governance framework remains robust and responsive to the needs of its people. She recounted;
“Certainly, if you read the report of the constitutional fathers, this is not the outcome they had expected whereby everything and every appointment that matters in the nation is at the discretion and whim of the president.”
Sophia Abena Boafoa Former Chief Justice
Her advocacy for a more balanced and equitable distribution of power within the governance structure highlights the need for ongoing constitutional refinement to achieve a more just and effective government.
