The journey of the Constitution (Amendment) Bill, initially proposed in March 2016, has been a protracted and arduous one, spanning almost three Parliaments, including the 6th, 7th, and now the 8th.
Despite its critical importance, the bill has yet to see the light of day in Ghana’s legislative landscape.
As Parliament resumes this month, calls for the passage of the Constitution (Amendment) Bill among some well-meaning Ghanaians have heightened, underscoring the significance of the legislation.
The Constitution (Amendment) Bill seeks to amend Article 112(4) of the 1992 Constitution of Ghana. This amendment proposes a shift in the timing of parliamentary elections to the first Monday of November in every election year.
The primary objective of the bill is to ensure that elections are held well ahead of the expiration of Parliament’s tenure, thereby facilitating a smoother and more effective transition of power.
Currently, both presidential and parliamentary elections are held on the 7th of December, with the swearing-in of the President taking place on the 7th of January the following year.
This one-month transition period, in the view of many Ghanaians has proven to be insufficient, particularly in cases where a run-off election is required, as witnessed in the elections of 2000 and 2008.
The proposed amendment is designed to address these challenges by providing a more ample timeframe for transitions, thereby reducing the risk of administrative and logistical bottlenecks that can arise during the handover of government.
Professor Stephen Kweku Asare, Democracy and Development Fellow at the Ghana Centre for Democratic Development (CDD-Ghana), in bemoaning the inexplicable delay in the passage of the Constitution (Amendment) Bill by Parliament highlighted its importance.
In a recent statement, the renowned good governance and constitutional advocate emphasized the urgent need for Parliament to take urgent steps to pass the bill into law before the expiration of its tenure.
“The Constitution (Amendment) Bill was proposed in June 2021. It was duly published and republished in the gazette, read in Parliament, and referred to the Council of State. After thorough review and meetings, the Council of State unanimously endorsed it in July 2022.
“After almost a year, the unanimously endorsed Bill was referred to the Legal and Constitutional Committee. The Committee is done with its report. What is stalling the second and third reading of the Bill, Augustina Osei? Let us vote on the Constitution Amendment Bill when the House resumes this June”.
Professor Stephen Kweku Asare, Democracy and Development Fellow at the Ghana Centre for Democratic Development (CDD-Ghana)
Passage of Constitution (Amendment) Bill, 8th Parliament Landmark Achievement
Professor Stephen Kweku Asare passionately underscored the urgency of passing the bill into law, adding that the passage of the Constitution (Amendment) Bill could be a landmark achievement for the 8th Parliament.
The importance of passing this Constitution (Amendment) Bill cannot be overstated as a smooth transition of power is fundamental to the stability and functionality of any democracy.
The current timeline, as intimated by many well-meaning Ghanaian including Professor Stephen Kweku Asare creates a bottleneck, potentially compromising the effectiveness of incoming administrations and the continuity of governance.
By moving the Parliamentary elections to November, the Constitution (Amendment) Bill will provide a crucial buffer, allowing for a more orderly transition and ensuring that both incoming and outgoing administrations have adequate time to fulfill their duties responsibly.
As Parliament prepares to resume, it is important to emphasize the importance for the Speaker of Parliament and the leadership of both the Majority and Minority Causes to take urgent measures to ensure the passage of the long-overdue bill.
The unanimous endorsement by the Council of State and the completion of the committee’s report underscore the broad support for the bill.
As the Democracy and Development Fellow at the Ghana Centre for Democratic Development earlier intimated, the passage of the bill will not only fulfil a long-standing legislative objective but will also reinforce the commitment of Ghana’s Parliament to the principles of democracy and good governance.
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