Constitutional reform paralysis

Following in the futile steps of the late former John Evans Atta Mills and Nana Akufo-Addo administrations, the John Mahama in his second administration has also embarked on Constitutional reforms.

Our Governments appear convinced that Constitutional reforms will cure most of our ills, which mostly, originate from them.

The truth is that no constitution can prevent a bad government from governing badly or a good government from governing well.

And the length of a constitution has nothing to do with its quality. The US constitution that is the oldest existing constitution is only a third of the length of our constitution.

While constitutions cannot fix what ails us, ours can be improved. Indeed, the President’s newest Electoral Commission (EC) appointments illustrate the glaring defects of our constitution starkly.

It requires the President to seek Parliamentary approval for the Ministers of his government while giving him/her the right to name EC officials only with the non-binding advice of the Council of state!.

Regrettably, the President’s appointment of a former NDC spokesperson, Emelia Agbenyo has raised eyebrows. While those raising these eyebrows are mostly hypocrites, their concerns are valid.

Ms. Agbenyo was not a good appointment. The excuse that one’s neighbour is a wife-beater is not a good defense to the charge that one beats his wife.

“They did it too” is becoming a sad excuse for bad governance.

These increasingly partisan appointments to bodies that should be neutral, by both New Patriotic Party (NPP) and National Democratic Congress (NDC) governments are undermining confidence in our democratic institutions and hence, in our democracy.

While its call for a consultative assembly etc is unreasonable, the NPP has raised some very valid, substantive concerns, as have Prof. Kwasi Prempeh and some NGOs.

The NPP is right that changing 147 of 299 clauses and adding 59 new ones is a major undertaking that requires broad, national consensus.

It seems that the constitutional review process is confused.

The Constitutional Review Committee (CRC) should have had the government’s perspectives at the beginning of its work and Parliament should have been engaged far before now.

At the core, only a few things really need to be changed.

First, we need to separate the Executive from Parliament so that no MP can serve concurrently as a Minister.

Second, we need to directly elect our MMDCEs without the President or anyone determining their suitability except our constitution and laws.

If the people of Asebu or Bantama can vote for a President, they can be trusted to vote for DCE, without the President or an MP screening the list.

Third, we should take our parties from secret cabals and hand them back to the masses.

As things stand, while some of our politicians are honest, we are building a kleptocratic plutocracy, a government of rich thieves.

The Supreme court ruling on the “Delegates case” was a signal moment that should guide reforms of our parties.

Fourth, we need to address accountability. Sadly, that will not come with changes in our constitution, it will come with changes in us, along with Ephraim Amu’s “Yen Ara Asase Ni”.

We need better men/women more than a better constitution. We need men and women, in our state agencies and even as citizens who will stand up to Presidents and Ministers , call out bull and resign when neccesary on principle.

That is what President Mahama almost did under President Mills and Justice Abban did under Archeampong.

Fifth, we must remove all the obstacles to Diaspora participation to all aspects of our national life.

They are, without doubt, indispensable to the building of the Ghana we all yearn for.

Sixth, we need to get value for the Council of State or abolish it. We must empower it to act and be accountable or do away with it.

Seventh, we should make the National Development Planning Commission effective or eliminate it.

Right now, it is only a talking shop that all parties ignore. Finally, change is not always for the better. Adding one more year to the length of a Presidential term is a terrible idea.

I am yet to meet a Ghanaian who thinks an extra year for Rawlings in 2000, Mahama in 2016 or Nana Akufo-Addo in 2024 would have been of benefit to Ghana.

If you meet any, pray for them and send them my way. If American Presidents can make meaningful change during four-year terms, Ghanaian Presidents can too. And there a lot of Mexican Presidents who squandered their 6-year terms.

We need better government, not bigger government. May God bless Ghana.