The 1992 Minority Constitution Must Go; The Why And The How! – ARM President Writes

Preamble to the 1992 Constitution

IN THE NAME OF THE ALMIGHTY GOD

We the People of Ghana,

IN EXERCISE of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity.

Do hereby adopt, enact and GIVE to OURSELVES this constitution.

The above 2 paragraphs represent how the preamble of the constitution begins and ends.

The constitution is our property. It has failed to deliver its core aspirations of blessings of liberty, equality of opportunity and prosperity. We have the right to do as we please with our failed property.

In the 1992 referendum on the constitution, only 44.6% of eligible voters turned out to vote, so it is a minority constitution. Its moral and common sense legitimacy can be challenged, especially if the interest in the constitution after 11 years of a difficult military-led regime was that low. The fears of the majority who did not vote have materialized.

What I will change in the constitution. The WHY.

1. The structure of the state. I am dead against the unitary state. There is not a single state in the civilized world with  Ghana’s state structure. Putin’s Russia is federal, even one-party communist China is federally structured. There are Ghanaians in Canada, US, Germany, Switzerland, Australia, UAE and even the UK who disingenuously play the ostrich. I am not even talking about federal Asante, Ga and other traditional authorities. The key functions of government are: security, revenue collection and provision of services. The overwhelming evidence across the world is that the federal system is the best template to perform these functions.

2. Citizenship. States are made up of citizens. Wrong citizenship, wrong state.

3. The executive. Elections, structure, composition and functions will change

4. Legislature. Elections, structure, composition and functions will change.

5. Judiciary – appointment, structure, composition and functions of the judiciary starting from the SC will change.

6. Council of state – selection, structure, composition and functions will change

6. Electoral commission – appointment, structure, composition, structure and functions will change

7. Local government – will obviously change with the change in the structure of the state.

8. Chieftaincy will be reformed and strengthened.

9. The civil service will be reformed and made independent of the executive

10. Defence, Police & Intelligence will be reformed and made independent of the executive.

I have done all these changes and even more in my book, “The 5th Republic.” When the new comes, the old goes away. These changes are so fundamental that the whole 1992 minority constitution must go.

How will the minority constitution be changed?
I will reduce elections 2024 to a single issue battle: the New vs the Old. I represent the new and the siamese twins represent the old. It is my business to convince Ghanaians that their endemic poverty is because of bad leadership and a bad constitution. They need to replace bad leadership with a good one, and then the good leadership will bring a good constitution.

A resounding victory at the polls is a mandate for Parliament to draft a new constitution based on the changes listed above which I will use in the campaign. The new constitution will go back to Ghanaians in a referendum.

I expect a majority constitution.

Hurray! Sikaman is born again.

Tswa omanye aba.

Nii Amu Darko

President, African Reform Movement