Constitution must grow with times — Gyandoh

Professor Emeritus Samuel Otu Gyandoh, a professor of Law at the Temple University School of Law in Philadelphia, USA, has described the Constitution as a living organism which must grow with the times.
“We can adapt the Constitution to changing times by timely amendments, like Act 527 of 1996, and by judiciary interpretation,” he said.
Delivering a lecture to mark the 50th Anniversary celebration of the Ghana Academy of Arts and Sciences (GAAS) in Accra on Tuesday, Prof Gyandoh said what “we do not need as a country is another Constitutional Commission, Constitutional Assembly or Committee of Experts to draw up new Constitution for a future Fifth Republic of Ghana".
He said it was not proper for any group of people to claim to have reached the pinnacle of political wisdom to dictate to generations yet unborn.
Speaking on the theme, "Constitutional Review in Ghana", he said there was always room for improvement of the human condition, and was optimistic that a review of relevant portions of the 1992 Constitution would deepen the country's democratisation process.
He also touched on some discrepancies bordering on dual citizenship — article 8 and 9 (5) and indemnity — Act 527, 1996, which he said, had raised unresolved problems of legitimacy for the nation.
On dual citizenship, Prof Gyandoh said citizenship laws should be inclusive and not exclusive, as in a situation where a person with dual citizenship could be a Minister and Member of Parliament but not Secretary to the Cabinet, or Ambassador or Chief of Defence Staff, Inspector-General of Police, Commissioner of Customs, Excise and Preventive Service or the Director of the Immigration Service.
On indemnity, he said the 1992 Constitution should take into account the fact that the era of the Provisional National Defence Council (PNDC) rule was a military rule in order to preserve the spirit and enduring values enshrined in the Constitution.
Professor Mike Oquaye, the Second Deputy Speaker of Parliament, who dilevered the second lecture was also of the view that a review of the 1992 Constitution would deepen and strengthen the country’s democracy.
In his support for a review, he said constitutions were subject to the law of mutations but they should be stable enough to contain the competing forces of instability within the body politic.
He therefore urged Parliament to tighten the screws of the 1992 Constitutional engineering, but however, agreed with maintaining the indemnity clause so that the country could move forward.
He said any change in the Constitution should have specific goals to secure good governance, promote the rule of law and separation of powers.
Prof Oquaye said a review should as well check arbitrariness, secure accountability, ensure human rights and provide a credible electoral system that guaranteed smooth and effective transition of political power.
Additionally, he recommended that a review process should secure effective decentralisation, promote the rights of women, children and the vulnerable groups in the country.
"As we seek to review our Constitution, let us leave no stone unturned. Let us not take anything for granted," he stated and urged Parliament to be as detailed as possible and as imaginative as human vision would allow.
The President of GAAS, Prof Reginald Amonoo, was also optimistic that a review process would enhance the country's democratisation process.
He refereed to a paper that was presented by Prof Joseph R.A. Ayee, Dean, Faculty of Social Studies, University of Ghana, Legon on the topic "Signposts to Healthy Politics in Ghana," which identified what could be done to promote positive politics instead of negative and adversarial politics in Ghana.
According to Prof Amonoo, GAAS and the Friedrich Ebert Stiffing (FES) Foundation had been partnering to promote and strengthen democracy and social justice in Ghana since 1993.
The Resident Director of FES , Ms Kathrin Meissner, described Ghana's transformation to democracy in 1992 as a major turning point.
She commended Ghana for a peaceful election in 2008 and noted that though there were serious challenges that needed to be addressed in the future, the 2008 election was certainly proof of the overall political stability that Ghana had achieved.
Ms Meissner however noted that the relevance of Ghana's Constitution laid in the commitment of the good people of Ghana to it, and pointed out that a review process would create an opportunity and reaffirm the consensus for the country's political system.