Private legal practitioner, Martin Luther Kpebu, has added to the numerous calls for the amendment of the 1992 Constitution saying it has outlived its usefulness.
According to the lawyer, the constitution was drafted as if “Ghanaians were angels”, thereby creating the avenue for people abuse at the expense of the citizenry.
“Our constitution is not good. It was written as if Ghanaians were angels, without thinking some bad things could be done in the name of the constitution,” he told Captain Smart on Onua FM’s current affairs show, ‘Asɛm Bɛn Ni?’, premiered Monday, November 04, 2024.
In his analysis, he pointed out the appointment of judges to the courts for instance which he says is done by the President, making the Judiciary a subservient of the Executive.
The renowned lawyer remarked that every president, when choosing whom to occupy the bench, selects people who believe in their ideologies and can be on their side in case there is an issue.
“Selection of Supreme Court judges for instance has been left in the care of the President. The Council of State listens to what the President says. Being a President is a ‘buy-one get one free’ because once he campaigns and wins, he gets power over the judiciary because he chooses the judges. And he selects those who will go in tandem with him on an issue when there is a case.
“So the constitution needs to be changed. It needs a complete overhaul. Even Justice Dotse who recently retired said we need to change it and reduce the power of the President because if you don’t get a good person as president, that would be dictatorship,” he said in Twi.
The call for changes to Ghana’s 1992 Constitution stems from concerns over its limitations in ensuring good governance, accountability, and representation which many criticised for some years now.
These critics argue that the Constitution’s provisions have become obsolete, hindering effective checks and balances on the Executive by exerting too much power to that arm of government.
Many believe amending the constitution will address issues like corruption, judicial independence, and the rights of marginalized groups and ultimately promote a more democratic and inclusive Ghanaian society.
