President is worse possible candidate to amend Constitution – Prof. Prempeh

Renowned constitutional law expert, Prof. H. Kwesi Prempeh says the current arrangements by which Ghana’s Constitution is amended are fundamentally flawed.

The arrangement, he said, does not take into consideration Ghana’s constitutional history which is crucial in guiding any constitutional amendment process.

Speaking on Joy FM’s Super Morning Show, Prof. Prempeh said the constitutional development of Ghana from the 1960s showed a clear attempt to insulate the country’s supreme law from manipulation and tampering by the president.

Under the country’s executive presidential system, executive authority vests in the president who has enormous powers guaranteed under the constitution.

“The constitutional arrangement,” Prof. Kwesi Prempeh said, “provides the rules of the game by which the political class governs.”

He said it is, therefore, retrogressive to have a single individual in the person of the president, empowered to determine when, how and which provisions of the constitution should be amended.

The late President John Atta Mills, acting in accordance with the constitution, and consistent with his electoral promise, set up a Constitutional Review Commission chaired by Justice 

But the constitutional law believes the system is flawed.

Even more fundamentally, he said every president ascends to the presidency by contesting elections on the ticket of a political party.

This, he said makes the president so political that any initiative to amend the constitution naturally makes amendment process partisan – a situation he said does portend well for an important national process such as amending the constitution.

More soon.

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