Armed Forces Act 146 to be amended - Prof Dankwa

Professor Emmanuel Victor Dankwa, Chairman of the Constitution Review Implementation Committee (CRIC), has indicated that the Armed Forces Act (Act 146) that permits the military to detain a person for 90 days was inconsistent with the Constitution, and must be amended.

He said the Constitution was clear that a person could only be detained for 48 hours in cells, explaining that Act 146 of the Armed Forces, was therefore, inconsistent and violates the rights of persons, and that recommendations have been made by CRIC to amend that act.

Prof. Dankwa said this in Tamale on Wednesday during a regional stakeholders’ briefing on proposed amendments to the 1992 Constitution of Ghana, which was attended by diverse individuals and institutions.

The CRIC is made up of five members, and was set up to look into the draft report of the Constitutional Review Commission and come up with recommendations, including drafting entrenched bills and referendums for a consequent amendment to some sections of the 1992 Constitution.

Prof. Dankwa said the Committee was also making recommendations for husbands to be given paternity leave aside maternity leave for mothers, with the view that fathers do have serious responsibilities if their wives give birth.

He stressed that the Committee had suggested a threshold of 40 per cent of the electorate to amend entrenched provisions, but that out of the 40 per cent, 75 must vote yes to ensure that the entrenched provisions of the 1992 Constitution were amended in a referendum.

He said considerations were also being made to annul the death penalty provision in the country’s statutory laws, and explained that instead of death penalty, the CRIC was suggesting life imprisonment.

Prof. Dankwa stated that under decentralization, it had recommended for District Chief Executives (DCEs) to be elected, but then the President must nominate five persons vetted by the Public Services Commission (PSC) within each district and then be voted for by the people.

He noted that a recommendation was also being made to deal with power vacuum in situations where the President, Vice President and Speaker of Parliament were outside the country.

He indicated that an Independent Emolument Commission would be set up to determine the salaries of the President and the Article 71 of office holders, and stressed that within 30 days of dissolution of Parliament where elections were held in the past, would be changed to 60 days to enable new political administrations to prepare well for a take-over.

Prof. Dankwa said recommendations were also being made to extend the retiring age of some essential workers such as doctors, and that additional recommendations would be made to extend the retiring age of active workers beyond 60.