Let us guard against complacency - CHRAJ Boss

Accra, June 20, GNA - Ms Anna Bossman, Acting Commissioner of the Commission for Human Rights and Administrative Justice (CHRAJ) on Tuesday called on Ghanaians to guard against complacency and remain cautious to ensure constitutionalism was deep rooted in the country. She said even though the 1992 constitution had provided guarantees for constitutionalism in Ghana more was required to empower CHRAJ and other institutions charged with the enforcement of the constitution to carry out their mandate effectively.

Ms Bossman was speaking on the topic: "Guaranteeing constitutionalism under the 1992 Constitution" on the second day of the three-day Ghana Academy of Arts and Sciences (GAAS) lectures in Accra. The lectures are under the theme: "Constitutionalism and the making of the 1992 Constitution".

She called on Government to avert its mind to the Directive Principles of State Policy by ensuring that needs of the people in terms of their education; human rights and liberties were promoted and protected.

Ms Bossman argued that it was not enough to have a constitution and human institutions established to ensure constitutionalism adding "this would be ineffective and counter productive if other factors such as financial and economic problems were not addressed." "People, no matter their set-up, would simply not be interested in human rights if their daily bread is non-existent" "Moreover, attainment of rights and liberties would prove to be a hollow concept if the people are in dire financial and economic straits" she added.

Ms Bossman called for collaboration and cooperation between CHRAJ and other institutions charged with the enforcement of the constitution to carry out its mandate effectively and efficiently. She cited instances of some judges over relying on procedure at the expense of substantive issues that was not helpful. "Technicality can never be allowed to override the interest of justice. If the trend continues, the loss of faith in the judiciary would result and this in turn could give way to dangerous consequences such as instant mob justice" she stressed.

Ms Bossman said the new civil procedure rules and overriding objectives ensured that the interest of justice remained paramount in all instances.

Nana Dr S.K.B Asante, Immediate Past President of GAAS who spoke on the topic: "From formulation to promulgation of the 1992 Constitution" said Ghanaians should allow the 1992 Constitution to grow and deepen with actual practice and fidelity to the constitutional tenets. He said even though the text of a constitution was important and might require some amendments in the long run the people must deepen their constitutional democracy by deed.

Nana Asante said the greatest danger to constitutional governance was not the human rights and institutions set-up to protect the people, but the human behaviour and willingness to observe rules the governance system had formulated.

He said the challenge of the committee of experts that formulated proposals for drafting the 1992 Constitution was the stipulation of certain core principles as the basis for constitutional proposal. Nana Asante said the committee had to study previous constitutions of the country to come out with the current hybrid system that took into account the historical context of the country.