A critical assessment of Ghana's 1992 Constitution: Uncovering the flaws

For nearly three decades, Ghana's 1992 Constitution has served as the foundation of the country's governance. While it has established a framework for democratic governance, it is not without flaws.

This essay will delve into some of the most commonly cited constitutional flaws, shedding light on the challenges faced by local populations, the potential for political influence and manipulation, the size of the Executive Branch, interpretational ambiguities, representation gaps, a lack of checks and balances, a limited focus on economic development, and the electoral system's inadequacy.

We hope to highlight some areas that need attention and reform to ensure a fair and effective constitutional framework for the people of Ghana through this research.

Over-centralization is a major flaw in the 1992 Constitution, as it grants the central government excessive authority over taxation, budget allocation, and national decision-making. Local governments lose control of their resources and must rely on the central government for funding and decision-making.

Over-centralization also limits local government's ability to carry out their programs due to bureaucratic red tape and funding challenges. As a result, local development projects may be delayed or underfunded, resulting in lower service quality.

Furthermore, over-centralization can result in a lack of representation for local interests in national decision-making, leading to disenfranchisement and distrust of the central authority. Over-centralization is a major problem in the 1992 Constitution, limiting local power over resources and decision-making, hampering local development initiatives, and resulting in a lack of representation for local issues.

Despite its well-written nature, the 1992 Constitution has some fundamental flaws. Certain issues, such as the division of authority among the three branches of government, are unclear. As such, accountability concerns have gotten extremely knotty. Another point of contention is the nomination of judges, which the president is supposed to perform in consultation with a Judicial Council but does not specify how this consultation should take place. This has sparked debate regarding the appointment of judges and prompted concerns about the court's independence.

The lack of clarity in some areas has made it difficult for the government and courts to interpret and apply its provisions, as well as provided opportunities for power abuse, weakening the rule of law and democratic governance.

The 1992 Constitution of Ghana has been criticized for having a large Executive Branch, which is considered a weakness due to the risk of bureaucratic inefficiencies and delays. This massive bureaucracy raises the possibility of red tape and slower decision-making processes, making coordination and effective communication harder. Due to the size of the Executive Branch, the country's financial resources may be strained, potentially diverting funds away from critical sectors like education, healthcare, and infrastructure development.

Furthermore, it can obstruct accountability and transparency, creating an environment prone to corruption and nepotism, as well as undermining public trust in the government and democratic values.

Some argue that the Executive Branch should be reorganized or reduced in size to speed up decision-making processes, promote accountability, and better distribute resources. This would help Ghana improve its governance and resource allocation, resulting in a more efficient and effective administration.

The checks and balances of Ghana's 1992 Constitution are fundamentally flawed, undermining democracy. The Constitution gives the Executive Branch considerable power while failing to develop adequate oversight and accountability systems. If the President's authority and influence are not effectively checked, they can be abused. The power balance between the three branches (Executive, Legislative, and Judiciary) is skewed toward the Executive, further undermining checks and balances. This imbalance can lead to power concentration, which reduces the effectiveness of checks and balances in preventing abuse of power.

Furthermore, there is no provision in the Constitution for the development of strong and independent institutions to investigate, expose, and hold government officials accountable for corruption or wrongdoing. A lack of strong oversight bodies can create an environment in which corruption and abuse of power flourish without serious consequences for those involved.

Some advocate for constitutional changes or reforms to strengthen checks and balances in Ghana's government structure to address this issue. Strengthening and ensuring the independence of supervisory institutions such as the Auditor-General, the Commission on Human Rights and Administrative Justice, and the Judiciary could be part of this.

The Special Prosecutor's Office, like the Attorney General's Office, should be independent and expressly provided for in the Constitution. Its mandate is to combat corruption and related issues.

Furthermore, by providing more effective systems for inter-branch accountability and transparent procedures for holding government officials accountable, constitutional requirements for checks and balances are strengthened.

One other flaw of the 1992 Constitution of Ghana is the vulnerability to political influence in the selection of judges to higher courts. The lack of explicit standards for the selection process in the Constitution allows political influence to play a considerable role in the selection process. The President of Ghana wields significant power in the appointment process, which provides an opportunity for the executive branch to manipulate the process in favor of those sympathetic to the ruling party's objectives.

The Constitution also provides for limited accountability and oversight, with no institutions for public examination, such as legislative confirmation hearings or independent judicial commissions. A lack of checks and balances in the court can lead to bias and a lack of diversity.

Constitutional modifications are required to enable a more transparent and objective selection procedure for judges to address these issues. This could include the formation of an independent judicial commission tasked with investigating and proposing candidates for judicial appointments, as well as increased participation from other stakeholders such as the legal profession, civil society, and the general public. This would help in selecting highly qualified and impartial judges.

Finally, the examination of the difficulties in Ghana's 1992 Constitution identified some serious shortcomings that need to be addressed and modified. Power concentration in the central government, insufficient checks and balances, representation gaps, and electoral system flaws are among the critical issues that must be addressed.

These weaknesses undercut the democratic, fair, and inclusive principles that a constitution should promote. It is critical that parties, including the government, civil society organizations, and Ghanaians, engage in constructive debate and work toward constitutional amendments that address these problems. By doing so, Ghana may create a stronger and more transparent constitutional framework that better meets its people's interests and aspirations.