Dr. S.K.B. Asante – Before a review, the constitution needs to be carefully examined
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According to Nana Dr. S. K. B. Asante, the Paramount Chief of Asokore Asante, a review of the 1992 Constitution necessitates a rigorous examination of its historical context and the merits highlighting its provisions, including the fact that it has survived for 30 years without experiencing a constitutional crisis.
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Nana Dr. Asante, a renowned academic, constitutional attorney, and specialist in negotiation and arbitration, emphasized that such an exercise required substantive change suggestions.
Before really getting to the text of the constitution, proposals from the committee of experts must be taken into account, and the Supreme Court accomplishes just that. It recedes into the background when a constitutional question needs to be interpreted, he said.
The constitution may not necessarily be the result of many social issues, such as corruption, an unsound economy, and indiscipline at all levels, he continued to observe.
The revered chief made these statements yesterday in Accra at the Institute of Economic Affairs (IEA) constitutional review series as some of the nation’s most prominent chiefs took turns presenting their thoughts on the current conversation to address the demands of the time.
“Reviewing Ghana’s 1992 Constitution: Viewpoints from the National House of Chiefs” was the event’s theme.
The father of the 1992 Constitution, Nana Dr. Asante, made it clear in his opening remarks that the reviews also need to take into account “how we have established an international reputation as an oasis of democratic and constitutional stability and how this has even brought economic benefits to us.”
“I frequently witness people opining about what the constitution ought to say without having any prior knowledge of the conflict. Second, the idea of a constitutional review encompasses far more than simply criticizing it, the speaker said.
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He stated that “the concept of constitutional review means a lot more than just criticizing it,” noting that very few individuals had spent time discussing how the constitution had helped to strengthen the nation’s democracy.
Nana Dr. Asante commented on the calls for a revision of the Constitution to reduce the President’s excessive powers, stating that many of these powers were really taken from the 1979 Constitution. In any event, I contend that it is insufficient to just criticize; instead, each constitution’s specific provisions governing presidential authority must be listed one by one.
He added that it was crucial to conduct what he called a “realistic analysis” of the manner in which the President appoints various heads of constitutional bodies, Supreme Court justices, the Chief Justice, and district chief executives, and to decide which of these individuals should be retained by the President and which should be chosen by other bodies, other than the President.
In response to a Supreme Court decision limiting chiefs’ involvement in politics, Nana Dr. Asante stated that while chiefs should not actively participate in politics, they might still play important roles in the growth of their local communities and the country as a whole.
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National House of Chiefs
Making some recommendations on behalf of Nana Ogyeahohoo Yaw Gyebi II, President of the National House of Chiefs, Nana Dr. Asante continued by saying that the appointment of ministers from Parliament was unfavorable since it reduced parliamentary supervision.
The nomination of the leaders of all constitutional bodies should, according to him, be made by the Electoral Commission and the Commission on Human Rights and Administrative Justice (CHRAJ), which are independent of the presidency.
The National House of Chiefs President also stated that the number of Supreme Court justices should be restricted and that the creation of a second Chamber should serve as a type of check on the activities of Parliament.
Other speakers at the event included the acting President of the Osu Traditional Council, Nuumo Gbelenfio III, the President of the Volta Regional House of Chiefs, Togbe Tepre Hodo IV, the President of the Eastern Regional House of Chiefs, Nene Sakite II, and the President of the Central Regional House of Chiefs, Odeefuo Amoakwa Buadu VIII.
The National House of Chiefs President also stated that the number of Supreme Court justices should be restricted and that the creation of a second Chamber should serve as a type of check on the activities of Parliament.
The eminent chiefs discussed a range of issues, including the separation of powers, the overreach of the Presidency, the Legislature, the Executive, the Council of State, and the Chieftaincy; local governance; women and gender; resource management; and corruption.
Among the dignitaries present were Cletus Avoka, a member of parliament for Zebilla, Francis Emile Short, a former commissioner of the Commission on Human Rights and Administrative Justice, and Prof. Aaron Mike Oquaye, a former speaker of parliament.