OPINION: Ghana at the crossroads: An urgent call for constitutional reform
Ghana’s political landscape, shaped largely by extreme positions held by the two dominant political parties have only served over years to prevent a proper constructive analysis on the merits or otherwise of issues that are of great concern to the populace.
The recent suspension of her Ladyship Chief Justice Gertrude Torkornoo has raised tension within Ghana’s constitutional democracy. In a letter addressed to the bench, her Ladyship lamented on what she describes as injustice and an attempted to subject her to the treatment of a “common criminal”.
Her call to fellow justices to stand in defense of judicial independence speaks volumes not only about her personal resolve, but also about the perceived erosion of institutional independence that has bedeviled this nation for some time now. Indeed, many hold the view that her Ladyship and her lawyers are determined to convince neutrals and the on looking international community that the executive arm of government has launched a devastating attack on the judiciary of one of Africa’s most celebrated democratic nations.
Nonetheless, it is argued and rightfully so that the president acted according to the dictates of constitutional procedure. Precedents such as the removal of former Electoral Commissioner Charlotte Osei lends credence to this position. However, legality does not take away political ramifications particularly in a rather deeply polarized political environment like ours.
Ghana’s political landscape, shaped largely by extreme positions held by the two dominant political parties have only served over years to prevent a proper constructive analysis on the merits or otherwise of issues that are of great concern to the populace.
As a result, this process merely a constitutional one is instead caught up in a partisan terrain fuelled by years of mistrust and a battle of party loyalty rather than the nations interest. The potential removal of a sitting Chief Justice no matter how constitutionally justified as was the case with former Electoral Commissioner is deeply concerning especially for the so called independent officeholders with changing regime.
This unfortunate outcome solidifies a dangerous “winner-takes-all” political culture, where officers intended to be apolitical become subject to partisan cycles of elimination and replacement. Politics in Ghana at this point, if unchecked will only become further fierce and a “do or die affair” taking that democratic gains chalked over the years to a steep decline into an abyss with “familiar wolves” waiting to take advantage.
The President John Dramani Mahama has an opportunity regardless of the outcome of this inquiry to spare the nation of this looming threat. A constitutional review that revisits and potentially limits the power of the executive in matters concerning vital governance institutions in Ghana is urgent. Such a review must aim to adequately protect the Electoral Commission, the office of the Chief Justice, the Commission on Human Rights and Administrative Justice (CHRAJ), the Auditor-General, the Special Prosecutor among others from overt political interference and control.
The effect of not dealing with such a delicate issue will create an implosion in our not so distant future of a magnitude undesired by the good people of Ghana. Ghana must safeguard its democratic gains worked so hard to achieve.
God bless our homeland Ghana, and make our nation great and strong.
Author: Atura Ayam is a political analyst and a student of political science at the Department of Political Science, University for Development Studies, Tamale. Email. akelemturaayam@gmail.com
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