Forty-one In One Blow! Thoughts on the Proposed Single Referendum Question to Decide the Amendment of Ghana's Constitution

Abstract

Ghana’s Constitutional Reforms Commission, [CRIC], set up in 2012 to translate the report of the Constitutional Review Commission (CRC), into concrete constitutional amendments submitted a draft bill to government in 2014. The Bill proposed to amend 34 entrenched provisions and insert 7 new ones and addressed matters found in no less than 10 chapters of the Constitution. Government apparently intends to put this bill to the mandatory referendum for amending entrenched provisions of the constitution. In other words, government hopes to amend Ghana’s Constitution 41 times with single power-packed blow. Both the constitutional review exercise and the proposed amendments, have been met with condemnation and challenge at nearly every turn. Recent sharp criticism from civil society organisations and constitutional experts, has centred on the intention – now somewhat less admitted – to craft a single ‘yes or no’ referendum question to decide all 41 proposed amendments. This paper is intended to swell the chorus of protest against a decision to logroll all 41 issues. It endorses the interpretation of Article 290(1) proffered by think-tank IMANI-Ghana. Hopefully a significant body of literature agitating against this unconstitutional, and unjust means of constitutional amendment will prevent the government from foisting on the people of Ghana – albeit with the best