The Dean of the Law School, University of Professional Studies Accra (UPSA), Professor Kofi Abotsi has intimated that the country is operating a Constitution that is problematic which the two major political parties agree to.
He explained that prior to the 2008 elections, the New Patriotic Party (NPP) and the National Democratic Congress (NDC) generally agreed that the 1992 Constitution was deficient in some key areas, thus the need for a review.
According to Prof. Abotsi, “on this premise, both parties promised that whoever won the 2008 elections will kick-start the processes for the review of the 1992 Constitution but clearly that did not happen”.
Commenting on whether the country would have been better or otherwise with a reviewed 1992 Constitution, he indicated that the Constitution had very important provisions that frankly do not need to be touched but also problematic in a few areas which could be perfected by good practice if actors are honest, dedicated, determined and committed to the Constitution.
“The effectiveness and efficiency of the Constitution is dependent on some factors, including actor commitment, dedication and determination which is missing in the current disposition and it is important to understand that the Constitution’s effectiveness and efficiency is a function of two issues of structural and operational.
“By actor commitment, determination and dedication, I mean the people who are put in charge of the Constitution and their decision to stay true to the fundamental principles of constitutionalism because actors are always a step ahead of the law, if they do not stay true and honest to the Constitution, not much results will be achieved.
“You can put in the fine prints but if there is no commitment, determination and dedication actors will find ways of subverting it,” Prof. Abotsi cautioned. –myjoyonline.com
