There have been numerous calls by jurists, civil society organisations, academics, constitutional experts and politicians for a review of the 1992 Constitution. Some have even gone to the extent of calling for a new constitution, describing the 1992 Fourth Republican Constitution as not fit for purpose.
Emmanuel Ebo Hawkson (EEH), a Senior Reporter of the Daily Graphic, interviewed Prof. Nana Susubribi Krobea Boaten Asante (S.K.B), the eminent scholar, constitutional expert, lawyer and international arbitrator who played a major role in the drawing of the 1992 Constitution.
Prof. Nana SKB Asante, who is the Paramount Chief of Asante Asokore, was the Chairman of the Committee of Experts that drafted the constitutional proposals that led to the promulgation of the 1992 Constitution.
His views centred on the evolution of the 1992 Constitution, his role, how the constitution has helped the development of the country and whether there is the need for a review of the constitution.
Excerpts of the interview are published below.
Emmanuel Ebo Hawkson (E.E.H): Prof. Nana, how did you come to be involved in the drawing of the 1992 Constitution?
Prof. Nana Susubribi Krobea Boaten Asante (S.K.B): The regime at the time decided to transition to constitutional rule. The PNDC had been in power since December 1981. I happened to be an official of the UN in an organisation known as the UN Centre on Transnational Cooperations,which used to give technical assistance to developing countries in their dealings with multinational organisations.
I came to Ghana for a conference in 1989. In the course of the conference, I met the late Justice D. F. Annan and the late Captain Kojo Tsikata. I made them aware that there was international concern about when Ghana would go back to constitutional rule.
They disclosed to me that they were already thinking of a process. The first phase was a survey, which showed that Ghanaians preferred the multi-party system of government. The second phase was the establishment of the Committee of Experts, which I chaired to draft constitutional proposals. That was in 1991.
We drafted the proposals in barely two months. Our proposals went directly to the Consultative Assembly without any amendment or modification by the PNDC. Even though the Bar Association did not participate, there were more than 30 lawyers from different organisations in the Consultative Assembly.
E.E.H: Nana, sorry for interrupting, but please why did the Ghana Bar Association boycott the Consultative Assembly?
S.K.B: They said that the representation was insignificant; I think they were given about one and they thought they deserved more slots, but some of us did not think it mattered because there were other lawyers. The Consultative Assembly discussed our proposals together with previous constitutions and came up with a final constitution within six months.
Emmanuel Ebo Hawkson (left), Daily Graphic reporter, in the interview with Prof. Nana Susubribi Krobea Boaten Asante
source: graphiconline
