Private legal practitioner, Prof. Kwaku Asare has said that he shivers anytime he hears a cross section of Ghanaians calling for the over throw of the 1992 Constitution of Ghana.
He stated that he shivers whenever he hears well-intentioned people clamoring for the overthrow of the current constitution.
“I shiver whenever I hear well-intentioned people clamoring for the overthrow of the current Constitution, which undoubtedly has its fair share of fixable shortcomings,” he said.
In a post on his Facebook page, Professor Asare stated that because the country has had 5 constitutions after independence many people are of the mindset that constitutions come be disposed anytime.
“Because we have had 5 Constitutions since 1957, it is tempting to think that Constitutions are disposable instruments that must be changed every now and then.
He noted that the reality on the grounds is that a new constitution is usually made after a major political upheaval such as finding a new country, attaining independence, returning to constitutional normalcy after a military intervention.
He continued saying; “this does not mean existing Constitutions have no shortcomings. Rather, such Constitutions provide a peaceful and orderly path to their amendments and it is that path, and only that path, that must be used to address their shortcomings.
“That is why Act 527 was the proper way to effect the amendments in 1996. That is the rationale for the Constitution (Amendment) Bill 2021.
“Go beyond that path to seek reform, whether by violence or non-violence, and you do violence to the Constitution and the people.
“That is why I have fundamental issues with the transition from the 1957 Constitution to the 1st Republican Constitution, the referendum that outdoored it not withstanding.