Constitution Of Ghana

The Constitution of Ghana stands as the supreme law within the Republic of Ghana . Its ratification occurred on April 28, 1992, following a national referendum where it garnered an impressive 92% of the vote. This foundational document meticulously outlines the core political principles, delineating the structure, operational procedures, powers, and responsibilities of the government. It further defines the organization of the judiciary and the legislature , and unequivocally enumerates the fundamental rights and obligations incumbent upon every citizen. The constitution is a substantial piece of work, comprising 26 distinct chapters, not to mention its introductory Preamble.

One of the constitution’s key objectives was to foster a greater degree of decentralization within Ghana’s governmental framework.

Background

Timeline

Since achieving independence in 1957, Ghana has navigated a complex and often tumultuous path, marked by significant transformations in both the form and the democratic substance of its governance. The nation was first declared a republic in 1960, under the leadership of Kwame Nkrumah . However, by 1964, Ghana had undergone a shift from a republic to a one-party state, characterized by a presidential system that saw the erosion of citizens’ rights and a complete suppression of political participation. The subsequent decades were plagued by political instability, punctuated by a series of military coups in 1966 , 1972 , 1978, 1979 , and 1981, despite attempts to re-establish democratic administrations in 1969 and 1979. The pivotal moment arrived on April 28, 1992, with a referendum that approved the 1992 Constitution, ushering in the current Fourth Republic. This constitution drew heavily upon the democratic ideals espoused by its predecessors—the 1957, 1969, and 1979 Constitutions—and was shaped by the recommendations of a 258-member Committee of Experts, whose proposals were subsequently endorsed by the Consultative Assembly. The 1992 Constitution heralded an era of enhanced press freedom and strengthened human rights guarantees. It established an executive branch structured similarly to that of the United States, with a president elected for four-year terms, and reinforced a unitary governmental system while simultaneously empowering local governance structures. The Fourth Republic’s inaugural government was officially sworn into office on January 7, 1993.

First Governments

Ghana’s initial Constitution of 1957 mirrored the parliamentary democracy prevalent in Britain. Under this framework, executive authority was vested in the Queen, represented by the Governor-General. The Cabinet was comprised of members of Parliament , which served as the primary legislative body responsible for governing Ghana. The 1957 Constitution also laid the groundwork for Regional Assemblies , mandating the establishment of the office of the Chief, a “House of Chiefs” for each Region, and a State Council tasked with adjudicating constitutional matters within their respective regions.

Second Republic

The drafting of Ghana’s Second Republic Constitution commenced in January 1968. This constitution posited that traditional notions of the separations of power were becoming obsolete, asserting that it was the President’s duty to safeguard the independence of governmental institutions. The executive branch was designed to operate independently of the legislative and judiciary arms of government. The Second Republic Constitution embraced a decentralized approach to governance, wherein local administrations functioned as extensions of the central government, which dictated the scope of their authority.

Third Republic

Prior to the formal establishment of the Third Republic Constitution’s first government, Ghana implemented a “National Government” that served as a transitional authority for a minimum period of four years. The Third Republic championed a decentralized governmental structure through the appointment of regional commissioners who held cabinet-level positions. These commissioners were responsible for shaping local policy initiatives, with the implicit aim of balancing diverse ethnic interests. The constitution also incorporated provisions designed to shield media outlets from censorship and to ensure equitable access to state-run media platforms.

Framing

Preamble

The Preamble serves as the introductory statement to the Ghanaian constitution. It articulates a commitment to the principles of Universal Adult Suffrage; Freedom; Justice, Probity, and Accountability; and the safeguarding and preservation of Fundamental Human Rights and Freedoms, alongside National Unity and Stability. The 1992 constitution consciously drew lessons from its predecessors—the 1957, 1960, 1969, and 1979 constitutions—and also incorporated elements from the British and United States constitutional models. The Preamble explicitly states the guiding principles that the 1992 Ghanaian Constitution would uphold upon its enactment as the supreme law of Ghana.

Article 11

Article 11 of the Ghanaian Constitution delineates the sources of Ghanaian law. It establishes that Ghanaian law comprises the Constitution itself, enactments by the legislature, subsidiary or subordinate legislation, existing laws predating the 1992 Constitution, and finally, common law. This article clearly defines the origins from which Ghanaian law is derived and, by extension, created. Article 11 also clarifies the respective contributions of each governmental branch to the legislative and judicial processes.

Article 17

Article 17 of the Ghanaian Constitution directly confronts the issue of inequality and explicitly prohibits discrimination based on “grounds of gender, race, colour, ethnic origin, religion, creed or economic status.” Section 3 of Article 17 provides a precise definition of discrimination, stating it “means the effect of a law or the act or omission of any person or authority, which effect is to impose burdens, restrictions or disadvantages on any person or group of persons by reason of their being persons of a particular description by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.” Article 17 thus legally codifies the broad concept of “discrimination,” applying the principle of Universal Adult Suffrage as a foundational element of Ghanaian national law.

Article 24

Article 24 enshrines the economic rights of Ghanaian citizens. Clauses 1 and 2 stipulate the right to work under satisfactory, safe, and healthy conditions, alongside the entitlement to equal pay and the assurance of rest days upon request and public holidays. Furthermore, Article 24, clause 3, grants Ghanaian citizens the right to establish or join trade unions for the “promotion and protection of his economic and social interests.”

Article 25

Article 25 elaborates on the rights pertaining to education in Ghana. Clause 1 affirms the right of Ghanaian citizens to equal access to educational opportunities and the necessary facilities. Subclauses (a) through (e) of Article 25 specify that basic education is compulsory and free; secondary education shall be accessible to all citizens; higher education shall be available to all based on the capacity of universities to accommodate students; it establishes the right to literacy; and guarantees the provision of adequate facilities for teaching within the school system. Clause 2 further grants citizens the right to pursue homeschooling and to establish private educational institutions, in accordance with the educational rights outlined in clause 1.

Article 29

Article 29 addresses the rights of disabled individuals, ensuring their access to educational opportunities and protection against institutional abuse. Clauses 1 through 4 detail the rights of the disabled and outline their protections against discrimination and abuse as defined in Article 17 of the constitution. Clause 5 guarantees the disabled person’s right to participate in their own judicial proceedings, with the court taking into account the individual’s mental and physical capacity. Clauses 6 and 8 ensure the disabled person’s right to access public and private facilities without discrimination, while clause 7 establishes specific incentives for businesses that employ a significant number of disabled individuals. Clause 8 mandates that Parliament shall enact laws to ensure the enforcement of Article 29 and all its constituent clauses.

Article 41

Article 41 outlines the duties incumbent upon individual Ghanaian citizens, emphasizing that the exercise of rights and freedoms guaranteed by the Constitution is intrinsically linked to the fulfillment of these duties. The duties stipulated in Article 41 encompass civil, political, economic, social, and cultural practices engaged in by Ghanaians.

Division of Powers

The 1992 Constitution, as the supreme law of the land, mandates the division of powers among the President, the Parliament, the Cabinet, the Council of State, and an independent judiciary. Through its carefully designed system of checks and balances, it prevents any single branch of government from accumulating excessive power. Executive authority is shared by the President, the twenty-five-member Council of State, and numerous advisory bodies, including the National Security Council. The President serves as the head of state, head of government, and commander-in-chief of Ghana’s armed forces. He also appoints the vice president.

Legislative authority is vested in the National Parliament, a unicameral body composed of 200 members, in addition to the President. For legislation to become law, it requires the assent of the President, who possesses a qualified veto over all bills, with the exception of those designated as matters of urgency. Members of Parliament are elected by universal adult suffrage for four-year terms, although these terms may be extended by not more than twelve months at a time beyond the initial four years during periods of war.

The structure and powers of the judiciary are independent of all other branches of government. The Supreme Court exercises broad powers of judicial review, ruling on the constitutionality of any legislative or executive action upon the request of any aggrieved citizen. The hierarchy of courts largely follows British juridical traditions. This system, known as the Superior Court of Judicature, comprises the Supreme Court of Ghana, the Court of Appeal (Appellate Court), the High Court of Justice, regional tribunals, and any lower courts or tribunals that Parliament may establish. The courts hold jurisdiction over all civil and criminal matters.

The 1992 Constitution, consistent with previous constitutional frameworks, safeguards the institution of chieftaincy, along with its traditional councils, as established by customary law and practice. The National House of Chiefs, while lacking executive or legislative power, serves in an advisory capacity on all matters pertaining to the country’s chieftaincy and customary law.