ISS TODAY ANALYSIS: Constitutional loopholes enabling corruption and poor governance stifle Ghana’s democratic gains

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Consensus on reform between political players could win the trust of a dissatisfied population.

Despite these democratic gains and decades of stability, Ghana’s Constitution has been criticised for loopholes that have impeded its effectiveness in yielding the country’s expected goodThe country has experienced significant economic growth, but this hasn’t been sustained and hasn’t translated into the expected development dividends. The annual poverty reduction rate hasfrom 1.8 percentage points annually during the 1990s to 1.1 percentage points a year since 2006.

Between 2002 and 2015, the number of people who expressed their dissatisfaction with how democracy works in Ghana increased from 16.4% to 35.4%. A September 2021 Ghana Center for Democratic Development survey on local government established that aboutof Ghanaians didn’t want political parties to be involved in electing Metropolitan, Municipal and District Chief Executives at the local level.

Despite these failed attempts, the demand for amendments is growing. Several eminent Ghanaians, civil society organisations, political parties, youth and other groups have called for changes to the 1992 Constitution. Second, the marriage between the Executive and Legislature in Article 78 should be dissolved to make parliament truly independent. This constitutional provision, which enjoins the president to select most ministers from parliament, undermines the watchdog function and oversight responsibility of parliament and weakens accountability.

This was recommended by the CRC but rejected by the government white paper. However, the governing NPP included it in its 2020 manifesto after the failed attempt at reform in 2019. Also, the NDC, which opposed the amendment of 55, gave preconditions under which it would support it.

 

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