Ghana - The Fourth Republic

The fourth republic

The 1992 Constitution of the Republic of Ghana that came into effect on January 7, 1993, provides the basic charter for the country's fourth attempt at republican democratic government since independence in 1957. It declares Ghana to be a unitary republic with sovereignty residing in the Ghanaian people. Drawn up with the intent of preventing future coups, dictatorial government, and oneparty states, it is designed to foster tolerance and the concept of power-sharing. The document reflects the lessons drawn from the abrogated constitutions of 1957, 1960, 1969, and 1979, and it incorporates provisions and institutions drawn from British and United States constitutional models.

The 1992 constitution, as the supreme law of the land, provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary. Through its system of checks and balances, it avoids bestowing preponderant power on any specific branch of government. 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 is head of state, head of government, and commander in chief of the armed forces of Ghana. He also appoints the vice president.

Legislative functions are vested in the National Parliament, which consists of a unicameral 200-member body plus the president. To become law, legislation must have the assent of the president, who has a qualified veto over all bills except those to which a vote of urgency is attached. Members of parliament are popularly elected by universal adult suffrage for terms of four years, except in war time, when terms may be extended for not more than twelve months at a time beyond the four years.

The structure and the power of the judiciary are independent of all other branches of government. The Supreme Court has broad powers of judicial review; it rules on the constitutionality of any legislative or executive action at the request of any aggrieved citizen. The hierarchy of courts derives largely from British juridical forms. The hierarchy, called the Superior Court of Judicature, is composed of the Supreme Court of Ghana, the Court of Appeal (Appellate Court), the High Court of Justice, regional tribunals, and such lower courts or tribunals as parliament may establish. The courts have jurisdiction over all civil and criminal matters.

The legal system is based on the constitution, Ghanaian common law, statutory enactments of parliament, and assimilated rules of customary (traditional) law. The 1992 constitution, like previous constitutions, guarantees the institution of chieftaincy together with its traditional councils as established by customary law and usage. The National House of Chiefs, without executive or legislative power, advises on all matters affecting the country's chieftaincy and customary law.

The 1992 constitution contains the most explicit and comprehensive provisions in Ghana's postcolonial constitutional history regarding the system of local government as a decentralized form of national administration. These provisions were inspired to a large extent by current law and by the practice of local government under the PNDC. Another constitutional innovation is the enshrinement of fundamental human rights and freedoms enforceable by the courts. These rights include cultural rights, women's rights, children's rights, the rights of disabled persons, and the rights of the ill. The constitution also guarantees the freedom and independence of the media and makes any form of censorship unconstitutional. In addition, the constitution protects each Ghanaian's right to be represented by legitimately elected public officials by providing for partisan national elections and nonpartisan district elections.

Every citizen of Ghana eighteen years of age or above and of sound mind has the right to vote. The right to form political parties is guaranteed, an especially important provision in light of the checkered history of political parties in postcolonial Ghana. Political parties must have a national character and membership and are not to be based on ethnic, religious, regional or other sectional divisions.

Finally, highly controversial provisions of the constitution indemnify members and appointees of the PNDC from liability for any official act or omission during the eleven years of PNDC rule. These provisions seem designed to prevent the real possibility of retribution, should a new government hostile to the PNDC replace it, and to foster a climate of peace and reconciliation.

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