REMOVE INDEMNITY CLAUSE
REMOVE INDEMNITY CLAUSE
BY PETER ATOGEWE WEDAM April 20, 2010
A number of citizens in the Bolgatanga Municipality including journalists, students and civil servants have variously called for the removal of the indemnity clause in Ghana ’s 1992 Constitution which has been the country’s supreme law book for the past 16 years.
A journalist, Mr. Mohammed Charles Atalanga wondered why the clause protects a former president from prosecution for as long as three or more years after he or she has left office saying this provision seems to support wrong doing as along as a person is able to ascend to the high office of the land.
According to this journalist and other contributors who held similar views, if there are adverse findings and ample evidence against a former president nothing should stop him or her from court actions and possible imprisonment to deter others who may be tempted to use the presidency to embezzle as well as commit other crimes against the state.
These concerns were raised when the Constitution Review Committee [CRC] met selected heads of department, the media and the general public at separate fora in Bolgatanga, capital of the Upper East region to educate them on the 1992 constitution and to elicit their views and opinions on the operations of the constitution.
Some other contributors observed that over the years, politicians come into government and abandon laudable development projects started by previous governments and this practice drains public resources leaving behind many uncompleted projects. A solution to this phenomenon is for the constitution to clearly provide a national development plan which should be followed at all times irrespective of changes in government.
While there were calls for the extension of tenure office of the president from four to five years taking into consideration the transition period, appointments and the next election year, others proposed that national elections be held earlier say in November or October so as to give more room for handover procedures. Some further said the constitution must define explicitly the duties of the vice president instead of him or her acting as the president directs.
The public also asked for politicians to take their hands off the country’s educational system as their interference in for instance duration of senior high school education has brought untold confusion in the educational set up. Also the decoupling of the Attorney General’s Office from the Ministry of Justice, president’s appointment of MPs as ministers, election of DCEs, non-involvement of chiefs in active politics and a host of issues were discussed and suggestions made to the CRC.
A Commissioner with the CRC, Lawyer Gabriel Scott Pwamang in an address at the opening of a focused group discussion with some representatives of decentralized departments and groups noted that the review of the constitution which is a nation-wide exercise presents an opportunity for Ghanaians to fashion out home-grown solutions to governance problems.
Lawyer Pwamang said at the end of the regional and district level reviews, the CRC will make recommendations to government for consideration and provide a draft bill for possible amendments to the 1992 constitution. He said contributions could be in written or oral form and these should reach the review commission on or before September 30, 2010.
He said it is the belief of the Commission that Ghanaians will point out the strengths and weaknesses of the 1992 constitution so that at the end of it all, a proper housekeeping will be done to consolidate constitutionalism in Ghana .
A researcher with the Constitution Review Commission, Mr. Clement Kojo Akapame interacting with the press later observed that notwithstanding the ongoing review process, “the 1992 constitution has created an enabling framework for the nurturing of a vibrant democracy in Ghana ”.
Mr. Akapame said in the past, military overthrows of constitutional democracies denied the country the opportunity to make self-reflective and comprehensive reforms of subsistent constitutions. From the early 1960s up to the late 1970s, the country’s constitution has been largely determined by military coup leaders. Therefore this current review process should be seen by all citizens as a golden opportunity to add their inputs to the possible revision of the 1992 constitution which is binding on all people of Ghana .
He counted on the media to help spread the intentions of the review commission and as well encourage the populace to get involved in the various consultative fora that will be held in all districts of the Upper East region except Bawku Municipality due to the conflict situation there.
Deputy Upper East regional minister, Madam Lucy Awuni in a word called on all throughout the region to fully participate in the discussions so that concerns peculiar to the region can be presented for consideration.
BY PETER ATOGEWE WEDAM April 20, 2010
A number of citizens in the Bolgatanga Municipality including journalists, students and civil servants have variously called for the removal of the indemnity clause in Ghana ’s 1992 Constitution which has been the country’s supreme law book for the past 16 years.
A journalist, Mr. Mohammed Charles Atalanga wondered why the clause protects a former president from prosecution for as long as three or more years after he or she has left office saying this provision seems to support wrong doing as along as a person is able to ascend to the high office of the land.
According to this journalist and other contributors who held similar views, if there are adverse findings and ample evidence against a former president nothing should stop him or her from court actions and possible imprisonment to deter others who may be tempted to use the presidency to embezzle as well as commit other crimes against the state.
These concerns were raised when the Constitution Review Committee [CRC] met selected heads of department, the media and the general public at separate fora in Bolgatanga, capital of the Upper East region to educate them on the 1992 constitution and to elicit their views and opinions on the operations of the constitution.
Some other contributors observed that over the years, politicians come into government and abandon laudable development projects started by previous governments and this practice drains public resources leaving behind many uncompleted projects. A solution to this phenomenon is for the constitution to clearly provide a national development plan which should be followed at all times irrespective of changes in government.
While there were calls for the extension of tenure office of the president from four to five years taking into consideration the transition period, appointments and the next election year, others proposed that national elections be held earlier say in November or October so as to give more room for handover procedures. Some further said the constitution must define explicitly the duties of the vice president instead of him or her acting as the president directs.
The public also asked for politicians to take their hands off the country’s educational system as their interference in for instance duration of senior high school education has brought untold confusion in the educational set up. Also the decoupling of the Attorney General’s Office from the Ministry of Justice, president’s appointment of MPs as ministers, election of DCEs, non-involvement of chiefs in active politics and a host of issues were discussed and suggestions made to the CRC.
A Commissioner with the CRC, Lawyer Gabriel Scott Pwamang in an address at the opening of a focused group discussion with some representatives of decentralized departments and groups noted that the review of the constitution which is a nation-wide exercise presents an opportunity for Ghanaians to fashion out home-grown solutions to governance problems.
Lawyer Pwamang said at the end of the regional and district level reviews, the CRC will make recommendations to government for consideration and provide a draft bill for possible amendments to the 1992 constitution. He said contributions could be in written or oral form and these should reach the review commission on or before September 30, 2010.
He said it is the belief of the Commission that Ghanaians will point out the strengths and weaknesses of the 1992 constitution so that at the end of it all, a proper housekeeping will be done to consolidate constitutionalism in Ghana .
A researcher with the Constitution Review Commission, Mr. Clement Kojo Akapame interacting with the press later observed that notwithstanding the ongoing review process, “the 1992 constitution has created an enabling framework for the nurturing of a vibrant democracy in Ghana ”.
Mr. Akapame said in the past, military overthrows of constitutional democracies denied the country the opportunity to make self-reflective and comprehensive reforms of subsistent constitutions. From the early 1960s up to the late 1970s, the country’s constitution has been largely determined by military coup leaders. Therefore this current review process should be seen by all citizens as a golden opportunity to add their inputs to the possible revision of the 1992 constitution which is binding on all people of Ghana .
He counted on the media to help spread the intentions of the review commission and as well encourage the populace to get involved in the various consultative fora that will be held in all districts of the Upper East region except Bawku Municipality due to the conflict situation there.
Deputy Upper East regional minister, Madam Lucy Awuni in a word called on all throughout the region to fully participate in the discussions so that concerns peculiar to the region can be presented for consideration.
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