Constitutional Violations of the Akuffo Addo Government on Ghana’s Constitution Day: Key Lessons

On this day, we honor one of the most transformative legal documents in modern Ghanaian history – the national constitution. Ghana’s Constitution Day is an annual reminder of democratic governance and the rule of law. Yet, as we acknowledge the framework that upholds a free society’s sanctity, serious discussions need to take place about the flagrant constitutional violations under the Akuffo Addo government. A stark inconsistency between constitutional principles and political practices is both a harbinger of dystopia and a lesson for the future.

Perhaps the most glaring of these violations is in the realm of fundamental human rights. Article 15 of our constitution stipulates that “the dignity of all persons shall be inviolable.” However, this has been profoundly undermined by the Akuffo Addo administration. The recent high-handed militarization of civil protests, resulting in innocent lives lost and countless people brutalized, shows a blatant disregard for human dignity. This event presents a clear portrait of a constitutional breach that screams for rectification.

Moreover, the Akuffo Addo administration has repeatedly encroached upon the media’s freedom, an essential bedrock of any functional democracy laid out in Chapter 12 of our constitution. The closure of Radio Gold and XYZ, allegedly due to licensing issues, is viewed as politically motivated, given both stations’ affiliations with the opposition National Democratic Congress. Such acts of press clampdown and muzzling down of dissenting voices starkly defy the constitutional provision of media freedom and indirectly impact the citizen’s right to information.

The twisting of the constitutional appointment process also counts among the administration’s transgressions. Article 70(2) defines a thorough vetting process for public positions, helped by Parliament’s Appointments Committee. However, the nomination of Jean Mensa to head the Electoral Commission, a critical post in Ghana’s political landscape, was effected without adhering to the requisite procedures. These violations, blatant and subtle, deepen public mistrust and call into the question the essence of the Constitution’s promise – a government of the people, by the people, and for the people.

Simultaneously, the government’s compliance with the rule of law is selective at best. A good example is the failed handling of the banking sector crisis. The controversial Consolidated Bank Ghana’s creation, orchestrated by the government, violated the Bank and Specialized Deposit-Taking Institutions Act, 2016 (Act 930). This incident fuels the contention that law adherence is merely a facade for this government.

Also, encroaching on the judiciary’s independence, a pillar of the constitution as per Chapter 11, is another significant constitutional violation. The removal of the Electoral Commission Chair, Charlotte Osei, on seemingly contentious reasons muddied the waters of judicial independence. This incident exemplified the government’s propensity of hiding behind the guise of constitutionality to fulfill political agendas.

Does the catalogue of these constitutional violations not serve as a wakeup call for us as a nation? Ghana’s Constitution Day should be more than a ceremony. It should be a day of introspection and accountability. Instead of unquestioned commemoration, we should evaluate our commitment to the supreme law of the land, especially with disturbing tendencies towards constitutional obfuscation and agitation.

In conclusion, the happenings under the Akuffo Addo administration underscore the importance of our constitution. The fundamental importance of checks and balances in a democratic society, guardianship of human rights, safeguarding the media’s freedom, adherence to the rule of law, and independence of the judiciary are not just written in legal jargon but are our fundamental democratic principles. Ghana’s Constitution Day offers us a grim reminder that democracy is a system that continually needs vigilance and accountability.

For a nation whose democracy is relatively young, the key takeaway from the Akuffo Addo government’s constitutional violations should be the necessity of upholding constitutional guidelines lest we risk descending into lawlessness. It would be prudent for Ghanaian citizens to recommit to constitutionalism, fiercely guard democratic norms, and demand transparency and accountability from their government. Citizens’ active engagement in democratic processes is a step towards a fuller realization of the dream captured in our constitution — a stable, just, and prosperous Ghana for all.

For God and Country!

©Haruna Zinentah

Business & Organizational Development Consultant

Youth Development Advocate

Email: visionharuna@gmail.com