DI Governing Board Member appointed to serve on Constitutional Review Team

Mr. Akenten Appiah Menkah, a member of the governing board of the Danquah Institute has been appointed by His Excellency President John Atta-Mills to serve on a 9-man team to review the 1992 consitution of the Republic of Ghana.

Mr Akenten Appiah-Menkah is a renowned politician and industrialist, whose work was recognised by ECOWAS when, in 2007, they awarded him the prestigious, "Living Legend of Africa Award”.

The proprietor of the Apino Soap brand was for six years (1980 to 1986), the President of the Association of Ghana Industries, and has devoted himself to the development of his alma mater, Abuakwa State College at Kyebi. During the Second Republic of Ghana, Mr Appiah-Menkah held the post of Deputy Minister in the Ministry of Trade, Industry and Tourism and later in the Ministry of Justice and Attorney General.

He has also served as Chairman of the Council of Distinguished Alumni of Abusco and was a founding member of the New Patriotic Party and a member of the Party's Council of Elders.

The 9-man review team is under the chairmanship of Professor Albert Fiadjoe, an Emeritus Professor of Law at the University of West Indies.

Other members include Osabarima Kwesi Atta II, Omanhen of Oguaa Traditional Area, Mr. Akenten Appiah-Menka, a Lawyer and an Industrialist; Naa Iddrisu Abu Kumbum Naa, Paramount Chief of Kumbungu; Mrs. Sabina Ofori-Boateng, Consultant to the Legislative Drafting Unit of Parliament; Very Reverend Professor Samuel Kwasi Adjepong of Methodist University College; Dr Nicholas Amponsah, Senior Lecturer at the Department of Political Science, University of Ghana; Mr. Gabriel Pwamang, a Legal Practitioner; and Mrs. Jean Mensa, Executive Director of Institute of Economic Affairs.

After 18 years of operation, the 1992 Constitution has come under intense scrutiny, with some advocates calling for its review, while others contend it is too early to undertake such an exercise.

The constitutional review process would involve key steps which would include the preparation of a detailed proposal for constitutional review complete with a detailed work plan and monitoring framework and a detailed budget, fund-raising, and office set-up.

A Cabinet memorandum on the  Consultative Review of 16 years of the operation of the 1992 Constitution of Ghana submitted by the Minister of Justice and Attorney-General, Mrs Betty Mould-Iddrisu, outlined the road map for the constitutional review process.

Since independence in 1957, Ghana has tested several constitutional models. The 1957 Constitution, modelled after the Westminster system, was repealed in 1960, when Ghana became a sovereign unitary Republic under the 1960 First Republican Constitution.

The 1960 Constitution was abolished on February 24, 1966 when a coup d'etat ushered in the first military government in Ghana under the National Liberation Council (NLC).

The NLC vested both Executive and Legislative powers in itself but preserved the judicial functions of the Judiciary. The coups d’etat and constitutional experiments continued until the 1992 Constitution was adopted.

The entire constitutional review is estimated at US$2.7 million, with the government contributing 20 per cent of that amount and the rest coming from donor sources.

Under Article 290 of the Constitution, it has to begin with the Speaker of Parliament referring the proposals for amendment to the Council of State for its advice, after which “the Council of State shall render advice on the bill within 30 days after receiving it”.

The bill shall then be published in the Gazette but it shall not be introduced in Parliament until after six months after the publication in the Gazette.

“After the bill has been read the first time in Parliament, it shall not be proceeded with further unless it has been submitted to a referendum held throughout Ghana and at least 40 per cent of the persons entitled to vote, voted at the referendum and at least 75 per cent of the persons who voted cast their votes in favour of the passing of the bill.

“Where the bill is approved at the referendum, Parliament shall pass it. Where a bill for the amendment of an entrenched provision has been passed by Parliament in accordance with this article, the President shall assent to it.”

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