“Five-year term? Not in Ghana”: Position paper signals deeper debate on constitutional reforms — Martin Kpebu
Constitutional lawyer Martin Kpebu has described the government’s decision to issue a position paper on constitutional reforms as a positive step toward a more detailed and evidence-based engagement with the recommendations of the Constitutional Review Committee.
Speaking on Asaase radio Big Bulletin with Fritz Delanyo Amegashie on Thursday, May 14, Mr Kpebu explained that unlike the traditional white paper, which usually provides a general government response to commission findings, a position paper is more comprehensive, argumentative, and supported by facts and data.
“A position paper is far more rigorous. It is argumentative, backed by facts and data — a full swing document,” he said.
He noted that while white papers are typically used after commissions of inquiry, the current process involves a review committee rather than a full commission, making the position paper approach more suitable.
Healthy for Democracy
Kpebu stated that it is natural for the government to accept some recommendations and reject others, describing the process as healthy for democratic growth.
“The Constitutional Review Committee has brought up a lot of recommendations. It is natural that government would disagree with some and accept others. It is healthy for our democracy,” he said.
He added that sustained public debate on constitutional reforms is important for refining governance structures and advancing national development.
According to him, the ultimate objective of constitutional review is to improve economic performance, education, healthcare, and reduce corruption.
“The constitutional review process is going to throw out a lot of leakages, so there will be a bigger national cake to share,” he remarked.
Opposition to Five-Year Presidential Term
On specific proposals, Martin Kpebu strongly opposed the recommendation to extend the presidential term from four to five years.
He argued that both historical precedent and public opinion strongly favour retaining the current four-year term, and warned against any attempt to extend presidential tenure.
“We’ve roundly rejected it. It’s not possible. Not in Ghana,” he declared.
Referendum vs Parliamentary Amendments
Kpebu clarified that not all constitutional amendments require the same approval process. He explained that changes to entrenched provisions — such as presidential term limits and fundamental rights — would need a national referendum, while other provisions can be amended by Parliament.
“Those that are entrenched require a referendum. Others can be amended through Parliament,” he said.
However, he cautioned that organising a referendum is time-consuming and could take at least one-and-a-half years due to legal requirements, including a mandatory six-month public consultation period after gazetting.
Limited Time for Reforms
The lawyer expressed concern about the limited time available for the current administration to carry out major constitutional reforms.
“This government doesn’t have much time. If you want to do a referendum, you need another year and a half,” he noted.
He advised that once the position paper is released, priority should be given to reforms that can be implemented without a referendum.
Kpebu said the position paper will clearly indicate which recommendations the government intends to pursue, after which it will be subjected to public scrutiny and the necessary legislative processes.
He encouraged all citizens to actively participate in the process, emphasising that constitutional reforms ultimately shape governance and the country’s overall development.
Editor:
Obiri-Yeboah
