Calls for constitutional amendments must not be brushed off – Justice Pwamang

Justice of the Supreme Court, Justice Gabriel Pwamang has noted that calls from various sides and groups for constitutional reforms must not be dismissed.

Speaking at the National Commission for Civic Education’s (NCCE) constitution week public lecture to mark 30 years of the referendum adopting the 1992 Constitution, Justice Pwamang said it is a welcome to engage in healthy and enlightened discussions for amendments.

“The recent remarkable constituency with which discussions about the constitution has been embarked on by actors at various levels of our national life is in itself very laudable. These discussions apart from engendering higher commitment to the principles of our constitution, and compelling strict observance of them, by persons who are entrusted with statutory authority, they also point out areas of the constitution that do not appear to be working smoothly, and needs modification,” he remarked. 

Quoting the landmark case of Tuffour vs Attorney-General, Justice Pwamang further said: “It has been stated by the Supreme Court of Ghana, that the written Constitution ought to be seen as a living organism, which is capable of growth and development. See Tuffour vs Attorney-General. Therefore, it is normal that with the reflection of time, a constitutional document would need to change to reflect its growth and development.”

Under Ghana’s 1992 Constitution, Chapter 25 covers procedures and processes for amending both entrenched and non-entrenched provisions in the Constitution. 

He however noted that although the calls for constitutional reforms remain important, it should not be an opportunity to subject the constitution to trivial amendments. 

“As the constitution is the Supreme law that lies on top of the normative pyramids of our legal system, it must not be subject to frequent and trifling amendments, lest its sanctity whittles away. As was explained in Tuffour vs Attorney-General, the Constitution is a solemn legal document, political and developmental in nature."