Constitutional Reforms Must Address Challenges Without Creating New Ones – Charlotte Osei

Frank A Jackson
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Lawyer and former Chairperson of the Electoral Commission of Ghana, Charlotte Osei, has called for caution, balance, and inclusiveness in the ongoing constitutional reform process, stressing that reforms must resolve existing challenges without introducing fresh difficulties.

Her comments come in the wake of the submission of the Constitution Review Committee’s (CRC) final report to President John Dramani Mahama on Monday, December 22. The report contains key recommendations, including the separation of the executive from the legislature, a reaffirmation that the Constitution does not permit a third presidential term, and a proposal to extend the presidential term from four to five years.

Speaking on Joy News on Saturday, December 27 and monitored by www.news.apmediagh.com, Madam Osei explained that the reform process was guided by fairness across all arms of government, including Members of Parliament, the judiciary, and the executive.

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She cautioned against selective reforms without proper alternatives. “It is not just a matter of picking one aspect and saying ‘scrap it.’ When you remove an existing arrangement, what replaces it? We were very careful not to create new problems while trying to solve old ones. If we lack the expertise to determine emoluments ourselves, then it makes sense to leave that responsibility to qualified experts,” she stated.

As a member of the CRC, Madam Osei described the committee’s work as thorough and methodical. She noted that the committee reviewed past recommendations clause by clause in a document spanning about 100 pages, assessed them independently, examined the historical context, and engaged the public for feedback before deciding whether to maintain existing proposals or introduce new directions.

She also highlighted the committee’s approach to Article 71, which governs the remuneration of public officeholders. According to her, the issue has appeared in every previous constitutional review, prompting the committee to adopt a more comprehensive solution.

“We opted for a holistic, one-stop Public Emoluments Commission, such as the Fair Wages and Salaries Commission. This approach allows us to deal fairly with ex gratia payments and related concerns, instead of abolishing arrangements without offering workable alternatives,” she explained.

Madam Osei further reflected on lessons from past local government reforms, observing that constitutional review commissions often face difficulties in designing solutions that remain effective and sustainable over time.

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