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1992 Constitution not flawed – Kofi Abotsi

Dean of the University of Professional Studies, Accra (UPSA) Faculty of Law, Dr Ernest Kofi Abotsi has blamed the two major political parties for the growing lack of confidence in the Constitution of Ghana.

Speaking at the UPSA Law School and One Ghana Movement Constitutional Day lecture on Monday, Dr Abotsi said the supreme law of the land is not flawed, rather political actors of the New Patriotic Party (NPP) and National Democratic Congress (NDC) are the problem.

His statement comes after several calls have been made by Civil Society groups, activists and pressure groups for the Constitution of the country to be reviewed.

They argue that some of the rules are flawed, thereby, leaving room for successive governments to abuse it for their personal interests to the detriment of Ghanaians.

For Dr Abosti, the desire of politicians in capturing power drives them to take advantage of the loopholes in the Constitution and abuse it.

Scoring the constitution 95%, he asked, “Is the Constitution indeed truly flawed or are the actors just good at illusive behaviour that renders an otherwise functional document impotent in the face of exploiting its application?

“With the heavy weight behind the calls for review, I dare say the situation is vexed. However, as it has been repeatedly said in this lecture, that actor commitment and not perfect text is what makes the difference in constitutionalism.”

“Perfect text can be abused or under used by officials with the wrong mission,” he emphasised.

The Dean, therefore, recommended that the conversation be redirected at the country's 2 main political actors in order to compel them to put the nation first and above their parochial gains.

“Being honest with ourselves should lead us to the admission that the two leading parties who have alternated in leading this country have not developed the spirit and ethos of constitutionalism in Ghana.

“If I ask for a politics that promotes constitutionalism and ethos of good governance, I am not oblivious to the fact that politics is about the preservation and advancement of interest, ‘self-interest’. But whereas the heedless pursuit of self-interest destroys and weakens our collective resolve as a country. Enlightened self-interest is the staff that sustains the country.”

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