The Dean of the University of Professional Studies (UPSA) Law School, Professor Kofi Abotsi, says the challenges within Ghana’s constitution do not make it unmanageable.
Prof. Abotsi asserts that, despite its flaws, Ghana’s Constitution is still better than many constitutions in other countries that are functioning well.
He explained that, the Constitution cannot be completely changed because some aspects are designed to resist change.
The dean said that even if the constitution were overthrown, it has provisions that would justify its restoration.
Speaking on the JoyFM Super Morning Show (SMS), Prof. Abotsi said, “I think it is imperative for us to understand that the constitution having problems is not equivalent to the constitution not being manageable.”
“The constitution has flaws, but it can be managed, and I would argue that flaws in the constitution are way better than many other constitutions in different countries that are doing quiet well. The notable one being America. Ghana’s constitution is 10 times better than the American constitution, but see America and what it is, even though they are beginning to reflect some of our problems in recent times.”
Professor Kofi Abotsi said that the main issue with the constitution is not its content but how it is accessed and used.
He explained that, even a perfect constitution can be corrupted if it is in the hands of bad actors, who will manipulate and interpret it to protect their own interests over time.
The Dean emphasised that Ghana should focus on practical solutions rather than completely overthrowing the constitution, as this could necessarily lead to efforts to restore it in the future.
He pointed out that Article 3 of the constitution mandates its restoration whenever it is overthrown, ensuring its continuity.
“It is in there. It is under Article 3 that the constitution shall be restored anytime it is overthrown and for as long as it takes. So an overthrow is almost not an issue.
“Our history testifies to a failure of military rule in Ghana. They would come with the promise to save, but the promise indeed is to save themselves. I can understand the frustration of younger people; the solutions should, however, be a realistic solution.”
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