Constitution Review Committee (CRC) Chairman, Prof. H. Kwasi Prempeh, has cautioned that the government’s decision to present its own position on constitutional reforms has complicated an already delicate review process.
Speaking in an interview on Monday, Professor Prempeh said constitutions are meant to outlive governments and political parties, making it essential for political actors to approach the exercise with patriotism rather than partisan interests.
He argued that constitutional reforms should not be treated like everyday politics because they determine how the country is governed for generations.
“Constitutions are different; they are forward-looking. They last at least a generation,” he said, stressing that they establish the rules for governance, leadership recruitment, the transfer of power and the distribution of authority.
According to him, those leading the process should think beyond their time in office and consider the kind of country future generations will inherit.
He said if political leaders view the exercise only as “another way for one incumbent party to get their preferences vis-à-vis the rival party,” Ghana would lose a rare opportunity to deliver “real game-changing reforms.”
Prof. Prempeh acknowledged that politics will inevitably influence the process but insisted that public deliberation must remain at its centre.
“This is why I think it’s important for the deliberative content of this process to be very high,” he said, urging extensive debate and broad public participation before decisions are made.
He warned against rushing reforms simply to secure a vote, arguing that citizens should have the opportunity to hear competing arguments before changes are adopted.
On the timeline for completing the review, Prof. Prempeh said valuable time had already been lost.
“In hindsight,” he explained, he would have preferred the government to submit its views through the same consultative process available to all stakeholders instead of taking a separate route.
He said that approach would have avoided months of waiting since the end of January and allowed consultations to proceed without interruption.
Prof. Prempeh acknowledged that government may be trying to align any referendum with the upcoming local government elections to improve voter turnout, noting that standalone referendums often struggle to attract enough voters.
Even so, he maintained that the remaining period should prioritize meaningful public engagement instead of speed.
He admitted that greater consultation could extend the process but argued that this is the nature of constitutional democracy.
“That’s what makes constitutions and constitution-making and democracy slower than the alternative,” he said, adding that slowing the process can improve both the quality and legitimacy of the final outcome.
Prof. Prempeh said the government’s position had introduced fresh uncertainty into the review.
“It throws a little bit of a spanner in the works a bit,” he said, questioning how competing political positions would now be weighed and filtered into the constitutional review process if other parties also submit their own official positions.
Background
The government accepted key recommendations of the Constitutional Review Committee (CRC), including the extension of the tenure of the President and Parliament from four years to five years.
Presenting the government’s White Paper on the Constitutional Review Committee’s recommendations, Dr Ayine said the proposal is intended to provide administrations with more time to implement and evaluate their policies before returning to the electorate.
“The government has accepted a recommendation to extend the term of office of the president from four years to five years, with the term of Parliament extended to correspond with this,” he said.
According to him, the current four-year electoral cycle leaves governments with insufficient time to deliver on their programmes because the beginning and end of each administration are dominated by transition and election-related activities.
“Our thinking is practical. Under the current four-year cycle, the early months of every administration are consumed by transition matters, and the final year is largely consumed by elections.”
Dr Ayine said a five-year term would create a more realistic timeframe for governance and policy implementation.
“A five-year term provides a more realistic time frame for the formulation, implementation and assessment of government policy.”
The Attorney General also announced that the government had accepted, in principle, the committee’s recommendation to lower the minimum age for presidential candidates, but with a modification.
While the Constitutional Review Committee proposed reducing the eligibility age from the current 40 to 30, the government has opted for a minimum age of 35.
“Still under the presidency, the committee recommended that the minimum age of eligibility for election as president be reduced from 40 years, currently in the Constitution, to 30 years. The government has accepted this recommendation in principle, subject to one modification,” he said.
“The minimum age will be 35 years, not 30 years. And of course, the details of this will be fashioned out by the Constitutional Review.”
The White Paper outlines the government’s position on proposals submitted by the Constitutional Review Committee, chaired by Professor Henry Kwasi Prempeh, which presented its report to President John Dramani Mahama on December 22, 2025.
Among the major proposals accepted by the government are:
Reducing the minimum age to contest the presidency from 40 to 35 years, instead of the 30 years proposed by the committee, to broaden participation while maintaining a level of maturity for the office.
Holding presidential elections during the first week of November, on a date to be determined by the Electoral Commission, to provide a predictable electoral calendar and allow sufficient transition before presidential inauguration on January 7.
Setting timelines for presidential election petitions, requiring petitions to be filed within 14 days after the declaration of results and determined by the Supreme Court within 30 days. The Electoral Commission will also be required to disclose all relevant election data to the court and the parties involved.
Removing tax exemptions for sitting presidents, requiring the President to pay taxes on salaries, allowances and applicable indirect taxes, although retirement gratuity and pension will remain exempt.
Capping Parliament at 300 members, comprising 276 constituency MPs and 24 representatives elected through proportional representation for women, persons with disabilities and the youth. The government said an independent study would determine the structure of the proportional representation system.
Allowing dual citizens by birth to contest parliamentary elections, without renouncing their foreign citizenship, describing the current restriction as inconsistent with Ghana’s engagement with its diaspora.
Dr. Ayine said the implementation process will begin with the inauguration of a Constitution Review Implementation Committee, which will prepare separate amendment bills for entrenched and non-entrenched constitutional provisions.
He disclosed that the draft bills are expected to be completed by October 2026. Amendments to entrenched provisions will subsequently be subjected to a national referendum, which the government intends to hold alongside the 2027 District Assembly elections to reduce costs.
In addition to the constitutional amendment bills, the government will introduce complementary legislation, including the Human Rights Act and amendments to the Public Financial Management Act, to implement recommendations that do not require constitutional changes.
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