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The Birth of Ghana’s 1992 Constitution: A Story of Drafting and Approval

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Ghana’s 1992 Constitution is the foundation of the country’s governance, having come into force on January 7, 1993. This supreme law was drafted by a Consultative Assembly, comprising Ghanaians from diverse backgrounds, led by a committee of experts chaired by Dr. Samuel Kwadwo Boaten Asante, a renowned lawyer and Paramount Chief of Asokore Asante in the Ashanti Region.

The Consultative Assembly was set up by the Consultative Assembly Law, 1991 (P.N.D.C.L. 253) of the Provisional National Defence Council. The assembly submitted the draft constitution to the Provisional National Defence Council (P.N.D.C.) on March 31, 1992. The constitution was then put to a national referendum on April 28, 1992, and approved by the people of Ghana with an overwhelming 92% support.

The 1992 Constitution is made up of 26 chapters, excluding the preamble, and defines the fundamental political principles, establishing the structure, procedures, powers, and duties of the government, structure of the judiciary and legislature, and spells out the fundamental rights and duties of citizens.

Interestingly, the Ghana Bar Association (GBA) refused to participate in the Consultative Assembly, preferring a Constituent Assembly, which they believed would be less influenced by the P.N.D.C. Despite the GBA’s reservations, the 1992 Constitution has been the cornerstone of Ghana’s governance, ensuring the rule of law and protecting the rights of citizens.

The constitution has undergone several reviews, with the most recent being the Constitutional Review Commission established in 2010. The commission’s recommendations aimed to improve the constitution, rather than replace it.

Culled from Daily Analyst