Accra: The Government has backed a proposal to introduce a citizen-initiative mechanism for constitutional amendments, subject to support from registered voters. Under the proposal, citizens would be able to initiate constitutional amendments, subject to minimum regional representation and gender-balance requirements.
According to Ghana News Agency, Dr. Dominic Ayine, Minister for Justice and Attorney-General, announced the Government's position on Thursday at the Government Accountability Series while presenting its response to the Constitution Review Committee's report. The Government, however, proposed that the threshold for initiating a constitutional amendment should be 10 percent of registered voters instead of the five percent recommended by the Committee.
Dr. Ayine said the higher threshold would ensure that the mechanism was invoked only where a proposal commanded substantial national support. He mentioned that the initiative would be triggered through the Council of State, adding that 'the Constitution belongs to the people, and the people should be able to knock on its door directly.'
Dr. Ayine further detailed that the implementation process for the proposed constitutional amendments would be undertaken within a defined timetable. 'Following the publication of the Report, the President would swear in the Constitution Review Implementation Committee (CRIC), which would prepare two Constitution Amendment Bills simultaneously.'
The Minister explained that the first Bill would deal with amendments to the non-entrenched provisions of the Constitution under Article 291. 'It will involve publication in the Gazette, laying in Parliament, referral to the Council of State for advice, and passage by a two-thirds majority of all Members of Parliament, followed by Presidential assent.'
Dr. Ayine stated that the second Bill would address amendments to entrenched provisions in accordance with Article 290. 'It would be referred to the Council of State for advice, published in the Gazette for six months, laid in Parliament and subsequently submitted to the people of Ghana at a national referendum.'
He clarified that a minimum of 40 percent of eligible registered voters would have to participate in the referendum, while at least 75 percent of votes cast would have to support the amendments for them to be approved. He indicated that the two draft Constitution Amendment Bills were expected to be ready by October 2026.
The Minister revealed that the Government intended to hold the referendum on the second Bill alongside the District Assembly elections in 2027 to avoid the cost of conducting a standalone referendum and would work closely with the Electoral Commission on the timetable. He also noted that the Government would pursue complementary legislative reforms, including amendments to existing laws such as the Public Financial Management Act and the enactment of new legislation, including a Human Rights Act, to implement recommendations that did not require constitutional amendments.
The Constitution Review Committee's report contains 206 proposed constitutional amendments, comprising 147 amendments to existing provisions and 59 entirely new provisions.