Introduction
Established in January 2025, the Constitution Review Committee was tasked with evaluating Ghana’s 1992 Constitution to identify gaps and weaknesses and make recommendations.
The committee presented its report, titled “Transforming Ghana: From an electoral democracy to a Developmental Democracy,” to the President in Dec. 2025.
In a subsequent media engagement on July 28, 2026, the Attorney General, Dominic Ayine, outlined the executive’s formal response regarding the reforms suggested by the Constitution Review Committee.
The committee’s recommendation report posited that while Ghana’s electoral democracy has provided over thirty years of peace and stability, this has not resulted in enhanced governance quality, improved institutional performance, or better living conditions for citizens. Through widespread stakeholder and public engagements, it was revealed that while citizens favour a democratic system of governance, they remain highly “dissatisfied with governance outcomes.”
Key issues consistently raised by the public included excessive executive authority, weakened accountability mechanisms, challenges with decentralisation, the high cost of political participation, and environmental degradation, among others.
The committee recommended 147 amendments to the 1992 Constitution and 59 new propositions. DUBAWA has highlighted key recommendations for amendments, the new provisions and the government’s stance on the propositions.
Amendments to the 1992 Constitution
The constitution review committee report recommends 149 amendments to the 1992 Constitution. The amendments covered major areas aimed at promoting an accountable and effective government and a more people-centred democracy. The committee’s key recommendations included:
- Extending the presidential and parliamentary terms from four to five years. On the length of the presidential term, the committee received three predominant suggestions: retaining the existing four-year term; replacing the four-year, two-term system with a single non-renewable term spanning seven years; and extending the term from four to five years. Of the three options, the committee aligns with and recommends a five-year term of office for the president. Parliamentary will be aligned in this regard, with both elections taking place in the first week of November in an election year to allow ample transition time.
- The committee suggested setting the minimum age for election as president at 30, believing that 30 is “old enough for a person of ambition to put their ambition to test.”
- The committee recommended that a president’s salary, allowances, and emoluments “shall be subject to tax in accordance with the applicable law.” This applies to other indirect taxes on goods and services on the same terms as every other individual.
- The committee recommends amending Article 57 (6) such that “private civil proceedings” may be initiated against an individual at any time after he or she leaves office as president. However, criminal proceedings can be instituted within “four years of ceasing to be president.”
- The Review Committee recommends amending this so that a member of parliament cannot be appointed as a minister, deputy minister or regional minister. An MP who resigns from parliament will not be eligible for appointment as minister, deputy minister, or regional minister until the term of parliament for which he or she was elected has passed. In addition, the committee recommends that the president, within his authority, may appoint only 57 ministers of state, including deputies and regional ministers. If a president wants to exceed this number, he or she must justify it in writing and seek a resolution by a majority vote in parliament.
Infographic on some facts in the position paper. Image Source: Gemini Notebook
- In contrast to the current Article 82, where a president may revoke a minister’s appointment after a majority vote of censure, the committee recommends amending Article 82 (5) so that a president “shall” revoke the appointment of a minister whom a majority in parliament has passed a vote of censure. The minister censured by parliament will not be eligible for re-appointment for the remainder of the president’s or parliament’s term.
- The committee recommended categorising public offices into four categories: executive, independent, hybrid-independent, and hybrid-executive. The president has “plenary power” to select persons to be appointed into executive offices to help execute his or her political mandate. For independent offices, the president will make appointments from nominations by the independent constitutional body (a duty to appoint as advised). For hybrid -independent offices, the president will appoint in accordance with the advice of a relevant nominating or governing council. Lastly, for hybrid executive offices, the president shall appoint, in consultation with the relevant body responsible for policy oversight. The president’s power to appoint heads of such offices becomes partly procedural and partly substantive.
- The committee recommended amending chapter eight of the constitution to bar an incumbent or members of his administration from taking certain actions from the date of the presidential election until the next president assumes office. Specifically:
(a) no new appointment, nomination or offer of employment to any public office.
(b) no new contract, including wage or salary increases, if not approved in the current year’s appropriations.
(c) no commencement or close of sale of any public asset or grant of leasehold interest of a public land to any person.
(d) No introduction of a bill by a certificate of urgency. As a result, any action contrary to the above stated is void, and the state is not obligated to act in favour of any third party.
- In a crosscutting recommendation, the committee suggested a single non-renewable term of 10 years or until retirement at 65, whichever is earlier, for the Chief Justice, Electoral Commissioner, and two Deputy Electoral Commissioners, Auditor-General, State Statistician, Commissioner and Deputy Commissioners of the NCCE, Head of Civil Service and of the Public Service Commission. Other key offices, such as the Controller and Accountant-General, were recommended for an 8-year term, while the Inspector-General of Police and the Director-General of the Prisons Service were recommended for a 6-year term.
- The committee suggested capping the number of elected MPs at the current 276. However, the committee recommended that dual citizenship does not preclude individuals from contesting elections to parliament. Individuals are not to renounce their other citizenship to be eligible for election as MPs.
- To regulate the activities of political parties and their impact on Ghana’s democracy, the committee proposes establishing an Independent Registrar and Regulator of Political Parties and Campaigns (IRRPC). The IRRPC will implement regulations governing the costs of electioneering and political campaigns.
Infographics with figures on the number of recommendations. Image Source: Gemini Notebook
Government/ Executive’s position on the Recommendations.
According to the Government’s position paper, the Government’s response to the committee’s report took three forms: the Government accepts the recommendations; the Government accepts the recommendations in principle, subject to modification; and the Government does not accept the recommendations.
Out of the over 140 recommendations for amendments and 59 entirely new provisions, DUBAWA’s detailed scrutiny of the Government’s position paper indicates that the Government/Executive “rejected or did not accept” over 80 of them. The government accepted just over 30 recommendations, and a little over 25 recommendations were accepted in principle with modifications.
The position paper rejected or did not accept the judicial recommendations on the grounds that the “current provisions” were sufficient.
Infographic showing some government positions on key issues. Image Source: Gemini Notebook.
Again, the Government rejected amendments that sought to introduce a structured appointment process for heads of security institutions and other offices, such as the Electoral Commission, the Chief Justice, CHRAJ, and the Auditor-General. The government maintained the president’s “constitutional prerogative” to appoint the IGP, Director-General of Prisons, other security heads, the Electoral Commissioner, and deputy commissioners.
On governance, the position paper accepted extending both presidential and parliamentary terms from four to five years, with both elections held in the first week of November in an election year.
In addition, the government accepted the recommendation to amend the provision that bars individuals with dual citizenship from being elected to parliament or from holding certain positions.
The government proposes enacting a comprehensive Human Rights Act pursuant to Article 33(5) of the 1992 Constitution. This seeks to accommodate the committee’s proposals to expand constitutional rights, such as the rights to life, personal liberty, and human liberty; expand rights against slavery; and expand economic, social, and cultural rights.
What are the next steps?
The committee outlined implementation procedures for a reform. The recommendations cover all three categories of constitutional provisions: entrenched, non-entrenched, and the proposed semi-entrenched.
Entrenched provisions require 40 per cent voter participation and at least 75 per cent of votes cast in favour of the amendment. Non-entrenched provisions require two-thirds of the votes from all members of parliament. Parliament can proceed to amend non-entrenched provisions after securing key political consensus. However, entrenched provisions require a referendum to be determined by the government and the Electoral Commission.
For implementation, the Cabinet must approve the government’s position paper. The position paper will then be published together with the review committee’s report, and the president will swear in the Constitution Review Implementation Committee (CRIC).
With the position paper approved and both the Government and the Review Committee’s report published, the CRIC will consider two sets of Constitution Amendment Bills.
The first Bill will consist of amendments to the non-entrenched provisions of the Constitution and will follow the procedure set out in Article 291 of the Constitution:
a. Publication in the Gazette with the second publication following at least 3 months after the first;
b. Laying in Parliament after 10 days of the second publication;
c. Referral to the Council of State by the Speaker of Parliament after the 1st reading;
d. Upon receipt of the advice of the Council of State within 30 days of the referral, the Bill is approved by its 2nd and 3rd reading stages by a 2/3 majority of the Members of Parliament; and
e. Presentation of the Bill to the President for assent.
The preparation and enactment of the Constitution (Amendment) (No. 1) Bill 2026 are expected to take place from Aug. 2026 to Feb. 2027.
The second bill, which focuses on the Constitution’s entrenched provisions based on the committee’s recommendations, will follow the procedure set out in Article 290 of the Constitution. This includes:
a. Referral of the Bill by the Speaker to the Council of State for advice;
b. Council of State to render advice within 30 days;
c. Publication in the Gazette for a period of six months, after which the Bill is introduced
in Parliament;
d. This is followed by the 1st reading (laying) of the Bill in Parliament;
e. Upon the 1st reading, the Bill will be submitted to a referendum to be held throughout
the country; forty per cent of eligible registered voters must turn out to vote and of that
number at least 75% must vote in favour of the Bill; and
f. Upon approval at the referendum, Parliament is mandated by proposal to pass the Bill
and the President must assent to the Bill.
The draft bill is expected to be ready by Oct. 2026. However, a referendum to approve the Constitution (Amendment) (No 2) Bill will take place simultaneously with District Assembly elections in 2027.
Conclusion
If these propositions are implemented, they would act to polish the legal framework, nurturing more resilient governance and a democracy genuinely centred on the populace. The release of this position paper initiates the subsequent stage of the restructuring journey. This endeavour aims to secure constitutional modifications that fortify the democratic oversight of Ghana, enhance transparency, and promote the well-being of the national citizenry.
