We are operating a problematic constitution; the parties agree – Kofi Abotsi

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    Dean of the Law School, University of Professional Studies (UPSA) has intimated that the country is operating a Constitution that is problematic. And the two major political parties agree to this.

    Speaking on the Monday, August 30, 2021 edition of the Super Morning Show on Joy FM, Professor Kofi Abotsi stated that prior to the 2008 elections, the New Patriotic Party and the National Democratic Congress generally agreed that the Constitution was deficient in some key areas, thus the need for a review.

    On this premise, “both parties promised that whoever won the [2008] election would kick start the process for the review of the Constitution.

    “But clearly that didn’t happen,” he added.

    The comment was part of discussions on whether the country would have been better or otherwise with a reviewed Constitution.

    “The Constitution has very important provisions that frankly do not need to be touched. It is also problematic in a few areas which can be perfected by good practice if actors are honest and committed to the constitution.

    The Professor opined that the effectiveness of the Constitution is dependent on some factors, including actor commitment, which is missing in the country’s current disposition.

    “It’s important to understand that the Constitution’s effectiveness is a function of two things: of it’s own structural and operational efficiency and also more importantly, actor commitment.

    “By actor commitment, I mean the people who are put in charge of the Constitution and their commitment to stay true to the fundamental principles of Constitutionalism.”

    In Professor Kofi Abotsi’s view, actors are always a step ahead of the law, therefore, if they don’t stay true and honest to the Constitution, not much results would be achieved.

    “You can put in the fine prints but if there’s no commitment actors will find ways of subverting it,” he added.