A Ghanaian law professor in the United States of America, Stephen Kwaku Asare, says he has instituted legal proceedings against the \u2018unlawful activities\u2019 of the Constitution Review Implementation Committee (CRIC).<\/p>\n
Professor Asare, in a statement released on Wednesday, challenged the legitimacy of the CRIC, which was set up by the government to deliberate and make proposals regarding probable amendments \u00a0to the constitution.<\/p>\n
The committee, chaired by Professor E.V.O Dankwa, had recommended that the government hold a referendum on the constitution amendment \u00a0process later in the year which it believed would facilitate the process.<\/p>\n
Professor Asare, however, said the CRIC \u201chave no power under the laws of Ghana to schedule a referendum to amend the Constitution of Ghana.\u201d<\/p>\n
He stated that he had taken the case up with the Supreme Court and had requested the court to \u201cissue an order\u201d directing all relevant bodies \u201cto permanently cease and desist from taking any actions that seek to amend or otherwise disturb the Constitution.\u201d<\/p>\n
Professor Asare added that he was prepared to \u201clitigate this matter to its logical conclusion\u201d to ensure that the constitution was not amended on the recommendation of the committee.<\/p>\n
Find the full statement below: <\/i><\/b><\/p>\n
Statement on<\/span> the Unlawful Activities of Professor Oware Dankwa and the Constitution Review Implementation Committee<\/b><\/p>\n My attention has been drawn to an article posted on your website (myjoyonline<\/span> .<\/span>com<\/span>) on July 16, 2014, titled \u201cDo you want the Death Penalty abolished?\u201d In the said article, Professor Emmanuel Victor Dankwah, Chairman of the so called Constitution Review Implementation Committee, is reported to have addressed a forum in Kumasi where he explained that Ghanaians will answer questions on the death penalty during an upcoming referendum.<\/p>\n I wish to bring it to the attention of the general public that Professor Dankwah and his<\/span> so called Constitution Review Implementation Committee have no power under the laws of Ghana to schedule a referendum and\/or to amend the Constitution of Ghana.<\/p>\n It is common knowledge that the Constitution can only be amended by its terms. It is also well known that Parliament is the sole body that can initiate, consider and propose amendments to the Constitution. Parliament\u2019s power<\/span> to amend the Constitution is not only plenary and exclusive but<\/span> also cannot be delegated to or usurped by the President, the so-called Constitution Reform Commission or the Constitution Review Implementation Committee. Further, it is trite knowledge that the President\u2019s role in constitutional amendment is limited to the ministerial task of giving assent to bills properly passed by Parliament.<\/p>\n We maintain, as we have from<\/span> 2010, that the President has no power to set up a commission to initiate amendments or draft amendment bills to the Constitution. To the extent that the President has usurped Parliamentary powers and misappropriated Article 278(<\/span>1) to traverse the amendment architecture emplaced<\/span> by Chapter 25 of the Constitution, C.I. 64 setting up the Constitution Review Commission, all actions taken by the Commission, the establishment of the Constitution Review and Implementation Committee and all its actions remain unlawful, unconstitutional, impermissible, null, void and of no effect.<\/p>\n As Professor Dankwah and his Committee should be aware, the Supreme Court of Ghana has been asked to issue an order directing the President, the Chairman and Members of the Constitution Review Commission, the Chairman and Members of the Constitution Review Implementation Committee, the Attorney General, their deputies, agents, or employees or any other servant or agent of the Republic to permanently cease and desist from taking any actions that seek to amend or otherwise disturb the Constitution in so far as such actions are inconsistent with Chapter 25 of the Constitution (writ # J1\/12\/2014).<\/p>\n Moreover, during the pendency of the litigation before the Supreme Court of Ghana, the President, the Chairman and Members of the Constitution Review Commission, the Chairman and Members of the Constitution Review Implementation Committee, the Attorney General, their deputies, agents, or employees or any other servant or agent of the Republic are required to cease and desist from taking any actions that seek to amend or otherwise disturb the Constitution, in so far as such actions are inconsistent with chapter 25 of the Constitution.<\/p>\n Since 1992, Ghana has chosen the path of law and order in the management of its affairs. It is therefore regrettable that Professor Dankwah and his Committee have chosen the path of taking actions that are contemptuous of the Supreme Court.<\/p>\n We plan to litigate this matter to its logical conclusion and call on the Chairman of the so-called Constitution Review Implementation Committee to terminate with immediate effect all activities related to altering and amending the Constitution.<\/p>\n S. Kwaku Asare<\/p>\n July 16, 2014<\/p>\n <\/p>\n By: Edwin Kwakofi\/citifmonline.com\/Ghana<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" A Ghanaian law professor in the United States of America, Stephen Kwaku Asare, says he has instituted legal proceedings against the \u2018unlawful activities\u2019 of the Constitution Review Implementation Committee (CRIC). Professor Asare, in a statement released on Wednesday, challenged the legitimacy of the CRIC, which was set up by the government to deliberate and make […]<\/p>\n","protected":false},"author":20,"featured_media":22862,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[5],"tags":[1459],"yoast_head":"\n