Constitutional lawyer Martin Kpebu has described the government’s decision to issue a position paper on constitutional reforms as a move toward a more detailed and evidence-based engagement with recommendations from the Constitutional Review Committee.
Speaking on the Big Bulletin with Fritz Delanyo Amegashie on Thursday (14 May), Kpebu explained that unlike the traditional white paper, which typically outlines government responses to commission findings, a position paper offers a more rigorous and argumentative approach backed by facts and data.
“A position paper is far more rigorous. It is argumentative, backed by facts and data — a full swing document,” he said.
He noted that while white papers are commonly used following commissions of inquiry, the current process involves a committee rather than a full commission, making the position paper format more appropriate.
Healthy for democracy
Kpebu said it is expected that the government will accept some recommendations while rejecting others, describing the process as essential for democratic development.
“The Constitutional Review Committee has brought up a lot of recommendations. It is natural that government would disagree with some and accept others. It is healthy for our democracy,” he stated.
According to him, sustained public debate on constitutional reforms helps refine governance structures and strengthens national development.
He added that the ultimate goal of constitutional reforms is to improve economic outcomes, education, healthcare and reduce corruption.
“The constitutional review process is going to throw out a lot of leakages, so there will be a bigger national cake to share,” he said.
Opposition to five-year presidential term
On specific proposals, Kpebu strongly rejected recommendations to extend the presidential term from four to five years.
He argued that historical precedent and public sentiment favour maintaining the current four-year term, warning against any attempts to prolong presidential tenure.
“We’ve roundly rejected it. It’s not possible. Not in Ghana,” he said.
He also referenced past constitutional debates and reform efforts, noting that similar proposals had previously been dismissed.
Referendum vs parliamentary amendments
Kpebu clarified that not all constitutional changes require the same approval process.
He explained that amendments to entrenched provisions — including presidential tenure and fundamental rights — would require a national referendum, while others could be handled through parliamentary processes.
“Those that are entrenched require a referendum. Others can be amended through Parliament,” he said.
However, he cautioned that the referendum process is time-consuming, often taking at least a year and a half due to legal and procedural requirements, including a mandatory six-month public consultation period after gazetting.
Limited time for reforms
The lawyer also raised concerns about the limited time available for the current administration to implement major reforms.
“This government doesn’t have much time. If you want to do a referendum, you need another year and a half,” he noted.
He urged that once the government releases its position paper, priority should be given to actionable reforms, particularly those that do not require referenda.
Kpebu said the position paper will outline which recommendations the government intends to pursue, after which public scrutiny and legislative processes will follow.
He encouraged citizens to actively engage in the process, stressing that constitutional reform ultimately shapes governance outcomes and national development.
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