Kpebu: Position Paper Raises Bar on Ghana’s Constitution Review

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Martin Kpebu
Martin Kpebu

Private legal practitioner Martin Kpebu said on Thursday that the government’s decision to issue a position paper on constitutional reforms signals a more substantive and evidence-based engagement with the Constitutional Review Committee’s recommendations than a conventional white paper would deliver, while warning that limited time remains to act on the findings.

Speaking on the Big Bulletin on Asaase Radio, Kpebu drew a clear line between the two document types. He explained that a white paper typically serves as a straightforward government response to commission findings, whereas a position paper makes a fuller, argumentative case supported by facts and data, making it a more fitting instrument for a process driven by a committee rather than a formal commission of inquiry.

He described the government’s expected mix of accepted and rejected recommendations as a natural and constructive feature of democratic governance, arguing that open contestation of constitutional ideas strengthens rather than weakens national institutions over time. He added that the broader goal of any meaningful constitutional reform was to improve economic outcomes, expand access to education and healthcare, and reduce corruption, describing the process as one that could expose governance inefficiencies and free up resources for national development.

On one of the most debated proposals from the Committee, Kpebu was unambiguous. He flatly dismissed the recommendation to extend Ghana’s presidential term from four to five years. “We’ve roundly rejected it. It’s not possible. Not in Ghana,” he said, pointing to historical public sentiment and past failed attempts to push similar proposals through national debate.

Kpebu also clarified the procedural pathways available for different categories of constitutional change. He explained that amendments touching entrenched provisions, such as presidential tenure and fundamental rights, must go through a national referendum, while other changes can proceed through Parliament alone. He cautioned, however, that the referendum route carries a mandatory public consultation period after gazetting, making the full process span at least a year and a half.

That timeline, he argued, sits uncomfortably against the remaining duration of the current administration. He urged government to use the position paper to identify and fast-track reforms that fall outside the referendum requirement, prioritising changes that Parliament can process without the additional burden of a national vote.

Kpebu called on citizens to follow the position paper closely once released and to participate actively in the scrutiny and legislative processes that follow, stressing that the quality of constitutional reform ultimately shapes the country’s governance trajectory for decades ahead.

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