Written by: Mohamed Abdellah

The Constitution occupies a unique and prestigious position in Ghana’s legal and political system. In addition to its binding legal force, the Constitution embodies the collective will, history, and aspirations of the Ghanaian people, having contributed to maintaining a democratic system for several decades.

Every year on January 7, Ghanaians celebrate Constitution Day, a public holiday commemorating the adoption of the constitution for the Fourth Republic in 1992, which came into effect on January 7, 1993.

The celebration enshrines democracy and the rule of law, aims to promote constitutional awareness, and also coincides with the beginning of the new parliament.

Constitution Day in Ghana

Recognizing this profound importance, Constitution Day was included in the list of official holidays in Ghana. However, several years after its adoption, the question remains as to what Constitution Day means to the average Ghanaian citizen, which is what this article attempts to answer.

Democracy in Ghana

The adoption of Constitution Day was not arbitrary, as it was based on the remarkable constitutional journey that Ghana had undertaken under the 1992 Constitution, which led to the establishment of the Fourth Republic on January 7, 1993. This constitutional system has resulted in the longest continuous period of democratic rule in the country’s history.

The essence of Ghana's existence is that of a sovereign, democratic state.

Under the Fourth Republic, Ghana has held several successful presidential and parliamentary elections, and has seen peaceful transfers of power between the country’s two main political parties, the National Democratic Congress and the New Patriotic Party.

This achievement has earned Ghana local pride and international recognition as a stable constitutional democracy and an oasis of peace in the African continent. Thus, Constitution Day represents the essence of Ghana’s existence as a sovereign democracy. It celebrates not just a document, but a constitutional culture that upholds the rule of law, democratic accountability, and peaceful political competition.

Despite its importance, it is criticized for remaining out of reach for many Ghanaians. Apart from legal professionals, civil servants, and a limited segment of civil society, the constitution is often viewed as a vague, technical, or abstract legal document. This disconnect undermines the constitutional order itself, because a constitution that the people do not understand cannot be effectively defended.

Therefore, Constitution Day should be a deliberate opportunity to bridge this gap. This day should be an opportunity for national civic reflection, education, and dialogue. Citizens should understand not only their rights, but also their duties; not only the powers of the government, but also the limits imposed by the constitution.

Constitutional review

Ghana’s commitment to developing its constitution was demonstrated by the recent establishment of the Constitutional Review Commission (CRC), chaired by Professor Henry Kwasi Prembeh. The commission conducted nationwide consultations, examined the application of the 1992 constitution after years of practice, and its recommendations were comprehensive, mainly addressing proposals for restructuring the government in Ghana.

It is worth noting that the committee proposed, among other reforms, increasing the presidential term from four to five years, and abolishing the mixed system under which members of parliament appoint ministers of state, with the aim of strengthening the principle of separation of powers.

The presentation and publication of the committee's report confirmed an important constitutional truth: the constitution is not static, but a living instrument that can be reformed through democratic participation.

It is commendable that the current review process was completed during the first year of the new administration. The committee's recommendations have received mixed reactions, necessitating careful consideration by the president before the White Paper is issued. Therefore, Constitution Day should remind Ghanaians that constitutional work is an ongoing project, not a completed task.