Constitution of Ghana (1979)

Constitution of Ghana (1979)
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Name	Constitution of Ghana (1979)
Juristiction	Ghana
Date adopted	1979
System	Presidential
Executive	President
Legislature	Parliament
Judiciary	Supreme Court of Ghana
Status	Superseded 1992

Constitution of Ghana (1979)

The 1979 constitution was the supreme law that established the Fourth Republic's precursor institutions in Ghana after the overthrow of the Supreme Military Council and the abortive rule of the Armed Forces Revolutionary Council. Drafted in the wake of the June 4, 1979 coup and promulgated following the return to civilian rule under Hilla Limann and the People's National Party, the document sought to restore constitutional democracy, define executive powers, regulate the Parliament, and reconstitute the judiciary.

Background and Drafting

The drafting process followed constitutional responses to crises like the 1966 Ghanaian coup d'état that toppled Kwame Nkrumah, the 1972 Acheampong coup, and the 1978 palace coup against I. K. Acheampong. A constitutional commission, influenced by comparative models such as the Third Republic of Ghana, the United Kingdom unwritten practices, and constitutional frameworks from the United States, Nigeria and India, convened legal scholars, civil society actors including the Ghana Bar Association, trade unionists from the Trades Union Congress, and delegates representing regions like Northern Region and Volta Region. Key figures included jurists from the Supreme Court of Ghana and politicians associated with the Progress Party and the Convention People's Party.

Main Provisions

The constitution established a presidential system drawing on precedents from the Second Republic and modified separation of powers seen in the U.S. Constitution and the 1979 Nigerian Constitution. It defined executive authority vested in a directly elected President with powers over appointments to the Council of State, the Cabinet, and the armed forces. Legislative competence was allocated to a single-chamber Parliament with mechanisms for confidence, appropriation, and oversight involving institutions like the Public Accounts Committee. The judiciary was guaranteed independence through tenure provisions for judges of the Supreme Court of Ghana and lower courts including the High Court.

Structure of Government

Executive functions were concentrated in the President of Ghana supported by a vice-president and ministers drawn from members of Parliament similar to hybrid systems in countries like France and Kenya. The unicameral Parliament of Ghana consisted of elected representatives from constituencies such as Accra and Kumasi, with standing committees modelled on the House of Commons and the U.S. House of Representatives. The judicial hierarchy culminated in the Supreme Court of Ghana, with appellate routes to the Court of Appeal and regional tribunals, reflecting legal traditions found in the Privy Council era and the common law systems of England and Wales.

Bill of Rights and Fundamental Liberties

The constitution contained a bill of rights incorporating civil liberties influenced by instruments like the Universal Declaration of Human Rights and national antecedents including the 1969 Bill of Rights. Protections covered freedom of expression relevant to entities such as the Ghana Journalists Association, right to property affecting institutions like the Bank of Ghana, and safeguards against arbitrary detention referencing practices under the National Redemption Council and Provisional National Defence Council. Provisions recognized rights to fair trial in the High Court and remedies through habeas corpus petitions to the Supreme Court of Ghana.

Amendment Process

Amendments required procedures balancing flexibility and stability, with proposals initiated in Parliament of Ghana and ratification thresholds higher than simple majorities, reflecting practices in the Constitution of India and the U.S. Constitution. Certain entrenched clauses—such as presidential term limits and fundamental rights—required supermajorities or national referenda akin to mechanisms used in the 1979 Nigerian Constitution and the South African homelands constitutions. The amendment clause aimed to prevent easy alteration by ephemeral regimes like earlier juntas including the National Liberation Council.

Implementation and Effectiveness

Implementation faced challenges from economic crises involving the International Monetary Fund and structural issues in sectors linked to the Ghana Cocoa Board and state enterprises such as the Volta River Authority. Political fragmentation among parties like the People's National Party (Ghana), Progress Party (Ghana), and military actors undermined stability. Judicial enforcement by the Supreme Court of Ghana was constrained by resource limits and executive interference episodes traced to actors within the AFRC and the Supreme Military Council of Ghana.

Legacy and Historical Significance

Though superseded by the 1992 Constitution, the 1979 document influenced constitutional debates regarding executive restraint, civil liberties, and the role of the armed forces in politics. Its framers and critics—figures affiliated with the People's National Party (Ghana), NDC antecedents, and the legal community—invoked it in discussions leading to constitutional reform inspired by models like the Commonwealth and comparative experiences of Nigeria and South Africa. The 1979 constitution remains a reference point in scholarly work on Ghanaian constitutionalism, transitional justice involving PNDC policies, and the evolution of democratic institutions in postcolonial Africa.

Category:Constitutions of Ghana