The Legon Law Lecture Series, during the 2023 Alumni Homecoming Week, centered on the theme 'Entrenching Consensus and Legitimacy: Lessons from the Consultative Assembly for Reforming the 1992 Constitution.' Retired Justice Stephen Alan Brobbey, previously a Justice of the Supreme Court of Ghana and Chair of the Legal and Drafting Committee of the 1992 Consultative Assembly, passionately explored the assembly's pivotal functions.
Regarding the PNDC's impact on the 1992 Constitution, he emphasised, “It was always asked if the government of the day had any influence on the drawing of the 1992 Constitution, the direct answer to this question is factually in the negative."
Retired Justice Stephen Alan Brobbey
Justice Brobbey shed light on the intentional selection process by the PNDC, stating, "PNDC did not impose leaders on members of the assembly. The groups acted on their own and selected their own known members." Clarifying the assembly's composition, he noted, "Members came from diverse backgrounds. Influence, as many presumed, wasn't as pronounced. "Members of the tribunals came from different backgrounds. We could not have been influenced as many thought." He highlighted the Ghana Bar Association's boycott of the assembly, clarifying that while they officially abstained, lawyers were present representing occupational or vocational groups. "It is not really right to say that the constitution was drawn by fishermen and draftsmen and carpenters and the rest of them; it was an assembly 'without lawyers' dominated by lawyers."
Retired Justice Jacob C. Amonoo-Monney
Co-speaker Justice Jacob C. Amonoo-Monney, a Retired Justice of the Court of Appeal and Deputy Chairman of the Legal and Drafting Committee, stressed the need to reassess Article 78(1) of the constitution. He pointed out that the majority of ministers need not necessarily be appointed from among parliament members, as it might compromise their effectiveness as constituency representatives. He expressed, “There will certainly be a tendency for them to give priority attention to the work as ministers of state, which offices they hold at the pleasure of the president, over and above their duties as representatives of their constituencies.” Addressing Article 78(3), Justice Amonoo-Monney questioned the provision determining whether a minister can hold an office of profit, suggesting that the appointing president should make that determination.
Acknowledging the 1992 Constitution's imperfections, he urged Ghanaians to move beyond complaints about presidential powers. Stressing the human factor, he stated, "All speakers operate the same constitution, they have the same standing orders. Can you tell me if there is any difference in how they operate along the line? Did one have more power over the others? It's the human element that matters."
The session actively encouraged student inquiries, fostering an interactive and engaging atmosphere for clarifications on various discussion aspects.