The President of the Ghana Bar Association (GBA), Mrs Efua Ghartey, has called for the establishment of a Constituent Assembly to thoroughly deliberate on proposals to amend the 1992 Constitution.
Speaking at the opening ceremony of the association's Annual General Conference in Ada on September 13, 2026, Mrs Ghartey said the number and scope of proposed amendments seeking to fundamentally alter significant parts of the 1992 Constitution could effectively result in the creation of a new constitution.
She therefore advocated a more consultative approach, arguing that a Constituent Assembly should be established to provide a platform for broader national discussion of the proposed constitutional changes, as had been done in previous constitutional processes.
According to her, previous constitutions were preceded by more extensive public consultations, while the current process of amending the 1992 Constitution has been comparatively less consultative.
She noted that the process had moved from a Committee of Experts appointed by the government to a Government White Paper and subsequently to an Implementation Committee established by the government to implement its proposals. She argued that this process did not provide the level of public consultation being advocated by the association.
Mrs Ghartey further proposed that the product of any Constituent Assembly should ultimately be presented to the Ghanaian people for approval through a referendum, in accordance with the provisions of the 1992 Constitution.
Several lawyers have in the past also argued that the establishment of a Constituent Assembly would not contradict Chapter Twenty-Five of the 1992 Constitution but could instead enhance the constitutional amendment process.
They contend that rather than having a Committee of Experts draft proposals and submit them for government approval, proposals, whether originating from the government or a committee of experts appointed by it, should first undergo rigorous debate by a Constituent Assembly before proceeding through the constitutional amendment process.
According to the lawyers, such an approach would be consistent with the spirit of the 1992 Constitution, particularly the principles expressed in its Preamble and Article 1(1).
The call formed part of several issues of significant national interest raised by Mrs Ghartey during her address to lawyers at the conference. The event was attended by the Special Guest of Honour, Mrs Oyinkansola Badejo-Okusanya, a Senior Advocate of Nigeria and the first elected female President of the Nigerian Bar Association.
