Ghana’s 1992 Constitution is more than a legal document. It is the rulebook that governs how power is won, how it is exercised, and how it is limited. It is the foundation on which every law, every institution, and every right in the country rests.
Understanding the Constitution is not just for lawyers and politicians. It explains why you can vote, why you can speak freely, why the courts can overrule the President, and why changing certain laws is so difficult. It is the document that makes Ghana a constitutional democracy rather than simply a country with a government.
This Accra Daily Mail article explains the 1992 Constitution in plain language. It covers its origins, its core principles, its structure, and the ongoing debate about how it might be reformed.
Quick Facts
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The 1992 Constitution is the supreme law of Ghana. Any law inconsistent with it is void to the extent of the inconsistency .
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It was approved by referendum on 28 April 1992 and came into force on 7 January 1993 .
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The Constitution establishes Ghana as a unitary, republican, presidential, and democratic state .
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Sovereignty resides in the people of Ghana, from whom all government power derives .
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The Constitution contains entrenched provisions that require a referendum to amend, and non-entrenched provisions that can be amended by Parliament .
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A Constitutional Review Committee has recommended amendments, including making some entrenched provisions easier to change .
The Origins of the 1992 Constitution
Ghana’s constitutional history is a story of experimentation and upheaval. Since independence in 1957, the country has had several constitutions, each shaped by the political circumstances of its time.
The 1992 Constitution emerged from a period of military rule. It was drafted by a Committee of Experts and deliberated upon by a Consultative Assembly, which included representatives from across Ghanaian society. The final document was subjected to a referendum on 28 April 1992, where the people of Ghana accepted it, with the condition that it would come into force on 7 January 1993 .
The Constitution was designed to prevent the abuses of the past. It establishes a system of checks and balances, protects fundamental human rights, and creates independent institutions to guard against the concentration of power.
The Core Principles
The 1992 Constitution rests on several foundational principles.
Sovereignty of the People
Article 1(1) declares that the sovereignty of Ghana resides in the people of Ghana, in whose name and for whose welfare the powers of government are to be exercised . This is the Constitution’s most fundamental principle: all government power comes from the people.
Supremacy of the Constitution
Article 1(2) provides that the Constitution is the supreme law of Ghana. Any other law found to be inconsistent with it is void to the extent of the inconsistency . This means no law, no executive action, and no customary practice can override the Constitution.
The Rule of Law
The preamble commits Ghana to the rule of law . This means that everyone, including the government, is subject to the law. No one is above it.
Protection of Fundamental Human Rights
Chapter 5 of the Constitution guarantees fundamental human rights and freedoms. These include the right to life, personal liberty, dignity, equality before the law, freedom of speech and expression, freedom of assembly, freedom of association, and protection from deprivation of property .
Separation of Powers
The Constitution establishes three arms of government: the Executive, the Legislature, and the Judiciary. Each has distinct powers and responsibilities, and each serves as a check on the others .
The Structure of the Constitution
The 1992 Constitution is organised into chapters, each dealing with a different aspect of governance.
The Executive
Chapter 8 establishes the Executive, headed by the President. The President is the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces. The chapter sets out the President’s powers, qualifications, term of office, and the process for impeachment.
The Legislature
Chapter 7 establishes Parliament, the legislative arm of government. Parliament has the sole power to make laws, approve the budget, and oversee the Executive. The chapter sets out the composition of Parliament, the qualifications for membership, and the legislative process.
The Judiciary
Chapter 11 establishes the Judiciary, which is independent and subject only to the Constitution. The Judiciary interprets the law, resolves disputes, and has the power to strike down unconstitutional laws and executive actions.
Fundamental Human Rights
Chapter 5 guarantees fundamental human rights and freedoms. These rights are enforceable in the courts, and any person whose rights are violated can seek redress.
Directive Principles of State Policy
Chapter 6 contains the Directive Principles of State Policy. These are guiding principles for governance, covering political, economic, social, and cultural objectives. They are intended to guide all citizens, Parliament, the President, the Judiciary, and other bodies in applying the Constitution and making policy decisions .
Decentralisation and Local Government
Chapter 20 establishes the system of decentralisation and local government, including the District Assemblies. It provides for the composition of assemblies, the role of District Chief Executives, and the District Assemblies Common Fund.
Other Chapters
The Constitution also covers territories, citizenship, laws of Ghana, representation of the people, the media, public services, chieftaincy, lands and natural resources, and the amendment process.
How the Constitution Is Amended
The 1992 Constitution is not frozen in time. It can be amended, but the process is deliberately difficult, especially for its most fundamental provisions.
Non-Entrenched Provisions
Non-entrenched provisions can be amended by an Act of Parliament supported by the votes of at least two-thirds of all members of Parliament . This is a significant majority, but it does not require a referendum.
Entrenched Provisions
Entrenched provisions are those that require a referendum to amend. These include fundamental human rights, the amendment process itself, and key governance structures . The process is rigorous:
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Before an entrenched bill can be introduced in Parliament, the Speaker must send it to the Council of State for advice within 30 days .
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The bill must be published in the Gazette twice, with an interval of three months between the two publications .
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After a further 10 days, the bill can be introduced in Parliament .
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A national referendum must be held before the bill is passed by Parliament .
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For the referendum to succeed, at least 40% of registered voters must vote, and at least 75% of those voting must approve the amendment .
This high threshold ensures that the most fundamental provisions of the Constitution cannot be changed without broad national consensus.
The Constitutional Review Debate
The 1992 Constitution has been in force for over three decades. In that time, calls for reform have grown.
A Constitutional Review Committee was set up by President John Dramani Mahama to gather public views and recommend amendments . The Committee’s report has proposed significant changes, including the creation of “semi-entrenched” provisions .
Under this proposal, certain provisions that currently require a referendum would instead require an enhanced parliamentary majority of not less than 75% of all Members of Parliament . This would make it easier to amend governance-enhancing provisions while still protecting the Constitution’s core.
The Committee has listed provisions it wants to make semi-entrenched, including Article 11 (the laws of Ghana), much of Chapter 5 on fundamental human rights, provisions on representation of the people, parts of Chapter 8 on the Executive, and provisions on the Police Service, Armed Forces, and decentralisation .
Some provisions would remain fully entrenched and protected from easier amendment. These include Articles 1 to 4 (supremacy and enforcement of the Constitution), Article 12 (protection of fundamental rights), Article 17 (equality before the law), Article 21(1) (general fundamental freedoms), and Article 23 (administrative justice) .
The government has announced that a Constitutional Review Implementation Committee will be inaugurated to harmonise the government’s position with the Committee’s report. Proposed amendments to non-entrenched clauses will go to Parliament, while entrenched clauses will be voted on in a national referendum, targeted to coincide with the next District Assembly elections .
What the Constitution Means for Ordinary Ghanaians
The Constitution is not an abstract document. It shapes everyday life in concrete ways.
It guarantees your right to vote and to stand for office. It protects your freedom of speech, assembly, and association. It ensures that if you are arrested, you have rights. It provides that your property cannot be taken by the state without fair compensation. It establishes the courts where you can seek justice if your rights are violated.
The Constitution also creates the institutions that govern your life: Parliament, the Presidency, the Judiciary, the Electoral Commission, the Commission on Human Rights and Administrative Justice, and the District Assemblies.
Understanding the Constitution is the first step to understanding how power works in Ghana — and how you can engage with it.
Common Misconceptions
“The Constitution only matters for lawyers and politicians”
The Constitution affects every citizen. It guarantees your rights, defines your obligations, and shapes the institutions that govern your life.
“The Constitution can be changed easily”
Entrenched provisions require a referendum with a 40% turnout and 75% approval. This is deliberately difficult to ensure broad consensus.
“The Constitution is a foreign import”
The 1992 Constitution was drafted by Ghanaians, deliberated by a Ghanaian Consultative Assembly, and approved by the Ghanaian people in a referendum. It reflects Ghana’s history and aspirations.
“The Directive Principles are not important because they are not enforceable”
The Directive Principles guide all branches of government in interpreting the Constitution and making policy. They are a barometer by which the people can measure the performance of their government.
“The Constitution cannot be criticised”
The Constitution is a human document, not a sacred text. It can and should be debated, criticised, and where necessary, amended through the prescribed processes.
Frequently Asked Questions
What is the supreme law of Ghana?
The 1992 Constitution is the supreme law of Ghana. Any law inconsistent with it is void to the extent of the inconsistency .
When did the 1992 Constitution come into force?
It came into force on 7 January 1993 .
How can the Constitution be amended?
Non-entrenched provisions require a two-thirds majority in Parliament. Entrenched provisions require a referendum with at least 40% voter turnout and 75% approval .
What are entrenched provisions?
They are provisions that require a referendum to amend. They include fundamental human rights, the amendment process itself, and key governance structures .
What are the Directive Principles of State Policy?
They are guiding principles for governance, covering political, economic, social, and cultural objectives. They guide all branches of government in applying the Constitution and making policy .
Can I challenge a law I believe is unconstitutional?
Yes. Any person can bring an action in the Supreme Court alleging that an enactment or act is inconsistent with the Constitution .
What happens if the government ignores a Supreme Court order?
Failure to obey a Supreme Court order constitutes a high crime under the Constitution. For the President or Vice-President, it is a ground for removal from office .
What to Remember
The 1992 Constitution is Ghana’s rulebook. It establishes the framework of government, protects fundamental rights, and limits the exercise of power. It is the document that makes Ghana a constitutional democracy.
The Constitution is not perfect. It has been criticised for concentrating power in the Executive, for the hybrid system that allows MPs to serve as Ministers, and for the difficulty of amending entrenched provisions. The ongoing review process is an opportunity to address these concerns.
But the Constitution’s core principles — sovereignty of the people, supremacy of the Constitution, the rule of law, and the protection of human rights — remain the foundation of Ghana’s democracy. Understanding them is the first step to defending them.
Source: The Accra Daily Mail
Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of The Accra Daily Mail, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.
