A private legal practitioner, Yaw Oppong, says the indemnity clauses and transitional provisions in Ghana’s 1992 constitution will be best left untouched in its current state.
He explained to Citi News that Article 37 of the constitution makes it impossible to amend sections 34 and 35 which capture the indemnity clauses.
His comments are on the back of calls by former president Jerry John Rawlings for a review of the indemnity clauses during the commemoration of the June 4 uprising on Tuesday.
These clauses were supposedly inserted in the constitution to protect him [Rawlings] and others after their roles in the overthrow of governments.
While acknowledging that this isn’t the first time such a call has been made, Yaw Oppong added that nothing can be done to amend the provisions.
“I think that at best, we should just leave sleeping dogs to lie where they are. If anybody attempts to overthrow this constitutions or portions of it or any portion of it, we should fight that person.”
Mr. Rawlings surprised many when he made the call, arguing that there were too many indemnity clauses that do not serve the national interest in the constitution.
The former President insisted that “an urgent constituent assembly ought to be established with the necessary powers to rewrite the constitution.”
“Over the years, the indemnity clauses have emboldened certain characters to abuse their offices and profit themselves. The constitution of the Fourth Republic was created by us, for us and to serve us, and in light of the 25 years, there is an unqualified need to reform or rewrite our current constitution.”