HKP's Article 290 Proposal Threatens Presidential Term Limits

Ghanaians who are not in favour of the proposed presidential term extension from four to five years may have to reject two proposed amendments in case of a referendum.

The proposed amendment to Article 66 clause 1 of the 1992 Constitution seeks to extend the term of office of the President from four to five years.

However, the Prof H.K.P Committee’s report proposes to amend Article 290 of the 1992 Constitution to make Article 66 clause 1 cease to be an entrenched provision of the constitution.

This means that if the proposal is accepted by the Ghanaian voter, Article 66 clause 1 would no longer require a referendum to amend it.

Instead, it would require a two-thirds majority of Parliament, which is 184 members, to extend the President’s term.

The report states that the Committee recommends that all remaining provisions of the Constitution not listed as entrenched or semi-entrenched shall continue to be amended as non-entrenched provisions in accordance with the existing requirement of approval by not less than two-thirds of all Members of Parliament.

Therefore, it is safe to conclude that per its proposal, the HKP Committee is seeking to make Article 66 clause 1 of the 1992 Constitution a Non-Entrenched provision.

Effectively, Article 66(1) in that circumstance can be amended, upon approval by 184 Members of Parliament, to extend the term of the President beyond 4 years.

So even if the 5 year term proposal is rejected at a referendum, an easier channel would have been created for the term extension by design or inadvertence.

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