Stakeholders call for constitutional review of law governing presiding member elections 

Stakeholders at a Constitutional Review forum in Bolgatanga have called for an amendment to the law governing election of Presiding Members for District Assemblies across the country, proposed requirement be changed to a simple majority. 

According to the stakeholders, the current provision under Article 244(2) of the 1992 Constitution—which requires a nominee to obtain a two-thirds majority of all Assembly Members—makes it difficult for many nominees to meet the threshold. 

They noted that the strict nature of the constitutional provision has resulted in repeated failures by many Assemblies to elect Presiding Members, thereby stalling their operations and delaying implementation of development initiatives. 

Participants at the zonal engagement included representatives from state and non-state institutions, civil society organisations, traditional leaders, the media, and other interest groups. 

Article 244(1) of the 1992 Constitution states: “The District Assembly shall have a presiding member who shall be elected by the Assembly Members from among its members.” 

Further, Article 244(2) states: “The Presiding Member shall be elected by at least a two-thirds majority of all the members of the Assembly.” 

Under the current law, the Presiding Member, who serves a two-year term and is eligible for re-election, presides over meetings of the Assembly and performs other functions of the Assembly as prescribed by law. 

Mr Mark Akubire, Upper East Regional President of the Ghana Federation of Disability Organisations, who raised serious concerns, noted that the inability of nominees to meet the constitutional requirement had become a common issue, particularly in the Upper East Region, leading some Assemblies to operate without Presiding Members. 

“The percentage required for the confirmation of Metropolitan, Municipal and District Chief Executives and the election of Presiding Members is worrisome.  

“The two-thirds majority instead of a simple majority has caused Assemblies to spend huge sums of resources convening repeated meetings, that could have been directed toward development projects,” he said. 

He also advocated a constitutional amendment to require the President to appoint a person with a disability to the Council of State, ensuring that the concerns of vulnerable persons are prioritised at the highest level. 

Madam Evelyn Abingde, Talensi District Girl Child Education Officer, called for harmonisation of laws regarding the age of consent for sex (currently 16) and the legal age of marriage (18). 

According to her, the inconsistencies in the laws promote promiscuity and contribute to rising cases of teenage pregnancies and child marriages. She urged the Constitutional Review Committee to factor this into their recommendations. 

Dr. Rainer Akumperigya, Secretary to the Constitutional Review Committee, expressed optimism that views gathered from the forum would inform the Committee’s recommendations toward a constitution that addresses the needs of the people while promoting transparency, equity, and accountability. 

Source: GNA

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