I decided to write this essay after reading a report titled “Religious tolerance in Ghana commendable-Prof Muller” (Ghanaweb, 8 Mar 08). Professor Klaus Muller, a professor of philosophy at Munster State University, Germany, brought 30 students to Ghana as part of a student exchange program between St. Victors Seminary in Tamale and the University of Munster. During the visit, Professor Klaus Muller is reported to have observed “a high sense of maturity on the part of the leadership of the religions groups, which was important for national unity and development…”

That piece garnered just 6 comments, the more insightful being comments by Ankonam and John Agama. What surprised me, however, was the fact that Professor Muller did not make any reference to the primary organizing framework of Ghanaian society, the Constitution of Ghana. Although Prof Lungu would ordinarily not expect a de Tocquevilian assessment of “religious tolerance” in Ghana from Prof Muller, it struck me as regrettable that a Professor from secular Germany would be so unconscious of the role of the Constitution of Ghana in the item of the interest to his 30 German students. I thought that the students missed an important teachable moment on Ghanaian/African advancement and socio-political organization. But this essay is not about Prof Muller.

This essay is about Ghana and the Mullerian tendencies Prof Lungu has observed in many of the leading and most vocal members of the current NPP administration, the Opposition, and high level government officials. For instance, as long as I have been studiously following events in Ghana, at least during the last 5 years, I do not recall reading or hearing the President of Ghana, Mr. Kufour, cite the Constitution of Ghana as the bedrock for any of his government’s decisions or for any other actions, whether meaningful or inconsequential. The failure to refer to the Constitution of Ghana as the foundation for political and social action, and to identify it as the bedrock of stability for Ghana is astounding, particularly when it is always reported that the President of Ghana actually earned a law degree from Oxford University, England.

The other point about this essay is to say that although the Constitution of Ghana needs some important Amendments, it is nonetheless important that Ghanaians refer to it as the framework for civic, political, and social discourse. The fact is, a lot of the information in the Constitution is not specialized but rather, is information you would expect citizens to freely have and use in the democracy, as they go about understanding what their roles are, what underpins the actions of the government, and how to rally behind the government as One Nation. After all, a solid foundation for just that discourse and awareness was laid more than fifty years ago, and with the renewal, even with all the warts, in 1992.

Six Practicalities of Ghana-Constitution-speak & Practice: I present below six cases where citation and reference to the Ghanaian Constitution by Ghana’s Chief Executive makes sense and is unpardonable to neglect to do.

1. When Sudanese-born British mobile communications philanthropist, Dr. Mo Ibrahim, arrives to interview you for a possible multi-million dollar reward for good governance (Ghanaweb, 21 Apr 08), you do not tell him you are “into politics to serve the people and nation…(and are)… determined to end…(your)… term of office well and on a high note…,” and leave it at that. No, you tell him Ghana has a Constitution. You tell him it is what you pray for - for wisdom, courage, and perseverance - to uphold and defend that Constitution for the benefit of all Ghanaians (not just for NPP, your supporters, friends like Dr. Anane, and the police chiefs you’ve allowed to remain in their positions even as they have lost uncountable volumes of ceased narcotics and assets. Try that!

2. When a recently divorced/re-married pastor visits you at the Castle trumpeting his new spouse and flaunting his Christian ministry, you tell him Ghana is a secular state, that the Constitution allows religious privacy for every Ghanaian soul, that you will not cheapen the office of the Presidency by seeing him and his mid-night bride, as a “moral” example.

3. When the Castle increasingly becomes “the grounds to announce funerals” (Oyokoba, Ghanaweb 24 Apr 08) of certain “important people,” you tell them the Constitution treats all Ghanaians equal. You tell them according to the Constitution of Ghana, all the 1000-plus odd chiefs deserve the same “treatment’ and recognition, and that given the size of the population and human needs in the local areas, that it is more useful and safe to stay at home and use local resources to develop local areas. You also tell that incidentally, you have very important national matters to attend.

4. And in a moment of semi-deep reflection and spiritual exuberance, when you feel like lecturing and counseling the Ahmadiyya Muslim Mission that “religious faiths…(should)… accept the duty of preaching the message of peace and love…(that)…Issues of race, religion, geographical location or gender…should never be allowed to disrupt human interactions and disturb the harmony of the society…(Ghanaweb, 17 Apr 08), you do not just end there. No, you tell them the Constitution of Ghana says so. You tell them the foundation for their success as a minority religion is protected by the Constitution of Ghana, that in the eyes of the government all the religions are equal. That ought to be the elementary “lecture”.

5. When you are addressing the National May Day Parade (1 May 08), the last one of your Presidency, and you inform Ghanaians that “request for funds for the…2008 polls submitted by the Electoral Commission (EC) to the Government has been met in full…(that)…the Government stood ready to meet any subsequent legitimate demand the Commission would make…,” whatever “legitimate demand” means, you tell them why you are interested in providing support at 100%. You tell the EC it is the Constitution that they must uphold and that it is the same on your side. You tell the EC the Constitution requires a lot from the EC in 2008, that all Ghanaians, regardless of their location, language, status, income, education, or gender, etc., must be provided with equal opportunity to register to vote (and vote), safely, and timely.

6. When in a moment of intellectual re-awakening you feel like lecturing the Kabaga of Buganda of Uganda, Ronald Muwenda Mutebi, (Ronald for an African Chief?), and the Asantehene, Otumfuo Osei Tutu II, (Ghanaweb, 21 May 08), about the necessity “…for continued accommodation and respect between the modern political system and chieftaincy institution to promote Africa's development...(that)…Chiefs…should support the modern political arrangement using their shared values to bring about more cohesion in the society...” you should not be so clueless and silent about the Constitution. No, you tell everyone that the basis/authority for your counsel is the Constitution of Ghana.

ITEM: This essay is yet another shot at contributing to the discourse about the promise of Ghana and the democratic nation Ghana is becoming. The source of that promise is unquestionable the Constitution of Ghana, with all its warts at this time. It is not religion. Black Hero, in a comment on “THE OUTSIDER: So much for African unity, eh?,” (Ghanaweb, 23 May 08), makes the case that Africans (and Ghanaians) have important differences that must be especially nurtured at the level of the nation, as a requirement for “African/Ghanaian Unity.” I agree, up to a point. I agree that there are differences, but I will argue that those “ethnic/language” differences are probably not so significant for Ghana. The failure of leadership, vision, and intellect among those in high positions, probably have a bigger role to play in Ghanaian “disunity.” The Constitution is a great unifier but it is greatly undervalued and under-fed by Ghana’s Chief Executive and Ghana’s numerous “Honorables.” The Constitution is, and must be, the bridge to One-Inity-and-Development!

The way Prof Lungu sees it, all Ghanaians have a role in informing themselves about the Constitution of Ghana and making sure they understand when and why a government action, decision, or inaction, might be a violation of the Constitution. This role is obviously more important for the Chief Executive/President of Ghana. If you think that the 6 cases are far-fetched and not useful as “Teachable Moments” for socialization purposes, that Prof Lungu is full of it for arguing that it is a significant failure on the part of Prof Muller to ignore the Constitution of Ghana and for President Kufour to be so nonchalant about that document, say so. If you decide to respond, please do not neglect to explain how “A high sense of maturity on the part of the leadership of the religions groups,” has actually manifested itself in the area of high “national development” and national unity, more than the Constitution of Ghana, compared to other groups.

NOTE: 1. The Constitution of Ghana is hosted by the Judicial Service of Ghana, at http://www.judicial.gov.gh/constitution%20of%20ghana/home.htm

2. See also “Oath of Allegiance” at http://www.ghanaweb.com/GhanaHomePage/republic/constitution.php?id=Gschedule2.html

3. For more Ghana-centered information, data, and insights visit www.GhanaHero.com.

Prof Lungu Tokyo, Japan 24 May 2008

Email: professor.lungu@yahoo.com