What is the legal basis of ORAL?

The President’s authority to establish a constitutional review commission or committee is derived from Article 278(1) of the 1992 Constitution of Ghana. It states that: “The President shall, by constitutional instrument, appoint a commission of inquiry into any matter of public interest where…”

The question that arises then is whether a review of the Constitution can be classified as a matter of public interest, thereby granting the President the authority to establish a committee/commission for such a purpose.

Recall, that the 2010 Constitutional Review Commission, appointed by then President John Atta Mills, was established under the Constitution Review Commission of Inquiry Instrument, 2010 (C.I. 64). The C.I. indeed defined the terms of reference for the Commission.

In the case of the ORAL however, the contention lies in the fact that, prior to assuming office, the President-elect was only a private citizen and did not have the constitutional authority to undertake executive actions. Thus, the capacity in which the then President-elect formed ORAL remains legally questionable.

It would be misguided to assume that questioning the legal basis of ORAL amounts to supporting corruption. I’m not sure of the exact motive behind its formation but ORAL appears to be a populist initiative designed to exploit public sentiments, creating an illusion of fighting corruption which in reality, you’re not.

A genuine fight against corruption must be broad, comprehensive, and impartial. It cannot be limited to targeting perceived corruption among only political opponents, as such a selective approach undermines its genuineness.

Kwasi Kwarteng, Esq

Private Legal Practitioner/ Fmr Spokesperson, Education Ministry

Read also…

Mahama’s ‘Thank You Tour’: ORAL is here for us, we fully support it – Togbe Afede

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