The Chapter 25entrenched provisions of the 1992 Constitution, thus sanctions alteration of constitutional provisions effected in strict conformance, with the Chapter 25, titled “Amendment of the Constitution”, that is, the processes and procedures carefully circumscribed under it. The legitimate question is what triggered this instant constitutional litigation? Invoking the powers invested in him pursuant to article 289 of the 1992 Constitution, the President set up a ten member Constitution Review Commission (CRC), under the Constitution Review Commission of Inquiry Instrument, 2010, C.I. 64. The CRC was mandated to do the following: To ascertain from the people of Ghana, their views on the operation of the 1992 Fourth Republican Constitution and, in particular, the strengths and weaknesses of the Constitution; To articulate the concerns of the people of Ghana on amendments that may be required for a comprehensive review of the 1992 Constitution; and To make recommendations to the Government for consideration and provide a draft Bill for possible amendments to the 1992 Constitution.
11.It is Plaintiff’s case that the combined effect of Article 289(1) and 297(c), the implied powers doctrine and the predicate-act canon of interpretation is that Parliament’s power to amend the Constitution includesany and all the incidental powers necessary for the accomplishment of the express power so conferred, including but not limited to the power to initiate amendment bills, hold hearings in committee, pass legislation to guide any review or reform of the Constitution or to deploy such other methods or processes as Parliament may deem necessary that are not inconsistent with the Constitution… 13… Plaintiff further submits that Parliament’s power to propose amendment bills to the Constitution is plenary. A plenary power or plenary authority is the separate identification, definition, and complete vesting of a power or powers or authority in a governing body or individual, to choose to act (or not to act) on a particular subject matter or area.Parliament’s power to propose constitutional amendment bills under Article 289(1) is plenary and exclusive in that the Article separately identifies, defines and completely vests the amendment power in Parliament and only Parliament…. 14.It is a well established constitutional principle that “the assignment of a plenary power to one body divests all other bodies from the right to exercise that power, and where not otherwise entitled; also, the right to
the Commission, to gather views from Ghanaians on proposals to amend the Constitution. The enactment under reference is the Constitutional Review Commission of Inquiry Instrument, 2010, (C.I. 64). The terms of reference of the Commission were the following: (a) to ascertain from the people of Ghana their views on the operations of the 1992 Constitution and, in particular the strengths and weaknesses of the Constitution; (b) to articulate the concerns of the people of Ghana on amendments that may be required for a comprehensive review of the 1992 Constitution; and (c) to make recommendations to the Government for consideration and provide a draft bill for possible amendments to the 1992 Constitution. The Commission completed its task and submitted its report to the President. Upon receipt of the report, the President caused a White Paper to be issued in accordance with the provisions of Article 280(3) of the Constitution, signifying a general acceptance of the report, with some changes though. In order to implement the recommendations covered by the White Paper, the President set up a Constitution Review and Implementation Committee (CRIC), hereafter called the Committee. The Committee has since submitted some draft bills to the Government whch in turn has passed them on to Parliament to commence the amendment process envisaged by Articles 289(1), 290(2) and 291(1) of the Constitution. The plaintiff contends that none of these steps could be said to be legal having regard to the provisions of Chapter 25 of the Constitution which deals with amendments to the Constitution, whereby Parliament is given sole responsibility to initiate and take all steps it deems necessary aimed at amending the Constitution in its own appointed time. The President can neither decide when an amendment to the Constitution should take place, nor dictate the pace or steps to follow to achieve the purpose. It is largely for these reasons that the plaintiff came to this court seeking these reliefs: A declaration that the Constitution Review Commission of Inquiry Instrument, 2010, C.I.64 is null, void and of no effect as it contravenes the letter and spirit of Article 289(1) of the 1992 Constitution, in that the effect,