Respected lawyer, Tsatsu Tsikata, has lamented about the abandonment of the Constitutional Review Committee set up by President John Evans Atta Mills and chaired by Professor Albert Fiadjoe, a distinguished academic.
According to him, although there are discussions ongoing from a variety of perspectives about a review of the 1992 Constitution, “it is unfortunate that the important work of this Committee is not informing much of the talk of constitutional reform”.
In this regard, he rubbished the often touted claim that the 1992 Constitution was specifically designed to empower, as well as protect the man who assented it into law, the late Flt Lt. Jerry John Rawlings, first President of the Fourth Republic.
“When I hear a call for review of the Constitution that is based on the wholly false premise that it was a Constitution just designed for Flt. Lt. Rawlings, I wonder if it is just ignorance or brazen falsehood or perhaps a toxic combination of the two that is on display”.
Mr Tsikata, who spoke at a commemorative lecture on Tuesday, to mark the 10th anniversary since the passing of the late President John Evans Atta Mills, described the commentary on the 1992 Constitution with reference to President Rawlings, as “uninformed talk”.
The lecture was on the theme: “The man John Evans Atta Mills – Ten years on”, it was organised by the J.E.A. Mills Memorial Heritage.
He, therefore, called on the Chairman of the occasion, Nana Otuo Siriboe II, the Omanhene of Asante Juaben, who is the Chairman of the Council of State, to in his capacity as a member of the 1992 Consultative Assembly, enlighten the people on the promulgation of the 1992 Constitution, especially how the 1979 Constitution, became its reference document.
“Nana Chairman, I recall that you were a member of that 1992 Consultative Assembly and you were also a member of the 1979 Constituent Assembly that drew up the 1979 Constitution. So you are eminently qualified to speak with authority to draw attention, for instance, to how much work on the 1992 Constitution took the 1979 Constitution as a starting point”.
“I humbly request people like you to speak up, because there is, I have to say, some very uninformed talk about the 1992 Constitution that gets an audience…..You, Nana Chairman, played a history-making role, together with others, in respect of the Constitution and I hope, therefore, you will not be offended by my request”.
He argued that “I have no doubt that it will be beneficial for those concerned about the need for constitutional reform to benefit from the important work not only of this Review Committee but also of the Committee -under the Chairmanship of Nana Dr. S.K.B Asante -which worked on the 1992 Constitution and presented it to the Consultative Assembly.
“Many aspects of our current predicament as a nation, in any case, are not addressed by constitutional reform. When we are dealing with corruption and its negative impact on our development, when we talk about the weak institutions that we have or the complicity in wrongdoing of people supposed to play important roles to check abuse of power, changing provisions in the Constitution will not resolve those issues.
“When we talk about issues concerning remuneration for Article 71 office-holders, it is really not an issue of constitutional reform; it is an issue of what a State with limited resources should pay to various people in public service and the relativities of different levels and contexts of service.
“The single spine salary adjustment process involved some consideration of relativities which will always be important. It is understandable that concerns arise as to why part-time work as a Member of the Council of State should go with a level of monthly remuneration that is about twenty times that of a full time teacher and with an end of service package as well.
“More especially when a number of the members of the Council of State retired on their salaries as public servants. In all this we each have our personal responsibility for assessing what is the right thing for the nation.
“It is the essence of the legacy of integrity of President Mills that it was never about himself but always about the welfare of others, the good of the nation. Discussions on reform of the Constitution are important and necessary but they must not distract attention from pressing issues about harsh living conditions, issues about the crisis of the economy and excessive borrowing, etc nor be a way of taking focus away from addressing the corruption that is rampant in our midst.
The event which was held at the Accra International Conference Centre, attracted personalities such as the National Chief Imam, Sheikh Usmanu Nuhu Sharubutu; the Agbogbomefia of the Asogli State, Togbe Afede XIV, who is also the Chairman of the Advisory Council of the J.E.A. Mills Memorial Heritage, family members of the late President, including his brothers, Dr Cadman Mills and Samuel Atta Mills, his son, Samuel Kofi Atta Mills, some National Democratic Congress (NDC) Members of Parliament, led by the Minority Leader, Haruna Iddrisu, some leading members of the NDC such as Prof. Kwesi Botchwey, Kwame Peprah, Kwesi Ahwoi, members of the diplomatic corps and many former officials who served in Professor Mills government, including the Chief of Staff, John Martey Newman.
Also in attendance were top officials of the opposition NDC, including the party’s running mate for the 2020 Presidential election, Prof. Naana Jane Opoku-Agyemang; National Chairman, Samuel Ofosu Ampofo; the General Secretary, Johnson Asiedu Nketia, and scores of party supporters.
Speaking specifically on the character of President Mills, Mr Tsikata, advocated that Ghanaians, especially the youth to make integrity a critical requirement in who is placed in leadership position at all levels of national life.
According to him, this is important because corruption is more costly to the youth.
“Simply because they have a longer span of future ahead of them. What is squandered ahead of them, leaves the youth with less resources to fix the country to be the kind of country we want,” he said.
He posited that, the public expects leadership to maintain honesty and integrity, thus failure to do so is exposing the country to greater risks.
According to him, the public expects all of us to maintain honesty and integrity in all we do while citing the protest held in Sri Lanka.
Mr Tsikata, also extolled the virtues of the late former President, John Evans Atta Mills and asked the current leadership of the country to emulate.
“At the time when corruption and political vengeance and the abuse of power were on full display in the incumbent government and when Ghanaians were tired of the cycles of vengeance in our politics… Prof Mills was breath of fresh air.
“His election showed that character and virtue remain at the heart of human aspirations and that even in politics integrity matters,” he added.
“President Mills was a man with a deep devotion to Ghana and to public service. From his days as a lecturer at Legon, teaching both at the Faculty of Law and the School of Administration (his subjects being Company Law and Tax Law), through the time of his involvement in reform of the country’s revenue agencies and, then, his becoming Vice-President and, eventually, President, his life was one dedicated to the country.
“He did not seek to enrich himself or his family or friends in the course of any of his commitments to serve. His simplicity, humility and modesty, combined with his integrity, meant that he was fundamentally seeking the public good and not his personal benefits. As President, he would often sacrifice personal comfort and convenience to spare the nation undue expense on himself.
“He was frugal about expenditures at the Presidency and, thus, set an example for his staff and for his Ministers and other public servants. It was never about his entitlements, but rather what the people he was dedicated to serving were entitled to expect from a leader like him. Sadly, some believe that politics it is all about winning power, with no moral boundaries, all about enriching one’s self. President Mills was the polar opposite of that mentality.
“On 18th June 2008, speaking at a forum organized by the Institute of Economic Affairs (IEA), he said, with deep meaning: “There can be no doubt that the 2008 election is also about leadership and character, about the human qualities of the person into whose hands the people of Ghana are going to entrust their future. I, Atta Mills, bring to the table the core values of truth, honesty and humility which have guided me through life. I believe political leadership and decency are not mutually exclusive.” Throughout President Mills’ political life, he maintained his human decency. This was, in fact, an important part of his political capital.
“He did not need to make promises or proclamations about his integrity; he lived integrity! The fire of integrity was evident in his famous encounter with Customs officials at the Tema Port when he was calling the officials to order over the corruption among them that was eroding the revenue base of the nation. He could express himself so vehemently and categorically because he himself embodied the virtue he was demanding in others. President Mills angrily turned away anyone who tried to make approaches to influence him with money.
“I recall an account he gave of some business people -soon after he was sworn in as President -making overtures of “arrangements” which they indicated they previously had which they wished to continue, involving making monetary provision for his needs! He drove them away fiercely, with a warning that if he heard that anybody in his Government was accepting any payment from them, they and the recipient of the payments would be in serious trouble. We all know that it could never be said of President Mills – whether by the Chairman of his own party or anybody else – that he himself was receiving everything at the Castle and not allowing anything to come to the party! He valued the peace and unity of the country so much that he would not be goaded into seeking political vengeance by making people in the previous administration targets of persecution during his Presidency.
“Though he was under pressure to expose wrongdoing that had taken place previously, he considered that his priority was to focus on the development of Ghana and the wellbeing of her citizens within a framework of unity. President Mills was not one to orchestrate the jailing of people he considered political opponents.
He absolutely meant it when he said even before becoming President, that he was going to be a President for all Ghanaians, irrespective of political party affiliation. He said in that speech I quoted earlier: “I am committed to a decent, honest, humble and truthful government to mend the broken trust between government and the people. I will be President for all Ghanaians; not the NDC, not my family, not my friends. .. I want to leave an enduring legacy of a peaceful and united country where there is opportunity and prosperity for all. And I want to be remembered as the President who restored honesty, truth and sincerity to government.”
These words, spoken with conviction and absolute sincerity, reflected the fact that his character was a major part of what he was offering the nation; they reflected his assurance to us that he would not be succumbing to the temptations of political power. He lived up to those declarations totally. He was a “Father for all” as, indeed, a President should be.
“That may not exactly have been music to the ears of some NDC faithfuls, but President Mills said what he believed was the right thing to do and he meant every word of what he said. The accolade, Asomdwehene, “King of Peace”, conferred on him by popular acclamation, was a recognition of his preoccupation with the peace and unity of the nation.
“That was also his nature, his temperament; peace-loving, soft-spoken; but, make no mistake about it, he was firm in his convictions and would not yield to the dictates of others. When after the 2004 elections, there were calls on him to reject the results because of the way the role of the Chairman of the Electoral Commission was usurped and the collusion between certain officials in the Electoral Commission and the incumbent Government, he insisted that it was not worth spilling a drop of blood in the country simply because he was being denied the opportunity to serve as President. However flawed that result was, he decided not to contest it.
“He obviously believed he would live to fight another day. That was disappointing, even unacceptable, to some but that was his conviction. Being such a peacemaker was not a weakness, it was a mark of wisdom and maturity in a very polarized country. Those who thought his peaceful nature meant they could have President Mills do their bidding soon found out, to their chagrin, that they could not have their way with him. A hockey team -mate of his has used the word “grit” to describe to me how focused President Mills was on the hockey pitch, especially within that half-moon in the opponents’ half. That grit was to serve him well in his leadership roles and as a person. Of course, he was a great team player and always paid attention to the perspectives of others.
“This was also very valuable to him when he first got into the NDC and during his service as Vice-President and Chairman of the Economic Management Team. Even as President, he relied on his team in his role as the striker. President Mills had a tremendous work ethic. He applied himself tirelessly to whatever assignment he was undertaking; he could never be accused of laziness. Even in the period when he was not in good health, he kept pushing himself to work right until he had to be taken to the hospital. He knew how to face tough times with a determined spirit and with a focus on what he considered the essentials, an aspect of the grit that was his hallmark.
“He was insistent on being punctual and would not accept the typical excuses we often make for starting meetings or functions late. Here, again, he led by example. All these attributes of President Mills, his integrity, particularly, were anchored in his Christian faith, which clearly gave him the inner strength to be himself and to stand his ground. His faith was a matter of the heart and not about outward appearances or symbols.
“He understood the words of Jesus Christ in John 4:23-24: “But a time is coming and has now come when the true worshipers will worship the Father in Spirit and in truth, for they are the kind of worshipers the Father seeks. God is Spirit and His worshipers must worship in the Spirit and in truth”. As President, he held a small gathering of worship and prayer on Sunday afternoons in a room between the President’s living area in the Castle and the office that was known as the chapel.
“There were those who ridiculed this and said he had turned the Castle into a prayer camp! I am told he was at that gathering on the Sunday, 22nd July 2012, before the Tuesday, 24th July 2012 when he died. For President Mills, “to live is Christ and to die is gain.” (Philippians 1: 21) He strove to be Christ-like and chose to build for himself treasures in heaven, not on earth. He remained humble throughout his life, never assuming superior airs over others, always giving thanks to God for his life and recognising that he was a creature, just like others.
