WHAT CAN THE MEDIA DO WHEN THERE IS A DEFECT IN THE CONSTITUTION?

 Story: Mary Ankrah

The media is interpreted as the fourth estate of the realm or fourth arm of government. The role of the media is to act as the eye of the society and also keeping the other arms of government thus, executive, legislature and judiciary checked. It also serves as intermediaries between the government and the public. As such, they communicate government policies to the public and send feedbacks to the government in order for government to draw policies that will benefit the society in enhancing development and growth.

In chapter twenty-five Article 289 of the 1992 Constitution of Ghana states that , “parliament may by an Act of parliament, amend any provision of the constitution if the sole purpose of the Act is to amend the constitution and the Act will be pass in accordance with this chapter.”  

In regards to that article, though the media has a significant role to educate the public about the laws or Acts in the constitution for the benefit of the citizens and society, it has no power as the fourth arm of government to change any law in the constitution. The media through its programmes and discussions can only make suggestions to the Constitutional Review Council for amendment in parliament. 

What the media can do when there is defect in the Constitution

The constitution is the supreme laws of the state and contains the laws that governed the country.

First and foremost, the media’s social responsibility role bestows some obligation on the part of the media to society. While the media inform, educate and entertain they give individuals in the community access to say their views. Thus, anyone who has something of significance to say will be allowed a forum to do so. As such, when individuals or personalities identify a defect in the constitution that negatively affects the governing of the country; they media can bring it up to obtain public opinions. 

They indirectly or directly could make suggestions to the Constitutional Review Council or parliament for amendment. In so doing, the media helps define whether a particular law is good or bad for the country.

For instance, there was controversy in the Citizenship Act (94) in 2000. Restrictions such as contesting for a Member of Parliament and holding some sensitive positions that may be argued to be relevant to all of dual citizenship except those by birth are applied to all classes of dual citizenship, Ghanaians by birth included. A case was when Dr. Samuel Amoako, a naturalized US citizen and a Ghanaian by birth was forced to renounce his US citizenship to comply with Article 94 (2) (a) of the constitution. 

However, later, when a similar case surfaced in the matter of Dr. Vanderpuje, the current Mayor of Accra who holds a dual citizenship, a loud argument was made by certain individuals that he is a Ghanaian by birth and should be left alone to assume his appointment even though Article 94 (2) (a) was and still in the constitution. 

The lesson here is that there is the need for an amendment of the odious Article 94 (2) (a) to operate as in the case of Vanderpuje without any scent of arbitrary and whimsical interpretation and enforcement of the constitution. Some member of parliament raised the issue in the media pointing the defect of that Act in the constitution for redress.  Indeed, it was one of the top news debates on all the media outlets that called on authorities for reviewing of such Act in the constitution. 

Secondly, another way the media could help when there is a flaw in the constitution is by setting an agenda for the public to debate on the shortcomings in the constitution. They could bring to the society the defect in the constitution they think should be looked at. The aim of the media agenda setting role is to get reactions from the public. And by the way the media select and present the information; it makes government aware of those flaws in the constitution which needed to be altered. 

The framing of the information may help the public better understand issues, although that will depend on their motivation to seek out multiple sources of news. Newspapers for instance publish stories reporting the viewpoints of the public and action taken in public meetings concerning the constitution and on their editorial pages they express their reactions and make suggestions the need to make corrections to such abnormality in the constitution or government policies.

In conclusion, a free and effective media could play a vital role in improving good governance and development economically, socially, politically and culturally. It must help create awareness and educate the society on the laws of the country.