The chairman of the Constitution Review Committee says Ghana should reform the Council of State rather than abolish it, arguing that the institution plays a critical role in a deeply polarised political system.
Prof. Henry Kwasi Prempeh, speaking on Joy News on December 25, said Ghana’s politics necessitates an institution that sits in the middle.
“We run a very polarised politics, and every now and then you need some institution in the middle,” he said.
He described the Council of State as one of Ghana’s unique constitutional innovations, rooted in traditional governance. “It would be sad that the only thing we’re going to throw away is the one institution that we think looks authentically Ghanaian,” he said.
Prof Prempeh acknowledged that public dissatisfaction with the Council of State is real. “There is a problem with the Council of State, so you have to fix it,” he said.
He said the committee gathered evidence on public concerns. “The people said it is not sufficiently independent. It’s bringing the same people from the same party. It’s not diverse enough politically in terms of class,” he said.
He also pointed to concerns about opacity. “What they do, we don’t know,” he said.
According to him, the committee’s proposals focus on transparency and balance. “We bring more transparency into what they do, the composition,” he said.
He said changes have been proposed to reduce presidential dominance. “We have changed it so that the President’s men and women don’t dominate it,” he said.
Prof Prempeh said the committee also expanded the range of voices represented. “We have diversified the membership so that ideas are coming from different places,” he said.
He explained that for some functions, especially recruitment, the Council’s advice would be binding. “For some of the jobs they do, especially in recruitment, the advice is binding,” he said.
He added that where advice is not binding, the distinction is clear. “And where the advice is not binding, then fine,” he said.
Prof Prempeh said the Council should also play a stronger role in review. “Certain agreements and certain bills must go to them for a second look,” he said.
He stressed that this does not amount to veto power. “Not so they can veto,” he said, “but let them have a chance for you to reconsider.”
He mentioned international agreements and natural resource deals. “Deals like the lithium agreement, those kinds of things,” he said, should be reviewed.
He argued that wider representation could improve decision-making. “The two-party system tends to drive even brilliant minds from coming in,” he said.
He said bodies such as the Academy of Arts and Sciences, Trades Union Congress, Ghana Association of Industries, Chamber of Commerce, and National House of Chiefs could nominate members.
According to him, this would bring balance. “They can bring some reflection, some balance to these things,” he said.
Prof Prempeh said the aim is reform, not abolition. “We shouldn’t throw the baby away with the bath water,” he said.
He acknowledged the grievances but said solutions are possible. “There is indeed a legitimate grievance around the Council of State,” he said.
He said the proposals seek to restore the institution’s original purpose. “What we are offering is a way to restore it to its original idea,” he said.
Prof Prempeh added that a reformed Council could become a model. “We can then showcase it and say, like in Ghana, we have picked some idea from our traditional council of elders, and it works in our constitutional system,” he said.
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