By Edward Acquah, GNA
Accra, Sept. 23, GNA – The Institute of Economic Affairs (IEA) has rejected several government positions on proposed constitutional reforms, calling for stronger checks on executive power and public accountability.Â
The IEA said government positions on presidential appointments, the tenure of elected officials, judicial appointments, local government, parliamentary oversight and natural resource governance required further review to strengthen Ghana’s democratic institutions.
Justice Sophia Akuffo, former Chief Justice and Distinguished Fellow of the IEA, outlined the Institute’s positions on Wednesday at the opening of a seminar series on the Prempeh Committee’s report and the government’s response to the constitutional review.
She said the review should focus on creating institutions capable of promoting development while ensuring that political power remained subject to effective checks and accountability.
“A constitution is a legal framework for more than elections and exercise of political authority,” she said, stressing that it should determine how power was distributed, how public resources were governed and how citizens participated in decision-making.
On presidential appointments, the IEA supported the Prempeh Committee’s objective of substantially reducing the President’s appointment powers, although it did not insist on the Committee’s proposed four-tier classification of public offices.
The Government rejected the four-tier system and preferred an alternative framework to be developed by the Constitutional Review Implementation Committee.
The IEA said the revised Constitution should instead contain detailed safeguards to ensure merit-based and inclusive appointments and reduce excessive presidential influence over public institutions.
On the proposal to extend the tenure of the President and Members of Parliament from four to five years, the IEA rejected both the Committee’s recommendation and the government’s acceptance of it.
It maintained that four years was sufficient for elected governments to implement their programmes and questioned whether longer terms would resolve problems of policy continuity.
“Four years is sufficient for an elected government to implement its programme,” Justice Akuffo said, arguing that governments should prepare adequately before assuming office rather than spend significant periods establishing their administrations.
The IEA also rejected the government’s position that existing arrangements were adequate for judicial appointments and called for a reformed Judicial Council to become an independent body responsible, among other functions, for judicial appointments.
It supported the Committee’s proposal for more transparent and structured judicial appointments, including public advertisement, shortlisting, interviews and parliamentary approval.
On the removal and discipline of superior court judges, the IEA supported constitutional amendments to provide greater procedural detail, including clearer timelines and intermediate disciplinary measures for misconduct that did not warrant removal.
The Institute also backed the election of all Metropolitan, Municipal and District Chief Executives (MMDCEs), but rejected the government’s proposal for candidates to be selected from nominees put forward by the President.
It called for all qualified citizens to be allowed to contest MMDCE elections through a non-partisan process, supported by adequate fiscal and administrative resources.
The IEA further endorsed the Prempeh Committee’s proposal to prevent MPs from simultaneously serving as ministers or deputy ministers, arguing that the arrangement could strengthen Parliament’s independence and oversight of the Executive.
On natural resources, the Institute supported the Committee’s proposal to vest public lands and natural resources directly in the people of Ghana, rather than in the President on their behalf.
It also called for prior parliamentary approval of major natural resource contracts, replacing the current requirement for parliamentary ratification after agreements have been concluded.
The IEA proposed moving beyond Ghana’s existing royalty-based mining arrangements towards state ownership of natural resources, with private companies contracted to undertake extraction through service contracts.
It also supported constitutional guarantees for benefits to mining communities and the constitutionalisation of local processing and value addition.
On political party financing, however, the IEA rejected state funding for the non-electioneering activities of political parties, although it accepted that limited public support could be appropriate in specific circumstances.
The Institute also supported an independent National Development Planning Commission with authority to formulate binding long-term national development plans, with political party manifestos required to reflect the approved national development framework.
It further backed constitutional measures to address unexplained wealth and strengthen asset declaration requirements, while emphasising safeguards for due process.
Justice Akuffo said the review should be treated as a national conversation rather than a technical exercise.
Democratic constitutionalism must accommodate disagreement. The objective should be to ensure that disagreement is informed, respectful, and based on a clear understanding of consequences,” she said.
The IEA also expressed reservations about the government’s proposed timeline for constitutional amendments, arguing that the process required adequate public education, consultation and consensus-building.
It said the objective should be to preserve what worked under the 1992 Constitution while reforming areas that had created institutional weaknesses.
The seminar series is expected to provide a platform for further discussion of the Prempeh Committee’s recommendations, government’s positions and alternative proposals for constitutional reform.
GNA
Reporter: Edward Acquah
Reporter’s email address: [email protected]