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Ghana Proposes Ban on MPs Serving as Ministers

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Constitutional Review

Ghana’s Constitutional Review Committee (CRC) has proposed ending the practice of Members of Parliament serving simultaneously as government ministers, marking a fundamental shift in how the country’s governance structures operate.

Executive Secretary Rainer Akumperigya announced the reforms during an interview on the Asaase Breakfast Show on Tuesday, describing them as essential steps toward transforming Ghana from what he termed an “electoral democracy” into a developmental democracy.

The proposed changes would create a strict separation between the executive and legislative branches. MPs would become ineligible for ministerial appointments, even if they resign their parliamentary seats mid-term. Akumperigya explained that the current arrangement, where legislators also hold executive positions, fundamentally compromises Parliament’s ability to hold the government accountable.

“We are gradually moving into a situation where the executive and legislature are merged. That weakens accountability,” he said during the broadcast. “The intention is very clear: let the two branches remain separate, but coordinate and complement each other,” Akumperigya explained.

The committee’s recommendations extend beyond separation of powers. They propose capping the total size of government at 57 ministers, including deputy ministers and regional ministers. This measure aims to reduce political patronage while promoting administrative efficiency.

The constitutional limit of 19 cabinet ministers means the total number of ministers across all categories would be restricted to 57. Any president who wants to exceed the 57-minister ceiling would be required to write to Parliament, justify the additional appointment, and secure prior approval by a simple majority of all MPs.

The CRC’s recommendations were presented to President John Dramani Mahama on Monday in a report following 11 months of work. Professor Henry Kwasi Prempeh, the Chairman of the Constitutional Review Committee, led the presentation at the Presidency in Accra.

“The Committee recommends an amendment to Article 78(1) to provide that no member of Parliament may be appointed a Minister of State or a Deputy Minister or Regional Minister,” Professor Prempeh noted during the presentation.

“The Committee further recommends, as a companion amendment, that a member of Parliament who resigns from Parliament shall not be eligible for appointment as a Minister of State, a Deputy Minister or a Regional Minister. The ineligibility for appointment shall, however, be limited to the term of Parliament for which he or she was elected only,” he added.

The proposed changes in the appointment of ministers are similar to those in the US Constitution, which prevent a sitting member of Congress or the Senate from being appointed to an executive branch position.

Additional governance reforms address long standing concerns about executive accountability and public sector compensation. The committee also recommended the capping of Justices of the Supreme Court to 15, including the Chief Justice, as well as maintaining MPs at the current 276 members.

The committee explained that the presumption of an upper limit on Supreme Court justices would preserve appointment flexibility, while safeguarding against excessive expansion of the Court. The current constitutional provision places no maximum on the number of justices.

Akumperigya stressed that these proposals emerged from extensive nationwide consultation. “The constitution belongs to the people. This document reflects their voices,” he stated.

The recommendations now await implementation. Akumperigya said the next step is the formation of an implementation committee, which the President has indicated will be set up after Christmas, to translate the recommendations into bills for Parliament and, where necessary, referenda.

“If these recommendations are substantially implemented, that will be the enduring legacy of this committee’s work,” he said.

The proposed reforms represent one of the most comprehensive attempts to restructure Ghana’s governance framework since the current constitution was adopted in 1992. Whether Parliament will embrace changes that fundamentally alter how political power operates remains uncertain, particularly given that many current MPs serve in dual legislative and executive roles.



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