Former Chief Justice Sophia Akuffo has called for a review of the constitutional provisions granting the President of Ghana broad appointment powers, arguing that they contribute to an “imperial presidency.”
Speaking on PM Express on Tuesday, January 7, she stated that while constitutional revision should not mean discarding the current document, it is crucial to address areas that undermine the balance of power.
“When I advocate for constitutional revision, it is not about throwing this present constitution aside and coming up with a brand-new document. No, that’s not what constitutional review is about,” she clarified.
“But we could do better because there are things that could be improved.”
Justice Akuffo identified the President’s appointment powers as one of the most problematic aspects of Ghana’s 1992 Constitution.
“Over these 30-plus years of this constitution, everybody has come to the realisation that it’s excessive,” she remarked.
“It’s excessive to the point that it almost creates an imperial presidency or, as some have described it, hegemony.”
She highlighted how the concentration of appointment authority in the President’s hands affects governance, with virtually every significant position in the country subject to the President’s discretion.
“This is not the outcome the constitutional framers had expected,” she said, referring to the original intentions behind the 1992 Constitution.
“Whereby everything and every appointment that matters in the nation is at the discretion and whim of the President.”
Justice Akuffo stressed that even Presidents should feel uneasy about wielding such expansive powers, as it places undue pressure and responsibility on a single individual.
“I think even Presidents should be uncomfortable with such excessive appointment powers,” she said.
She called for a review process that would redistribute appointment authority, ensuring that governance is more participatory and less centralised.
“We cannot continue like that,” she stated firmly, advocating for a more balanced system that would reflect the democratic ideals Ghana aspires to uphold.
Justice Akuffo reiterated that constitutional review should be approached with care and precision, seeking to improve existing structures rather than overhaul them entirely.
“It’s about tweaking and adjusting to ensure the Constitution serves the people’s needs effectively,” she explained.
Her comments come amid growing public discourse on constitutional reform, with many Ghanaians expressing concerns about the concentration of power in the executive branch.
Justice Akuffo’s critique of the President’s appointment powers underscores the need for a national dialogue on constitutional reform.
Her thoughtful reflections serve as a call to action for policymakers and citizens alike to engage in shaping a governance system that promotes accountability, equity, and democracy.
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