The Government has accepted several key recommendations of the Constitution Review Committee aimed at reforming Ghana’s political, judicial and governance structures, including extending the presidential term from four to five years, capping the size of Parliament and introducing the election of District Chief Executives.
Attorney-General and Minister for Justice, Dr Dominic Ayine, announced the Government’s position on the Committee’s final recommendations at a press briefing, stating that while Government accepted most of the proposals, some had been modified.
Among the major proposals accepted or supported by Government are:
1. Five-year presidential and parliamentary terms
The Government has accepted a proposal to extend the tenure of the President from four years to five years, with Parliament’s term extended accordingly.
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Dr Ayine said the longer term would provide governments with more time to implement and assess policies, given that the current four-year cycle is affected by transition periods and election preparations.
2. Presidential Eligibility Age Reduced to 35
Government supports reducing the minimum age for presidential candidates but proposes 35 years instead of the Committee’s recommended 30 years.
The current constitutional requirement is 40 years.
3. President to Pay Taxes
Government has accepted that the President should no longer enjoy tax exemptions solely because of holding office.
Under the proposal, the President would pay taxes on salary, allowances and applicable taxes on goods and services, although presidential pension and gratuity would remain exempt.
4. Parliament Capped at 300 members
Government has accepted a cap on the size of Parliament and proposes a maximum of 300 members.
The proposal provides for 276 Members of Parliament elected through constituencies; and
24 additional members elected through proportional representation.
The proportional representation seats would be reserved for women, persons with disabilities and the youth.
5. Dual citizens Eligible to Contest Parliamentary Elections
Government has accepted removing restrictions that prevent Ghanaian citizens by birth with dual citizenship from contesting parliamentary elections solely because they hold another nationality.
6. Fixed Tenure for Chief Justice
Government supports a single, non-renewable 10-year term for the Chief Justice or service until the mandatory retirement age, whichever occurs first.
The proposal is aimed at ensuring predictable transitions in the leadership of the Judiciary.
7. Supreme Court membership capped at 19
Government has proposed that the Supreme Court should have a maximum of 19 Justices, comprising the Chief Justice and 18 other Justices.
This differs from the Committee’s recommendation of a 15-member cap.
8. Election of District Chief Executives
Government has accepted the election of District Chief Executives (DCEs), but differs from the Committee’s phased approach.
While the Committee recommended that elections should depend on a district’s financial capacity, Government proposes that all DCEs should be elected.
Under the proposal, the President would nominate five candidates, from which three would be shortlisted for election, with gender representation requirements.
9. Independent Public Emoluments Commission
Government supports establishing an independent commission to determine the salaries, allowances and benefits of Article 71 officeholders and other public officials.
Dr Ayine said the current arrangement creates a conflict of interest because presidentially appointed bodies determine the benefits of officeholders, including the President.
10. Expanded human rights protections
Government has accepted proposals to expand constitutional rights protections, including economic, social and cultural rights.
The proposed reforms cover areas such as the right to healthcare; the right to housing; the right to a clean environment; rights of women, children, persons with disabilities, older persons and the youth.
11. Independent Anti-Corruption and Ethics Commission
Government supports the creation of an Independent Anti-Corruption and Ethics Commission with investigative and prosecutorial powers.
The proposed commission would take over functions currently performed by the Office of the Special Prosecutor.
12. Citizen-led Constitutional Amendments
Government has accepted a proposal allowing citizens to initiate constitutional amendments.
Under the proposal, citizens may propose amendments after obtaining support from registered voters, subject to requirements on regional representation and gender balance.
Government proposes that the threshold should be 10 per cent of registered voters.
Concluding the press release, Dr Ayine said Government’s position would guide the next stage of the constitutional amendment process.
