Review of 1992 Constitution: Separation of powers needed — Dr Arthur Kennedy
A member of the opposition New Patriotic Party (NPP), Dr Arthur Kobina Kennedy, has suggested a return to the separation of powers enshrined in the 1979 Constitution of the Third Republic.
Under this proposal, Members of Parliament (MPs) would not be allowed to serve as ministers, ensuring a clear distinction between the executive and legislative branches of government.
Dr Kennedy said this in an interview with the Daily Graphic following the proposals he submitted to the Constitution Review Committee (CRC) for consideration as part of the review of the 1992 Constitution.
"I think that the best constitution we've had was the one Dr Hilla Limann operated in the Third Republic, because then, no Member of Parliament could serve as a minister.
"So if you got appointed as a Minister of State, you vacated your parliamentary seat," he said.
This separation of powers, he said, would enhance executive oversight, allowing MPs to focus on their legislative duties without being influenced by executive interests.
Dr Kennedy argued that the current system, where MPs could serve as ministers, had neutralised effective oversight, as many MPs prioritise their potential ministerial roles over their parliamentary responsibilities.
He also suggested that Parliamentarians should not receive undue remuneration for their work and should be barred from serving on boards of directors, citing potential conflicts of interest.
Judiciary
Touching on the judiciary, the US-based Ghanaian medical doctor called for significant reforms to the country's judiciary.
He said the number of judges on the Supreme Court should be capped to ensure efficient decision-making.
Dr Kennedy also emphasised the need to clarify the impeachment process of a Chief Justice, suggesting that it should be a function of Parliament rather than a committee set up by the President.
That, he argued, would help to ensure that the process was fair, transparent and accountable to the people.
He also expressed concerns about the appellate process in the country, which he described as "too confusing."
He cited the example of the US, where election petition disputes were resolved within two weeks, and contrasted it with Ghana, where it takes nine months to resolve similar disputes.
Dr Kennedy attributed the delays to the Chief Justice's excessive discretion in appointing judges and setting up panels, which could lead to arbitrary changes and undermine the integrity of the judicial process.
To address those challenges, Dr Kennedy proposed that there should be a cap on the time for appeals, ensuring that cases were resolved within a certain timeframe.
Dr Kennedy also highlighted the plight of individuals who had been in remand for extended periods, often without their cases being resolved, and emphasised the need to protect the rights and benefits of ordinary citizens.
