The Institute of Economic Affairs (IEA) has stated that the yet-to-be-reviewed Constitution must contain detailed provisions to substantially reduce the President's current overwhelming appointing powers.
“Such revisions must be targeted at assuring merit-based and inclusive appointments to all public offices,” it said.
Addressing a press conference in Accra last Wednesday to state the IEA position on key proposals by the H. Kwasi Prempeh Constitution Review Committee (CRC) and the government’s position paper, a fellow of the IEA, Justice Sophia Akuffo said the CRC proposed a differentiated system under which public offices would be classified as executive, independent, hybrid-independent or hybrid-executive, with the degree of presidential discretion varying according to the nature of each office.
She said the CRC also proposed competitive appointments for independent offices, greater institutional participation in nominations and terms of office not tied to the President’s tenure.
She said although the government accepted the principle of greater checks on presidential appointments, it rejected the committee’s four-tier classification and intends to work with the Constitutional Review Implementation Committee (CRIC) on an alternative framework.
To depoliticise appointments to State-Owned Enterprises (SOEs), she said SOE governance should be based primarily on competence, professionalism, independence and accountability rather than political affiliation.
Ms Justice Akuffo said entrenching this principle in the Constitution would provide stronger protection against recurrent political interference in SOEs.
Election of MMDCEs
On the proposed election of Metropolitan, Municipal and District Chief Executives (MMDCEs), she said the IEA supported the election of CEOs but rejects presidential nomination of candidates.
In the view of the IEA, all qualified citizens should be free to contest the positions in a non-partisan process.
It said local-level democracy will be strengthened when citizens, rather than the President, determine who may stand for election to lead in the district.
Timelines
On the timeline for the Constitutional Review Implementation Committee (CRIC) to finish its work by February next year, Ms Justice Akuffo said it should not be rushed into finishing early.
She urged the CRIC to do a thorough job that could stand the test of time.
On judicial appointments, she said it was time to review the Constitution to introduce judicial appointment modalities that were based on clearly defined principles and international standards.
That, she said, required reforming the Judicial Council to function as an independent body responsible for, among other things, judicial appointments to ensure process integrity, transparency, structural independence of the Judiciary, and guarantee independent input into the choice of all judicial officers, including the Chief Justice.
Ms Justice Akuffo said the IEA supported the principle of capping the court's membership at 19 because an unlimited or excessively large court could create institutional uncertainty.
It said, however, that a cap of 19 or any number could only be justified if the scope of the jurisdiction of the Supreme Court, particularly its appellate jurisdiction, was appropriately reduced.
Removal of CJ
On the removal of the Chief Justice, Ms Justice Akuffo said the IEA considered the current provisions too sketchy and susceptible to political manipulation.
She said Article 146 should, therefore, be revised to spell out the formal removal procedures in greater detail, drawing on international best practice.
"A reviewed Constitution should also provide for a system of intermediate discipline to address misconduct that may not warrant removal from office but requires formal sanction," Ms Justice Akuffo stated.
