Five governance experts have endorsed the recommendations of the Constitution Review Committee (CRC) for the amendment of Article 78(1) of the 1992 Constitution to bar Members of Parliament (MPs) from being appointed as ministers of state.
They said research had shown that MP-ministers were the worst absentees from Parliament, which meant that the fusion made it difficult for Parliament to hold the Executive in check.
They said Ghanaians got a taste of how parliamentary oversight could be impactful during the hung Parliament between 2021 and 2024.
The five are the Project Director of the Democracy Project, Dr John Osae-Kwapong; the Director of Advocacy and Policy Engagement of the Ghana Centre for Democratic Development (CDD-Ghana), Dr Kojo Pumpuni Asante; the Head of Department of Political Science of the University for Development Studies (UDS), Dr Gbensuglo Alidu Bukari; the President of the Chamber of Local Government, Dr Richard Fiadomor; and the National Chairman of the People’s National Convention (PNC), Bernard Mornah.
They were sharing their perspectives on the issue of separation of powers, especially between the Executive and the Legislature.
Weakness
Dr Asante explained that one of the weaknesses of the current constitutional practice was the limited independence of Parliament. “If we want more accountability and a more responsive Executive, we need serious checks and balances, not just for the Executive but also for MPs.
“I like the participation proposals requiring MPs to use their recess to attend townhall meetings to report to their constituencies and get their feedback on policy,” he said.
Independence
Dr Osae-Kwapong argued that implementing the recommendation would ensure an improved separation of powers between the Executive and the Legislature.
He said the recommendation provided for greater independence, improved legislative oversight of the Executive, and reduced Executive control of the Legislature, especially for those on the majority side.
Mockery
For his part, Dr Fiadomor said the current situation was nothing but a mockery of the true meaning of separation of powers, explaining that it had become easier to become a minister of state when first elected as an MP under the current arrangement.
Article 78
Dr Bukari said the provision per Article 78 that the majority of ministers should be appointed from Parliament blurred oversight functions, compromised legislative independence and transformed Parliament into an extension of the Executive, especially when the governing party had control of a parliamentary majority.
The consequence, he said, was an accountability deficit, as parliamentary scrutiny of Executive action was often subordinated to party loyalty and political expediency.
He explained that strengthening the separation of powers did not necessarily require adopting a pure presidential or parliamentary system, but rather recalibrating existing arrangements to restore institutional balance.
“Proposals to reduce the number of ministers and separate the Executive arm from Parliament can enhance the autonomy of parliamentary committees, and professionalise the legislative arm of government.
“A functional separation of powers is essential not only for democratic theory but for effective governance, political accountability, and public trust,” he said.
Bernard Mornah
For his part, Mr Mornah stressed the need for parliamentarians to be allowed to fully perform their constitutional role of overseeing the work of the Executive, scrutinising government action, and passing laws and bills that enable effective governance.
He said that when MPs simultaneously served as ministers, it created an inherent conflict of interest, effectively making them judges in their own case.
“This dual role also undermines the effectiveness of Parliament, as such ‘double-assigned’ ministers naturally prioritise their ministerial duties, often drawn by the power and perks associated with Executive office, to the neglect of their responsibilities as legislators,” he stated.
History
Mr Mornah said during the Third Republic, when Hilla Limann was President, a clear separation was maintained.
He cited the case of Professor John Nabila, then MP for Walewale, who was required to vacate his parliamentary seat upon his appointment as a minister.
“Similarly, Harry Sawyer relinquished his seat in Parliament when he was appointed Minister of Transport. These precedents made it clear that one could not simultaneously serve in both capacities,” he stated.
That approach, Mr Mornah said, ensured that those who aspired to be MPs focused exclusively on legislative duties, while those seeking ministerial roles pursued them independently.
“Such a system strengthens parliamentary oversight, enhances legislative efficiency, and allows the Executive to function independently while remaining firmly accountable to Parliament,” he said.
The PNC Chairman said enforcing this separation would lead to a more effective Legislature, a more accountable Executive, and better governance overall.
Source: www.kumasimail.com
