Dr. Kwadwo Afari-Gyan, the former Chairman of the Electoral Commission (EC), expressed his concerns about the perceived ineffectiveness of Ghana’s Council of State. Dr. Afari-Gyan compared the Council to an “anorexic institution without power,” emphasizing that despite being the only body with the authority to advise all public institutions except the president, its current work gives the impression of powerlessness.
Dr. Afari-Gyan, drawing from his experience at the Electoral Commission, highlighted that the Council of State receives briefings from public institutions and provides them with advice. However, he suggested that the Council should periodically release reports detailing its activities to allow the public to assess its impact.
Regarding the Council’s relationship with the president, Dr. Afari-Gyan pointed out the need for clarification. He explained that the president appoints some individuals in consultation with the Council and others based on its advice. While some legal experts argue that there is no difference between these two processes and that the president can act as he pleases, others contend that, unlike consultation, the president cannot make appointments without being advised by the Council. Dr. Afari-Gyan urged that any amendment to the constitution should explicitly state this distinction to prevent the president from disregarding the Council’s advice.
Former President John Agyekum Kufuor also weighed in on the matter, advocating for the replacement of the Council of State with an Upper House of Parliament as part of constitutional reforms aimed at promoting good governance and development in Ghana. Given the country’s commitment to democratic governance and its current stage of development, Kufuor argued that the Council of State is not suitable for its purpose. He suggested that a well-composed second chamber would better serve the country’s needs and allow for a more balanced democratic system.
