How Presidential Control Has Weakened the Council of State: Prof H. Kwasi Prempeh Explains

Introduction

The Council of State stands as a unique constitutional body within the governance architecture of Ghana, envisioned as an anchor of wisdom and continuity. However, recent discourse suggests that this institution may have drifted from its foundational mandate. In a revealing interview, Prof. Henry Kwasi Prempeh, the Executive Director of CDD-Ghana and Chairman of the Constitution Review Committee, provided a critical analysis of the current state of the Council. He argues that excessive presidential control has significantly weakened the institution, transforming it from an independent advisory body into an extension of the executive arm of government.

This article delves into Prof. Prempeh’s insights, exploring the dynamics of political polarization, the lack of independence, and the proposed structural reforms intended to restore the Council of State to its original glory. We will analyze why abolishing the Council is not the solution, and how a reformed Council can serve as a vital check and balance in Ghana’s Fourth Republic.

Key Points

Background

The Constitutional Role of the Council of State

Established under Chapter 9 of the 1992 Constitution of Ghana, the Council of State is mandated to advise the President on major policy matters and other national issues. Its composition includes a Chairman, the immediate past President of Ghana, a representative from each of the ten Regional Houses of Chiefs, and fifteen members appointed by the President. The President also appoints the Chairman.

The intent of the framers of the Constitution was to create a body of “wise men and women” who could offer non-partisan, objective advice to the President, acting as a buffer against hasty or politically motivated decisions. Ideally, the Council serves as a bridge between the executive and traditional authority, as well as civil society.

The Erosion of Trust

Over the years, the perception of the Council of State has shifted. Prof. Prempeh highlighted that public dissatisfaction has grown, citing evidence gathered by the Constitution Review Committee. The common sentiment is that the Council has become a “job center” for party loyalists and retired politicians rather than a reservoir of independent thought.

This perception stems from the appointment process. Because the President appoints the majority of the members (including the Chairman), there is a natural tendency for the Council to reflect the political leanings of the sitting administration. This dynamic has led to the erosion of public trust and questions regarding the institution’s relevance in modern democratic governance.

Analysis

The Impact of Presidential Control

Prof. Prempeh’s central thesis is that presidential dominance has hollowed out the Council’s effectiveness. When the advisory body is composed primarily of the President’s appointees, the mechanism for “speaking truth to power” is compromised. Instead of offering critical, independent analysis, the Council risks becoming an echo chamber that validates the President’s decisions.

This “capture” of the institution undermines its constitutional purpose. If the Council merely rubber-stamps executive decisions, it adds no value to the governance process. Furthermore, the opacity of the Council’s operations—often described as a “black box”—fuels speculation that its meetings are ceremonial rather than substantive.

Politicization and Polarization

Ghana’s political landscape is dominated by two major parties: the New Patriotic Party (NPP) and the National Democratic Congress (NDC). Prof. Prempeh notes that this two-party system tends to exclude brilliant minds who do not fit neatly into these political boxes. Consequently, the Council often fails to achieve political diversity.

Prof. Prempeh argues that in such a polarized environment, the Council of State is actually more necessary than ever. He stated, “We run a very polarised politics and sometimes you need some institution in the middle.” However, for it to play this mediating role, it must be perceived as fair and balanced, a status it currently struggles to maintain due to its political composition.

Preserving “Authentic” Ghanaian Institutions

Despite the criticisms, Prof. Prempeh strongly opposes calls to abolish the Council. He views it as a “novel constitutional industry” rooted in Ghana’s traditional system of governance—the Council of Elders. In many African societies, elders play a crucial role in conflict resolution and community guidance.

He warns that discarding this institution would be a historical mistake. Instead of throwing the baby out with the bathwater, he advocates for a return to the original concept. He remarked, “It would be sad that the only thing we’re going to throw away is the one institution that we think looks authentically Ghanaian.” The goal is to modernize the traditional concept without losing its cultural essence.

Practical Advice

Proposed Reforms for a Stronger Council

To fix the Council of State, Prof. Prempeh and the Constitution Review Committee have outlined several practical reforms designed to dilute presidential control and enhance independence:

1. Diversify Representation: Move away from political appointees as the dominant demographic. The reform suggests statutory inclusion of representatives from key national bodies such as the Academy of Arts and Sciences, the Trades Union Congress (TUC), the Ghana Association of Industries, the Chamber of Commerce, and the National Chief Farmer. This ensures that economic and social technocrats have a voice.
2. Strengthen Advisory Powers: The reform proposes that for certain critical functions—specifically the recruitment of heads of state institutions—the Council’s advice should be binding. This would prevent the President from ignoring expert recommendations in favor of political patronage.
3. Review of International Agreements: The Council should be mandated to review major cross-border agreements and natural resource deals (such as the recent lithium agreements) before they are ratified. While not necessarily having veto power, the Council would force a “second look” and ensure that national interest is prioritized over short-term gains.

Ensuring Transparency

One of the key complaints is that “what they do, we don’t know.” A practical step toward reform is enhancing the transparency of the Council’s proceedings. While not every discussion can be public, the key recommendations and advice given to the President on major national issues should be documented and made accessible to the public to foster accountability.

FAQ

Conclusion

The discourse surrounding the Council of State highlights a critical tension in Ghanaian democracy: the need for executive efficiency versus the necessity of independent oversight. Prof. Henry Kwasi Prempeh’s analysis suggests that the Council has been compromised by presidential control, yet its abolition would be a disservice to Ghana’s constitutional heritage.

The path forward is reform. By diversifying membership to include statutory representatives from industry, labor, and science, and by strengthening the binding nature of its advice on key issues, the Council of State can be revitalized. It has the potential to evolve from a perceived “rubber stamp” into a formidable pillar of Ghanaian democracy, embodying the wisdom of the traditional Council of Elders within the framework of a modern republic. As Prof. Prempeh asserts, the solution is not to destroy the institution, but to “fix it.”

Sources

• Interview with Prof. Henry Kwasi Prempeh on Joy News (December 25, 2024).
• The 1992 Constitution of the Republic of Ghana, Chapter 9: The Council of State.
• CDD-Ghana: Constitution Review Committee Reports and Recommendations.
• Multimedia Group Limited (Joy News) archives regarding the Council of State.