Dr. Nyaho-Tamakloe: On Ghana’s Charter Overview and the Way Forward for Democratic Governance
Source: Life Pulse Daily | Date: December 27, 2025
Introduction
The discourse surrounding constitutional review in Ghana has taken a significant turn following a detailed statement by Dr. Nyaho Nyaho-Tamakloe, a prominent statesman and founding member of the New Patriotic Party (NPP). In a communication released on December 27, 2025, Dr. Nyaho-Tamakloe offered a critical analysis of the 1992 Constitution, identifying specific structural weaknesses that he believes impede the nation’s democratic maturity. His insights provide a roadmap for constitutional reform, emphasizing the need for accountability, continuity in governance, and the separation of powers.
This article provides a comprehensive overview of Dr. Nyaho-Tamakloe’s arguments, analyzing the historical context of the 1992 Charter and proposing practical steps for the future of democratic governance in Ghana. By dissecting his views on presidential immunity, tenure limits, and ministerial appointments, we can better understand the legal and political adjustments required to strengthen Ghana’s democracy.
Key Points
- Presidential Immunity: A call to remove excessive protection for the President to ensure accountability.
- Tenure Limits: Firm opposition to extending the current two-term limit of four years each.
- Governance Continuity: A mandate for successive governments to complete national projects initiated by their predecessors.
- Remuneration Reform: Abolition of ex-gratia payments and excessive post-office benefits for public officials.
- Separation of Powers: Strict appointment of Ministers from outside Parliament to prevent conflict of interest.
- Presidential Qualifications: An upward review of the minimum age requirement for presidential candidates.
Background
To understand the urgency of these proposed reforms, one must look at the genesis of the current legal framework. Dr. Nyaho-Tamakloe highlights that the 1992 Constitution of Ghana was not born out of a pure democratic consensus but rather a “gentle historic compromise.”
The Transition from Military Rule
The 1992 Constitution was framed during the delicate transition from military rule under the Provisional National Defence Council (PNDC) to civilian democratic governance. Dr. Nyaho-Tamakloe specifically credits Justice D. F. Annan, a former Judge of the Superior Courts and Speaker of Parliament, for playing a pivotal role in this transition. Justice Annan’s initiative and counsel were instrumental in convincing Flight Lieutenant Jerry John Rawlings to accept a return to constitutional rule.
However, this compromise came at a cost. The necessity to appease the military regime resulted in constitutional provisions that were overly protective of the executive arm of government. While these provisions may have been necessary to ensure a smooth transition in 1992, Dr. Nyaho-Tamakloe argues that they have outlived their usefulness in a “mature democracy.”
Analysis
Dr. Nyaho-Tamakloe’s critique is centered on the imbalance of power between the Executive and other state institutions. His analysis offers a sobering look at how current mechanisms protect inefficiency and shield leaders from legal consequences.
The Problem with Presidential Immunity
One of the most contentious aspects of the 1992 Constitution is the immunity clause (found in Article 88). Dr. Nyaho-Tamakloe points out that the current framework contains numerous clauses that effectively shield the President during and after their tenure. This protection makes it “nearly impossible” to hold a President fully accountable under the law.
From a democratic perspective, this creates a two-tiered justice system where the head of state is above the law. Dr. Nyaho-Tamakloe posits that in a true democracy, the President is accountable to the people not just at the ballot box, but also in the courts. If wrongdoing occurs, the President must be subject to the law just like every other citizen. The removal of excessive immunity provisions is therefore presented as a prerequisite for genuine democratic governance.
Presidential Tenure and the Risk of Entrenchment
The debate over extending presidential terms is a recurring theme in African politics. Dr. Nyaho-Tamakloe addresses this head-on, stating without hesitation that there must be no extension of the current term limits. The existing arrangement—two four-year terms—is deemed sufficient.
He argues that governance is a continuum. A capable political party should be able to make its mark within the allotted eight years. Arguments suggesting a need for “overtime” often mask inefficiency or create markets for corruption. By strictly adhering to the current term limits, Ghana protects itself against the potential for authoritarian entrenchment.
The Issue of Ex-Gratia and Post-Office Benefits
Dr. Nyaho-Tamakloe also targets the financial burden placed on the state by public office holders. He advocates for the total abolition of ex-gratia payments and “over the top post-office benefits.”
The logic is simple: public servants are compensated through salaries. There is no moral or economic justification for lifelong benefits, state-funded housing, or undue privileges after leaving office. Redirecting these funds toward the welfare of ordinary Ghanaians is a matter of economic justice and fiscal responsibility.
Practical Advice
Based on Dr. Nyaho-Tamakloe’s insights, the path forward for Ghana’s democratic governance requires a structured approach to reform. Here is a practical breakdown of how these principles can be applied:
1. Institutionalizing Project Continuity
The practice of “abandoning ongoing projects” to start new ones is a major source of waste and corruption. While Dr. Nyaho-Tamakloe notes that continuity may not need to be a constitutional provision, it must become a binding principle of responsible governance.
Actionable Step: Parliament should enact legislation that requires a “Handover Report” detailing the status of all national projects. Successive governments should be legally required to justify the abandonment of any project funded by public money.
2. Enforcing the Separation of Powers
The current practice of appointing Ministers from Parliament often blurs the lines between the Executive and the Legislature, hindering effective oversight.
Actionable Step: Constitutional amendments should be proposed to strictly appoint Ministers from outside Parliament. This would empower MPs to scrutinize executive actions without the conflict of interest inherent in being part of the same political team.
3. Raising the Bar for Leadership
Dr. Nyaho-Tamakloe suggests that the seriousness of the presidency warrants a higher level of maturity.
Actionable Step: A review of the minimum age requirement for presidential candidates should be considered to ensure that candidates possess the necessary experience and gravitas to lead the nation.
FAQ
Why does Dr. Nyaho-Tamakloe want to remove presidential immunity?
He argues that the current immunity clauses overprotect the President, making it difficult to hold them accountable for wrongdoing. He believes that in a mature democracy, no one should be above the law.
What is the current presidential term limit in Ghana?
Currently, the Constitution allows for two four-year terms. Dr. Nyaho-Tamakloe supports keeping this arrangement and opposes any attempts to extend it.
What are ex-gratia payments?
These are lump-sum payments and benefits provided to public office holders after they leave office. Dr. Nyaho-Tamakloe argues these are unnecessary since public servants already receive salaries and should be abolished.
Should Ministers be appointed from Parliament?
No. Dr. Nyaho-Tamakloe supports proposals to appoint Ministers strictly from outside Parliament to ensure a clear separation between the Executive and the Legislature.
Is the 1992 Constitution perfect?
No. Dr. Nyaho-Tamakloe describes it as a “gentle historic compromise” born out of the transition from military rule. He believes it contains flaws, such as excessive executive protection, that need to be fixed.
Conclusion
Dr. Nyaho Nyaho-Tamakloe’s contribution to the national discourse on Ghana’s constitutional review is a call for courage and honesty. He reminds stakeholders that constitutional reform should not be driven by partisan interests but by the collective good of the nation. Ghana has reached a critical juncture in its democratic journey where accountability, discipline, and national interest must take precedence over political convenience.
The way forward involves a critical look at the 1992 Constitution, specifically regarding presidential immunity, term limits, and the separation of powers. By embracing these reforms, Ghana can solidify its status as a beacon of democracy in West Africa, ensuring that governance remains transparent, accountable, and beneficial to all its citizens.
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