Dr Nyaho Nyaho-Tamakloe backs evaluation of presidential immunity provisions in Ghana’s charter – Life Pulse Daily
Editor-in-chiefDecember 27, 20255 Mins read49
Dr Nyaho Nyaho-Tamakloe Calls for Review of Presidential Immunity in Ghana’s Constitution
Introduction
The concept of presidential immunity has long been a subject of intense debate within the framework of democratic governance. In Ghana, this conversation has been reignited by Dr. Nyaho Nyaho-Tamakloe, a veteran statesman and prominent figure in the country’s political history. He has publicly advocated for a comprehensive review of the constitutional clauses that grant extensive protections to the President. Dr. Nyaho-Tamakloe argues that the current provisions, specifically embedded in the 1992 Constitution of Ghana, are incompatible with the principles of a mature democracy and hinder the rule of law. This article explores his arguments, the historical context of these provisions, and the potential implications for Ghana’s democratic maturity.
Key Points
- Call for Review: Dr. Nyaho Nyaho-Tamakloe demands a revision of constitutional clauses granting excessive immunity to the President.
- Democratic Accountability: He asserts that immunity shields the President from legal accountability, which is untenable in a mature democracy.
- Historical Context: The 1992 Constitution is described as a “delicate historical compromise” born out of the transition from military to civilian rule.
- Separation of Powers: He supports the appointment of ministers exclusively from outside Parliament to ensure effective legislative oversight.
- Post-Office Benefits: Calls for the abolition of ex gratia payments and the redirection of funds to improve citizens’ living conditions.
- Reform Timeline: The Constitution Review Committee is expected to release its comprehensive report in January 2026.
Background
The 1992 Constitution and Immunity
To understand the gravity of Dr. Nyaho-Tamakloe’s statement, one must examine the legal foundation of the current administration. The 1992 Constitution of Ghana was drafted following a period of instability and military rule. Its primary objective was to establish a stable democratic framework. However, to facilitate the transition, specific provisions were included to protect the head of state.
Currently, Article 88 of the Constitution stipulates that civil and criminal proceedings cannot be instituted against a President or a person acting as President during their term of office. Furthermore, a sitting President enjoys immunity from prosecution for actions taken in the exercise of his official duties. This legal shield is designed to prevent political harassment and allow the President to focus on governance. However, critics, including Dr. Nyaho-Tamakloe, argue that this has evolved into a shield against legitimate accountability.
Dr. Nyaho Nyaho-Tamakloe’s Profile
Dr. Nyaho-Tamakloe is not a fringe voice in Ghanaian politics. As a veteran statesman and former diplomat, his perspective carries significant weight. He was one of the “Committee of Three” (alongside J.H. Mensah and Alhaji Aliu Mahama) appointed by President Kufuor to oversee the transition of the Danquah-Busia-Dombo tradition. His call for reform is rooted in a deep understanding of the nation’s history and a desire to see Ghana evolve beyond its transitional origins.
Analysis
Compatibility with a Mature Democracy
Dr. Nyaho-Tamakloe’s central thesis is that excessive immunity is a relic of an era that required protection from political persecution. He argues, “The President is responsible to the people, and where wrongdoing occurs, the President must be subject to the law like every other citizen.” This aligns with the democratic principle of equality before the law.
In mature democracies, while heads of state may have temporary immunity from civil suits regarding official acts (often called sovereign immunity), criminal immunity is rarely absolute. The fear is that without the possibility of legal consequences, the executive branch may act with impunity, eroding public trust and the integrity of the office.
The Separation of Powers
Beyond immunity, Dr. Nyaho-Tamakloe addressed the structural overlap between the Executive and the Legislature. He endorsed the appointment of ministers strictly from outside Parliament. This is a critical point regarding the separation of powers. When serving MPs are appointed as ministers, they are accountable to two masters: the party leadership (Executive) and their constituents (Legislature). This often weakens the Parliament’s ability to scrutinize government actions effectively.
By advocating for a clear separation, he aims to empower Parliament to become a truly independent check on the Executive, a cornerstone of checks and balances.
Financial Accountability: The Ex Gratia Debate
The statesman also linked constitutional immunity to financial accountability. He criticized the system of ex gratia payments—lump-sum payments made to public office holders upon retirement. He argues that these “excessive post-office benefits” are misaligned with the economic realities of the average Ghanaian. His analysis suggests that a constitution that protects officials from prosecution while providing lucrative exit packages creates an elite class detached from the electorate.
Practical Advice
For citizens, political stakeholders, and students of law interested in the ongoing Constitution Review Process, Dr. Nyaho-Tamakloe’s commentary offers several actionable takeaways:
1. Engage with the Review Committee
The Constitution Review Committee is currently the central body for these changes. Citizens should stay informed about their submissions and public hearings. Understanding the specific articles proposed for amendment (such as Article 88) allows for informed public discourse.
2. Focus on National Interest vs. Partisanship
Dr. Nyaho-Tamakloe urged stakeholders to prioritize “national interest over partisan issues.” In practice, this means evaluating proposed amendments based on their ability to strengthen democracy rather than their potential to benefit a specific political party. Voters should pressure their representatives to support reforms that enhance accountability, regardless of who is in power.
3. Understand the Legislative Impact
Advocating for the separation of powers requires understanding how ministerial appointments work. Supporters of reform should study how other Westminster systems (like the UK or Canada) handle ministerial appointments to build a case for similar changes in Ghana.
FAQ
What is Presidential Immunity in Ghana?
Presidential immunity in Ghana is a legal provision in the 1992 Constitution that protects the President from being sued or prosecuted for civil or criminal acts while in office. It is designed to prevent the President from being distracted by litigation.
Why does Dr. Nyaho-Tamakloe want to remove it?
He believes that the current immunity provisions are “excessive” and allow the President to evade accountability for wrongdoing. He argues that in a mature democracy, no one should be above the law.
What is the “Ex Gratia” payment system?
Ex gratia payments are voluntary payments made by the government to former Presidents and public officials, often as a “gratuity” or thank you for their service. Critics argue these payments are too high and divert public funds.
When is the new Constitution Review report due?
According to the article, the comprehensive report from the Constitution Review Committee is expected to be released in January 2026.
Does removing immunity mean a President can be prosecuted for every decision?
Typically, reforms distinguish between “official acts” (governance decisions) and “personal acts” (criminal behavior). The debate usually centers on ensuring that personal crimes or gross misconduct are not protected by the office.
Conclusion
Dr. Nyaho Nyaho-Tamakloe’s call to review presidential immunity provisions represents a significant moment in Ghana’s democratic discourse. By challenging the status quo established by the 1992 Constitution, he is pushing for a governance structure that prioritizes accountability, transparency, and the rule of law. As the nation awaits the Constitution Review Committee’s report in 2026, the arguments presented by the veteran statesman serve as a critical reminder that democracy is not a static achievement but a continuous process of refinement. Whether it involves removing immunity, reforming ex gratia benefits, or enforcing the separation of powers, the ultimate goal remains the strengthening of Ghana’s democratic institutions for the benefit of all citizens.
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