Former Presidents May Face Prosecution Under Proposed Constitutional Reforms

The Constitution Review Committee has proposed far-reaching reforms to Ghana’s constitutional framework, including significant changes to presidential immunity that could expose former presidents to legal action after leaving office.

In its final report submitted to President John Dramani Mahama, the committee recommended amendments to Article 57(6) to permit civil proceedings against a former president at any time after their tenure ends, subject to applicable statutes of limitation. Under the proposal, criminal proceedings could also be initiated within four years after a president exits office.

According to the committee, the recommendation is intended to strike a careful balance between safeguarding the effective functioning of the presidency and promoting accountability, particularly in cases where alleged misconduct relates to actions taken in a personal capacity rather than in the execution of official duties.

Beyond issues of post-office accountability, the report also addresses matters of presidential succession and continuity. The committee recommended maintaining the Vice-President as the automatic successor in the event of a vacancy, firmly rejecting proposals to introduce a constitutionally defined Prime Minister.

The committee explained that granting independent executive authority to a Vice-President could create conflicts and power struggles at the highest level of government. It noted that the current constitutional arrangement already allows the President to assign coordinating responsibilities to any cabinet member when necessary.

Additionally, the committee proposed a revision to existing interpretations regarding presidential absence. Under the new recommendations, the physical absence of both the President and Vice-President from Ghana would no longer be considered sufficient grounds to declare them unable to perform presidential functions, effectively overturning earlier judicial interpretations.

If adopted, these proposals would mark a significant shift in Ghana’s constitutional governance, strengthening accountability while clarifying succession and continuity at the executive level.

Source: MyNewsGh.com