Ghana needs stronger checks on presidential power, says former Chief Justice Akuffo

Former Chief Justice Sophia Akuffo has warned that Ghana's democratic system is weakening due to insufficient constraints on presidential power, calling for urgent constitutional reforms to restore public faith in governance.

Speaking on Channel One TV, Akuffo emphasised that while presidents require adequate authority to govern effectively, those powers must operate within strict constitutional boundaries. "Presidents should have powers, but they cannot be unfettered powers," she stated, highlighting a fundamental tension in Ghana's governance framework that has become increasingly apparent over decades of democratic practice.

The case for constitutional guardrails

Akuffo argued that Ghana's three-arm system of government—executive, legislature and judiciary—has failed to maintain effective oversight mechanisms. She stressed that clearer enforcement of the separation of powers would be essential to prevent any single branch from dominating the others.

The former Chief Justice pointed to specific weaknesses that have accumulated since Ghana adopted the 1992 Constitution. According to her analysis, these gaps have created "anomalies" that undermine democratic legitimacy. She contended that addressing these constitutional deficiencies is not merely a technical exercise but necessary to rebuild citizen confidence in democratic institutions.

"In many ways, our Constitution has worked out for us over the years of its existence; it has created a lot of anomalies which we must correct to move our democracy on to the next level for sustainability because people are getting fed up," Akuffo explained.

Why it matters for Ghana

Akuffo's intervention arrives at a critical moment for Ghana's democracy. Public disillusionment with governance has been rising, with citizens increasingly frustrated by perceived executive overreach and legislative ineffectiveness. Her call for constitutional guardrails speaks directly to these concerns.

The 1992 Constitution, drafted in the context of Ghana's return to multiparty democracy, granted the President considerable powers to act as both head of state and head of government. Over three decades, debates have intensified about whether these powers have grown too extensive relative to legislative and judicial oversight.

Constitutional reform is politically sensitive in Ghana, as it requires broad consensus and could touch on issues that various stakeholders view differently. However, Akuffo's prominence as a former Chief Justice gives significant weight to her argument. Her position at the Institute of Economic Affairs suggests she is engaging with these questions from a policy perspective.

For ordinary Ghanaians, stronger constitutional checks could mean greater accountability from elected officials, more robust parliamentary scrutiny of executive decisions, and a judiciary better positioned to protect rights and enforce limits on power. It could also affect how presidential directives are implemented and how quickly they can bypass normal institutional processes.

The path forward

Akuffo's recommendation for constitutional reforms focused specifically on presidential power constraints signals that Ghana may need to revisit fundamental governance structures. This could involve amendments clarifying the President's authority in specific areas, strengthening parliamentary powers of oversight, or establishing clearer procedures for executive action.

Whether Ghana's political leadership will embrace such reforms remains uncertain, as sitting presidents and their parties may resist limitations on executive authority. However, Akuffo's comments reflect a broader conversation among Ghana's governance experts and civil society about democratic sustainability.