1992 Constitution’s Council of State: Flawed system, needs review, amendment

Ghana’s 1992 Constitution establishes a democratic framework of checks and balances, with the Council of State, outlined in Articles 89-92, serving as an advisory body to the President and state institutions. 

Yet, recent controversies—vote-buying, political interference, and lack of genuine representation in electing regional representatives—have exposed flaws in its structure and relevance.

As Ghana reviews its Constitution, a bold reform is proposed: replace regional representatives (Article 89, clause 2, paragraph (c)) with Presidents of the Regional Houses of Chiefs.

Rooted in historical practice, this aligns with Ghana’s cultural heritage, promotes inclusivity and insulates the Council from political corruption. 

It also offers a chance to include queenmothers in national decision-making, addressing their exclusion from the House of Chiefs.

Antecedents

The Council’s origins are traced to Ghana’s post-independence era, blending modernity with tradition.

The 1960 Republican Constitution created a Council to advise the President, echoing pre-colonial systems where chiefs and elders were central to governance. 

As mediators and custodians of values, chiefs wielded political and cultural influence, a role colonial indirect rule later reinforced (Rathbone, 2000).

Post-independence, their formal role waned, limited by the 1992 Constitution to the National House of Chiefs, sidelining their local expertise. 

Replacing regional representatives with Presidents of the Regional House of Chiefs revives this tradition, adapting it to modern democratic needs.

Advantages, reform

Traditional authorities command greater legitimacy and public trust. Chiefs derive their authority from aged customs and traditions, which are deeply embedded in the communities they serve.

Unlike political appointees or elected officials, chiefs are not chosen through partisan processes but are recognised based on their lineage and the trust of their people.

This organic connection to their communities grants them legitimacy that is difficult to achieve through political means.

Their role as custodians of customary law and cultural values positions them to offer advice that genuinely reflects the needs and aspirations of grassroots people.

By including the Presidents of the Regional Houses of Chiefs on the Council of State, the government would tap into this reservoir of trust and legitimacy, ensuring that national policies are informed by voices representing the people.

Unlike the current politicised council, which is perceived as aligned with ruling interests, chiefs are nonpartisan and loyal to their communities.

This shift would depoliticise the Council, restoring public trust in its impartiality and reinforcing its advisory role. 

Chiefs’ firsthand understanding of local issues—land disputes, illegal mining (“galamsey”), and rural development—ensures policies address ground realities, making governance inclusive and effective.

Role queen mothers in ‘new council’

While including Presidents of Regional Houses of Chiefs is a positive step, addressing the exclusion of queenmothers from the House of Chiefs is equally vital.

Queenmothers influence community affairs, yet lack formal roles.

Amending the House to include paramount queenmothers would enhance representation, incorporating women’s perspectives on family, education and health.

This aligns with gender equality, ensuring a balanced council that reflects Ghana’s diversity.

Chiefs, technical expertise

A standard critique of the proposal to include chiefs in the Council of State is the perception that they lack the technical expertise to address complex policy issues.

This argument overlooks the significant strides traditional leaders have made in adapting to modern governance demands.

While historically rooted in cultural practices, many contemporary chiefs are educated professionals—judges, academics, doctors—blending traditional wisdom with expertise. 

This dual identity equips them to address complex policy issues with a unique blend of traditional wisdom and modern knowledge.

The Chieftaincy Act, 2008 (Act 759) shows their adaptability in conflict resolution and land management, collaborating with modern institutions.

A council mixing chiefs with appointees and ex-officio members balances cultural legitimacy with technical knowledge. 

Chiefs address rural challenges often ignored, ensuring policies are both sound and relevant, boosting public acceptance.

Conclusion

The Council of State, currently constituted under the 1992 Constitution, faces significant challenges that undermine its credibility and effectiveness.

Allegations of politicisation, vote-buying and a lack of genuine representation have eroded public trust in the institution.

However, the proposal to replace regional representatives with the Presidents of the Regional Houses of Chiefs offers a compelling mix that aligns with Ghana's historical governance traditions and contemporary needs.

Traditional leaders bring unparalleled legitimacy, grassroots insights and a non-partisan approach to governance.

Their inclusion in the Council of State would enhance the institution's credibility and ensure that the realities of local communities inform national policies.

Moreover, the evolving profile of chiefs as highly educated professionals with diverse expertise dispels the notion that they lack the technical knowledge to contribute meaningfully to national decision-making.

By adopting this reform, Ghana would reaffirm its commitment to preserving its cultural heritage while addressing the challenges of modern governance.

It would create a more inclusive, representative and effective Council of State that genuinely serves the interests of all Ghanaians.

This change would strengthen the Council's role as an advisory body and reinforce its position as a stabilising force in Ghana's democratic architecture. 

Additionally, including queenmothers in the House of Chiefs would further enhance the institution's representativeness and ensure that women's voices are heard in national decision-making processes.

Together, these reforms would pave the way for a more equitable and inclusive governance system in Ghana.

 The writer is an Associate @ Sedi Legal Bureau.

E-mail: tony@sedilegalbureau.com