When a Ghanaian president makes certain major appointments, the Constitution requires consultation with a body that many citizens rarely hear about. The Council of State, created under the 1992 Constitution, is meant to bring experience and wisdom to the highest level of government. Its role is advisory, but its advice is required on several important decisions.
Origins and membership
The idea of a council of elders advising leaders has deep roots in Ghanaian tradition, where chiefs consult elders before decisions. Earlier constitutions also had advisory councils. The 1992 Constitution set out the modern Council of State. The council includes people who have held top offices, such as a former chief justice, a former chief of defence staff and a former inspector-general of police, along with the president of the National House of Chiefs. Other members are appointed by the president, and each region elects a representative.
Elections, duties and bills
Regional representatives are elected by electoral colleges made up of representatives from district assemblies. The creation of new regions in 2019 increased the number of these seats.
The council advises the president on the performance of his functions. It also advises on appointments to many constitutional bodies, such as the Electoral Commission, the Inspector-General of Police and others where the Constitution requires consultation. The council may consider bills passed by Parliament and make recommendations to the president, though its views are not binding.
Petitions, criticism and partisanship
In processes to remove certain officials, the president consults the Council of State before forming committees of inquiry. This happened in high-profile cases involving heads of constitutional bodies. Critics say the council’s work is too secretive and that its advice is rarely made public. Others argue that discretion is necessary for frank counsel. Because many members are appointed by the president, critics argue the council can lean towards the government of the day. Supporters say its senior members bring independent judgement.
Offices and meetings
The council has offices in Accra and a secretariat that supports its work. The council meets regularly in Accra and can also be asked to give advice on specific matters by Parliament or other bodies. Its members serve terms that end with the president’s term, and a new council is formed after each election. The Council of State works mostly out of sight. Its quiet advice shapes appointments that Ghanaians notice loudly once they are announced.
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