Structure of the

Ghanaian State
 Contents

Foreword 3

The Executive 5

The Legislature 11

The Judiciary 13

References 15

2
 Foreword

Foreword

To achieve its long-term goal of consolidating democracy in Ghana, the

Friedrich-Ebert-Stiftung believes in the importance of building the capacities
of all public office holders and to have well-informed citizens. One major
way to achieve this is education on roles, rights and responsibilities of every
Ghanaian.
“Every state
Every state structure is complex but in order to make a contribution to
policymaking as well as influence decisions, it is necessary to have an insight
structure
into the political system. is complex
To make the governance structure reader-friendly, the Friedrich-Ebert-
Stiftung cooperated with the Human Rights Advocacy Centre to write this
but in order
in simple language – The Structure of the Ghanaian State. This booklet also to make a
has a pictorial representation on an A2 poster.
contribution to
In the booklet, some light is shed on the roles and functions of the organs of
government, state institutions and the district assemblies. Additionally, how policymaking
accountability is ensured in the various organs, institutions and the district
assemblies are stated. as well as
We in the Friedrich-Ebert-Stiftung are thankful to the Human Rights influence
Advocacy Centre who cooperated with us on this project.
decisions, it
We acknowledge the fruitful and very useful comments of the Honourable
Mr Justice V. C. R. A. C. Crabbe, Statute Law Revision Commissioner, and is necessary
Dr. Bossman Asare of the Political Science Department of the University of
Ghana who validated the publication.
to have an
It is our hope that this book will serve as a credible reference source and a
insight into
reliable information material for students, policymakers, advocacy groups
and the general public.
the political
Daniela Kuzu
system”
Resident Director, FES Ghana

3
 The Executive

The Structure of the Ghanaian State

The structure of the Ghanaian State is set out in the 1992 Constitution. The
constitution outlines not only how the various individuals and public bodies
fit together, but also explains their respective functions. It also sheds light
on the various mechanisms of accountability built into the system. For the
sake of clarity, the constitution separates the state into three branches: the
Executive, the Legislature and the Judiciary and indicates boundaries for the “ In the
performance of their respective powers and the limitations on the exercise
of those powers.
performance of
The Executive
its functions,
The Executive Branch of Government has responsibility for the functioning
of the public services. It is responsible for implementing the laws passed
however, the
by parliament. In the performance of its functions, however, the executive Executive both
both implements and determines law. Members of the executive are drawn
from the largest political party in parliament, which by virtue of its majority implements
has won an electoral mandate to govern.
Thus, the government produces policies, and because of its numerical and determines
advantage in parliamentary votes, it is able to dominate proceedings.
Therefore, in reality, the Executive is responsible for both determining and law.”
implementing government policy.

The President is the Head of the Executive. He or she is ‘Head of State and
Head of Government and Commander in-Chief of the Armed Forces’.1 A
further key duty of the President is to make appointments to various public
offices, including the Chief Justice2, Inspector-General of Police3 and the
Auditor-General.4
The appointments are made in consultation with the Council of State and
approved by parliament. Beneath the President in the hierarchy is the Vice-
President who is responsible for presidential duties if the President is unable
to perform them. If the President dies, resigns, is removed from office5 ,
or is out of the country6 , the Vice-President takes over. If, for any reason,
the Vice-President is unable to fulfil these duties, the Speaker shall assume
them.7

The Cabinet
The Cabinet is the responsible body for assist[ing] the President in the
determination of general policy of the government.8 The Cabinet consists
of the President, the Vice-President and not more than nineteen ministers
of state.9
Ministers are appointed by the President with the approval of parliament to
run the various ministries.10 The majority of the ministers must be Members
of Parliament. A ministry is a specialised government body responsible
1
Constitution of the Republic of Ghana, 1992, 57. (1) 2Constitution of the Republic of Ghana, 1992,
144. (1). 3Constitution of the Republic of Ghana, 1992, 202. (1). 4Constitution of the Republic of Ghana,
1992, 70. (1)(b) 5Constitution of the Republic of Ghana, 1992, 60. (6) 6Constitution of the Republic
of Ghana, 1992, 60. (8) 7Constitution of the Republic of Ghana, 1992, 60. (11) 8Constitution of the
Republic of Ghana, 1992, 76. (2)
5
The Structure of the Ghanaian state

for the functioning of a particular area of state. There are 21 Ghanaian

Ministries, including the Ministry of Defence, the Ministry of Health and
the Ministry of Education and Sport. Ministers are assisted in their duties by
Deputy Ministers.

Regional Ministers
As cited in the constitution, it is the President, with the approval of
parliament, who appoints a Regional Minister for each of the regions of
Ghana. It is the duty of the Regional Ministers to represent the President in
the region. They are responsible for the coordination and direction of the
administration in the region. 11Each Regional Minister is the chairman of the
Regional Coordinating Council. The Regional Coordinating Council consists
of the Regional Minister and his deputies, the Presiding Member and the
District Chief Executive from each district in the region, two chiefs from the
Regional House of chiefs, and the Regional Heads of the ministries.12

Key Advisory Panels

The Executive also benefits from three key advisory panels: the National
Security Council, the National Development Planning Commission, and
the Council of State. Although their functions are distinct, they all serve
to counsel the government, hold it to account and ensure it is functioning
effectively. The National Security Council is responsible for safeguarding the
internal and external security of Ghana. It aims to ensure the integration
of domestic, foreign and security policy to allow the security services
and other government departments to cooperate on matters of national
security.13 The National Development Planning Commission analyses macro-
economic reform options and creates plans and policies for development.14
The Council of State is an advisory panel of prominent citizens of proven
character. Its main function is to ‘counsel the President in the performance of
his functions.’15 The Council also advises public officials, including Ministers
and Members of Parliament.16

Accountability within the Executive

The Council of State

The Council of State has a key role in holding the Executive to account. The
composition of the Council of State is important. It must include a former
Chief Justice, a former Chief of Defence Staff of the Armed Forces, a former
Inspector-General of Police, the President of the National House of Chiefs
and an elected representative from each region of Ghana.17 Thus, in its
recommendations, it not only has expertise and experience in several key
areas of the state, it can also gauge the feelings of different regions.

Commission on Human Rights Administrative Justice (CHRAJ)

The Commission on Human Rights and Administrative Justice is the national
human rights body which derives its authority from the constitution and an
enabling Act of Parliament, Act 456 of 1993. It exists to protect fundamental
human rights and to ensure good governance. The mandate of CHRAJ
encompasses the national human rights institution, the Ombudsman (an

10
Constitution of the Republic of Ghana, 1992, 78. (1) 11Constitution of the Republic of Ghana, 1992,
256, (1). 12Ibid, 255. 13Constitution of the Republic of Ghana, 1992, 84 14Constitution of the Republic of
Ghana, 1992, 87. (2)

6
 The Executive

agency which ensures administrative justice) and an anticorruption agency

for the public good.
Specifically, the CHRAJ mandate include “investigating complaints of
violations of fundamental rights and freedoms, injustice, corruption,
abuse of power and unfair treatment of any person by a public officer
in the exercise of his official duties.” CHRAJ also investigates complaints
concerning certain public bodies including the Public Services Commission,
the administrative organs of state, the Armed Forces, the Police and Prisons
Services in relation “to the failure to achieve a balanced structuring of those
services.” In addition, it investigates complaints concerning practices and
actions by persons, private enterprises and other institutions where those
complaints relate to violations of fundamental human rights and freedoms.
Additionally, CHRAJ investigates all instances of alleged or suspected
corruption and reports to the Attorney-General and the Auditor-General.
The Commission annually gives account on its functions to parliament. It
“CHRAJ is able
is headed by a Commissioner and two Deputy Commissioners who are all
appointed by the President. CHRAJ has a national and a district representation
to “call for the
which is created by Act 456. Each region and district is headed by a Regional remedying,
and a District Director respectively.
Their functions include receiving “complaints from the public in the region correction and
or district, making on-the-spot investigations as may be necessary; and
discharge any other duties relating to the functions of the Commission that reversal of
may be assigned to him or her by the Commissioner.”18
instances of
CHRAJ has been granted the autonomy to initiate legal proceedings to support
its recommendations. CHRAJ is able to “call for the remedying, correction abuse of power
and reversal of instances of abuse of power and human rights”19 through
means such as: bringing proceedings before a competent court in order and human
to terminate the offending action or conduct; restraining the enforcement
of such legislation or regulation by challenging its validity if appropriate;
rights”
presenting cases before any Ghanaian court.20 CHRAJ’s authority to initiate
civil action is an interesting and important feature. No Ombudsman system
anywhere has equal power.
CHRAJ also has “special powers of investigation” such as issuing subpoenas
and issuing prosecution of contemptuous persons.21 However, CHRAJ is not
without restrictions. CHRAJ may not investigate matters which are pending
before a court or judicial tribunal; a matter involving Ghana’s relations with
other governments or international organisations; or a matter relating to
the exercise of the prerogative of mercy.22
CHRAJ is bound to the traditional judicial process in Ghana which is said to
have limited its ability to function effectively.23 CHRAJ is criticised as being
unable to implement some of its recommendations. CHRAJ has limited
financial autonomy, its funds are provided by parliament and charged on
the Consolidated Fund24. Limited resources and reliance on public funding
limits its actual ability to act autonomously or effectively.25 It is unable to
recruit the best staff and lawyers due to remuneration issues.

National Commission for Civic Education (NCCE)

The Constitution establishes the National Commission for Civic Education
and provides for its functions leaving it to parliament to fill in the details26.
The Commission is responsible for creating awareness within the Ghanaian
15
Constitution of the Republic of Ghana, 1992, 89. (1). 16Constitution of the Republic of Ghana, 1992,
91. (3). 17Constitution of the Republic of Ghana, 1992, 89. (2)

7
The Structure of the Ghanaian state

society on the constitution as “the fundamental law of the people of

Ghana”27 whilst educating Ghanaians to defend the constitution at all times
against all forms of abuse and violation. The Commission is also mandated
to develop periodic awareness creation programmes on the constitution for
the consideration of government at all levels with the purpose of ensuring
the objectives of the constitution. It is responsible to develop, enforce and
superintend programmes to instil in Ghanaians, awareness of their civic
responsibilities and “an appreciation of their rights and obligations as free
people.”28
The NCCE consists of a chairman and two deputies who are appointed by
the President on the advice of the Council of State. The NCCE is national
in character as it is represented in all regions and districts by regional and
district directors. The NCCE empowers citizens and ensures that they are
“The District informed about the role and duties of state institutions, so they can demand
accountability from these institutions. NCCE is independent and insulated
Assembly is from ‘direction or control of any person or authority in the performance of
its functions.’29
responsible for Electoral Commission
formulating One of the governance institutions under the 1992 Constitution of the
Republic of Ghana is the Electoral Commission. It is established by Article 43
and executing of the constitution. The mission of the Electoral Commission is to increase the
development of Ghana by implementing free, fair, and transparent elections
plans, to encourage the advancement of good governance and democracy.30
The Electoral Commission consists of seven members: a chairman, two
programmes deputy chairmen and four other members.31 The Commission has both
administrative and regulatory powers. It is also divided into two major
and strategies functional divisions: Operations as well as Finance & Administration. Both
are sub-divided into departments.32 As required by the 1992 Constitution,
for the the Commission must have a representation in each administrative region
and district of Ghana.
effective The Electoral Commission has to compile the register of voters, separate
development electoral boundaries, direct the conduct of all public elections and affairs
relating directly to all elections in the country, educate the public about the
of the District” electoral process and its purpose, and expand the registration of voters.33
The independence of the Commission is guaranteed in Article 46 of the
constitution. Here, it is stated that in the performance of its functions, the
Electoral Commission shall not be subject to control or direction by any
person or authority.

Local Governance Structure and Accountability

The organisation of district assemblies is created by the Local Government

Act of 1993. The districts that existed immediately prior to the establishment
of the constitution in 1992 were to be used after its establishment34.
The President as an executive instrument may declare and name any area
in Ghana to be a district.35 The Electoral Commission may recommend to
the President that a district shall be established if the appropriate conditions
exist.
A district must have: at minimum a population of seventy-five thousand

18
Art 220 and Act 456 Section 10. 19Act 456 Sections 7&8. 20Art. 218 (d). See also Asibuo, Sam K, The
Role of the Commission of Human Rights and Administrative Justice (CHRAJ) in promoting Public Service
Accountability under Ghana’s Fourth Republic. 21Art. 219 and Ibid, p. 8. 22Ibid, p. 9. 23Ibid, p. 16.
24
Article 227 25Ibid, p. 17.

8
2
 The Executive

people; a municipality that consists of a single compact settlement with

a minimum of ninety-five thousand people; a geographical contiguity and
economic viability. In other words, the area should be able to provide, “basic
infrastructural and other developmental needs from the monetary and other
resources generated in the area”.36

In the Ghanaian Constitution, there is a strong emphasis on devolving power

away from a central government and into the hands of local authorities.37
To this end, each district in Ghana has a District Assembly. The Constitution
states that ‘to ensure the accountability of local Government, people shall,
as far as practicable, be afforded the opportunity to participate effectively
in their governance’.38 For this purpose, members of a District Assembly are
elected by citizens within their area. They are therefore directly accountable
to these local people. “The
The District Assembly is responsible for formulating and executing plans,
programmes and strategies for the effective development of the district.
Constitution
It also levies and collects taxes, rates, duties and fees. Each assembly is
chaired by an elected Presiding Member.39 Each District Assembly also has
states that ‘to
an Executive Committee which is responsible for ensuring that the executive ensure the
and administrative functions of the assembly are successfully fulfilled.40 The
committee is presided over by a District Chief Executive, who is responsible accountability
for the effective functioning of the assembly.41 He or she also oversees the
implementation of government policy at the local level and is the main of local
representative of the Central Government within the district.42
A District Assembly may delegate any of its functions to a Sub-metropolitan Government,
District Council, Town, Area, Zonal or Urban Council or Unit Committee or
such other body as necessary.43 people shall,
as far as
practicable, be
afforded the
opportunity
to participate
effectively
in their
governance’.”

26
Article 231 and 233 27Article 233(a) 28Article 233 (d) 29Article 234 30Article 45. See also http://www.
ec.gov.gh/ 31Constitution of the Republic of Ghana, 1992, 43 32http://www.ec.gov.gh/node/14
33
Constitution of the Republic of Ghana, 1992, 45 34Article 241 (1) 35Local Governments Act (462), 1993,
Section 1. 36Ibid. 37Constitution of the Republic of Ghana, 1992, 240. (1) 38Constitution of the Republic
of Ghana, 1992, 240. (2) (e) 39Constitution of the Republic of Ghana, 1992, 244. (1) 40Constitution
of the Republic of Ghana, 1992, 251. (1) 41Constitution of the Republic of Ghana, 1992, 243. (2) (b)
42
Constitution of the Republic of Ghana, 1992, 243. (2) (c) 43Ibid, Section 15

9
 The Legislatur

The Legislature

As set out in the constitution, parliament is the legislative body of Ghana.44

The Legislature is the component of the Ghanaian state responsible for
making laws, and hence law-making is parliament’s primary function.
It does this by debating and passing bills, which are assented to by the
President to become laws45. The Speaker is in charge of all the proceedings
“The Speaker
of parliament. He or she ensures that parliamentary procedure and protocol is in charge
are followed. The Speaker also acts as a spokesperson for the House in
dealing with other state institutions, including the President.46 The amended of all the
Constitution stipulates that there must be ‘not less than two hundred and
thirty elected members’ (MPs).47 In addition to his or her legislative duties, proceedings
an MP also has a duty to represent his or her constituents and a duty to
support his or her party. of parliament.
Due to the sheer volume of business that Parliament needs to conduct, it He or she
is impractical for the whole House to consider everything. Thus, MPs sit on
numerous Committees which scrutinise different Bills, policy matters and ensures that
other public issues in detail.48
There are three main types of Committees: ‘Standing Committees’, ‘Select parliamentary
Committees’ and ‘Ad Hoc Committees’.49
Standing Committees deal with aspects of business that are of continuing
procedure and
importance to the house. For example broad issues as gender and children,
or rules which govern Members’ financial conduct.
protocol are
Select Committees have the responsibility to scrutinise the expenditure, the
management and the policies of ministries, government departments and
followed. ”
other public agencies.
An Ad Hoc Committee is established to investigate any matter of public
significance or to scrutinise any bill that does not come under the remit
of any of the existing Select Committees. Decisions within committees are
made by a majority vote of the members.

The additional functions of parliamentary committees are mandated by the

Standing Orders of Parliament.50 Each committee has a specific function
determined by its mandate. Select committees have the responsibility of
overseeing specific ministries, departments and agencies. For example, there
is a Committee on Health, a Committee on Foreign Affairs, a Committee
on Land and Forestry etc.51 Standing committees such as the Gender and
Children Committee have tailored mandates and thus, functions.

44
Constitution of the Republic of Ghana, 1992, 93. (2) 45Article 106 (1) 46A Guide to the Parliament of
Ghana 47Constitution of the Republic of Ghana, 1992, 93. (1) 48Constitution of the Republic of Ghana,
1992, 103. (3) 49A Guide to the Parliament of Ghana
50
http://www.parlcomm.org.gh/faq/31-general/60-what-are-the-function-of-parliamentary-committe

11
 Judiciary

Judiciary

The Judiciary is the component of the Ghanaian state responsible for

interpreting the law. The Constitution guarantees that the Judiciary ‘shall
be independent and be subject only to [the] Constitution.’52 It is therefore
impartial. At the head of the Judiciary is the Chief Justice who is responsible
for its administration and supervision.53 He or she is appointed by the
President, acting in consultation with the Council of State and subject to “The
parliamentary approval.
Constitution
Judicial Council
The Judicial Council is responsible for administering justice as provided
guarantees that
in the constitution of Ghana. The Judiciary works under the authority
of the Chief Justice who also chairs the Council. The Council is meant
the Judiciary
to work independently in order to uphold the accurate interpretation of
the constitution.54 The function of the Council includes: “proposing for
‘shall be
the consideration of Government judicial reforms to improve the level
of administration of justice and efficiency in the Judiciary.”55 In terms of
independent
accountability, the Judicial Council plays an advisory role and holds judges and be subject
in check. It also performs other functions relating to the appointment and
removal of judges and other staff of the Judicial Service. only to [the]
The Ghanaian Judiciary has two strata of courts: the Superior Courts and the Constitution’.”
Lower Courts.56 The Superior Court of Judicature consists of: the Supreme
Court, the Appeal Court, the High Court and the Regional Tribunals. The
Supreme Court is the highest court of appeal in Ghana. It also has exclusive
jurisdiction over constitutional matters and has supervisory jurisdiction over
all other courts in Ghana.

The Supreme Court

The Supreme Court consists of the Chief Justice and at least nine other
presidentially-appointed Justices.57 Beneath the Supreme Court is the Appeal
Court, which serves as the appellate body for all of Ghana’s High Courts,
Regional Tribunals and Circuit Courts. It has no original jurisdiction; it only
deals with hearing cases that have already been heard by another court.58

The High Court

The High Court is next in the judicial hierarchy and has original jurisdiction
over all matters, criminal and civil. It also serves as the appellate body for
all judgements made in the Lower Courts, over which it has supervisory
jurisdiction. The High Court is also responsible for enforcing the Fundamental
Human Rights and Freedoms guaranteed by the constitution.59 Regional
Tribunals provide the final component of the Superior Courts. They have
specialised criminal jurisdiction, extending to the power to try offences in
the public interest against the state. Currently, Regional Tribunals are only

51
http://www.parlcomm.org.gh/faq/31-general/57-what-jobs-do-parliamentary-committee-
do. 52Constitution of the Republic of Ghana, 1992, 125. (1) 53Constitution of the Republic of
Ghana, 1992, 125. (4) 54http://www.judicial.gov.gh/index.php?option=com_content&task=v

13
The Structure of the Ghanaian State

operating in Accra and Tamale, as those previously operating in Kumasi,

Takoradi and Bolgatana have been turned into High Courts.60

Beneath the Superior Courts are the Lower Courts, consisting of Circuit
Courts and District Courts. Each Circuit Court is presided over by a Circuit
Judge. The jurisdiction of a Circuit Court includes civil action arising under
contract or tort, recovery of small claims and cases pertaining to land law.
Circuit Courts also have jurisdiction over probate and wills, and matters
relating to the custody of children.61 The majority of cases in Ghana are
handled by District Courts. Such courts have civil jurisdiction over any personal
action arising under contract or tort and any actions related to land law, up
to a certain value. In criminal matters, District Courts have jurisdiction to
try summarily any offence punishable by a fine not exceeding 500 penalty
units or imprisonment for a term not exceeding 2 years.62 District Courts can
also serve as a Juvenile Court63 or a Family Tribunal64. The former hears any
criminal or civil matter concerning a person under the age of eighteen; the
latter deals with actions arising under the Children’s Act 1998.

Fast Track High Court

The Fast Track High Court is a division of the High Court and operates under
an electronic case flow management system. It has six judges sitting at a
time in Accra. It hears certain types of cases, approved by the Chief Justice,
including Commercial, Land, Revenue, Human Rights, Environmental, Bank,
Investment, Defamation, Prerogative Applications, and Criminal Cases.

Commercial Court
The Commercial Division of the High Court is mandated to deal exclusively
with matters of commercial nature. It has a semi autonomous status, to
enable its efficiency and effectiveness. The difference between this court
and the existing High Courts is that it is limited to commercial disputes.

Human Rights Court

The Human Rights Court determines human rights related cases pursuant to
Chapter 5 of the 1992 constitution.

iew&id=5&Itemid=6. 55Article 154 (1) 56Judicial Service of Ghana Annual Report 2005/2006,
11 57Judicial Service of Ghana Annual Report 2005/2006, 13 58Ibid, 14 59Ibid, 15 60Ibid, 21
61
Ibid, 22 62Ibid, 24 63Ibid, 27 64Ibid, 28

14
 References

References

Books and Brochures

Constitution of the Republic of Ghana (1992)
The District Assemblies Act 1993 (Act 462)
The Courts Act, 1993 (Act 459)
CHRAJ Act, 1993 (Act 456)
A Guide to the Parliament of Ghana (2004)
Judicial Service of Ghana Annual Report 2005/2006 (2006)Constitution of
the Republic of Ghana, 1992, 125. (1)
Friedrich-Ebert-Stiftung: A Guide to the Parliament of Ghana, Accra (2004)

Internet
http://www.parlcomm.org.gh/faq/31-general/60-what-are-the-function-of-
parliamentary-committee

http://www.ec.gov.gh/node/14

http://www.parlcomm.org.gh/faq/31-general/57-what-jobs-do-
parliamentary-committee-do

15