A Retired Senior Research Fellow from the School for Development Studies at the University of Cape Coast, Dr. Kenneth Shelton Aikins has called for bold constitutional reforms arguing that the current system compromises the independence of Parliament and weakens its oversight function.
In an exclusive interview during the Zonal Public Engagement on Constitutional Review in Cape Coast, he criticized the constitutional clause permitting the President to appoint a minimum of two-thirds of ministers from among sitting Members of Parliament, describing it as a flaw that undermines the principle of separation of powers.
As a corrective measure, Dr. Aikins proposed the introduction of a “shadow MP” system, under which each parliamentary candidate would contest elections with a pre-declared partner or alternate.
According to him, in the event that the elected MP is appointed to an executive role, resigns, or becomes incapacitated, the designated partner would automatically assume the parliamentary seat.
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Dr. Aikins explained that the proposed model draws inspiration from the French parliamentary system, which employs “suppléants”, officially designated substitutes for elected representatives.
He argued that adopting a similar framework in Ghana would not only ensure a smoother and more efficient succession process but also mitigate the political tensions and financial burdens typically associated with conducting by-elections.
“To strengthen oversight and reduce political disruptions, there’s a proposal for MPs to run with designated partners or ‘shadows‘” and if an MP is appointed to an executive role, their partner would automatically take over the parliamentary seat, avoiding the need for costly and contentious by-elections,” he stated.
However, he acknowledged potential risks, including jealousy and power struggles between elected MPs and their partners.
He said “it’s essentially a contingency plan, in countries like France, the MP’s partner is usually a lesser-known figure, included purely for backup. But if the primary MP becomes a minister or is unable to serve, the partner steps in, and gains valuable parliamentary experience.”
Dr. Aikins, who is also the President of MOBA, Central Region, also urged for a review of the Supreme Court’s composition and mandate.
He recommended instituting a limit on the number of justices and called for the establishment of a dedicated Constitutional Court to handle constitutional interpretation, a responsibility currently vested in the Supreme Court under Ghana’s U.S.-inspired legal system.
He further called for a reassessment of the Council of State, questioning whether it should continue as an advisory body or evolve into a second legislative chamber with more defined powers.
“Our Supreme Court merges judicial and constitutional review, unlike systems with separate courts. “Yet, there’s no cap on the number of justices, unlike similar models which limit it to about nine. We also need clarity on the Council of State’s role, whether it’s purely advisory or functions as a second chamber,” he intimated.
The aim of the Zonal Public Engagement on Constitutional Review is to gather public input on amending aspects of the 1992 Constitution to reflect Ghana’s democratic growth and address long-standing structural challenges.
SOURCE: ABENAA OFORIWAA FRIMPONG/ATLFMNEWS
