CRC Proposes Ban on MPs as Ministers, Caps Supreme Court and Parliament

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Prempeh

The Constitution Review Committee (CRC) has proposed far-reaching constitutional reforms aimed at reducing the cost of governance and strengthening the separation of powers, including a recommendation to stop the appointment of Members of Parliament (MPs as ministers of state.

In its report submitted to President John Dramani Mahama last Monday, the committee called for amendments to Article 78(1) of the 1992 Constitution to prohibit MPs from serving as ministers, deputy ministers or regional ministers. It further proposed that any MP who resigns from Parliament should also be barred from taking up a ministerial appointment for the remainder of that parliamentary term.

The CRC also recommended placing firm limits on the size of government and key state institutions. It proposed capping the number of Supreme Court Justices at 15, including the Chief Justice, and maintaining the current size of Parliament at 276 members. In addition, the total number of ministers of state — including deputy and regional ministers — should not exceed 57.

The committee explained that the proposed restriction on appointing MPs as ministers mirrors provisions in the United States Constitution, which bars sitting members of Congress from holding executive positions, thereby reinforcing checks and balances.

On ministerial appointments, the CRC recommended changes to Article 78(2) to limit the number of ministers of state to three times the number of Cabinet ministers. Since Cabinet ministers are capped at 19, the total number of ministers would therefore not exceed 57. The committee also advised that deputy regional minister positions should be abolished, and that any appointment beyond the ceiling should require written justification from the President and approval by Parliament through a simple majority.

Regarding the Supreme Court, the CRC noted that while the Constitution currently sets a minimum number of justices, it does not prescribe a maximum. Capping the number at 15, the committee said, would preserve flexibility while preventing excessive expansion of the apex court. In recent years, the court has had as many as 19 justices.

The committee acknowledged differing views from legal experts on the issue. Former Chief Justices Gertrude Torkornoo, Kwasi Anin Yeboah and Sophia Akuffo have previously argued against imposing numerical limits, citing the broad jurisdiction and heavy workload of the Supreme Court.

To further ease pressure on the apex court, the CRC recommended that appeals from lower courts should ordinarily end at the Court of Appeal, with cases reaching the Supreme Court only by leave. This, the committee said, would allow the court to focus on constitutional and nationally significant matters, while improving the speed of justice delivery. No numerical limits were proposed for the Court of Appeal or the High Court.

The CRC also proposed reforms to the handling of presidential election petitions. Under its recommendations, such petitions should be filed within 14 days after the declaration of results and concluded by the Supreme Court within 30 days. The Electoral Commission would be required to promptly provide all relevant electoral data to the court and parties involved.

On parliamentary reforms, the committee justified maintaining the current size of Parliament by pointing to rising public expenditure without corresponding gains in efficiency. It warned that continued expansion of constituencies increases costs related to salaries, allowances, infrastructure and administration.

To enhance inclusiveness and accountability, the CRC suggested that Ghana consider adopting a proportional representation system alongside the existing constituency-based model. According to the committee, this could improve representation for women, persons with disabilities, minorities and smaller political parties.

Finally, the CRC called for greater internal independence of Parliament, urging reforms that would reduce excessive party control and empower MPs to carry out oversight and legislative duties in the national interest.

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