In its final report submitted to President John Dramani Mahama, the committee proposed significant changes to the scope of presidential immunity, particularly after a president’s tenure has ended.
According to the report, amendments to Article 57(6) of the Constitution would allow civil cases to be brought against a former president at any time after leaving office, subject only to existing limitation laws. Criminal proceedings, however, would be permitted within a four-year period after a president exits office.
The committee explained that the proposal is intended to strike a careful balance between safeguarding the effective functioning of the presidency and ensuring accountability where alleged misconduct occurred outside official state duties.
It noted that shielding former presidents indefinitely from legal scrutiny could undermine public confidence in democratic governance, especially in cases involving actions taken in a personal capacity before or during their time in office.
Beyond issues of immunity, the committee also made recommendations on presidential succession and executive continuity.
It advised that the Vice-President should remain the automatic successor in the event of a vacancy, dismissing suggestions to introduce a constitutionally recognised Prime Minister.
The report cautioned that granting independent executive authority to a Vice-President could lead to power struggles at the highest level of government.
The report cautioned that granting independent executive authority to a Vice-President could lead to power struggles at the highest level of government.
It added that the current constitutional framework already provides sufficient flexibility for a president to delegate coordinating responsibilities to any member of Cabinet where necessary.
Additionally, the committee proposed changes to existing interpretations of presidential incapacity. Under the new recommendations, the physical absence of both the President and Vice-President from Ghana would no longer constitute grounds for declaring them unable to perform their constitutional duties.
The proposals are expected to fuel public and political debate as discussions on constitutional reform continue across the country.
Additionally, the committee proposed changes to existing interpretations of presidential incapacity. Under the new recommendations, the physical absence of both the President and Vice-President from Ghana would no longer constitute grounds for declaring them unable to perform their constitutional duties.
The proposals are expected to fuel public and political debate as discussions on constitutional reform continue across the country.