Unbundling Power: Why Ghana Must Rethink the Executive-Legislative Marriage

Rethinking Power for Democratic Accountability

This article explores Ghana’s 2025 constitutional reform proposal to fully separate the Executive from the Legislature—a move aimed at strengthening democratic accountability and reducing conflicts of interest. Through a 5Ws analysis and global comparisons with presidential systems in the United States, Brazil, and Kenya, the piece highlights how such reforms could professionalize governance and empower Parliament. While the benefits are clear, the article also acknowledges trade-offs and calls for broad civic engagement to shape the path forward.

As Ghana reopens the conversation on constitutional reform, one proposal stands out for its potential to reshape the very architecture of our democracy: the separation of the Executive from the Legislature. The 2025 Constitutional Review Committee has recommended amending Article 78(1) of the 1992 Constitution to prohibit Members of Parliament (MPs) from being appointed as Ministers or Deputy Ministers.

This is not a cosmetic change. It is a structural pivot—one that could redefine how power is exercised, how laws are made, and how leaders are held accountable. To understand its significance, we must ask the right questions, examine global models, and reflect on what kind of democracy we want to build.

The 5Ws: Understanding the Reform

What is being proposed?

• A full separation of powers between the Executive and the Legislature.
• MPs would no longer be eligible for ministerial appointments.
• Ministers would be appointed from outside Parliament, creating a clearer distinction between those who make laws and those who execute them.

Who does this affect?

• MPs, who currently hold dual roles as legislators and ministers.
• The Executive, which would need to recruit technocrats or professionals from outside Parliament.
• Citizens, who rely on Parliament to check the Executive and represent their interests without conflict.

When does this matter most?

• During budget approvals, oversight hearings, and policy debates, where MPs who double as ministers often face divided loyalties.
• In constituency service, where minister-MPs are frequently absent or overstretched.
• In election cycles, where ministerial appointments are used as political rewards, undermining meritocracy.

Where are the risks and opportunities?

• In Parliament, which could become more independent, assertive, and policy-focused.
• In the Executive, which may gain access to a broader talent pool but lose the political insulation provided by MPs.
• In public trust, which could be strengthened by clearer accountability—or weakened if reforms are poorly implemented.

Why is this reform necessary?

• To end the conflict of interest where MPs are expected to scrutinize the very government they serve.
• To restore Parliament’s independence, allowing it to function as a true check on Executive power.
• To professionalize governance, ensuring that ministers are appointed based on expertise, not political expediency.

Global Lessons: What Other Democracies Teach Us

Ghana is not alone in grappling with the balance of power. Several countries have adopted full presidential systems with clear executive-legislative separation. Their experiences offer valuable insights:

🇺🇸 United States

• System: Full presidential
• Key Feature: Cabinet members cannot be members of Congress.
• Lesson: Ensures strong checks and balances, though it can lead to gridlock without bipartisan cooperation.

🇧🇷 Brazil

• System: Presidential republic
• Key Feature: Ministers are appointed from outside the legislature; proportional representation in Parliament.
• Lesson: Encourages technocratic governance, but fragmented party systems can challenge consensus-building.

🇰🇪 Kenya

• System: Presidential (post-2010 Constitution)
• Key Feature: Ministers cannot be MPs; strong bicameral Parliament and devolved county governments.
• Lesson: Demonstrates that African democracies can adopt separation while promoting local accountability and inclusive governance.

These models show that separation of powers can work—but only when paired with strong institutions, civic education, and a culture of accountability.

Implications and Trade-Offs
Potential Benefits

• Stronger checks and balances: Parliament can hold ministers accountable without fear of political backlash.
• Improved legislative focus: MPs can dedicate themselves fully to lawmaking and constituency work.
• Reduced patronage: Ministerial appointments would no longer be used to secure parliamentary loyalty.
• Broader talent pool: The Executive can recruit experts from academia, civil society, and the private sector.

Possible Challenges

• Political resistance: Parties may oppose losing the ability to reward loyal MPs with ministerial roles.
• Coordination hurdles: A fully separate Executive and Legislature may face gridlock without strong inter-branch collaboration.
• Transition pains: Adjusting to a new system will require legal, procedural, and cultural shifts.

The Way Forward: A Call to All Ghanaians

This reform cannot be left to politicians alone. It demands national dialogue, civic education, and broad-based participation. Every Ghanaian—especially those of voting age—must join the conversation.

Recommendations and Suggestions

• Publish the full Constitutional Review Report for public scrutiny and debate.
• Host town halls and media forums across all regions to explain the reform in local languages.
• Empower civil society and student unions to lead civic education campaigns.
• Tie the reform to broader governance improvements, including:- Decoupling the Attorney-General from the Ministry of Justice. - Strengthening anti-corruption institutions. - Ensuring transparency in ministerial appointments.
• Hold a national referendum to legitimize any amendment to entrenched constitutional provisions.

Final Word: Power Must Be Accountable, Not Concentrated

Ghana’s democracy is maturing. But maturity requires courage—the courage to question inherited systems, to confront conflicts of interest, and to build institutions that serve the people, not the powerful.

Separating the Executive from the Legislature is not about weakening government. It’s about strengthening democracy. It’s about ensuring that those who make the laws are not beholden to those who execute them.

Let us rise to the moment. Let us demand clarity, accountability, and reform—not for the sake of change, but for the future of our republic.

Retired Senior Citizen
Teshie-Nungua
akpaluck@gmail.com

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