The Tug-of-War Over the EC and Judiciary: Why Ghana’s Democracy is Skating on Thin Ice

The constitutional foundation of Ghana’s Fourth Republic relies entirely on the absolute neutrality of its state institutions. However, recent developments—including the historic removal of former Chief Justice Gertrude Torkornoo and the October 2026 appointments of Emelia Afi Agbenyo and Dr. Joseph Kwaku Asamoah as Deputy Electoral Commission (EC) Chairs—have thrust these institutions into intense partisan warfare.

When political actors switch roles between government and opposition, their arguments flip symmetrically: what was once defended as "executive prerogative" is suddenly decried by NPP’s Dennis Miracles Aboagye as "illegal bullying", while the NDC counters by pointing out past political appointments. For Ghana to sustain its democratic credentials, citizens must look past the immediate political rhetoric and understand the structural flaws that allow these cyclical crises to occur.

As the legendary Dagomba proverb, frequently echoed by Alhaji A.B.A. Fuseini, wisely warns us:

"If the lizard wants to wear trousers, it must first know where to put its tail."

Our political leaders want the benefits of a stable democracy, yet they refuse to modify their partisan appetites to fit the institutional constraints required to maintain it.

The Realities Behind the Rhetoric

• The Judiciary Under Fire: The removal of Chief Justice Torkornoo under Article 146 of the Constitution was defended by the administration as a lawful exercise of accountability regarding public funds. Conversely, the opposition framed it as an unprecedented assault on judicial independence, demonstrating how constitutional processes can be twisted into partisan weapons depending on who holds power. This brings to mind the biblical warning in Amos 5:24: "But let justice roll down like waters, and righteousness like an ever-flowing stream." True justice cannot flow when political power alters its course.
• The EC Appointment Cycle: The ongoing dispute over the new Deputy EC Chairs mirrors past controversies perfectly. Critics point out that Emelia Afi Agbenyo served as a Governance Sector Spokesperson for the NDC during the 2024 campaign, calling it an obvious political reward. Yet, this is the classic "pot calling the kettle black." A secondary Dagomba proverb reminds us that "a man who is being carried on someone else's back does not realize how long the journey is." Political parties comfortably exploit these constitutional loopholes while in power, only to complain about the heat when they return to opposition.
• The Cost of Deep Polarization: When the Judiciary and the EC are viewed through a purely partisan lens, public trust erodes completely. As Alexander Hamilton famously observed in Federalist No. 78, the judiciary has "no influence over either the sword or the purse... It must depend upon the aid of the executive arm even for the efficacy of its judgments." A democracy cannot function effectively if half the population believes the referee of its elections or the arbiter of its laws is fundamentally compromised.

The Civil Society Consensus
Local civil society organizations (CSOs) have been ringing the alarm bells for years, cautioning that structural integrity is being sacrificed for short-term political gain.

The Institute for Democratic Governance (IDEG) has consistently called for a non-partisan approach to governance. IDEG's Executive Director, Dr. Emmanuel Akwetey, noted that the credibility of our democratic systems rests on the nature of its leadership selection [IDEG]:

"Integrity, competence, and professionalism—not politics—should guide EC appointments. Prospective appointees must be individuals of unquestionable integrity who can leave a lasting legacy in the country's democratic development." [IDEG]

Similarly, the Ghana Center for Democratic Development (CDD-Ghana) has routinely advocated for transparency and wider consultation, noting that public skepticism arises directly from a lack of consensus [CDD-Ghana]. Commenting on the ongoing constitutional review process, CDD-Ghana has stressed that the process "should not be taken lightly as a mere response to only transitory urges of politicians," but must rather be an inclusive process built on broad public ownership and multi-stakeholder participation.

Navigating the Hard Road of Constitutional Amendment (Article 70)

To fix executive overreach, we must reform Article 70, which gives the President nearly unchecked authority to appoint heads of independent bodies like the EC. However, doing so is not a simple legislative task. Because provisions relating to the Electoral Commission and the representation of the people are entrenched clauses under Article 290 of the 1992 Constitution, amending them requires navigating Ghana's most rigorous legal path:

• Council of State Review: The Speaker of Parliament must refer the bill to the Council of State. They have 30 days to render advisory counsel.
• Six-Month Gazette: The bill must be published in the Gazette and cannot be introduced into Parliament until a mandatory six-month waiting period expires.
• National Referendum: Parliament submits the bill to a nationwide vote. To pass, the referendum requires a minimum 40% voter turnout, with at least 75% of voters voting "YES".
• Final Assent: Once the Electoral Commission certifies the referendum victory, Parliament passes the bill, and the President must sign it into law.

Citing International Best Practices
Ghana does not need to reinvent the wheel. To insulate our state organs from raw executive control, we must adopt tried-and-tested international safety protocols:

• The South African Model for the IEC: In South Africa, members of the Electoral Commission are not chosen from a hidden party database. They are evaluated through open, televised public interviews conducted by a panel headed by the Chief Justice. The final shortlist requires a two-thirds majority approval in the National Assembly, ensuring deep cross-party consensus.
• The United Kingdom's Judicial Appointments Commission (JAC): To eliminate the phenomenon of "court-packing" or vindictive executive sackings, the UK utilizes an independent, statutory body to select judicial candidates solely on merit. The executive branch possesses an incredibly restricted veto power, ensuring politicians cannot simply hand-pick or casually bully sitting judges.

Recommendations for Structural Reform
To safeguard the integrity of Ghana's independent organs and clear the persistent element of doubt among the electorate, the following institutional reforms are highly recommended:

• Introduce Supermajority Parliamentary Screening: Establish a bipartisan, two-thirds majority approval requirement in Parliament for both EC commissioners and the Chief Justice to prevent simple majority dominance.
• Enact Strict "Cooling-Off" Periods: Formulate strict statutory definitions of "political exposure." Anyone who has served as a party executive, campaign spokesperson, or card-bearing activist must face a mandatory 5-to-10-year cooling-off period before being eligible for neutral state roles.
• Strengthen Internal Regulatory Audits: Enhance internal audit mechanisms within the Judiciary and the EC. Misconduct or financial mismanagement must be handled transparently by independent professional bodies before turning into messy, executive-led removal processes.

Ghana’s democracy has proven highly resilient, but it cannot indefinitely withstand the systematic erosion of trust in its core institutions. The fierce rhetorical battles between the NPP and NDC over the Judiciary and the Electoral Commission reveal a deeper, systemic vulnerability: our laws leave independent institutions dangerously exposed to the whims of executive power.

Educating the public means moving beyond the partisan blame game of who "went after" whom and focusing instead on repairing the constitutional loopholes that permit these vulnerabilities. As Jesus Christ declared in Matthew 12:25, "Every kingdom divided against itself is laid waste, and no city or house divided against itself will stand." True institutional independence will only be achieved when we build systems that are stronger than the political parties that seek to control them. ✍️ Submitted by:

Retired Senior Citizen
For and on behalf of all Senior Citizens of the Republic of Ghana 🇬🇭

Teshie-Nungua
[email protected]