Summary of the government's position on the CRC report

In its Position Paper on the final recommendations of the Constitution Review Committee (CRC), approved by Cabinet on July 14, 2026, the Government accepted some proposals outright, modified others and rejected recommendations it considered unnecessary, impractical or better implemented through ordinary legislation.

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The Government has endorsed major reforms to Ghana’s constitutional architecture, including five-year presidential and parliamentary terms, a cap on the number of ministers, the election of Metropolitan, Municipal and District Chief Executives, and the creation of an independent body to determine public-sector emoluments.

In its Position Paper on the final recommendations of the Constitution Review Committee (CRC), approved by Cabinet on July 14, 2026, the Government accepted some proposals outright, modified others and rejected recommendations it considered unnecessary, impractical or better implemented through ordinary legislation.

On the Presidency, the Government accepted the proposed extension of the presidential term from four to five years and supported a corresponding five-year term for Parliament. It argued that the present four-year cycle leaves governments with limited time to formulate, implement and assess policies.

It also supported reducing the minimum age for presidential candidates but proposed 35 years instead of the CRC’s recommended 30 years. Presidential and parliamentary elections would be held in the first week of November, while presidential election petitions would have to be filed within 14 days and determined by the Supreme Court within 30 days.

The Government further agreed that the President should pay taxes on salary, allowances, goods and services, but rejected taxation of presidential pensions and retirement gratuities. It also rejected changes to the existing presidential immunity framework, maintaining that a former President can already face civil or criminal proceedings after leaving office.

On ministerial appointments, the Government rejected a complete separation between Parliament and the Executive. Instead, it proposed removing the constitutional requirement that a majority of ministers must be selected from Parliament, leaving the President free to appoint ministers from within or outside the House.

It accepted the need to restrict the size of government but proposed a maximum of 60 ministers rather than the CRC’s suggested ceiling of 57. The Government also backed a provision requiring the President to dismiss any minister formally censured by Parliament and preventing that minister from being reappointed during the remainder of the relevant presidential or parliamentary term.

For Parliament, the Government proposed a maximum membership of 300. Of that number, 276 MPs would be elected from constituencies, while 24 seats would be allocated through a proportional representation system for women, young people and persons with disabilities, subject to an independent feasibility study.

Dual citizens by birth would be permitted to contest parliamentary elections without renouncing their other citizenship. Public and security service employees seeking political office would, however, have to resign and observe a 12-month cooling-off period, although the restriction would not apply to presidential political appointees.

The Government also endorsed open and recorded parliamentary voting, clearer rules for Private Members’ Bills and safeguards against abuse of the certificate-of-urgency procedure. It rejected proposals to constitutionalise parliamentary town halls, caucus leadership arrangements and public participation requirements, arguing that these could be addressed through legislation, Standing Orders and administrative practice.

In the justice sector, the Government proposed separating the offices of Attorney-General and Minister of Justice. The Attorney-General would cease to be a Minister of State, retain responsibility for public prosecutions and serve under conditions equivalent to those of a Supreme Court Justice. A separate Minister of Justice would oversee the justice sector.

However, the Government rejected proposals to remove the Attorney-General’s power to prosecute corruption cases or require court approval before discontinuing prosecutions.

It supported removing CHRAJ’s corruption-investigation mandate and proposed establishing an independent Public Ethics Commission through the Conduct of Public Officers Bill. The Commission would investigate and prosecute corruption and conflict-of-interest offences involving public officials and their private-sector collaborators.

The Government also accepted the establishment of an Independent Public Emoluments Commission to determine salaries, allowances and benefits for public officers, including Article 71 officeholders. This would replace the existing system under which presidentially appointed committees determine the benefits of senior public officers.

On public financial management, the Government supported stronger fiscal discipline, central-bank accountability and public-debt transparency but preferred reforms to the Public Financial Management Act and Bank of Ghana Act instead of detailed constitutional amendments. It nevertheless backed stronger independence and security of tenure for the Auditor-General.

In the area of fundamental human rights, the Government accepted the abolition of the death penalty and supported a constitutional amendment protecting students from religious discrimination in educational institutions.

Most of the CRC’s other human-rights proposals—including expanded rights relating to bail, privacy, healthcare, housing, disability, women, children, older persons, custodial welfare and a clean environment—were accepted as policy objectives but not as constitutional amendments.

The Government intends to consolidate these protections in a comprehensive Human Rights Act, supported by reforms to legislation on criminal procedure, disability, data protection, matrimonial property, education and children’s welfare.

On decentralisation, the Government endorsed the election of all District Chief Executives rather than the CRC’s proposed phased system. Under its model, the President would nominate five candidates, including at least two women. A vetting committee would shortlist three candidates, including at least one woman, for the local election.

The Government rejected proposals for constitutionally fixed term limits for DCEs, elected deputy DCEs and an Independent Devolution Commission. It also declined to increase the District Assemblies Common Fund to 10 per cent of national revenue but proposed that the Constitution guarantee the direct transfer of 80 per cent of the Fund to assemblies.

In electoral administration, the Government supported a leaner Electoral Commission and an independent regulator for political parties and campaign financing, although it preferred creating the regulator and a Democracy Fund through ordinary legislation.

It also accepted a citizen-led constitutional amendment mechanism but raised the proposed threshold from five to 10 per cent of registered voters. Such initiatives would be channelled through the Council of State. The proposal to create a third category of “semi-entrenched” constitutional provisions was rejected.

Implementation will proceed through two amendment bills. The first will cover non-entrenched provisions and is expected to pass through Parliament by February 2027. The second will address entrenched provisions requiring a referendum.

To reduce cost, the Government proposes holding the referendum alongside the 2027 District Assembly elections. Approval will require participation by at least 40 per cent of registered voters, with at least 75 per cent of valid votes cast in favour.

A Constitution Review Implementation Committee will now translate the accepted and modified recommendations into the two amendment bills and prepare the complementary legislation required to implement reforms outside the Constitution.