Constitutional loopholes fuel presidential overreach – Prof. Asare

Professor Stephen Kwaku Asare has raised concerns about the growing trend of excessive presidential influence in Ghana’s parliamentary processes, attributing this to both constitutional loopholes and public acceptance of overreach.

Speaking on Joy News’ Newsfile, Prof. Asare expressed dismay over how political culture and constitutional interpretations have enabled presidents to wield disproportionate power, particularly in the appointment of parliamentary leadership.

“And then when we do these insertions via the constitution, we are quick to say the President has too much power. Who is giving the President too much power?

We are the ones giving him too much power,” he emphasized, his frustration evident as he delved into what he believes is a structural problem in Ghana’s governance framework.

The discussion was sparked by debates around how former President John Dramani Mahama formally directed the National Democratic Congress (NDC) caucus to support Alban Bagbin’s election as Speaker of the 9th Parliament.

While some defended Mahama’s directive as a political strategy, Prof. Asare questioned the legitimacy and necessity of such overt involvement, arguing that it undermines the independence of Parliament.

According to Prof. Asare, the President, like any citizen, has the right to lobby or express support for a candidate, but such actions should be carried out discreetly.

“There’s a way of doing it, as Prof. Abotsi was saying, by just doing it in the background,” he noted, referencing fellow legal scholar Prof. Ernest Kofi Abotsi, who advocated for less visible forms of lobbying.

“As a citizen, he has the right to do it in the background, but officially communicating it creates an unhealthy precedent.”

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