Ghana News

Review Article 78(1), it weakens parliament – SC Justice

A Justice of the Supreme Court, Mr Yaw Appau has asked Ghana’s Parliament to review Article 78(1) of the 1992 Constitution.

Article 78 (1) states that: “Ministers of State shall be appointed by the President with the prior approval of Parliament from among members of Parliament or persons qualified to be elected as members of Parliament, except that the majority of Ministers of State shall be appointed from among members of Parliament.”

Justice Appau wants a review this law because in his view, appointing more ministers from parliament weakens the supervisory role of law making body.

In his address at a leadership dialogue organized by the centre for social justice, he outlined eleven recommendations which included parliament intensifying its role in the operation of the consolidated funds as a measure in fight against corruption.


He asked the House to increase its supervisory role especially on how the consolidated fund is utilized.

Justice Appau said Parliament must act swiftly on the reports of the Auditor General which has over the years identified corrupt practices in the utilisation of the consolidated Funds.

He further urged the media to hold all duty bearers accountable without fear and favor but advised it is done constructively.

He said “Parliament must intensify its supervisory role in the operations of the consolidated fund and ensure that the auditor general recommendations are strictly adhered to.

“I am of the view that Parliament can perform its independent role better if a second look is taken at article 78 (1) of the 1992 constitution which requires the president to appoint majority of his governing ministers from parliament.

“The existing practice weakens parliament’s resolve to check the executive because invariable the executive has one his legs in parliament.”

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