The 1992 Constitution of Ghana serves as the cornerstone of the nation’s legal framework, outlining the principles of good governance, human rights, and the rule of law that have shaped the country’s development.
Despite its provisions, the Constitution can be breached through diverse means, including actions, inactions, or oversights by government entities, including the Executive which can undermine its principles.
Executive overreach occurs when the President or Executive branch acts beyond their constitutional limits, infringing on the powers of the other branches, and undermining the constitutional balance of power.
As such, the Constitution is violated when the Executive acts unilaterally, making significant decisions without input from other branches of government or relevant stakeholders, thereby disregarding the constitutional framework of shared power and accountability.
Furthermore, the President’s disregard for the judiciary is a constitutional violation when he refuses to enforce court orders or judgments, or unconstitutionally interfere with the appointment or removal of judges, thereby undermining the independence of the judiciary and the rule of law.
Likewise, Executive violations of the Constitution occur when the President issues orders or directives that usurp the legislative powers of Parliament or declares states of emergency without just cause, or exploits emergency powers to evade constitutional limits.
Moreover, the Executive’s appointment of individuals to crucial positions without adhering to constitutional protocols or requirements, as well as the exploitation of executive authority for personal benefit or to persecute political adversaries, constitutes a flagrant violation of the Constitution.
The most common and troubling violation of the Constitution is the flouting of constitutional procedures, such as bypassing or disregarding the proper channels for passing laws, as exemplified by the contentious anti-LGBTQ legislation.
Accordingly, Kwaku Ansa-Asare, former Director of the Ghana School of Law, has denounced President Akufo-Addo for presiding over an excessively large government, characterizing the President’s actions as a breach of the Constitution, which explicitly outlines the permitted ministries and ministerial positions.
“As far as I’m concerned, our current President [Akufo-Addo] doesn’t respect the Constitution, and that is the problem. It is not the Constitution that is the problem. It is the chief executive of the state who is the problem. The Constitution has outlined the ministries and the number of ministers. Previous administrations exceeded their limits. But in the current one, at one time, we had over 100 ministers and deputies. What sort of Constitutional business is that? It’s a gross violation”.
Kwaku Ansa-Asare
Kwaku Asare further criticized the President for unilaterally disregarding the input of relevant stakeholders, which he considered a breach of the 1992 Constitution, as the President failed to fulfill the constitutional obligation to consult and involve pertinent parties in the decision-making process.
“But now the culture is, even if you complain we will do it more”. – Kwaku Ansa-Asare
Eroding Democratic Trust and Stability
Constitutional violations have broad consequences as violations erode democratic foundations by undermining trust in government and institutions, as citizens lose faith in leaders’ ability to uphold the rule of law.
Furthermore, unconstitutional actions by the Executive intensify political divisions, sparking social unrest and deepening polarization, thus, as the rule of law is compromised, impunity prevails, and democratic norms are steadily eroded.
Moreover, repeated violations can also damage the integrity and effectiveness of democratic institutions, such as the judiciary and the legislature, which are essential for holding leaders accountable and ensuring that power is not concentrated in the hands of a few.
Respecting the constitution and rule of law is vital for leaders to ensure democratic societies remain healthy and stable. As such, strengthening checks and balances is key to achieving this, as it empowers the legislative and judicial branches to hold the Executive accountable and prevent unchecked power.
Furthermore, a robust and independent judiciary is essential for enforcing constitutional limits on executive power and fostering a culture of active citizenship, public awareness, and advocacy, which collectively promotes constitutional adherence and prevents executive overreach.
Reforms that target institutional weaknesses can help prevent the misuse of power and ensure that government institutions operate with accountability, transparency, and integrity.
Likewise, education and awareness campaigns that promote constitutional literacy and awareness among citizens, public officials, and leaders can help prevent violations by empowering them with knowledge and understanding of constitutional rights and limits.
Encouraging transparency, accountability, and responsibility in government and society, and safeguarding individuals who report unconstitutional actions or abuses of power, can help prevent violations by promoting a culture of openness and answerability.
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