The Constitution Review Committee has proposed sweeping changes to presidential immunity, recommending that former presidents be held legally accountable for actions taken in their personal capacity before or during their time in office.
In its final report presented to President John Dramani Mahama, the committee proposed amendments to Article 57(6) to allow civil proceedings against a former president at any time after leaving office, subject only to applicable limitation laws. Criminal proceedings, under the proposal, could also be initiated within four years after a president exits office.
The committee said the recommendation strikes a balance between protecting the functioning of the presidency and ensuring accountability, particularly where alleged wrongdoing does not relate to official state duties.
Beyond post-office accountability, the committee addressed presidential succession and continuity. It recommended retaining the Vice-President as the automatic successor in the event of a vacancy, rejecting calls to introduce a constitutionally defined Prime Minister.
According to the committee, assigning independent executive authority to a Vice-President would risk “turf battles” at the apex of government, while the current constitutional framework already allows a president to delegate coordinating functions to any cabinet member if needed.
The report also proposes that the physical absence of both the President and Vice-President from Ghana should no longer be grounds for declaring them unable to perform presidential functions, effectively overturning earlier judicial interpretation.
