Dr Nyaho Nyaho-Tamakloe backs review of presidential immunity provisions in Ghana’s constitution

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Veteran Ghanaian statesman Dr Nyaho Nyaho-Tamakloe has called for a review of constitutional clauses that grant excessive protections to the President, describing them as incompatible with a mature democracy.

In a statement on the just-ended constitution review process, Dr Nyaho-Tamakloe said the 1992 Constitution “contains numerous clauses that effectively shield the President during and even after his tenure in office. These protections make it nearly impossible to hold a President fully accountable under the law. This situation is no longer tenable in a mature democracy.”

He stressed that the President, like every citizen, must be accountable for wrongdoing. “The President is responsible to the people, and where wrongdoing occurs, the President must be subject to the law like every other citizen. Excessive immunity provisions must therefore be reviewed and removed,” he added.

The statesman acknowledged the historical context of the 1992 Constitution, noting that it was “born out of a delicate historical compromise” during Ghana’s transition from military rule to civilian governance. While necessary at the time, he said, it has left a framework that overprotects the Office of the President.

Dr Nyaho-Tamakloe also linked excessive immunity to broader governance issues, calling for the abolition of “the system of ex gratia payments and excessive post-office benefits for public office holders.” He added that these resources should be redirected toward improving the living conditions of ordinary Ghanaians.

Read Also: Dr Nyaho Nyaho-Tamakloe: On Ghana’s constitution review and the future of democratic governance

The former diplomat also weighed in on other governance reforms, endorsing the appointment of ministers strictly from outside Parliament to ensure effective oversight. “A clear separation between the Executive and the Legislature is essential for effective oversight and accountability. Parliament must be empowered to independently scrutinise government actions without conflict of interest,” he said.

On leadership qualifications, Dr Nyaho-Tamakloe urged that the minimum age requirement for presidential candidates be reviewed upward to reflect the seriousness and responsibility of the office.

The statesman emphasised that constitutional reform should prioritise national interest over partisan concerns. “Ghana has reached a stage in its democratic journey where accountability, discipline, and national interest must take precedence over political convenience,” he said, urging stakeholders to approach the process with honesty, courage, and genuine commitment to the country’s future.

Dr Nyaho-Tamakloe’s statement comes as the Constitution Review Committee’s full report is expected to be released in January 2026, following the submission of its summary report to the President.

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