The Constitutional Review Committee (CRC) has proposed strict limits on the powers of an outgoing president and government during the transition period between a presidential election and the swearing-in of a new administration.
Presenting the Committee’s final report to President John Dramani Mahama on Monday, December 22, the Chair of the CRC, Prof. H. Kwasi Prempeh, said the recommendations are aimed at preventing last-minute decisions that could bind an incoming government and weaken accountability in public administration.
According to Prof. Prempeh, the Committee is proposing the introduction of a new provision into Chapter Eight of the 1992 Constitution to clearly define and restrict the actions of an outgoing administration within the transition window.
Under the proposal, no appointment, nomination, or offer of employment to any public office should be made if the tenure of such an appointment would extend into the next administration.
He explained that this is to stop outgoing governments from filling key positions at the tail end of their tenure, thereby limiting the discretion of incoming leaders.
The CRC also recommends a ban on the award of new contracts, financial commitments, and salary or wage increases during the transition period, unless such actions have already been approved under the current year’s budget. In addition, transactions involving the sale, purchase, or leasing of public lands and state assets would be prohibited.
Another significant recommendation is to block the introduction of bills under a certificate of urgency during the transition period. Prof. Prempeh noted that this practice has, in the past, been abused to rush important legislation through Parliament without adequate scrutiny.
He further stressed that any action taken in violation of these proposed restrictions would have no legal effect.
“Any action taken or purported to be taken in breach of any of the above provisions shall be deemed to be void and would impose no obligation on the State,” Prof. Prempeh stated.
The CRC believes the proposed reforms will safeguard the public interest, promote orderly and transparent transitions of power, and prevent outgoing administrations from making far-reaching decisions that could constrain future governments.
The Committee’s recommendations form part of broader constitutional reforms intended to strengthen democratic governance, accountability, and respect for the will of the electorate during changes in political leadership.
