Ghana's Legislative Journey: Bills To Laws

Ghana's legislative process is a complex one, with a history that dates back to the country's colonial past. The current system is a result of years of evolution and has been influenced by both British common law and local customary practices. Understanding how a bill becomes a law in Ghana is crucial for comprehending the country's legal framework and the rights and responsibilities of its citizens. This paragraph aims to provide an introduction to this topic, shedding light on the journey of a bill from its conception to its enactment as a law, and the key stakeholders involved in this process.

The role of the President

The President plays a crucial role in the process of a bill becoming a law in Ghana. Here is a detailed overview of their responsibilities and powers:

Veto Power: The President has the authority to veto a bill, which means they can refuse to approve and sign it into law. This power allows the President to block or delay the implementation of a bill they deem inappropriate or contradictory to the country's interests.

Referral to the Council of State: If the President chooses to veto a bill, they must inform the Speaker of Parliament about their decision within seven days. At this stage, the President has two options: they can either state their specific objections and recommendations for amendments, or they can refer the bill to the Council of State for further consideration and comments under Article 90 of the Constitution.

Reconsideration by Parliament: After receiving the President's veto message or the comments from the Council of State, Parliament must reconsider the bill. If the bill is passed again by a two-thirds majority vote in Parliament, the President is mandated to provide their assent within 30 days.

Assent and Publication: When the President approves a bill, they provide their assent, and the bill becomes a law. However, it is essential to note that a bill does not become law until it has been duly passed, assented to by the President, and published in the official gazette, known as the "Ghana Gazette."

Role in Legislative Process: The legislative power in Ghana is vested in Parliament, but the President plays a crucial role in this process. Under Article 106(1) of the 1992 Constitution, for a bill to become a law, it must be passed by Parliament and assented to by the President. This highlights the collaborative nature of law-making in Ghana, requiring both parliamentary approval and presidential assent.

Initiation of Bills: While most bills are introduced by Ministers of State or private Members of Parliament, the President can also initiate bills. These are known as "Government bills" and follow the same legislative process as other bills, including the requirement for an explanatory memorandum and publication in the Ghana Gazette before introduction.

Referral to the Council of State for Advisory Opinions: The President can refer bills or even existing laws to the Council of State, which is an advisory body, for their comments and recommendations. While Parliament is not bound by the Council's opinions, this step allows the President to seek additional input and advice on legislative matters.

The role of the Speaker of Parliament

The Speaker of Parliament is the presiding officer of the Parliament of Ghana and is the third-highest office in the country. The Speaker is responsible for enforcing the observance of all rules that govern the conduct of Parliament. The Speaker is elected from among the members of parliament or from persons who are qualified to be members of parliament. If the Speaker is elected from among the members of parliament, they must vacate their seat, triggering a by-election. The Speaker presides at all sittings of parliament, and no parliamentary business can take place without them. In their absence, one of the two Deputy Speakers, who must be from different political parties, presides.

The Speaker is also the chairman of the Parliamentary Service Board, to which they appoint four other members. The Speaker does not have a vote in parliament, so a tied vote results in a lost motion. Additionally, the Speaker may act on behalf of the president if neither the president nor the vice president is able to perform their duties.

The role of the Council of State

The Council of State is a small body of prominent citizens in Ghana, similar to the Council of Elders in the traditional political system. It advises the President on national issues and was established by Articles 89 to 92 of the 1992 Constitution of Ghana. The Council of State should include a former Chief Justice of Ghana, a former Chief of the Defence Staff, a former Inspector General of Police, and the President of the National House of Chiefs. Each region of Ghana also has an elected representative, and the President of Ghana appoints eleven members. Members remain in office until the President's term ends.

The Council is required to meet at least four times a year and can also meet if requested by the President, Parliament, or at least five sitting members of the Council. A quorum is formed when more than half of the members are present at a meeting, and decisions are valid if voted for by the majority of members present. The Council regulates its own procedures, subject to the provisions of the Ghana Constitution.

In addition to its role in the legislative process, the Council of State also has a broader mandate to advise the President or any other authority on appointments and other matters being considered or dealt with by the President, a Minister of State, Parliament, or any other authority established by the Constitution. The Council may also, upon request or on its own initiative, make recommendations on any such matter. However, the President, Minister of State, Parliament, or other authority is not required to act in accordance with the Council's recommendations.

The role of the National House of Chiefs

The National House of Chiefs is the highest body in Ghana that unites all traditional rulers, chiefs, and kings. It is established by Article 274 (1) of the 1992 Constitution and Section 1 (1) of the Chieftaincy Act 2008, Act 759. The House derives its mandate from Article 271 of the 1992 Constitution and Section 1 of the Chieftaincy Act 2008, Act 759.

The National House of Chiefs exists to exercise appellate jurisdiction in any cause or matter affecting chieftaincy that has been determined by the Regional House of Chiefs in a region. The House also exercises original jurisdiction in certain causes or matters affecting chieftaincy under Article 273 (5) of the 1992 Constitution.

In addition to these functions, the National House of Chiefs, under Article 272 of the 1992 Constitution, performs the following functions:

• Advising any person or authority charged with any responsibility under the Constitution or any other law for any matter relating to or affecting chieftaincy.
• Undertaking the progressive study, interpretation, and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin.
• Undertaking an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful.
• Performing other functions, not inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it.

The National House of Chiefs is dominated by citizens of Ghana but also includes foreign nationals. The rulers of Ghana's numerous tribes and clans automatically become members of a number of regional houses of chiefs, and it is their membership of these regional bodies that qualifies them for membership of the National House. In addition, a number of queen mothers are appointed to the National House as associate members for four-year terms and are eligible for reappointment thereafter.

The process of voting on a bill

First Reading:

The bill is introduced in Parliament, accompanied by an explanatory memorandum detailing the policy, principles, defects in existing laws, proposed remedies, and the necessity of the bill. Before its introduction, the bill must be published in the Ghana Gazette at least 14 days in advance.

Referral to Committee:

After the first reading, the bill is referred to a committee of Parliament. This committee examines the bill in detail, considers representations from interested parties and the general public, and issues a report to the full house.

Full House Debate:

The report from the committee, along with the explanatory memorandum, forms the basis for a full debate in Parliament. Amendments to the bill may be proposed and discussed during this stage.

Voting on the Bill:

After the debate, Parliament votes to either reject or accept the bill in its final form. If the bill is accepted, it moves on to the next stage. If rejected, it does not proceed further.

Second Reading and Third Reading:

In practice, Ghana's Parliament has added two additional stages to the process: a second reading and a third reading. The second reading occurs after the bill has been referred to the appropriate committee and involves a preliminary debate on the committee's report. The third reading is signified by a formal motion and is not accompanied by further debate.

Presidential Assent:

Once the parliamentary process is completed, the bill is presented to the President for assent. The President has the option to assent or refuse assent to the bill. If the President refuses assent, they must provide a memorandum to the Speaker of Parliament within 14 days, stating their reasons and any recommended amendments. Alternatively, the President may refer the bill to the Council of State for consideration.

Reconsideration by Parliament:

Parliament reconsiders the bill, taking into account the comments and recommendations made by the President or the Council of State. If the bill is then passed by a resolution supported by at least two-thirds of all members of Parliament, the President must assent to it within 30 days.

Publication in the Gazette:

Even after receiving presidential assent, a bill does not become law until it is published in the official gazette. This final step ensures that the new law is made publicly known and accessible to all citizens.

Frequently asked questions