Composition and functions of Council of State must be re-examined – Brako-Powers urges

Austin Kwabena Brako-Powers, a private legal practitioner, has raised what he described as “grave issues” with the composition and functions of the Council of State.

He said the current composition and functions of the Council of State are retrogressive and do not serve the nation’s interest, but rather the party in government.

“This experiment [Council of State] has been good, but after several years, we have the requisite data to know that the Council of State only looks out for the selfish interest of the party in power, not the citizens, and we have all seen this in action,” he said in a Facebook post on May 1, 2025.

The Council of State came under pressure when President John Mahama set up a five-member committee to investigate some petitions seeking the removal of the now-suspended Chief Justice Gertrude Torkornoo.

The Council has been blamed for the president’s decision, which led to the suspension of the Chief Justice.

But Mr Brako-Powers said “no one should blame the Council of State” because it is only living up to its composition and function.

“The Council of State is doing what we set it up to do – supporting the ideas or policies of the sitting government, whether good or bad and nothing more,” he said.

He said the number of appointments the President makes to the Council of State also compounds the issue.

“One problem with our political structure is that the President has direct control of virtually everything in the country, making accountability and checks and balances difficult to achieve. That is why we are where we are as a country. We need to remedy this problem. Membership of the Council of State must be through a competitive election organised at the same time as Parliamentary and Presidential elections are held,” he said.

Mr Brako-Powers also questioned the functions of the Council of State, which he said was advisory and nothing more.

“The thinking that the advice of the Council of State is merely of persuasive effect and nothing more is the worst ever decision coming from our courts and Parliament must remedy that ill-decision immediately through the work of the Constitutional Review Committee,” he said.

The lawyer added that the “Council of State should be more than another rubber stamp, just like our Parliament, if we want to benefit from its wisdom and work. To continue the practice, the Council of State should have sharp teeth capable of biting.”

 

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