Publication of bills in the Gazette – Any relevance?

By Benjamin Tachie ANTIEDU & Goodnuff Appiah LARBI

Publication of Bills in the Ghana Gazette is one of the most overlooked yet essential requirements in Ghana’s legislative process. It is not a ceremonial act but a constitutional protection designed to promote transparency, participation and legality in law making.

The constitutional requirement

Article 106(2)(b) of the 1992 Constitution provides that no Bill shall be introduced in Parliament unless it has been published in the Gazette at least fourteen days before its introduction, except in the case of financial and urgent Bills. This means the public must be notified of all proposed laws well before parliamentary debate begins.

After Parliament has passed a Bill and the President has assented to it, Article 106(11) of the 1992 Constitution further requires that the new Act must also be published in the Gazette before it can come into force. This two-stage publication process, before introduction and after assent, ensures that the law-making process is both open and legally effective.

Purpose and democratic value

Gazette publication serves several important constitutional purposes.

• Transparency and accountability – It allows citizens, civil society and the media to track new laws, ensuring openness in governance.
• Public participation – The fourteen-day period gives individuals and institutions the opportunity to study proposed Bills and offer suggestions to Parliament.
• Legal certainty – Publication authenticates the official text of a Bill or Act, creating a single authoritative version for the courts and public officers.
• Procedural safeguard – It prevents arbitrary or rushed law making by ensuring prior notice before a Bill reaches Parliament.
• Judicial verification – The Gazette serves as formal proof that constitutional steps have been followed before a law takes effect.

Current practice and weaknesses

The Ghana Publishing Company Limited, also known as the Assembly Press, is mandated to publish the Ghana Gazette. In practice, however, the Gazette often contains only the short titles of Bills rather than their full texts or explanatory memoranda. This limited form of publication reduces public awareness and restricts meaningful scrutiny.

It is encouraging that Parliament now publishes the full texts of Bills and their explanatory memoranda on its website within seven days after presentation to the House, in accordance with Order 159(4) of the Standing Orders of Parliament. Nonetheless, the constitutional requirement is directed at Gazette publication, not merely online posting.

Three major concerns continue to weaken the effectiveness of the Gazette system

• Partial publication – Only the titles of Bills are published, excluding the full content.
• Overuse of urgent procedure – The constitutional exception for urgent Bills is sometimes applied to matters that are not truly urgent, reducing transparency.
• Limited accessibility – Printed Gazettes are not widely available to citizens outside Accra, making it difficult to follow legislative developments.

Why reform is needed

For a constitutional democracy that prizes openness, the existing approach to Gazette publication is outdated and inadequate. The 1992 Constitution clearly intends that publication should inform and empower the public, not merely satisfy a bureaucratic formality.

To achieve this, several reforms are necessary:

• Adopt a legally recognized electronic Gazette – Ghana should develop an official, government hosted electronic Gazette with the same legal effect as the printed version. This will ensure timely publication, easier access and prevent manipulation.
• Publish full texts and explanatory memoranda – Every Gazette entry should include the complete Bill and its explanatory memorandum to enable proper public scrutiny.
• Clarify the urgent procedure – Parliament and the Executive should establish clear and transparent rules for invoking urgency so that the exception is not abused.
• Digitize coordination between Parliament and the Assembly Press – Real time electronic submission and publication will minimize delays.
• Public education – Citizens should be sensitized on how to access and use the Gazette to monitor laws that affect their lives.

Conclusion
Gazette publication of Bills remains a vital constitutional requirement that upholds transparency, public participation and the rule of law. It ensures that the legislative process is open to scrutiny and that citizens are aware of the laws that govern them.

Unfortunately, partial publication and limited public access have diminished its impact. Ghana’s law-making process will better reflect the spirit of Article 106 if the Gazette system is modernized through digital publication, full text disclosure and stronger coordination between Parliament and the Government Printer. Modernizing the Gazette will not only preserve its relevance but also strengthen Ghana’s democratic credentials by making law making more transparent, participatory and trustworthy.

>>>Benjamin Tachie Antiedu is a Lawyer, Legal Author & Parliamentary Professional. He can be reached via [email protected]

>>>Goodnuff Appiah Larbi, (Ph.D.) is a student of the Ghana School of Law and a Researcher in Governance, Constitutional Jurisprudence and Development Administration. He can be reached via [email protected]

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