Ghana’s democratic governance, as enshrined in the 1992 Constitution, is built on a framework of checks and balances designed to ensure accountability, stability, and inclusiveness.
A critical institution within this framework is the Council of State, which serves as an advisory body to the President and other state institutions on critical national issues, as outlined in Articles 89 to 92 of the Constitution.
However, recent controversies surrounding the election of regional representatives to the Council – including allegations of vote-buying, political interference, hooliganism, and a lack of genuine representation – have raised serious questions about the institution’s effectiveness and relevance in its current form.
As Ghana commences its constitutional review process, it is crucial to consider a bold yet
pragmatic reform: replacing the regional representatives on the Council of State, as
postulated in paragraph (c), clause 2 of Article 89 of the 1992 Constitution, with the Presidents of the Regional Houses of Chiefs. This proposal, entrenched in historical practice, is timely and aligns with Ghana’s commitment to preserving its cultural heritage, promoting inclusivity, and ensuring good governance by insulating advisory mechanisms from political corruption.
Furthermore, this reform presents an opportunity to address the longstanding exclusion of
queen mothers from the House of Chiefs, thereby enhancing their participation in national
decision-making processes.
ANTECEDENTS OF THE COUNCIL OF STATE IN GHANA’S GOVERNANCE SYSTEM
To fully understand the argument for integrating the Regional Houses of Chiefs into the
Council of State, examining the historical context of the Council’s creation is fundamental.
The Council of State, as it exists today, originated in the post-independence era when Ghana sought to establish governance structures that balanced modernity with tradition. For instance, the 1960 Republican Constitution established a Council of State to advise the
President, reflecting the traditional governance systems where chiefs and elders played
central roles in decision-making.
Historically, traditional leaders in Ghana have been integral to governance, serving as
mediators, advisors, and custodians of communal values. Before colonialism, chiefs and elders formed the backbone of governance in the various independent states that now constitute Ghana.
They were political leaders and spiritual and cultural figures who ensured the welfare of their people. As noted by Rathbone (2000), the colonial administration recognised the
influence of chiefs and incorporated them into the indirect rule system, further solidifying
their role in governance.
However, after independence, traditional leaders’ role in formal governance diminished as
the state adopted more centralised and modern administrative structures. The 1992
Constitution, while acknowledging the importance of chiefs, limited their formal role to the
National House of Chiefs, primarily focusing on matters affecting chieftaincy. This exclusion
2 of traditional leaders from national governance represents a missed opportunity to leverage their deep local knowledge and strong community ties.
Given this historical context, the proposal to replace the current regional representatives of
the Council of State with the Presidents of the Regional Houses of Chiefs is not a sweeping
departure but a return to a governance model deeply rooted in Ghanaian history. It is an
opportunity to revive the traditional role of chiefs as advisors and mediators on critical
national issues while adapting it to the needs of a modern democratic state.
ADVANTAGES OF REPLACING REGIONAL REPRESENTATIVES WITH PRESIDENTS OF THE REGIONAL HOUSES OF CHIEFS
Traditional authorities command greater legitimacy and public trust. Chiefs derive their
authority from aged customs and traditions, which are deeply embedded in the communities they serve. Unlike political appointees or elected officials, chiefs are not chosen through partisan processes but are recognised based on their lineage and the trust of their people.
This organic connection to their communities grants them legitimacy that is difficult to achieve through political means. Their role as custodians of customary law and cultural values positions them to offer advice that genuinely reflects the needs and aspirations of grassroots people. By including the Presidents of the Regional Houses of Chiefs on the Council of State, the government would tap into this reservoir of trust and legitimacy, ensuring that national policies are informed by voices representing the people.
Moreover, traditional leaders are often seen as symbols of continuousness and stability in a
fast-changing world. Their inclusion in the Council of State would strengthen the Council’s
credibility and bridge the gap between modern governance structures and traditional
systems. This integration would demonstrate a commitment to honouring Ghana’s cultural
heritage while addressing contemporary challenges, fostering a sense of citizen pride and
ownership.
Chiefs have historically played a pivotal role in mediating conflicts and fostering community
unity. Their deep understanding of local customs, traditions, and social dynamics equips them to provide counsel that promotes peace and reconciliation. In a country as diverse as Ghana, where ethnic, tribal, and cultural differences can sometimes lead to tensions, the involvement of traditional leaders in national governance would ensure that policies are sensitive to these nuances. By incorporating their perspectives, the Council of State could help craft solutions that respect and integrate local traditions, strengthening social cohesion.
Additionally, traditional leaders are often seen as unifying figures who transcend political
divides. Their presence on the Council of State would encourage a more inclusive approach to governance, where decisions are made with the collective good in mind rather than partisan interests. This would not only enhance national unity but also ensure that marginalised communities feel represented and heard at the highest levels of decision-making.
One of the key criticisms of the current Council of State is its perceived politicisation, with
many members being seen as aligned with the ruling government or specific political
interests. This undermines public confidence in the Council’s ability to provide impartial advice to the President.
In contrast, chiefs are generally regarded as non-partisan figures whose primary allegiance is to their communities rather than any political party. By replacing regional representatives with the Presidents of the Regional Houses of Chiefs, the Council of State would take a significant step toward depoliticising its operations.
Including chiefs would also help restore public trust in the Council’s role as an independent
advisory body. Their reputation for fairness and neutrality would lend credibility to the
Council’s recommendations, ensuring that decisions are perceived as being in the national
interest rather than driven by political considerations. This shift would enhance the Council’s effectiveness and reinforce its role as a stabilising force in Ghana’s governance architecture.
Traditional leaders have an unparalleled understanding of the challenges and opportunities
within their communities. Their daily interactions with local peoples give them firsthand
knowledge of land disputes, resource management, and social welfare issues, which are often overlooked in national policymaking. By including the Presidents of the Regional Houses of Chiefs on the Council of State, the government would ensure that these grassroots concerns are brought to the forefront of national discourse.
This approach would also make national policies more relevant and effective, as the realities would inform them on the ground. For instance, chiefs could provide valuable insights into addressing issues like illegal mining (“galamsey”), environmental degradation, tribal conflicts, or rural development in ways that align with local customs and practices. Their involvement would thus create a more responsive and inclusive governance system that prioritises the needs of all citizens, particularly those in underserved areas.
THE ROLE OF QUEEN MOTHERS IN ‘THE NEW COUNCIL OF STATE’
While the proposal to include the Presidents of the Regional Houses of Chiefs in the Council
of State is a significant step forward, it is equally important to address the exclusion of queen mothers from the various strata of the House of Chiefs. Queen mothers, who play a vital role in traditional governance, have historically been marginalised in formal decision-making processes.
Despite their influence in community affairs, they are currently not standard
members of the House of Chiefs, limiting their ability to contribute to national governance.
There have been growing calls for amendments to formally include queen mothers in the
House of Chiefs, enhancing their participation in national decision-making processes.
Recognising queen mothers as members of the House of Chiefs would rectify this historical
oversight and strengthen the institution by incorporating the perspectives of women, who
are often the backbone of community development. Their inclusion would ensure a more
balanced and representative governance structure that reflects the diversity of Ghanaian
society.
By extending membership in the House of Chiefs to paramount queen mothers, the
government would demonstrate its commitment to gender equality and inclusive
governance. Queen mothers bring unique insights into family welfare, education, and
healthcare, which are critical to national development. Their involvement in the House of
Chiefs would enrich the Council of State’s deliberations and ensure that policies are more
holistic and inclusive.
CHIEFS AND TECHNICAL EXPERTISE
A standard critique of the proposal to include chiefs in the Council of State is the perception
that they lack the technical expertise required to address complex policy issues. This
argument, however, overlooks the significant strides traditional leaders have made in
adapting to the demands of modern governance.
While it is true that the role of chiefs has historically been rooted in cultural and customary practices, the reality in contemporary Ghana is that many traditional leaders are not only custodians of tradition but also highly educated professionals with diverse expertise. This dual identity equips them to address complex policy issues with a unique blend of traditional wisdom and modern knowledge.
In recent years, the profile of chiefs has evolved considerably. Many traditional leaders today hold advanced degrees and have distinguished themselves in various professional fields. For example, some chiefs serve as judges in Ghana’s Superior Courts, where they apply their legal expertise alongside their deep understanding of customary law. Others are renowned academics, engineers, medical doctors, and business leaders who have significantly contributed to national development. These individuals bring a wealth of technical knowledge and practical experience, enabling them to engage effectively with intricate policy matters. Their ability to navigate traditional and modern systems positions them as valuable assets to a reformed Council of State.
Furthermore, the Chieftaincy Act, 2008 (Act 759) highlights the capacity of traditional leaders to engage with contemporary governance challenges. The House of Chiefs has been actively involved in critical areas such as conflict resolution, land management, and cultural
preservation. These efforts often involve collaboration with government agencies, nongovernmental organisations, and international bodies, demonstrating the ability of chiefs to adapt traditional knowledge to modern contexts. For instance, in resolving land disputes, chiefs have successfully combined customary practices with legal frameworks to achieve equitable outcomes. This adaptability highlights their potential to contribute meaningfully to national policymaking, particularly in areas where cultural sensitivity and local knowledge are essential.
To address lingering concerns about technical expertise, the proposed composition of the
Council of State – comprising a limited number of presidential appointees, ex-officio members, and the Presidents of the Regional Houses of Chiefs – offers a balanced approach. This structure ensures that the Council benefits from traditional leaders’ cultural legitimacy and grassroots insights while also drawing on the specialised knowledge of professionals in various fields. For example, while a chief with a background in law could provide valuable input on judicial reforms, a technocrat with expertise in economics could offer insights on fiscal policy. This interaction between traditional and modern perspectives would enrich the Council’s deliberations and enhance the quality of its advice to the President.
In addition, the inclusion of chiefs on the Council of State would foster a more inclusive and
representative governance system. Traditional leaders often profoundly understand the
challenges faced by rural and marginalised communities, which are sometimes overlooked in national policymaking. By incorporating their perspectives, the Council could ensure that
policies are technically sound and socially and culturally relevant. This would lead to more
effective implementation and greater public acceptance of government initiatives.
CONCLUSION
The Council of State, currently constituted under the 1992 Constitution, faces significant
challenges that undermine its credibility and effectiveness. Allegations of politicisation, votebuying, and a lack of genuine representation have eroded public trust in the institution.
However, the proposal to replace regional representatives with the Presidents of the Regional Houses of Chiefs offers a compelling mix that aligns with Ghana’s historical governance traditions and contemporary needs.
Traditional leaders bring unparalleled legitimacy, grassroots insights, and a non-partisan
approach to governance. Their inclusion in the Council of State would enhance the
institution’s credibility and ensure that the realities of local communities inform national
policies. Moreover, the evolving profile of chiefs as highly educated professionals with diverse expertise dispels the notion that they lack the technical knowledge to contribute
meaningfully to national decision-making.
By adopting this reform, Ghana would reaffirm its commitment to preserving its cultural
heritage while addressing the challenges of modern governance. It would create a more
inclusive, representative, and effective Council of State that genuinely serves the interests of all Ghanaians.
This change would strengthen the Council’s role as an advisory body and reinforce its position as a stabilising force in Ghana’s democratic architecture. Additionally, including queen mothers in the House of Chiefs would further enhance the institution’s representativeness and ensure that women’s voices are heard in national decision-making
processes. Together, these reforms would pave the way for a more equitable and inclusive
governance system in Ghana.
Author: Anthony Danquah Esq
Associate @ Sedi Legal Bureau
Email: tony@sedilegalbureau.com