Mr Brako-Powers’ position raises broader questions about the criteria used to select members of independent constitutional bodies
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Lawyer and public-affairs commentator Austin Kwabena Brako-Powers has described President John Dramani Mahama as a “walking contradiction” over the appointment of Emelia Afi Agbenyo as Deputy Chairperson of the Electoral Commission (EC), arguing that the decision appears inconsistent with the President’s previous position on appointing politically partisan individuals to the electoral management body.
Mr Brako-Powers said Mr Mahama had previously criticised the appointment of known political party activists to the EC, insisting that individuals whose public conduct demonstrates strong partisan allegiance should not be placed in positions requiring independence and impartiality.
His criticism follows President Mahama’s appointment of Mrs Agbenyo and Dr Joseph Kwaku Asamoah as Deputy Chairpersons of the EC. The two were sworn into office on Monday, October 12, 2026, to fill vacancies created by the resignation of Dr Bossman Eric Asare and the retirement of Samuel Tettey.
Speaking on TV3’s Big Issues on Tuesday, October 13, 2026, Mr Brako-Powers said his concern about Mrs Agbenyo’s appointment stemmed partly from what he described as her previous social media posts against the then governing New Patriotic Party (NPP). He argued that the public conduct of prospective appointees to independent constitutional bodies should be carefully scrutinised before they are entrusted with such sensitive responsibilities.
“The issue is not about political opinions or whether someone has a political preference. The question is whether a person whose public conduct demonstrates strong partisan allegiance should be appointed to an institution that must be seen to operate independently of political parties,” he argued.
In March 2023, then opposition leader Mr Mahama criticised President Nana Addo Dankwa Akufo-Addo over the appointment of individuals he described as known party activists to the EC. Speaking at a public lecture at the University of Professional Studies, Accra (UPSA), he proposed amending Article 43(2) of the 1992 Constitution to require parliamentary approval for new Electoral Commission appointments.
Mr Mahama reiterated his concerns in 2024, questioning how persons who had served as party communicators or TESCON patrons could be expected to act neutrally as Electoral Commissioners. The EC subsequently responded that appointments made during Mr Mahama’s own presidency had also attracted questions about perceived political affiliations.
Mr Brako-Powers maintained that the same standards applied to political opponents should guide appointments made by a government led by the National Democratic Congress (NDC). He argued that a change in government should not result in a change in the principles used to assess the suitability of candidates for independent constitutional offices.
The lawyer’s criticism comes despite President Mahama’s public instruction to the newly appointed deputies to discharge their duties without favouring any political party or candidate. At the swearing-in ceremony, the President said he expected no preferential treatment for himself, his government or his party, and urged the commissioners to protect the integrity of the electoral process.
Mr Brako-Powers’ position raises broader questions about the criteria used to select members of independent constitutional bodies, including the role of political neutrality, public confidence, professional competence and transparent scrutiny. The central issue, he argued, is whether Ghana can strengthen confidence in its electoral institutions by ensuring that appointments reflect the independence those institutions are expected to uphold.
Laud NarteyLaud Nartey is a current affairs editor with the MG News team at Media General, serving TV3 Ghana, 3News, Onua TV and more platforms.
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