Constitutional bodies must not serve as extensions of political Parties – Brako-Powers

Ghana’s independent constitutional bodies must not be allowed to operate as extensions of the political parties that happen to control government, lawyer and public affairs commentator Austin Kwabena Brako-Powers has said.

Speaking on TV3’s Big Issues on Tuesday, October 13, 2026, Mr Brako-Powers made the remarks while reacting to the appointment of Affi Agbenyo as a Deputy Commissioner of the Electoral Commission (EC).

He said the independence of such institutions was essential to safeguarding democratic governance, protecting public confidence and ensuring that constitutional bodies discharged their responsibilities without undue political interference.

Mr Brako-Powers explained that the independence of a constitutional body manifests in three key dimensions: personnel, function and institution.

He argued that these dimensions must be considered together in assessing whether an institution is sufficiently insulated from partisan influence.

Mr Brako-Powers questioned whether Ghana could adopt a principle of avoiding the appointment or designation of individuals whose partisan affiliations, campaign activities or previous work for political parties could raise concerns about institutional neutrality.

He acknowledged that the President might have exercised his constitutional powers under Articles 43(2) and 70(1)(e) of the 1992 Constitution in relation to appointments within the Electoral Commission.

However, Mr Brako-Powers stressed that the exercise of constitutional appointment powers should be considered alongside the broader responsibility to preserve the independence and integrity of the institution.

Mr Brako-Powers also drew attention to Article 44(3) of the Constitution, which provides that the terms and conditions of service of the Deputy Chairpersons of the Electoral Commission shall be the same as those applicable to a Justice of the High Court.

He maintained that functional independence was equally important, explaining that constitutional bodies must be able to discharge their mandates without undue interference or pressure from political actors.

In his view, the ability to perform assigned duties impartially is central to the credibility of such institutions.

He argued that an institution’s independence should not exist merely on paper but must also be reflected in how it is structured, managed and allowed to operate.

According to him, the Electoral Commission is one of Ghana’s most important constitutional institutions, as its performance has significant implications for national stability, democratic legitimacy and public confidence in the electoral process.

The EC plays a central role in Ghana’s democratic system by organising and supervising public elections through which citizens exercise their constitutional right to choose their representatives.

Mr Brako-Powers stressed that the Commission’s ability to deliver credible elections is fundamental to the country’s democratic development.

He observed that political competition and the desire of political actors to influence electoral outcomes could create pressures that undermine public trust in the Commission if its independence was not adequately protected.

He therefore argued that the debate should extend beyond the legality of individual appointments to examine the safeguards needed to prevent independent constitutional bodies from being perceived as instruments of the governing party.

Mr Brako-Powers questioned whether Ghana’s political actors could agree on a principle that appointments to independent constitutional institutions should not be influenced by partisan loyalty, campaign involvement or previous work for political parties.

He said such a commitment could help strengthen public confidence in institutions whose decisions affect the country’s democratic process.

He urged a reconsideration of Ghana’s approach to appointments to independent constitutional bodies, maintaining that these institutions must serve the Constitution and the public interest rather than the interests of whichever political party holds power.