Council of State advice not mandatory to president – Rawlings

Former President Jerry John Rawlings has described as merely advisory the role of the Council of State in modern governance.

He said the role of the Council as spelt out in Article 89 of the 1992 Constitution is to advise the president and that advice, according to him, must remain an advice and nothing beyond that.

He added that the president is not bound to act on the advice of the Council of State if the president is not convinced.

“The advice of the Council of State must remain advisory and nothing more,” he stressed. Former President Rawlings was speaking at a public lecture partnered by Media General at the Ghana Institute of Management and Public Administration (GIMPA) on the critical analysis of the Council of State.

He was one of the two main speakers, the other being former President John Agyekum Kufuor.

Mr Rawlings proverbially stressed on the need for a president to create a congenial atmosphere of belongingness with his Council of State so that they will be in a position to advise him candidly.

He said that the implications of not maintaining an open relationship with the Council of State could be unbearable as the council will not be sincere to give any healthy advice.

He also raised concerns about the need for the composition of the Council of State to be revised to cater for unexpected circumstances.

He was speaking with particular reference to the President’s appointees in Article 89 (2a).

As per the article, one person who has previously held the office of Chief Justice, one person who has previously held the office of Chief of Defense Staff of the Ghana Armed Forces and one person who has previously held the office of Inspector-General of Police should be on the Council.

According to him, it may become very problematic if there is no surviving former Chief Justice, former Chief of Defence Staff or former IGP to occupy that posts as it nearly happened at the time he was president of Ghana.

He, therefore, said there is the need for a provision to be made for alternative appointees in the event that such people are not alive.

Source: 3news