Mr. Benjamin Tachie Antiedu, a private legal practitioner and author, has argued that, in theory, the arms of government cannot possess the same amount of power.
However, in practice, each of them can exercise their powers and independence without allowing any interference.
He said that while each of the arms of government, i.e., the executive, legislature, and judiciary, has the independence to exercise their constitutional duties, it is important they do so without breaching the constitution or undermining the powers of the others.
Mr. Tachie Antiedu explained that the constitution of Ghana has granted each of the arms of government the powers to operate, and in doing so, it has made provisions for checks and balances.
He attributed this to the modern system of governance in democratic states and countries.
He noted that because we have checks and balances, the President has the power to appoint any number of ministers, but for the ministers to be able to operate and function, they require parliamentary approval.
The other example he gave was the budget, which the President is required by law to design and go to Parliament to seek approval for.
He stressed that despite the excessive powers of the president, he is required to submit some of his decisions before the Parliament of Ghana for approval.
He also indicated that Parliament has the constitutional duty to formulate laws but in order to ensure checks and balances, the law they have passed maybe subjected to interpretation expecially when it is not in line with the constitution and that duty is reserved for the judiciary.
He made the comments in an interview on Frontline on Rainbow Radio 87.5 FM with host Kwabena Agyapong.
Mr. Tachie Antiedu urged the government to collaborate in the betterment of Ghana.
“It is factual to state that in terms of the powers granted each of the arms of government, either in the form of checks and balances or substantive powers, those of the Executive are higher than the others.
“In theory, we cannot make all the arms of government equal or give them equal powers. But in practice, each arm of government can exercise its powers independently without interference from the other. That is why you realised that the Speaker recently took a firm decision to refuse to have the ministers approved after the President refused to assent to the anti-gay bill. Each of the arms of government should exercise their constitutional powers, but in doing so, they should not undermine the others or undermine the constitution of the republic of Ghana.”
Mr. Benjamin Tachie Antiedu admonished each of the various arms of government to work collaboratively and always remember that “we need a proper way to deal with things, and we expect they will recognise the powers of each of the arms so they work together because the bottom line is that they are all to work together for the betterment of Ghana.”.
By: Rainbowradioonline.com/Ghana
