In Ghana’s presidential system, the President and Parliament serve distinct roles, though they are often linked by political party affiliation and shared personnel. The President is the head of the executive branch, responsible for implementing laws and running the country. Parliament is the legislative branch, responsible for making those laws and holding the executive accountable.
Understanding the difference matters because the two institutions shape nearly every aspect of governance in Ghana — from the budget you pay taxes into, to the laws that govern your business, to the policies that affect your daily life.
Quick Facts
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The President is the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces.
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Parliament is the legislative body with the sole power to make laws for Ghana.
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The President appoints Ministers, but the majority must come from among Members of Parliament.
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Parliament approves the national budget, ratifies loans, and oversees government spending.
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The President can refuse to assent to a bill, but Parliament can override that refusal with a two-thirds majority.
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The Speaker of Parliament is elected by MPs and presides over proceedings.
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Ghana operates a hybrid system, blending features of both presidential and parliamentary systems.
The President: Head of the Executive
The 1992 Constitution vests executive authority in the President, who is enjoined to exercise those powers in accordance with the Constitution. The President’s primary functions include executing and maintaining the Constitution and all laws made under it.
Head of State and Government
The President serves dual roles. As Head of Government, the President administers the country day-to-day, forms a Cabinet, supervises the public service, and implements policies. As Head of State, the President represents Ghana internationally, receives foreign envoys, and performs ceremonial functions.
The President also holds the highest position in Ghana’s order of precedence, followed by the Vice-President, the Speaker of Parliament, and the Chief Justice.
Appointment Powers
The President appoints Ministers of State, with the prior approval of Parliament. However, the Constitution requires that the majority of Ministers be appointed from among Members of Parliament.
The President also appoints key officials including the Chief Justice, the heads of the Electoral Commission, the Commission on Human Rights and Administrative Justice, and the Auditor-General’s office, all subject to parliamentary approval.
Presidential Immunity
While in office, the President cannot be personally liable to any civil or criminal proceedings in court. Proceedings may be instituted against a former President within three years after leaving office, in respect of anything done in their personal capacity.
Parliament: The Legislative Body
Article 93 of the Constitution provides for an independent legislature, which shall exercise its power in accordance with the Constitution. Parliament consists of not less than 140 elected members.
Law-Making Power
Parliament has the sole power to make laws for Ghana. Bills are debated and passed by Parliament, then presented to the President for assent. Once assented to, a bill becomes an Act of Parliament.
Oversight of the Executive
The Speaker of Parliament, Alban Bagbin, has emphasised that Parliament is the only institution constitutionally empowered to hold the Executive accountable. “The only instrument that can hold a powerful executive, and in Ghana, the executive is the President, is Parliament, legitimately granted by the Constitution,” he stated.
Parliament exercises oversight through:
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Financial scrutiny: Approving the national budget, taxes, and government spending
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Committee investigations: Examining government policies and expenditure
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Questions and debates: Requiring Ministers to answer for their actions
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Ratification: Approving loans, international agreements, and key appointments
Financial Control
Parliament approves the national budget, which sets out government revenue and expenditure. It also scrutinises major government loans and tax exemptions. The Speaker has noted that Parliament revised its standing orders in 2024, establishing 12 new committees to enhance transparency and accountability in economic governance.
The Relationship: A Hybrid System
Ghana operates a hybrid system that combines elements of both the presidential and parliamentary models.
Fusion of Personnel
The most significant point of connection is Article 78(1), which requires that the majority of Ministers be appointed from among Members of Parliament. This means MPs serve simultaneously as legislators and executives, blurring the line between the two branches.
Retired Supreme Court Justice Jones Dotse has criticised this arrangement, arguing that “the current hybrid parliamentary system where members of parliament can serve both the Executive and Legislative arms of government at the same time will not work for Ghana’s democracy”. He urged Ghanaians to choose between a pure presidential system (where Ministers are appointed from outside Parliament) or a parliamentary system (where all Ministers come from Parliament).
Separation of Powers
Dr. Bukari has noted that Ghana’s constitutional architecture subscribes to the doctrine of separation of powers, with clearly demarcated roles for the Executive, Legislature, and Judiciary. However, he observed that “the consequence is an accountability deficit, as parliamentary scrutiny of executive action is often subordinated to party loyalty and political expediency”.
Checks and Balances
Despite the fusion, the Constitution establishes a system of checks and balances.
Presidential Assent and Veto
The President must assent to bills passed by Parliament before they become law. The President can refuse to assent, providing reasons within 7 days. However, the President does not hold an absolute veto. As Speaker Bagbin clarified regarding the anti-LGBTQ+ bill, “the president does not wield veto power in this context. While the president can express comments and send the legislation back to the house, the ultimate authority lies with parliament. If the house remains steadfast in its decision to pass the bill, the president is obligated to assent to it”.
Parliament can override a presidential refusal by passing the bill again with a two-thirds majority.
Parliamentary Approval
Parliament must approve many presidential appointments, including Ministers, Supreme Court justices, and heads of key institutions. It also ratifies international treaties and approves government borrowing.
Judicial Review
The Supreme Court has the power to declare any law or executive action unconstitutional. Any person can bring an action in the Supreme Court alleging that an enactment or act is inconsistent with the Constitution.
The Practical Reality
In practice, the balance of power often depends on political dynamics. When the President’s party holds a majority in Parliament, the legislature may be less aggressive in its oversight role. Critics have argued that Parliament can become “an extension of the Executive”.
Haruna Iddrisu, MP for Tamale South, has criticised what he described as a growing culture of passivity within the House, arguing that Parliament has increasingly allowed partisan interests to influence its work instead of serving as a strong and independent institution.
The Majority Leader, Mahama Ayariga, has countered this view, stating that “Parliament is not an appendage of the Executive. We are an independent arm of government, entrusted by the people of Ghana to approve, amend, reject, and hold to account”.
Common Misconceptions
“The President makes the laws”
No. Parliament makes laws. The President assents to them. The President can propose legislation through Ministers, but cannot legislate unilaterally.
“Parliament is subordinate to the President”
The Constitution establishes Parliament as a co-equal branch. The President appoints Ministers from Parliament, but that does not make Parliament subordinate.
“The President can veto any bill”
The President can refuse assent, but Parliament can override the refusal with a two-thirds majority. The veto is not absolute.
“MPs are just lawmakers”
In Ghana’s hybrid system, many MPs also serve as Ministers, blurring the distinction between legislating and executing.
“The President controls Parliament”
When the President’s party has a majority, Parliament may be less assertive, but the constitutional framework establishes it as an independent body.
Frequently Asked Questions
What is the main difference between the President and Parliament?
The President is the head of the executive branch, responsible for implementing laws and running the country. Parliament is the legislative branch, responsible for making laws and holding the executive accountable.
Can the President make laws without Parliament?
No. Parliament has the sole power to make laws. The President can propose legislation through Ministers but cannot legislate independently.
Can Parliament remove the President?
Yes. The Constitution provides for impeachment for stated reasons including abuse of office and misconduct. The process requires parliamentary action.
What happens if the President refuses to sign a bill?
The President must provide reasons within 7 days. Parliament can reconsider the bill or pass it again with a two-thirds majority. If Parliament insists, the President must assent.
Are Ministers members of Parliament?
The majority of Ministers must be appointed from among MPs. Some Ministers may be appointed from outside Parliament, but the majority must come from the House.
Who holds more power, the President or Parliament?
The Constitution establishes them as co-equal branches with distinct powers. In practice, the balance depends on political dynamics and party control.
Why does Ghana have a hybrid system?
Ghana’s 1992 Constitution blends elements of presidential and parliamentary systems. This was a deliberate choice, though it has been criticised for blurring the separation of powers.
What to Remember
The President and Parliament are distinct institutions with different functions. The President executes; Parliament legislates and oversees. The Constitution establishes them as co-equal branches, but Ghana’s hybrid system creates significant fusion between them.
Understanding the difference matters because the relationship between these two branches shapes how the country is governed — how laws are made, how public money is spent, and how power is held to account.
The next time you hear about a bill in Parliament or a presidential appointment, remember the balance of power behind the headlines. The President and Parliament are not rivals in principle. They are partners in governance — even when the partnership is tested.
Source: The Accra Daily Mail
Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of The Accra Daily Mail, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.
