The Council of State is one of Ghana’s most misunderstood constitutional bodies. It does not make laws, it does not govern, and it cannot force the President to do anything. Yet it sits at the heart of the country’s governance architecture, tasked with a role that echoes the traditional council of elders: to counsel the President in the performance of his functions.
Article 89(1) of the 1992 Constitution establishes the Council with a simple mandate: “There shall be a Council of State to counsel the President in the performance of his functions” . The role is purely advisory. The Council’s recommendations are not binding, and no institution is required to act on them .
But the advisory function matters. Successive governments have consulted the Council on major national issues, and its composition — drawn from former high office holders, regional representatives, and presidential appointees — is designed to bring experience, continuity, and diverse perspectives to the highest level of decision-making .
Quick Facts
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The Council of State is established under Article 89 of the 1992 Constitution .
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Its core mandate is to counsel the President in the performance of his functions .
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The Council has 25 members, including former public officials, regional representatives, and presidential appointees .
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It must meet at least four times a year, and its meetings are held in camera unless it decides otherwise .
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The President appoints most members, but regional representatives are elected by an electoral college from each region .
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Its advice is not binding on the President, Parliament, or any other authority .
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Members are entitled to allowances and privileges determined under Article 71 of the Constitution .
The Constitutional Mandate
The Council of State has three principal functions under the Constitution.
Counselling the President
The primary function is to counsel the President in the performance of his functions . This is a broad mandate, allowing the Council to offer advice on any matter of national interest. The Council may act upon request or on its own initiative, considering and making recommendations on any matter being dealt with by the President, a Minister of State, Parliament, or any other authority established by the Constitution .
Advising on Appointments
The Council of State has a specific role in appointments that the Constitution requires to be made in accordance with its advice or in consultation with it. This includes appointments to key institutions such as the Electoral Commission, the Commission on Human Rights and Administrative Justice, the Auditor-General, the National Commission for Civic Education, and the governing boards of public corporations . The Council must give its advice within thirty days of receiving a request from the President or other authority .
Considering Bills
When the President is considering whether to assent to a bill passed by Parliament, he may request the Council of State to consider it. The Council must complete its consideration within thirty days, or within seventy-two hours if the bill was passed under a certificate of urgency. If the Council proposes amendments, it transmits them to the President with a memorandum within fifteen days <span class=””>.
Composition of the Council
The Council has 25 members, drawn from several categories .
Ex-officio members include one person who has previously held the office of Chief Justice, one former Chief of Defence Staff, and one former Inspector-General of Police. These are appointed by the President in consultation with Parliament .
The President of the National House of Chiefs is also a member by virtue of that office .
Regional representatives — one from each of Ghana’s 16 regions — are elected by an electoral college comprising two representatives from each district in the region, nominated by the District Assemblies. The elections are conducted in accordance with regulations made by the Electoral Commission .
Eleven other members are appointed by the President .
The Council elects its own chairman from among its members .
How the Council Operates
The Council of State must meet at least four times a year for the dispatch of business. It must also meet if requested by the President, by Parliament, or by at least five of its own members .
Its meetings are held in camera — meaning in private — unless the Council decides to admit the public. This confidentiality is intended to allow for frank and candid advice, particularly on sensitive matters . However, the Council has occasionally opened its deliberations to the public, as it did in 2004 for a consultative seminar on the general election .
Members of the Council hold office until the end of the President’s term, unless they resign, become permanently incapacitated, or are removed by the President on grounds of stated misbehaviour or inability to perform their functions, with the prior approval of Parliament .
The Role in Practice
The Council’s advisory role is often described as akin to the traditional council of elders that advises a chief. It provides a space for experienced figures to offer independent counsel outside the political pressures of Cabinet or Parliament .
Over the years, the Council has worked largely in the background, fulfilling its mandate without the public attention that accompanies the other arms of government. Its members are typically elderly people of various competencies who wield respect in society .
The Council has also been involved in monitoring government policies and programmes, alerting relevant officials to weaknesses, threats, and opportunities. It has promoted linkages and coordination among ministries, departments, and agencies, and has engaged in mediation and conflict resolution to ensure national peace and harmony .
The Debate About the Council
The Council of State has been the subject of debate about its relevance and effectiveness.
Former President Jerry John Rawlings once said that a well-chosen Council of State was an asset, but its members must show deep nationalism, initiative, and boldness in discharging their functions. Former President John Agyekum Kufuor argued that the Council must be composed of people known for public service and proven wisdom, not party principles .
Critics have argued that the Council is a costly appendage to the Presidency, that its members are often seen as aligned with the ruling government, and that its advisory role lacks teeth because its recommendations are not binding .
Others have proposed reforms, including replacing regional representatives with the Presidents of the Regional Houses of Chiefs, to depoliticise the Council and strengthen its connection to grassroots concerns .
The Daily Graphic, in a 2017 editorial, captured the tension: “The Council of State is necessary but it must be made more functional to deepen democratic governance and help the President achieve his mandate to provide good leadership and the needs of the people” .
Common Misconceptions
“The Council of State makes laws”
No. The Council has no legislative power. Its role is advisory. Parliament makes laws, and the President assents to them. The Council may be asked to consider a bill before assent, but it cannot amend or pass legislation .
“The Council’s advice is binding”
No. The Constitution explicitly states that the President, Ministers, Parliament, and other authorities are not required to act in accordance with the Council’s recommendations .
“The Council governs the country”
No. The Council is purely advisory. It does not administer, execute, or implement policy. It counsels .
“All members are appointed by the President”
No. Regional representatives are elected by an electoral college, and the President of the National House of Chiefs is a member ex officio. The President appoints the former Chief Justice, former Chief of Defence Staff, former Inspector-General of Police, and eleven other members .
“The Council meets in public”
Generally, no. The Council holds its meetings in camera unless it decides otherwise .
Frequently Asked Questions
What is the main purpose of the Council of State?
To counsel the President in the performance of his functions. It also advises on certain appointments and may consider bills before presidential assent .
Who appoints members of the Council of State?
The President appoints the former Chief Justice, former Chief of Defence Staff, former Inspector-General of Police, and eleven other members. Regional representatives are elected .
Can the Council of State force the President to follow its advice?
No. The Council’s advice is not binding. The President and other authorities are not required to act on its recommendations .
How often does the Council of State meet?
At least four times a year, and more frequently if requested by the President, Parliament, or at least five of its members .
What is the role of the Council of State in appointments?
It advises the President or other authority on appointments that the Constitution requires to be made in accordance with its advice or in consultation with it, such as appointments to the Electoral Commission and CHRAJ .
Can the Council of State consider a bill passed by Parliament?
Yes, if the President requests it. The Council must complete its consideration within thirty days, or seventy-two hours for urgent bills .
Do members of the Council of State receive salaries?
They are entitled to allowances and privileges determined under Article 71 of the Constitution, charged on the Consolidated Fund .
What to Remember
The Council of State is a constitutional advisory body, not a decision-making one. Its role is to counsel the President, advise on key appointments, and consider bills when asked. Its advice carries weight because of the experience and standing of its members, but it is not binding.
The Council exists to provide a space for seasoned, independent voices to guide the President — a modern echo of the traditional council of elders. Whether it fulfils that role effectively is a matter of ongoing debate, but its constitutional place in Ghana’s governance architecture is secure.
The next time you hear about the Council of State, remember: it does not rule, it does not legislate, and it cannot compel. But it can counsel — and in a system of checks and balances, counsel has its own quiet power.
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.
