Government proposes 35-year minimum age for presidential candidates, rejects CRC’s 30 years recommendation

The government has proposed a fixed single term of office for Ghana’s Chief Justice and a limit on the number of Supreme Court justices as part of planned constitutional reforms. Attorney-General and Minister for Justice, Dr Dominic Ayine, announced the government’s position on Thursday, July 30, after the Constitutional Review Committee presented its final report to President John Dramani Mahama at the Presidency. , Dr Ayine said the government supports a constitutional amendment that would allow the Chief Justice to serve a single, non-renewable term of 10 years or remain in office until reaching the mandatory retirement age, whichever comes first.

“Regarding the Judiciary, two positions deserve mention. First, the Government supports a fixed tenure for the Chief Justice: a single, non-renewable term of ten years, or until the retirement age, whichever occurs first,” he said. According to him, the proposal is intended to ensure orderly leadership transitions within the Judiciary and prevent a Chief Justice from occupying the office for an extended period.

“This ensures predictable transitions at the head of the Judiciary and removes the risk of prolonged or indefinite occupancy of that high office,” Dr Ayine explained. The Attorney-General also announced that the government supports placing a constitutional cap on the size of the Supreme Court. While the Constitutional Review Committee recommended limiting the Court to 15 justices, the government is proposing a larger bench comprising 19 members.

“Second, the Government supports capping the Supreme Court’s membership. The Committee recommended a cap of fifteen Justices. The Government proposes nineteen, that is, the Chief Justice and eighteen others,” Dr Ayine said.

He explained that setting a maximum number of justices would improve the Court’s efficiency while helping to manage public expenditure. “A cap promotes efficiency and manages public expenditure, while a bench of nineteen remains sufficiently robust to discharge the Court’s constitutional mandate,” he stated. The government has proposed reducing the minimum age for presidential candidates from the current 40 years to 35 years, opting against the Constitutional Review Committee’s recommendation of 30 years.

According to Dr Ayine, while the committee recommended lowering the eligibility age for presidential candidates to 30 years, the government believes 35 years is a more appropriate threshold. “The committee recommended that the minimum age for eligibility for election as president be reduced from 40 years currently in the Constitution to 30 years, and the government has accepted this recommendation in principle, subject to one modification. The minimum age will be 35 years, not 30 years,” he said.