The legal framework of the Council of State is contained in Chapter 9 of the 1992 Constitution and the Council of State Act 2020, (Act 1037) of the Republic of Ghana. Having firmly opted for an Executive Presidency, a single chamber of Parliament and an independent Judiciary, the Constitution also established a Council of State with the responsibility of counseling the President and members of his Government as well as other public officials.


This section provides the readers with the constitutional backbone of the Council of State.

The Mandate Of The Council

Chapter 9 of the 1992 Constitution Article 89(1) "There shall be a Council of State to counsel the President in the performance of his functions". The Constitution specifically enjoins the Council of State to "Consider and advise the President or any other authority in respect of any appointment which is required by the Constitution or any other law to be made in accordance with the advice of, or in consultation with, the Council of State". It also states that "upon request or on its own initiative, the Council of State is to consider and make recommendation on any matter being considered or dealt with by the President, a Minister of State, parliament, or any other authority established by the Constitution ".

Membership Of The Council

Chapter 9 of the 1992 Constitution Article 89(2) (a)"The Council of State shall consist of the following persons appointed by the President in consultation with Parliament . (i)one person who has previously held the office ofChief Justice. (ii)one person who has previously held the office of Chief of Defence Staff of the Armed Forces of Ghana; (iii) one person who has previously held the office of Inspector-General of Police; (b)the President of the National House of Chiefs; (c)one representative from each region of Ghana elected, in accordance with regulations made by the Electoral Commission under article 51 of this Constitution, by an electoral college comprising two representatives from each of the districts in the region nominated by the District Assemblies in the region; and (d)eleven other members appointed by the President."

The Modus Operandi of The 7th Council of State

The Council of State adopted the Committee system to facilitate in-depth deliberation of issues for input into its plenary sessions. It operates in four Standing Committees, namely: the Appointments, House Affairs Committee, the Legal, Constitutional Affairs and Petitions Committee , the Economy and Special Development Committee . This has helped the Council to work diligently on numerous issue of national interest.