GROUP 10 GROUP WORK

NAMES INDEX NUMBERS

Kelvin Afari Yeboah 10277990

Kathy Ann Mensah 10277545

Benjamin franklin Sablah 10276327

Dennis Yeboah Twumasi 10273027

Ibrahim Nihad Titiaka Oases 10279415

Komla Precious 10276319

Khadija Abdulai Natogma 10276460

Awurasi Josephyne Nugble 10273033

Rachelle Darko 10276283

Duut Dorcas 10276284

Anobea Addo 10110838

Ebenezer Kudom 10278300

Governance has been defined to refer to structures and processes that are designed to ensure

accountability, transparency, responsiveness, rule of law, stability, equity and inclusiveness,

empowerment, and broad-based participation. Governance also represents the norms, values and

rules of a system through which public affairs are managed in a manner that is transparent,

participatory, inclusive and responsive. Governance therefore can be subtle and ingenious such

that, it may not be easily observable. In a broad sense, governance is about the culture and

institutional environment in which citizens and stakeholders interact among themselves and

participate in public affairs. Governance goes beyond the organs of the government. I.e., The

judiciary, the legislature and the executive.

International agencies such as United Nation Development Program, the World Bank, the

Organization Economic Cooperation Development, Development Assistance Committee (DAC)

and others define governance as the exercise of authority or power in order to manage a country’s

economic, political and administrative affairs to ensure accountability to the people. The 2009

Global Monitoring Report sees governance as ‘power relationships’, formal and informal

processes of formulating policies and allocating resources, processes of decision-making and

mechanisms for holding governments accountable.

Often there is a tendency to equate governance with management, whilst the latter primarily refers

to the planning, implementation and monitoring functions in order to achieve pre-defined results,

the former is about being accountable for the specific resources entrusted in your care.

Management encompasses processes, structures and arrangements that are designed to mobilize
and transform the available physical, human and financial resources to achieve concrete outcomes.

Management refers to individuals or groups of people who are given the authority to achieve the

desired results. Governance systems set the parameters under which management and

administrative systems will operate. Governance is about how power is distributed and shared,

how policies are formulated, priorities set, and stakeholders made accountable

THE CONCEPT OF GOOD GOVERNANCE

Good governance refers to mobilizing the people of a country in the best direction possible. It

requires the unity of the people in the society and motivates to attain political objectivity. Good

governance and good leadership are the antidote to corruption. Good governance is evident in the

effective management of people’s expectation for the greater good. JOE BIDEN once said that

“the future belongs to those who unleash the potentials of their people and not speckle them”.

This existence of the concept can be traced to Max Weber who advocated without necessarily

mentioning the term good governance, that governance plays its role properly when there's a strict

observance of rule of law and legal rationality whilst advising against a mixture of private interests

with public responsibilities among bureaucrats

Worldwide Governance Indicators (WGI) research project defines good governance as institutions

and process by which power is exercised and the procedure by which governments are selected,

held accountable, checked and replaced. Further, it is the capacity of governments to manage

resources effectively and efficiently, as well as formulate, implement and enforce sound plans and

regulations, and the reverence for the institutions that govern them (Onigbinde, 2007). The UNDP

(1997) described good governance as the entirety of exercise of authority in the administration of

a nation’s matters, encompassing the complex procedures, apparatuses, and institutions through

which groups and populaces express their interests, implement their legal rights and arbitrate their
dissimilarities. It comprises the economic, political, social, judicial and administrative authority,

and thus includes the private sector, the government and the civil society. It also entails a particular

set of initiatives and a broad strategy to reinforce the civil society institution purposing to make

the government more accountable, more democratic and more transparent (Abe, 2010). Acemoglu

and Robinson (2012) defined good governance as a significant level of an organizational structure

upon which policy formulation and the policy implementation is carried out, especially in the

conduct of economic policies and the overall contribution to growth, stability as well as in public

welfare. Consequently, good governance is not only about accountability, transparency, and

participation but also encompasses the rule of law and openness. A more insightful and

comprehensive explanation of good governance was provided by the World Bank (1992) which

defined it as the means through which power is exercised in the management of the economy of a

given country together with its social resources that are geared towards development. According

to Potter (2000), good governance can be regarded as sound development management,

accountability, the legal framework for development improvements, the legality of the

government, information and technology, the capability of administrations to articulate suitable

policies, make timely decisions, implement them efficiently and deliver services. Thus, good

governance is the level at which a government is observed and acknowledged as valid, devoted to

refining the wellbeing of people and being able to respond to the requirements of the populace.

The government should also be capable of the upkeep of law and order, and public service delivery,

ability to produce an empowering setting for fecund undertakings and impartial in its conduct.

PRINCIPLES UNDERLYING GOOD GOVERNANCE

Good governance as a concept is based on various principles. These principles in general sets the

ground in which good governance operates. On the other hand, the principle of good governance
ensures the operation of good governance. The following are some of the principles of good

governance.

CONSTITUTIONALISM

To start with, the concept of constitutionalism, can be argued to be one of the major factors that

ensure that concept of good governance. Constitutionalism is the limitation placed on

governmental powers by institutions provided for in the constitution. It therefore combines the

idea of a limited government in its actions and accountable to its citizens for its actions. Thus, the

concept of constitutionalism is portrayed as the ideal that every country strives to achieve. In

simple terms, the concept of constitutionalism being of the strong factor to keep the government

helps to ensure the growth of Good Governance in Ghana. Although constitutionalism is not the

same as democracy, the existence of democratic institutions is an indicative of growing concept of

constitutionalism. This is because through constitutionalism, government and institutions of

government are compelled to abide or go by the rules stated in the constitution. The principle of

constitutionalism was illustrated in the case of SHALABBI v. THE ATTONERY GENERAL,

where the court held that, the NLC cannot have more power than the citizens ,so by putting the

citizens ‘rights and freedoms before some digressive law, the concept to good governance was

ensured when the court placed some limitation son the NLC government .Generally ,the concept

of constitutionalism ensures good governance because placing limitation of governmental power

or political authority cancels out to a large extent the threat of tyrannical or arbitrary rule which

are enemies to the practice of good governance. It ensures therefore that the government of the day

together with its working institutions are on their toes and act according to the power granted them

hence preventing power drunkenness. This ensures that, there is no political tyranny to human

frailty because of the limitations placed on the government.

The second principle of good governance is the concept of rule of law; the meaning of the doctrine

of rule of law as an element of good governance and its operation or significance for economic

development is very important in the concept of good governance. The modern articulation of the

concept is attributed to Dicey. He postulated that the rule of law entails three crucial elements.

These are a) supremacy of the law and absence of arbitrariness, b) equality before the law, and c)

constitutional law as part of the ordinary law of the land. Since then, the exposition of the concept

has largely revolved around subjecting the government and in particular the lawmakers to the same

laws as ordinary people. That is, the effectiveness of the law in restraining and where necessary

punishing abuse of political power. Considering the historical context in which the concept was

propounded, it is not surprising that its focus was political. Though some effort has been made

since the 1960s to direct the concept to economic issues, it has largely remained a political

imperative. One of the primary elements of rule of law is that all laws must be open and clear.

Clarity may be a matter of interpretation and degree, but secretive law would not enhance good

governance since it can easily be abused by those who enact and apply it. For law to be obeyed, it

must be published and known to the general public particularly those who are to be guided or

affected by it. The establishment of the stock exchange, for example, must be known, for it to

mobilize the necessary interest and resources. Furthermore, the rules of participation on the market

must leave no doubt as to the consequences of violation. If such rules are not clear and open,

confidence in the stock market and its operation would be undermined. In addition, the publication

of the law must be contextualized in the particular social economic circumstances. For instance,

where multiple languages are used in a country, it might be necessary to translate or write the laws

in all languages. In Ghana, article 17 of the 1992 constitution states that, all persons shall be
equal before the law. Clause 2 states that a person shall not be discriminated against on the ground

of gender, race, color, ethnic, origin, religion, creed or social or economic status. The point being

made is that Ghana as a country provides for ways to ensure rule of law within the government.

SEPARATION OF POWERS

Another principle is separation of powers; separation of power refers to the division of

governmental powers and responsibilities into distinct branches to limit any one branch from

exercising the core function of another. According to John Locke, there will be a human frailty for

the same people who have in their hands the power to make laws to be the same people to have in

their hands the power to interpret them. What this means is that there should be various arms of

government to the vested with the power for the various functions of the government, and thus

vesting all the powers into one institution will cause political tyranny and this will not aid in

achieving the objective of good governance. In Ghana, there have been cases where the concept

of separation of powers were illustrated. In TUFFUOR V. ATTORNEY GENERAL, the

principle was clearly illustrated. Also, in the case of JH MENSAH V. ATTORNEY GENERAL,

the concept was again illustrated in the case.

TRANSPARENCY

Another principle of good governance is transparency; governance needs transparency for the fair

delivery of services to the citizens.it ensures a balance between policymaking and its enforcement

following proper rules and regulations. It enables citizens to access the governmental information

regarding various policies and their implementation freely. Proper media should be established for

an easy understanding of this information. In Ghana for example, the PUBLIC

PROCUREMENT ACT, the finance minister is vested with the power to request information
from public spending officers with regards to monies allocated to them. This ensures

accountability to the general public which ensures good governance as well.

PARTICIPATION

Again, another principle of good governance is Participation; the participation of citizens in the

process of governance is the key characteristics of good governance. Participation is an important

step for mobilizing people to participate in the decision-making process. It can be direct or indirect

but participants need to be informed and organized. The aims and objectives of the political rights

will be fulfilled by the greater participation of the people in the society. The legal framework

represents the rule of law which ensures impartiality in terms of participation in the decision

making.

ACCOUNTABILITY

Another concept is accountability; accountability as a principle is one of the most important

characteristics of good governance. Good governance depends on how accurate governmental as

well as private sectors and civil society organization to their people and its institutional

stakeholders. Without transparency and rule of law, accountability cannot be achieved.

An equitable just society must be established for ensuring good governance. Society’s well-being

depends on how its members feel about it. It requires all its members feel about it. It requires all

its members feel that they are not excluded from the mainstream in the governance.

EFFECTIVENESS AND EFFICIENCY

Another point worth mentioning is effectiveness and efficiency. This ensures the outcomes of the

institutions to meet the needs of society. Proper utilization of society’s resources for establishment
of sustainable development is key to good governance. It also ensures the sustainable use of natural

resources for the protection of the environment.

GOOD GOVERNANCE IN OPERATION; INSTITUTIONS ENSURING GOOD

GOVERNANCE

Courts(judiciary)

The judiciary arm of government is vested with the power to all matters on judicial matters to

enforce the constitution and any other law in order to ensure good governance. Article 125 states

that justice emanates from the people to be administered by the judiciary. This means that, the

judiciary as an arm has been given the authority to administer justice to the people and in so doing,

ensures accountability and good governance. Article 1(2) of the constitution also states that, the

constitution is the supreme law of the land and any other law found to be inconsistent with the

constitution shall to the extent of the inconsistency be declared null and void. Also, article 2(1) of

the constitution also states that any person who alleges that an enactment or anything contained in

or done, under the authority of that or any other enactment; or any act or omission of any person

is inconsistent with or is in contravention of a provision of this Constitution, may bring an action

in the Supreme Court for a declaration to that effect. What this means is that by way of

accountability and good governance on the part of the judiciary, they have the power to enforce

the constitution and administer justice in the name of the people. Again, the constitution gives the

judiciary the power to declare any law inconsistent with provisions in the constitution null and

void. And so, in the case of MENSIMA V ATTORNEY GENERAL where an act was

inconsistency with a provision in the constitution, the act to the extent of the inconsistency was

declared null and void by the courts. This declaration ensures the supremacy and the defence of

the constitution which ensures good governance in that, it preserves the supremacy of the
constitution which ensures the concept of rule of law. The courts or the judiciary also checks on

other arms of government or institutions in government to ensure things are being done in

accordance with the constitution. One of these institutions is the parliament. Even though it was

stated in the case of TUFFUOR V ATTORNEY GENERAL that matters of parliament are a

closed book, parliament can still question the outcome of the proceedings in parliament to make

sure there is compliance with the law and hence good governance is in place. And so as stated

earlier in the case of MENSIMA, the courts declared the laws enacted by parliament null and void.

The point being made here is that the judiciary has a role to play for the concept of good governance

to be able to be achieved and these are to enforce, to protect and interpret the constitution and any

other law in other to ensure compliance with the law. The judiciary has faced many issues that has

retarded their progress or contribution to good governance. An example of this can be seen in the

ANAS EXPOSEE where judges were taking bribes and other gifts from people in order to rule in

their favour.

Parliament

The Parliament is an institution that ensures good governance. Parliament as a body is responsible

for making laws in a state and in Ghana, parliament makes the laws as stated in article 93(2) which

states that the legislative power shall be vested in the parliament. Parliament has enacted so many

laws to regulates the activities and behavior of persons in the country both natural and artificial

persons. Examples of these acts are the criminal offences act which aims at protecting the interest

of people against criminal actions and controlling and protecting public peace. Another example

can be the companies act 2019 act 992 which focuses on how companies should be formed and

how they should regulate as well. It can be agreed however that parliament takes part in the law

and decision making which in turn helps build legal standards in the country. Presumably, several
procedures and policies find root in the legislations of parliament. Parliament therefore promotes

good governance by formulating laws which are effective in governing the affairs of the state and

principles which foster development in the state as stated above. Parliament also serves as a

sounding board of public opinions from their various constituencies or regions where they were

elected. Such ideas as communicated from the people are deliberated, debated and help shape

governance in that through this, the government gets to solve the problems being faced by the

citizens which also ensures good governance. The administration of the parliament activities

towards good governance has not always been a smooth one in that, there are instances where

actions of parliament have proved otherwise and this can be seen in the case of J.H MENSAH V

ATTORNEY GENERAL, where parliament activities were against the constitution.

Media

The constitution under chapter 12 of the constitution guarantees the institution of the media. The

media is an important institution which promotes good governance. The media ensures good

governance by acting as a means for exposing governmental flaws and action and by alerting the

citizens of the works of the government. That is, it is a means of transparency and accountability.

The media also serves as a relay point whenever the government want to pass an information to

the entire populace. An example of this is during the covid lockdown period when the president

was addressing the nation on Television. This was made possible by the media in that the people

would not have gotten to k now about the information without the help of the media. In the case

of NPP V GBC, the court held that there must be equal access and equal time for articulation of

divergent or dissenting views. This is in accordance article 163 of the 1992 constitution of Ghana.

The media facilitates conversations among the public and helps in the formation of public opinions

and participatory government.

Chapter 8 of the 1992 constitution guarantees the office of the president and the executive. The

executive as an arm of government also ensures good governance. The executive ensures that good

governance is practiced in a state. This is done by setting policies in place to help in the running

of affairs in the country. The executive implements policies and procedures which promote the

smooth running of good governance. Some of these policies are the fiscal policies and budget that

is prepared by the executive every year through the finance minister. The budget is then sent to

parliament for approval which upon approval, becomes the spending guide for the executive. The

implementation of good policies is central to development. Hence implementing policies by the

executive body which are good will ensure that good governance is established

Electoral commission

Chapter 7 of the 1992 Constitution guarantees the office of the Electoral Commission. Under

article 43 of the 1992 Constitution, the Electoral Commission consist of a chairman; two Deputy

Chairmen; and four other members. The members of the Commission are appointed by the

President under article 70 of the Constitution. Article 44(1) of the 1992 Constitution provides that

a person is not qualified to be appointed a member of the Electoral Commission unless he is

qualified to be elected as a Member of Parliament. Article 44(2) of the 1992 Constitution provides

that the Chairman of the Electoral Commission shall have the same terms and conditions of service

as a Justice of the Court of Appeal. Article 44(3) of the 1992 Constitution provides that the two

Deputy Chairman of the Commission shall have the same terms and conditions of service as are

applicable to a Justice of the High Court. Article 44(4) of the 1992 Constitution provides that the

Chairman and the two Deputy Chairmen of the commission shall not, while they hold office on

the Commission, hold any other public office. Article 44(5) of the 1992 Constitution provides that
the other four members of the Commission shall be paid such allowances as Parliament may

determine. Article 44(6) of the 1992 Constitution provides that if a member is absent or dies, the

Commission shall continue its work until the President, acting on the advice of the Council of

State, appoints a qualified person to fill the vacancy. The Electoral Commission Act, 1993 (Act

451) was passed pursuant to the Constitution to provide detailed information about the

commission. The electoral commission contributes to good governance in the sense that, they have

the mandate to organize free and fair election to help the people to vote and elects the leaders they

want. It is the duty of the EC to make sure these candidates are of good behavior and are therefore

qualified to be good leaders to ensure good governance. This means that the candidates must pass

all the requirements in the constitution before a person can be voted for as either a president or a

vice president or even an MP. By so doing, qualified people will be voted which will ensure good

governance.

Even though the EC has been contributing to good governance, there has been instances where the

activities of the EC has been declared by the judiciary as unconstitutional and not contributing to

good governance. And so, in the case of DANSO ACHEAMPONG v ELECTORAL

COMMISSION & ATTORNEY –GENERAL [2013 -2014] 2 SCGLR 1654, where the

Electoral Commission allowed eligible persons to register with National Health Insurance (NHI)

card as one of the citizenship identity cards under regulation 1(3) (d) of the Public Elections

(Registration of Voters) Regulations, 2012 (CI 72), the plaintiffs challenged the activity of the

Electoral Commission as inconsistent with article 42 of the 1992 Constitution. The Supreme Court

granted the reliefs sought by the plaintiffs and held that the use of the National Health Insurance

(NHI) card which was not a citizenship card was inconsistent with article 42 of the 1992

Constitution which allows citizens to register and vote in public elections and referenda. The point
being made here is that, even though the EC has been contributing to good governance, there are

instances their actions proved otherwise. However, it can be agreed that the pros outweigh the

cons.

ADVANTAGES OF GOOD GOVERNANCE

i. Good governance sends a strong signal to investors, regulators, employees and other

constituencies that it values fairness, careful deliberation and building consensus before

acting

ii. The concept of good governance prevents tyrannical and arbitrary rule. Good

governance means that processes and institutions produce results that meet the needs

of society while making the best use of resources at their disposal.

iii. The concept of good governance promotes the protection of human rights. Good

governance promotes the enjoyment of rights such as freedom of speech, fair

distribution of social resources, economic and health rights among several others

iv. The concept also ensures sustainable development in that, by adhering to the laws, the

government and its institutions are able to develop the country and also better the lives

of the citizens in the country.

GOOD GOVERNANCE AND SUSTAINABLE DEVELOPMENT

Good governance is an imperative to sustainable development and requires good policies and

effective provisions of institutions conducive to good governance. Sustainable has its roots in ideas

of sustainable forest management which was developed in Europe during the 17th and 18th
centuries. Sustainable development has been defined by the Brundtland Commission as the

development that meets the need of the present without compromising the ability of future

generations to meet their own needs. Sustainable development binds together concern for the carry

capacity of natural systems with the social, political and economic challenges faced by humanity.

The United Nations Global Compact Cities Programme listed seven subdomains of the domain of

politics with regards to sustainable development. Some are organization and governance, law and

justice, communication and critique, representation and negotiation, ethics and accountability and

others. Sustainable development and Sustainable Development Goals (SDGs) of the United

Nations go hand in hand. Currently, there are seventeen SDGs which comprises some of the

following: no poverty, reduced inequalities, decent work and economic growth, peace, justice and

strong institutions, gender equality, sustainable cities and communities, and others. The United

Nations has a program called the Good Governance in Sustainable Development Program whose

objective is to assist societies to develop on effective government within a democratic system and

to implement sustainable development principles through global partnership. In brief, sustainable

development is the promise of a political response to several issues and governance is the

coordination of that response. Good governance is, therefore, the way in which sustainable

development is built that is more efficient and effective resources, better access to capital and

higher quality employment opportunities and a better chance of developing in a sustained way for

the betterment of the country.