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Minority rejects Security and Intelligence Agencies Bill, cites ‘excessive executive powers’

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The Minority Caucus in Parliament has rejected the proposed Security and Intelligence Agencies Bill, 2025, describing it as deeply flawed and warning that it concentrates excessive power in the Presidency without adequate safeguards.

In a statement issued on February 18 and signed by Minority Leader Alexander Afenyo-Markin, the caucus said while it supports reforms to modernise Ghana’s national security architecture, it cannot back the bill in its current form.

According to the Minority, the legislation centralises appointing powers in the President, weakens independent oversight and expands surveillance authority without strong human rights protections.

The statement follows the laying of the report of the Security and Intelligence Committee before Parliament, after which debate commenced on the floor of the House.

The Minority raised seven key concerns.

First, it argued that the bill gives the President sweeping authority to appoint the National Security Coordinator, Directors-General of intelligence agencies and other key officials without requiring parliamentary vetting.

The caucus described this as unacceptable, particularly because the offices exercise coercive powers and have access to sensitive national data.

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Second, it criticised what it termed a weak oversight framework dominated by the Executive. The Minority contends that placing the National Security Council, chaired by the President, as the governing body of intelligence agencies effectively amounts to “self-oversight.”

It also noted the absence of an independent inspector-style body with proactive investigative powers.

Third, the caucus said the bill restricts parliamentary scrutiny by allowing security officers to refuse to produce documents if the Speaker certifies that disclosure would be prejudicial to national security, without requiring detailed justification.

It further expressed concern about criminal sanctions of five to ten years for certain disclosures, arguing that the bill provides no explicit protections for whistleblowers who expose wrongdoing.

On surveillance, the Minority described the warrant regime as troubling. It objected to provisions allowing applications to intercept communications to be made not only to a Superior Court judge but also to a senior police officer, warning that administrative authorisation for intrusive powers undermines judicial oversight.

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The caucus also criticised the structure of Regional and District Security Councils, which are chaired by political appointees, cautioning that the arrangement risks politicisation, particularly during election periods.

Additionally, it said the bill lacks strong financial transparency mechanisms, noting that while Parliament approves funding for intelligence agencies, there is no requirement for detailed budget breakdowns or structured reporting to enable proper scrutiny.

“For these reasons, we cannot support the Bill in its present form,” the statement concluded.

The Minority called for the insertion of independent oversight mechanisms, judicial-only warrant authorisation, stronger whistleblower protections, clear human rights guarantees and improved financial transparency.

It emphasised that national security and civil liberty are not opposing goals, urging Parliament to strike a careful balance that protects the nation without eroding constitutional freedoms.

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Read the full statement below

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Source: www.myjoyonline.com
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