The Energy Commission is a statutory body corporate with perpetual succession and a common seal established by an Act of the Ghanaian Parliament, the Energy Commission Act, 1997 (Act 541). The Commission may sue and be sued in its corporate name.

The Energy Commission consists of seven Commissioners appointed by the President of Ghana acting in consultation with the Council of State of the Republic. In making the appointments, the President takes into consideration the knowledge, expertise and experience of the persons so appointed and in particular, their knowledge in matters relevant to the functions of the Energy Commission.

The Executive Secretary is responsible for the day-to-day administration of the Energy Commission and is required to ensure the implementation of the decisions of the Commission. He provides strategic and organizational leadership to build the Commission into a pre-eminent state agency for formulating and articulating national energy policies.