Consttitution of the Republic of Ghana

Act 527

THE FI VI:' HUNDRED AND TWENTY -SEVENTH ACT

Of THE PARLIAMEN'I OF THE REPUBLIC 01- GHANA

ENTITIXD

THE CONSTITUTION OF THE REPUBLIC OF GHANA (AMENDMENT) ACT, 1996

AN

ACI

DwAaTmEenOdFthAeSCSoEnNsTtit:u/ti6o1n11

orthe Republic of

Decemher, /996

Ghana.

HI. IT ENACTED h) Parliament as follows-?

Article 8 of the Constitution substituted

"Dual citizenship

I. Article" of the Constitution is repealed and the following inserted -

8 (I) A citizen of Ghana may hold the citizenship of any other country

in addition to his citizenship or Ghana

(2) Without prejudice to article 94 (2) tal of the Constitution. no

citizen or Ghana shall qualify to be appointed as a holder of" an) office

specified in this clause if" he holds the citizenship of" any other count!")

in addition to his citizenship of Ghana (0) Ambassador or High Commissioner:

(h) Secretal"\' to the Cahinet;

(el Chief ot'Dcfencc Stall or am Service Chief:

(d) Inspector-General of Police:"

Ie) Commissioner. Customs, Excise and Preventive Service:

Act 527 Constitution of the Republic of Ghana (Amendment) Act, 1996

(j) Director ofImmigration Service; and (g) any office specified by an Act of Parliament. 3. Where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own Country by virtue of that marriage, a citizen of Ghana who is deprived of his

citizenship of Ghana by virtue of that marriage shall, on the dissolution of that marriage, become a citizen of Ghana".

Article 9 of the Constitution amended. 2. Article 9 of the Constitution is amended by the repeal of clause (5) thereof and the insertion of the following

"(5) Parliament may make provision by Act of Parliament for (a) the renunciation by any person of his citizenship of

Ghana; (b) the circumstances in which a person may acquire

citizenship of Ghana or cease to be a citizen of Ghana"

Artide.1U ofthe Constitution amended.

3.

112 of the Constitution is amended by the repeal of clause

(S) aDd the insertion of the following

' . Whenever a vacancy occurs in Parliament, the Clerk of

Parliament shall notify the Electoral Commission in

writing within seven days after becoming aware that the

vacancy has occurred; and a by-election shall be held

within thirty days after the vacancy occurred except that

where the vacancy occurred through the death of a

member, the by-election shall be held within sixty days

after the occurrence of the vacancy".

Constitution ofthe Republic ofGhana (Amendment) Act, 1996 Act 527

Article 114 of the Constitution amended. 4. Article 1 14 of the Constitution is repealed and the following inserted

"Gratuities for members of Parliament". 114. A person who has served as a member of Parliament for any period of time shall, on his death or on ceasing to be a member of Parliament in any circumstance, other than where he becomes disqualified as a member of Parliament or where he vacates his office under article 97 (1) (c) or (d), be eligible for the payment to his personal representatives or to him of such gratuity proportionate to his period of service as shall be determined by the President, acting in consultation with the Committee referred to in article 71 of this Constitution. "

Article 166 of the Constitution amended. 5. Article 166 of the Constitution is amended as follows

(a) by the insertion after sub-paragraph (viii) of paragraph (a) of clause (I) of the following

"(ix) the National Council on Women and Development; (x) the Trade Unions Congress; (xi) the Association of Private Broadcasters";

(b) by the substitution for "fifteen" in clause (I) of "eighteen";

(c) by the insertion after clause 2 of the following

"(3) A person who is a founding member of a political party, is a leader or a member of its executive or holds any office in a political party shall not be qualified to be a member of the Commission".

Article 199 of the Constitution amended. 6. Article 199 of the Constitution is amended by the insertion after clause (3) of the following

"(4) Notwithstanding clause (I) of this article, a public officer who has retired from the public service after

2

3

Act 527 Constitution of the Republic of Ghana (Amendment) Act, 1996 attaining the age of sixty years may, where the exigencies of the service require, be engaged for a limited period of not more than two years at a time but not exceeding five years in all and upon such other terms and conditions as the appointing authority shall determine".

Article 201 of the Constitution amended. 7. Article 201 of the Constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph

"(aJ a chairman who shall be appointed by the President acting in consultation with the Council of State";

Article 206 of the Constitution amended. 8. Article 206 of the constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph

"(aJ a chairman who shall be appointed by the President acting in consultation with the Council of State;.

Article 211 of the Constitution amended. 9. Article 211 of the Constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph

"(aJ a chairman who shall be the President or his nominee";

Date of Gazette notification: 3 1 December, 1 996

4

REPUBLIC OF GHANA

CONSTITUTION

OF THE

REPUBLIC

OF

GHANA

1992

ARRANGEMENT OF CHAPTERS

THE PREAMBLE

CHAPTER

I. THE CONSTITUTION

2. TERRITORIES OF GHANA

4

3. CITIZENSHIP

6

4. THE LAWS OF GHANA

9

5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

11

General

11

Emergency Powers

27

Protection of Rights by the Courts

30

6. THE DIRECTIVE PRINCIPLES OF STATE POLICY

31

7. REPRESENTATION OF THE PEOPLE

38

Right to Vote

38

Electoral Commission

38

Political Parties

42

8. THE EXECUTIVE

45

The President

45

International Relations

55

The Cabinet

56

The National Security Council

58

National Development Plannni g Commission

59

The Attomey- General

61

9. THE COUNCIL OF STATE

62

10. THE LEGISLATURE Composition of Parliament Procedure in Parliament Summoning, Dissolution, etc Privileges and Immunities Contempt of Parliament The Parliamentary Service

11. THEJUDICIARY General The Supreme Court The Court ofAppeal The High Court Regional Tribunals Appointment, retirement and removal of Justices of Superior Courts and Chairmen and other members of Regional Tribunals. Appointment, retirement and removal of Judicial Officers The Judicial Council Miscellaneous

.?",V." AND INDEPENDENCE OF THE MEDIA

Statistical Service

The Auditor-General The Audit Service

66 66 71 76 78 80 81 82 82 84 87 89 90

91

95 96 98 101 \ 05 105 1 12 1 12 1 14

ii

14. THE PUBLIC SERVICES 1 5 . THE POLICE SERVICE 16. THE PRISONS SERVICE 1 7. GHANA ARMED FORCES OF GHANA 1 8 . COMMISSION ON HUMAN RIGHTS AND

ADMINISTRATIVE JUSTICE

1 9. NATIONAL COMMISSION FOR CIVIC

EDUCATION

20. DECENTRALIZATION AND LOCAL

GOVERNMENT

2 1 . LANDS AND NATURAL RESOURCES

Public Lands Lands Commission Ownership of land by Non-Citizens Stool and Skin Lands and Property

Protecting Natural Resources

22: CHIEFTAINCY

23. COMMISSIONS OF INQUIRY

24. CODE OF CONDUCT FOR PUBLIC OFFICERS

25 AMENDMENT OF THE CONSTITUTION

26 MISCELLANEOUS

1 16 1 20 123 1 27

1 30

135

1 37 143 143 1 43 147 147 1 49 1 50 154 157 1 60 1 63

First Schedule Part I Part II Part III Part IV Second Schedule Oaths

S C HEDULES Transitional Provisions First President First Parliament The Judiciary Miscellaneous

171 171 171 1 72 1 74 1 85 1 85

iii

iv

THE CONSTITUTION OF THE REPUBLIC OF GHANA ARRANGEMENT OF ARTICLES

CHAPTER ONE

THE CONSTITUTION

Article

1 . Supremacy of the Constitution

2. Enforcement of the Constitution

3. Defence of the Constitution

2

CHAPTER TWO

TERRITORIES OF GHANA

4. Territories of Ghana

4

5. Creation, Alteration or Merger of Regions

4

CHAPTER THREE

CITIZENSHIP

6. Citizenship ofGhana

6

7. Persons entitled to be registered as Citizens

6

8. Dual Citizenship

7

9. Citizenship Laws by Parliament

7

1 0. Interpretation

8

CHAPTER FOUR

THE LAWS OF GHANA

II. The Laws of Ghana

9

CHAPTER FIVE

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

General

1 2. Protection of Fundamental Human Rights and Freedoms

II

1 3. Protection of Right to Life

II

1 4. Protection of Personal Liberty

12

1 5. Respect for Human Dignity

13

1 6. Protection from Slavery and Forced Labour

14

1 7. Equality and Freedom from Discrimination

14

1 8 . Protection of Privacy of Horne and Other Property

IS

19. Fair Trial

IS

20. Protection from Deprivation of Property

19

2 1 . General Fundamental Freedoms

21

22. Property Rights of Spouses

23

23. Administrative Justice

23

24. Economic Rights

23

25. Educational Rights

24

26. Cultural Rights and Practices

24

27. Women's Rights

25

28. Children's Rights

25

29. Rights of Disabled Persons

26

30. Rights of the Sick

26

v

Emergency Powers

3 1 . Emergency Powers

27

32. Persons detained under Emergency Law

28

Protection ofRights by the Courts

33. Protection of Rights by the Courts

30

CHAPTER SIX

THE DIRECTIVE PRINCIPLES OF STATE POLICY

34. Implementation of Directive Principles

31

35. Political Objectives

31

36. Economic Objectives

32

37. Social Objectives

34

38. Educational Objectives

35

39. Cultural Objectives

35

40. International Relations

36

4 1 . Duties of a Citizen

36

CHAPTER SEVEN

REPRESENTATION OF THE PEOPLE

Right to Vote

42. Right to Vote

38

43. Electoral Commission

38

44. Qualifications, Terms and Conditions of Service

of Members of Electoral Commission

38

45. Functions of Electoral Commission

39

vii

46. Independence of the Commission

39

47. Constituencies

39

48. Appeals from Decisions of Commission

40

49. Voting at Election and Referenda

40

50. Election of Candidates

41

5 1 . Regulation for Election and Referenda

41

52. Regional and District Representatives of Commission

41

53. Appointment of Staff of Commission

42

54. Expenses of Commission charged on Consolidated Fund

42

Political Parties

55. Organization of Political Parties

42

56. Restriction of certain Propaganda

44

CHAPTER EIGHT

THE EXECUTIVE

The President

57. The President of Ghana

45

58. Executive Authority of Ghana

45

59. Absence from Ghana

46

60. The Vice- President and Succession to the Presidency

46

6 1 . Public and Presidential Seals

47

62. Qualifications of President

47

viii

63 Election of President 64. Challenging Election of President 65. Presidential Election Regulations 66. Term of Office of President 67. Presidential Messages 68. Conditions ofOffice of President 69. Removal of President 70. Appointments by President 7 1 . Determination o f certain Emoluments 72. Prerogative of Mercy

International Relations

73. International Relations 74. Diplomatic Representation 75. Execution of Treaties

The Cabinet

76. The Cabinet 77. Meetings of the Cabinet 78.

Ministers of State 79. Deputy Ministers 80. Oaths 8 1 . Tenure of Office of Ministers, etc. 82. Vote of Censure

IX

48

49 50

50

50

50

51

53 54

55

55

55

56

56 56

56 57

57

57

57

The National Security Council

83. The National Security Council

58

84. Functions of the National Security Council

59

85. Establishment of Security Services

59

National Development Planning Commission

86. National Development Planning Commission

59

87. Functions ofNational Development Planning Commission 60

The Attorney-General

88. The Attorney-General

61

CHAPTER NINE THE COUNCIL OF STATE

89. The Council of State

62

90. Consideration of Bills by the Council of State

63

9 1 . Other Functions of the Council

63

92. Meetings of Council of State

64

X

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