CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA …

Business & Financial Laws of Ghana 1

CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA (PROMULGATION) LAW, 1992 (PNDCL 282)

As amended by

CONSTITUTION OF THE REPUBLIC OF GHANA (AMENDMENT) ACT, 1996 (ACT 527).i1

WHEREAS by the Consultative Assembly Law, 1991, (P.N.D.C.L. 253) the Provisional National Defence Council set up a Consultative Assembly to prepare a draft Constitution for the administration of Ghana; WHEREAS the Consultative Assembly submitted the draft Constitution for the Republic of Ghana to the PNDC on 31st March, 1992; WHEREAS the said draft Constitution was submitted to a national referendum held throughout Ghana on the 28th April, 1992; AND WHEREAS the people of Ghana approved the said Constitution for the administration of Ghana to come into force on 7th day of January, 1993. NOW THEREFORE IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:

Section 1--Commencement of the Constitution. The Constitution approved at the Referendum held on 28th April, 1992 and set out in the Schedule to this Law shall come into force on the 7th day of January, 1993.

Section 2-- Printing of Constitution. Whenever it becomes necessary for the Constitution to be printed the Government Printer may omit all parts of this Law and the Constitution as so printed shall, subject to section 1 of this Law have the force of law notwithstanding the omission.

ARRANGEMENT OF CHAPTERS THE PREAMBLE

CHAPTER 1. THE CONSTITUTION 2. TERRITORIES OF GHANA 3. CITIZENSHIP 4. THE LAWS OF GHANA 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

General Emergency Powers Protection of Rights by the Courts 6. THE DIRECTIVE PRINCIPLES OF STATE POLICY 7. REPRESENTATION OF THE PEOPLE

Right to Vote

Electoral Commission Political Parties 8. THE EXECUTIVE

The President International Relations

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The Cabinet The National Security Council National Development Planning Commission The Attorney-General 9. THE COUNCIL OF STATE 10. THE LEGISLATURE Composition of Parliament Procedure in Parliament Summoning, Dissolution, etc. Privileges and Immunities Contempt of Parliament The Parliamentary Service 11. THE JUDICIARY General The Supreme Court The Court of Appeal 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 12. FREEDOM AND INDEPENDENCE OF THE MEDIA 13. FINANCE General Statistical Service The Auditor-General The Audit Service 14. THE PUBLIC SERVICES 15. THE POLICE SERVICE 16. THE PRISONS SERVICE 17. THE ARMED FORCES OF GHANA 18. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE 19. NATIONAL COMMISSION FOR CIVIC EDUCATION 20. DECENTRALIZATION AND LOCAL GOVERNMENT 21. LANDS AND NATURAL RESOURCES Public Lands Lands Commission

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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

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

SCHEDULES Transitional Provisions First President First Parliament The Judiciary Miscellaneous Oaths

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

CHAPTER TWO--TERRITORIES OF GHANA

4. Territories of Ghana

5. Creation, Alteration or Merger of Regions

CHAPTER THREE--CITIZENSHIP

6. Citizenship of Ghana

7. Persons entitled to be registered as Citizens

8. Dual Citizenship

9. Citizenship Laws by Parliament

10. Interpretation

CHAPTER FOUR--THE LAWS OF GHANA

11. The Laws of Ghana

CHAPTER FIVE--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

General

12. Protection of Fundamental Human Rights and Freedoms

13. Protection of Right to Life

14. Protection of Personal Liberty

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15. Respect for Human Dignity 16. Protection from Slavery and Forced Labour 17. Equality and Freedom from Discrimination 18. Protection of Privacy of Home and Other Property 19. Fair Trial 20. Protection from Deprivation of Property 21. General Fundamental Freedoms 22. Property Rights of Spouses 23. Administrative Justice 24. Economic Rights 25. Educational Rights 26. Cultural Rights and Practices 27. Women's Rights 28. Children's Rights 29. Rights of Disabled Persons 30. Rights of the Sick Emergency Powers 31. Emergency Powers 32. Persons detained under Emergency Laws Protection of Rights by the Courts 33. Protection of Rights by the Courts CHAPTER SIX--THE DIRECTIVE PRINCIPLES OF STATE POLICY 34. Implementation of Directive Principles 35. Political Objectives 36. Economic Objectives 37. Social Objectives 38. Educational Objectives 39. Cultural Objectives 40. International Relations 41. Duties of a Citizen CHAPTER SEVEN--REPRESENTATION OF THE PEOPLE Right to Vote 42. Right to Vote 43. Electoral Commission 44. Qualifications, Terms and Conditions of Service of Members of Electoral Commission

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45. Functions of Electoral Commission 46. Independence of the Commission 47. Constituencies 48. Appeals from Decisions of Commission 49. Voting at Elections and Referenda 50. Election of Candidates 51. Regulations for Elections and Referenda 52. Regional and District Representatives of Commission 53. Appointment of Staff of Commission 54. Expenses of Commission charged on Consolidated Fund Political Parties 55. Organization of Political Parties 56. Restriction of Certain Propaganda CHAPTER EIGHT--THE EXECUTIVE The President 57. The President of Ghana 58. Executive Authority of Ghana 59. Absence from Ghana 60. The Vice-President and Succession to the Presidency 61. Public and Presidential Seals 62. Qualifications of President 63. Election of President 64. Challenging Election of President 65. Presidential Election Regulations 66. Term of Office of President 67. Presidential Messages 68. Conditions of Office of President 69. Removal of President 70. Appointments by President 71. Determination of Certain Emoluments 72. Prerogative of Mercy International Relations 73. International Relations 74. Diplomatic Representation 75. Execution of Treaties

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