CONSTITUTION OF THE THIRD REPUBUC OF GHANA …

2

CONSTITUTION OF THE THIRD REPUBUC OF GHANA (PROMULGATION) DECREE, 1979

(2) The said Constitution shall have the force of Jaw.

Commence"? 2. The Constitution shall come into force Oll the 24th day of Cm.e.onntstoitrution. September, 19'79..

Printing of 3. Whenever it becomes necessary for the Constitution to be Constitution, printed the Government Printer may omit all parts of this Decree

and the Constitution as so printed shall, subject to the provisions of sections 1 and 2 of this Decree have the force of law notwithw standing the omission,

Constituent 4. The Constituent Assembly is hereby dissolved and accordingly

Assembly dissolved.

the foll owing enactments are ,hereby repealed-

the Constituent Assembly Decree, 1978 (S.M.C.D. 203),

the Constituent Assembly (Amendment) (No.2) Decree, 1978 (S.M.C.D. 207),

the Constituent Assembly (Commencement of Proceeda ings) Proclamation, 1978 (S.M.C.D. 209), and

the Constituent Assembly (Amendment) Decree, 1979 (S.M.C.D. 220).

Decree to

5~ The provisions of this Decree shall replace aU the provisions

replace A.F.R.C.D .

of the Constitution of the third Republic of Ghana (Promulgation)

I

S.

Decree, 1979 (A.F.R.C.D. 8) and accordingly, the said Constitution

of the Third Republic of Ghana (Promulgation) Decree, 1979

(A.F.R.C.D . 8) shall cease to have effect.

SCHEDULE THE CONSTITUTION OF THE REPUBLIC OF GHANA, 1979

'~ .

A.F.ILeD. 24.

CONSTITUTION OF THE THIRD REPUBLIC OF GHANA (PROMULGATION) DECREE, 1979

WHEREAS by the Constituent Assembly Decree, 1978 (8.M.C.D. 203) as subsequently amended a Constituent Assembly was established and section 2 of the said Decree prescribed the functions

of the said Assembly as follows:-

"Functions ?ofConsti?

tuent Assem-

bly.

2. The Constituent Assembly-

(a) shall have full power to deliberate upon the Constitution for the Establishment of a Transitional (Interim) National Government for Ghana drawn up by the Constitutional Commission;

(bY'may make such amendments in the .?said draft Constitution as may appeal'

to it necessary in the national interest;

(c) shall submit to the Supreme Military Council not later than the 16th day of April, 1979 a Constitution for the administration of Ghana;

(d) shall submit by the date specified in para-

graph (c) of this section or such later

i

date as the Supreme Military Council may alIow, a report of all changes made

. !i

by the Constituent Assembly in the draft

Constitution drawn up by the Constitu-

tional Commission giving where possible

reasons for the changes."

ANI> WHEREAS the Constituent Assembly after completion of their functions under the said Decree submitted to the Supreme Military Council a Constitution for the administration of Gbana;

. ;

AND WHEREAS on the 4th day of June, 1979 the Government

of the Supreme Military Council was overtbrown and the Armed

Forces Revolutionary Council was establisHed as the Government

of Ghana;

AND WHEREAS the Armed Forces Revolutionary Council

considers it expedient to promulgate the Constitution submitted

by the Constituent Assembly subject to such changes as it deems

necessary in the public interest;

Now, THEREFORE, BE IT ENACTED by the Armed Forces RevoluD

I

donary Council as foHows--

I

1. (1) The Constitution set out in the Schedule to this Decree Enactment of

shall be the Constitution by. which Ghana shall be governed.

fl?onrstGhlatuntaio.n

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:.1

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REPUBLIC OF GHANA

CONSTITUTION

OF THE .

REPUBLIC

OF

GHANA

<

.( ..

1979

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ARRANGEMENT OF CHAPTERS

THE PREAMBLE

Chapter l. THE CONSTITUTION

2. THE LAWS OF GHANA

. 3. THE TERRITORIES OF GHANA

":'.

4. DIRECTIVE PRINCIPLES OF STATE POLICY

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5. CITIZENSHIP

6. FUNDAMENTAL HUMAN RIGHTS

Liberty of the Individual

Emergency Powers

Protection of Rights by Courts

7. REPRESENTATION OF THE PEOPLE

8. THE EXECUTIVE The President International Relations The Cabinet The National Security Council The National Development Commission The Attorney-General

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9. THE LEGISLATURE

Composition of Parlianlent

Procedure in Parlialnent

Summoning, Dissolution

Privileges and Inlmunities

Contempt of Parlianlent

The Parliamentary Service

10. THE COUNCIL OF STATfl

Chapter

ll. THE OMBUDSMAN

12. THE J UDICIARY T he Superior Court of Judicature The Supreme Court The Court of Appeal The High Court of Justice Miscellaneous

13. FINANCE

. General

The Statistical Service The Auditor-General

The Audit Service

14. THE PUBLIC SERVICES

15. THE PRISONS SERVICE

16. THE ARMED FORCES OF GHANA 17. TH~ POLICE SERVICE 18. NATIONAL SERVICE

19. CHIEFTAINCY

20. LOCAL GOVERNMENT AND ADMINISTRATION

21. LANDS

Public Lands

The Lands Commission

Stool Lands

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22. THE PRESS COMMISSION

23. COMMISSIONS OF INQUIRY

24. CODE OF CONDUCT FOR PUBLIC OFFICERS

25. AMENDMENTS TO THE CONSTITUTION

26. MISCELLANEOUS

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II

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SC1IEDULES First Schedule

Part I - First President Part II - First Parliament Part III - The Judiciary Part IV - Miscellaneous Part V - Public Corporations Second Schedule Oaths

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THE CONSTITUTION OF TIlE 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 THE LAWS OF GHANA 4. The .Laws of Ghana

CHAPTER THREE

THE TERRITORIES OF GHANA 5. Territories of Ghana

CHAPTER F OUR

DIRECTIVE PRINCIPLES OF STATE POLICY

6. Implementation of Provisions 7. National Integration and Unity 8. Objectives of Economic Policy 9. Objectives of Social Policy 10. Objectives of Educational Policy

11. International Re1ations

1V

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