CONSTITUTION OF THE FOURTH
REPUBLIC OF GHANA (PROMULGATION)
LAW, 1992 (PNDCL 282)
As amended
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
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
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
SCHEDULES
First Schedule —Transitional
Provisions
Part I—First President
Part II—First Parliament
Part III—The Judiciary
Part IV —Miscellaneous
Second Schedule—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
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
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
The Cabinet
76. The Cabinet
77. Meetings of the Cabinet
78. Ministers of State
79. Deputy Ministers
80. Oaths
81. Tenure of Office of Ministers,
etc.
82. Vote of Censure
The National Security Council
83. The National Security Council
84. Functions of the National
Security Council
85. Establishment of Security
Services
National Development Planning
Commission
86. National Development Planning
Commission
87. Functions of National
Development Planning Commission
The Attorney-General
88. The Attorney-General
CHAPTER NINE—THE COUNCIL OF STATE
89. The Council of State
90. Consideration of Bills by the
Council of State
91. Other functions of the Council
92. Meetings of Council of State
CHAPTER TEN—THE LEGISLATURE
Composition of Parliament
93. The Parliament of Ghana
94. Qualifications and Eligibility
95. The Speaker
96. Deputy Speakers
97. Tenure of Office of Members
98. Emoluments of Members
99. Determination of Membership
Procedure in Parliament
100. Oath of Members
101. Presiding in Parliament
102. Quorum in Parliament
103. Committees of Parliament
104. Voting in Parliament
105. Unqualified Person Sitting or
Voting
106. Mode of Exercising
Legislative Power
107. Retroactive Legislation
108. Settlement of Financial
Matters
109. Professional Organisations
110. Standing Orders of Parliament
111. Attendance in Parliament of
Vice-President and Ministers
Summoning, Dissolution, etc.
112. Sessions of Parliament
113. Dissolution of Parliament
114. Gratuities for Members of
Parliament
Privileges and Immunities
115. Freedom of Speech and of
Proceedings
116. Immunity from Proceedings for
Acts in Parliament
117. Immunity from Service of
Process and Arrest
118. Immunity from Witness Summons
119. Immunity from Service as
Juror
120. Immunity for Publication of
Proceedings
121. Privileges of Witnesses
Contempt of Parliament
122. General Contempt
123. Criminal Proceedings
The Parliamentary Service
124. The Parliamentary Service
CHAPTER ELEVEN—THE JUDICIARY
General
125. The Judicial Power of Ghana
126. Composition and Mode of
Exercise of Power of Judiciary
127. Independence of the Judiciary
The Supreme Court
128. Composition of Supreme Court
and Qualifications of its Justices
129. General Jurisdiction of
Supreme Court
130. Original Jurisdiction of
Supreme Court
131. Appellate Jurisdiction of
Supreme Court
132. Supervisory Jurisdiction of
Supreme Court
133. Power of Supreme Court to
Review its decisions
134. Powers of a Single Justice of
Supreme Court
135. Production of Official
Documents in Court
The Court of Appeal
136. Composition of Court of
Appeal and Qualifications of its
Justices
137. Jurisdiction of Court of
Appeal
138. Powers of a Single Justice of
Court of Appeal
The High Court
139. Composition of High Court and
Qualifications of its Justices
140. Jurisdiction of the High
Court
141. Supervisory Jurisdiction of
the High Court
Regional Tribunals
142. Establishment and Composition
of Regional Tribunals and
Qualifications of Chairmen and
other Panel Members
143. Jurisdiction of Regional
Tribunals
Appointment, Retirement and
Removal of Justices of Superior
Courts and Chairmen and other
Members of Regional Tribunals
144. Appointment of Justices of
Superior Courts and Chairmen and
other Members of Regional
Tribunals
145. Retirement and Resignation of
Justices of the Superior Courts
and Chairmen of Regional Tribunals
146. Removal of Justices of
Superior Courts and Chairmen of
Regional Tribunals
147. Service Conditions and
Removal of Panel Members of
Regional Tribunal other than the
Chairman
Appointment, Retirement and
Removal of Judicial Officers
148. Appointment of Judicial
Officers
149. Conditions of Service of
Judicial Officers
150. Retirement and Resignation of
Judicial Officers
151. Removal of Judicial Officers
152. Appointment, Allowances and
Removal of Lower Court or Tribunal
Panel members
The Judicial Council
153. Judicial Council
154. Functions of Judicial Council
Miscellaneous
155. Retiring Awards of Superior
Court Justices
156. Judicial Oath
157. Rules of Court
158. Other Officers and Employees
of Courts
159. Regulations by Chief Justice
160. Fees of the Courts to form
part of Consolidated Fund
161. Interpretation
CHAPTER TWELVE—FREEDOM AND
INDEPENDENCE OF THE MEDIA
162. Freedom and Responsibility of
the Media
163. Responsibility of State-owned
Media
164. Limitation on Rights and
Freedoms
165. Media Rights and Freedoms to
be Additional to Fundamental
Human Rights
166. National Media Commission
167. Functions of the Commission
168. Appointment of Board Members
of State-owned Media
169. Appointment of Editors
170. Staff of Commission
171. Expenses of Commission
charged on Consolidated Fund
172. Independence of Commission
173. Independence of Journalists
CHAPTER THIRTEEN—FINANCE
General
174. Taxation
175. Public Funds of Ghana
176. The Consolidated Fund
177. Contingency Fund
178. Withdrawal from Public Funds,
etc.
179. Authorisation of Expenditure
180. Expenditure in Advance of
Appropriation
181. Loans
182. Public Debt
183. The Central Bank
184. Foreign Exchange Dealings
Statistical Service
185. Statistical Service
186. Statistical Service Board
The Auditor-General
187. The Auditor-General
The Audit Service
188. The Audit Service
189. The Audit Service Board
CHAPTER FOURTEEN—THE PUBLIC
SERVICES
190. The Public Services of Ghana
191. Protection of Public Officers
192. Establishment of Public
Corporations
193. Head of Civil Service
194. The Public Services
Commission
195. Appointments, etc. of Public
Officers
196. Other Functions of the Public
Services Commission
197. Regulations
198. Independence of Commission
199. Retiring Age and Pension
CHAPTER FIFTEEN—THE POLICE SERVICE
200. The Police Service
201. The Police Council
202. The Inspector-General of
Police and Appointment of Members
of Police Service
203. Functions of the Police
Council
204. Regional Police Committees
CHAPTER SIXTEEN—THE PRISONS
SERVICE
205. The Prisons Service
206. The Prisons Service Council
207. Director-General of Prisons
Service and Appointment of Members
of Service
208. Functions of Prisons Service
Council
209. Regional Prisons Committees
CHAPTER SEVENTEEN—THE ARMED FORCES
OF GHANA
210. Armed Forces of Ghana
211. Armed Forces Council
212. Appointments
213. The Chief of Defence Staff
214. Functions of Armed Forces
Council
215. Delegation of Functions
CHAPTER EIGHTEEN—COMMISSION ON
HUMAN RIGHTS AND ADMINISTRATIVE
JUSTICE
216. Commission on Human Rights
and Administrative Justice
217. Appointment of Members of
Commission
218. Functions of Commission
219. Special Powers of
Investigation
220. Regional and District
Branches of Commission
221. Qualifications of
Commissioners
222. Commissioners not to hold
other Public Office
223. Terms and Conditions of
Service of Commissioners
224. Acting Appointments
225. Independence of Commission
and Commissioners
226. Appointment of Staff
227. Expenses of Commission
charged on Consolidated Fund
228. Removal of Commissioners
229. Initiation of Legal
Proceedings
230. Regulations
CHAPTER NINETEEN—NATIONAL
COMMISSION FOR CIVIC EDUCATION
231. Establishment of National
Commission for Civic Education
232. Membership of Commission
233. Functions of Commission
234. Independence of Commission
235. Terms and Conditions of
Service of Members of Commission
236. Removal of Chairman and
Deputy Chairmen
237. Regional and District
Branches of Commission
238. Appointment of Staff
239. Expenses of Commission
charged on Consolidated Fund
CHAPTER TWENTY—DECENTRALIZATION
AND LOCAL GOVERNMENT
240. Local Government
241. Districts of Local Government
242. Composition of District
Assembly
243. District Chief Executive
244. Presiding Member
245. Functions of District
Assemblies
246. Terms of District Assembly
247. Qualifications and Procedures
248. Political Parties and
Candidates for Election to Local
Government Units
249. Revocation of Mandate by
Electorate
250. Emoluments of District Chief
Executive and Presiding Member
251. Executive Committee
252. District Assemblies Common
Fund and Grants-in-Aid
253. Audit
254. Further Decentralization
255. Regional Co-ordinating
Councils
256. Regional Ministers and Deputy
Regional Ministers
CHAPTER TWENTY-ONE—LANDS AND
NATURAL RESOURCES
Public Lands
257. Public Lands and other Public
Property
258. Lands Commission
259. Membership of Commission
260. Regional Lands Commission
261. Membership of Regional Lands
Commission
262. Regional Lands Officer
263. Qualifications of Members
264. Tenure of Office of Members
of Commission
265. Independence of Lands
Commission
Ownership of Land by Non-Citizens
266. Ownership of Land by
Non-Citizens
Stool and Skin Lands and Property
267. Stool and Skin Lands and
Property
Protecting Natural Resources
268. Parliamentary Ratification of
Agreements Relating to Natural
Resources
269. Natural Resources Commissions
CHAPTER TWENTY-TWO—CHIEFTAINCY
270. Institution of Chieftaincy
271. National House of Chiefs
272. Functions of the National
House of Chiefs
273. Jurisdiction of the National
House of Chiefs
274. Regional House of Chiefs
275. Disqualification of Convicted
Persons
276. Chiefs not to take part in
Active Party Politics
277. Definition of Chief
CHAPTER TWENTY-THREE—COMMISSIONS
OF INQUIRY
278. Appointment of Commission of
Inquiry
279. Powers of Commission of
Inquiry
280. Functions of Commission of
Inquiry
281. Inquiry Procedure
282. Assistance by Lawyer or Other
Expert
283. Immunities and Privileges of
Witnesses
CHAPTER TWENTY-FOUR—CODE OF
CONDUCT FOR PUBLIC OFFICERS
284. Conflict of Interest
285. Other Public Appointments
286. Declaration of Assets and
Liabilities
287. Complaints of Contravention
288. Interpretation
CHAPTER TWENTY-FIVE—AMENDMENT OF
THE CONSTITUTION
289. Amendment of Constitution
290. Amendment of Entrenched
Provisions
291. Amendment of Non-Entrenched
Provisions
292. Certificate of Compliance
with Constitution
CHAPTER TWENTY-SIX—MISCELLANEOUS
293. Claims against Government
294. Legal Aid
295. Interpretation
296. Exercise of Discretionary
Power
297. Implied Power, etc.
298. Residual Powers of Parliament
299. Transitional Provisions
THE CONSTITUTION OF THE REPUBLIC
OF GHANA
IN THE NAME OF THE ALMIGHTY GOD
We the People of Ghana,
IN EXERCISE of our natural and
inalienable right to establish a
framework of government which
shall secure for ourselves and
posterity the blessings of
liberty, equality of opportunity
and prosperity;
IN A SPIRIT of friendship and
peace with all peoples of the
world;
AND
IN SOLEMN declaration and
affirmation of our commitment to;
Freedom, Justice, Probity and
Accountability;
The Principle that all powers of
Government spring from the
Sovereign Will of the People;
The Principle of Universal Adult
Suffrage;
The Rule of Law;
The protection and preservation of
Fundamental Human Rights and
Freedoms, Unity and Stability for
our Nation;
DO HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
CHAPTER ONE—THE CONSTITUTION
Article 1—Supremacy of the
Constitution.
(1) The Sovereignty of Ghana
resides in the people of Ghana in
whose name and for whose welfare
the powers of government are to be
exercised in the manner and within
the limits laid down in this
Constitution.
(2) This Constitution shall be
the supreme law of Ghana and any
other law found to be inconsistent
with any provision of this
Constitution shall, to the extent
of the inconsistency, be void.
Article 2—Enforcement of the
Constitution.
(1) A person who alleges that—
(a) an enactment or anything
contained in or done under the
authority of that or any other
enactment; or
(b) any act or omission of any
person,
is inconsistent with, or is in
contravention of a provision of
this Constitution, may bring an
action in the Supreme Court for a
declaration to that effect.
(2) The Supreme Court shall, for
the purposes of a declaration
under clause (1) of this article,
make such orders and give such
directions as it may consider
appropriate for giving effect, or
enabling effect to be given, to
the declaration so made.
(3) Any person or group of persons
to whom an order or direction is
addressed under clause (2) of this
article by the Supreme Court,
shall duly obey and carry out the
terms of the order or direction.
(4) Failure to obey or carry out
the terms of an order or direction
made or given under clause (2) of
this article constitutes a high
crime under this Constitution and
shall, in the case of the
President or the Vice-President,
constitute a ground for removal
from office under this
Constitution.
(5) A person convicted of a high
crime under clause (4) of this
article shall—
(a) be liable to imprisonment not
exceeding ten years without the
option of a fine; and
(b) not be eligible for election,
or for appointment, to any public
office for ten years beginning
with the date of the expiration of
the term of imprisonment.
Article 3— Defence of the
Constitution.
(1) Parliament shall have no power
to enact a law establishing a
one-party state.
(2) Any activity of a person or
group of persons which suppresses
or seeks to suppress the lawful
political activity of any other
person or any class of persons, or
persons generally is unlawful.
(3) Any person who—
(a) by himself or in concert with
others by any violent or other
unlawful means, suspends or
overthrows or abrogates this
Constitution or any part of it, or
attempts to do any such act; or
(b) aids and abets in any manner
any person referred to in
paragraph (a) of this clause,
commits the offence of high
treason and shall, upon
conviction, be sentenced to suffer
death.
(4) All citizens of Ghana shall
have the right and duty at all
times—
(a) to defend this Constitution,
and in particular, to resist any
person or group of persons seeking
to commit any of the acts referred
to in clause (3) of this article;
and
(b) to do all in their power to
restore this Constitution after it
has been suspended, overthrown, or
abrogated as referred to in clause
(3) of this article.
(5) Any person or group of persons
who suppresses or resists the
suspension, overthrow or
abrogation of this Constitution as
referred to in clause (3) of this
article, commits no offence.
(6) Where a person referred to in
clause (5) of this article is
punished for any act done under
that clause, the punishment shall,
on the restoration of this
Constitution, be taken to be void
from the time it was imposed and
he shall, from that time, be taken
to be absolved from all
liabilities arising out of the
punishment.
(7) The Supreme Court shall, on
application by or on behalf of a
person who has suffered any
punishment or loss to which clause
(6) of this article relates, award
him adequate compensation, which
shall be charged on the
Consolidated Fund, in respect of
any suffering or loss incurred as
a result of the punishment.
CHAPTER TWO—TERRITORIES OF GHANA
Article 4—Territories of Ghana.
(1) The sovereign State of Ghana
is a unitary republic consisting
of those territories comprised in
the regions which, immediately
before the coming into force of
this Constitution, existed in
Ghana, including the territorial
sea and the air space.
(2) Parliament may by law provide
for the delimitation of the
territorial sea, the contiguous
zone, the exclusive economic zone
and the continental shelf of
Ghana.
Article 5—Creation, Alteration or
Merger of Regions.
(1) Subject to the provisions of
this article, the President may,
by constitutional instrument—
(a) create a new region;
(b) alter the boundaries of a
region; or
(c) provide for the merger of two
or more regions.
(2) If the President, upon a
petition being presented to him
and, on the advice of the Council
of State, is satisfied that there
is a substantial demand for—
(a) the creation of a new region;
(b) the alteration of the
boundaries of a region, whether or
not the alteration involves the
creation of a new region; or
(c) the merger of any two or more
regions;
he shall, acting in accordance
with the advice of the Council of
State, appoint a commission of
inquiry to inquire into the demand
and to make recommendations on all
the factors involved in the
creation, alteration or merger.
(3) If, notwithstanding that a
petition has not been presented to
him, the President is, on the
advice of the Council of State,
satisfied that the need has arisen
for taking any of the steps
referred to in paragraphs (a), (b)
and (c) of clause (1) of this
article, he may, acting in
accordance with the advice of the
Council of State, appoint a
commission of inquiry to inquire
into the need and to make
recommendations on all the factors
involved in the creation,
alteration or merger.
(4) Where a commission of inquiry
appointed under clause (2) or (3)
of this article finds that there
is the need and a substantial
demand for the creation,
alteration or merger referred to
in either of those clauses, it
shall recommend to the President
that a referendum be held,
specifying the issues to be
determined by the referendum and
the places where the referendum
should be held.
(5) The President shall refer the
recommendations to the Electoral
Commission, and the referendum
shall be held in a manner
prescribed by the Electoral
Commission.
(6) An issue referred for
determination by referendum under
clauses (4) and (5) shall not be
taken to be determined by the
referendum unless at least fifty
per cent of the persons entitled
to vote cast their votes at the
referendum, and of the votes cast
at least eighty per cent were cast
in favour of that issue.
(7) Where a referendum involves
the merger of two or more regions,
the issue shall not be taken to be
determined unless at least sixty
per cent of the persons entitled
to vote at the referendum in each
such region voted in favour of the
merger of the two or more regions;
and accordingly, clause (6) of
this article shall not apply to
the referendum.
(8) The President shall, under
clause (1) of this article, and
acting in accordance with the
results of the referendum held
under clauses (4) and (5) of this
article, issue a constitutional
instrument giving effect, or
enabling effect to be given, to
the results.
CHAPTER THREE—CITIZENSHIP
Article 6—Citizenship of Ghana.
(1) Every person who, on the
coming into force of this
Constitution, is a citizen of
Ghana by law shall continue to be
a citizen of Ghana.
(2) Subject to the provisions of
this Constitution, a person born
in or outside Ghana after the
coming into force of this
Constitution, shall become a
citizen of Ghana at the date of
his birth if either of his parents
or grandparents is or was a
citizen of Ghana.
(3) A child of not more than seven
years of age found in Ghana whose
parents are not known shall be
presumed to be a citizen of Ghana
by birth.
(4) A child of not more than
sixteen years of age neither of
whose parents is a citizen of
Ghana who is adopted by a citizen
of Ghana shall, by virtue of the
adoption, be a citizen of Ghana.
Article 7—Persons Entitled to be
Registered as Citizens.
(1) A woman married to a man who
is a citizen of Ghana or a man
married to a woman who is a
citizen of Ghana may, upon making
an application in the manner
prescribed by Parliament, be
registered as a citizen of Ghana.
(2) Clause (1) of this article
applies also to a person who was
married to a person who, but for
his or her death, would have
continued to be a citizen of Ghana
under clause (1) of article 6 of
this Constitution.
(3) Where the marriage of a woman
is annulled after she has been
registered as a citizen of Ghana
under clause (1) of this article,
she shall, unless she renounces
that citizenship, continue to be a
citizen of Ghana.
(4) Any child of a marriage of a
woman registered as a citizen of
Ghana under clause (1) of this
article to which clause (3) of
this article applies, shall
continue to be a citizen of Ghana
unless he renounces that
citizenship.
(5) Where upon an application by a
man for registration under clause
(1) of this article, it appears to
the authority responsible for the
registration that a marriage has
been entered into primarily with a
view to obtaining the
registration, the authority may
request the applicant to satisfy
him that the marriage was entered
into in good faith; and the
authority may only effect the
registration upon being so
satisfied.
(6) In the case of a man seeking
registration, clause (1) of this
article applies only if the
applicant permanently resides in
Ghana.
Article 8—Dual Citizenship.
(1) A citizen of Ghana may hold
the citizenship of any other
country in addition to his
citizenship of Ghana.
(2) Without prejudice to article
94 (2) (a) of the Constitution, no
citizen of Ghana shall qualify to
be appointed as a holder of any
office specified in this clause if
he holds the citizenship of any
other country in addition to his
citizenship of Ghana—
(a) Ambassador or High
Commissioner;
(b) Secretary to the Cabinet;
(c) Chief of Defence Staff or any
Service Chief;
(d) Inspector-General of Police;
(e) Commissioner, Customs, Excise
and Preventive Service:
(f) Director of Immigration
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.[As substituted by the
Constitution of the Republic of
Ghana (Amendment) Act, 1996 (Act
527), s.1]
Article 9—Citizenship Laws by
Parliament.
(1) Parliament may make provision
for the acquisition of citizenship
of Ghana by persons who are not
eligible to become citizens of
Ghana under the provisions of this
Constitution.
(2) Except as otherwise provided
in article 7 of this Constitution,
a person shall not be registered
as a citizen of Ghana unless at
the time of his application for
registration he is able to speak
and understand an indigenous
language of Ghana.
(3) The High Court may, on an
application made for the purpose
by the Attorney-General, deprive a
person who is a citizen of Ghana,
otherwise than by birth, of that
citizenship on the ground—
(a) that the activities of that
person are inimical to the
security of the State or
prejudicial to public morality or
the public interest; or
(b) that the citizenship was
acquired by fraud,
misrepresentation or any other
improper or irregular practice.
(4) There shall be published in
the Gazette by the appropriate
authority and within three months
after the application or the
registration, as the case may be,
the name, particulars and other
details of a person who, under
this article applies to be
registered as a citizen of Ghana
or has been registered as a
citizen of Ghana.
(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.[As substituted by the
Constitution of the Republic of
Ghana (Amendment) Act, 1996 (Act
527), s.2]
Article 10—Interpretation.
(1) A reference in this Chapter to
the citizenship of the parent of a
person at the time of the birth of
that person shall, in relation to
a person born after the death of
the parent, be construed as a
reference to the citizenship of
the parent at the time of the
parent's death.
(2) For the purposes of clause (1)
of this article, where the death
occurred before the coming into
force of this Constitution, the
citizenship that the parent would
have had if he or she had died on
the coming into force of this
Constitution shall be deemed to be
his or her citizenship at the time
of his or her death.
CHAPTER FOUR—THE LAWS OF GHANA
Article 11—The Laws of Ghana.
(1) The laws of Ghana shall
comprise—
(a) this Constitution;
(b) enactments made by or under
the authority of the Parliament
established by this Constitution;
(c) any Orders, Rules and
Regulations made by any person or
authority under a power conferred
by this Constitution;
(d) the existing law; and
(e) the common law.
(2) The common law of Ghana shall
comprise the rules of law
generally known as the common law,
the rules generally known as the
doctrines of equity and the rules
of customary law including those
determined by the Superior Court
of Judicature.
(3) For the purposes of this
article, "customary law" means the
rules of law which by custom are
applicable to particular
communities in Ghana.
(4) The existing law shall, except
as otherwise provided in clause
(1) of this article, comprise the
written and unwritten laws of
Ghana as they existed immediately
before the coming into force of
this Constitution, and any Act,
Decree, Law or statutory
instrument issued or made before
that date, which is to come into
force on or after that date.
(5) Subject to the provisions of
this Constitution, the existing
law shall not be affected by the
coming into force of this
Constitution.
(6) The existing law shall be
construed with any modifications,
adaptations, qualifications and
exceptions necessary to bring it
into conformity with the
provisions of this Constitution,
or otherwise to give effect to, or
enable effect to be given to, any
changes effected by this
Constitution.
(7) Any Order, Rule or Regulation
made by a person or authority
under a power conferred by this
Constitution or any other law
shall—
(a) be laid before Parliament;
(b) be published in the Gazette on
the day it is laid before
Parliament; and
(c) come into force at the
expiration of twenty-one sitting
days after being so laid unless
Parliament, before the expiration
of the twenty-one days, annuls the
Order, Rule or Regulation by the
votes of not less than two-thirds
of all the members of Parliament.
CHAPTER FIVE—FUNDAMENTAL HUMAN
RIGHTS AND FREEDOMS
General
Article 12—Protection of
Fundamental Human Rights and
Freedoms.
(1) The fundamental human rights
and freedoms enshrined in this
Chapter shall be respected and
upheld by the Executive,
Legislature and Judiciary and all
other organs of government and its
agencies and, where applicable to
them, by all natural and legal
persons in Ghana, and shall be
enforceable by the courts as
provided for in this Constitution.
(2) Every person in Ghana,
whatever his race, place of
origin, political opinion, colour,
religion, creed or gender shall be
entitled to the fundamental human
rights and freedoms of the
individual contained in this
Chapter but subject to respect for
the rights and freedoms of others
and for the public interest.
Article 13—Protection of Right to
Life.
(1) No person shall be deprived of
his life intentionally except in
the exercise of the execution of a
sentence of a court in respect of
a criminal offence under the laws
of Ghana of which he has been
convicted.
(2) A person shall not be held to
have deprived another person of
his life in contravention of
clause (1) of this article if that
other person dies as the result of
a lawful act of war or if that
other person dies as the result of
the use of force to such an extent
as is reasonably justifiable in
the particular circumstances—
(a) for the defence of any person
from violence or for the defence
of property; or
(b) in order to effect a lawful
arrest or to prevent the escape of
a person lawfully detained; or
(c) for the purposes of
suppressing a riot, insurrection
or mutiny; or
(d) in order to prevent the
commission of a crime by that
person.
Article 14—Protection of Personal
Liberty.
(1) Every person shall be entitled
to his personal liberty and no
person shall be deprived of his
personal liberty except in the
following cases and in accordance
with procedure permitted by law—
(a) in execution of a sentence or
order of a court in respect of a
criminal offence of which he has
been convicted; or
(b) in execution of an order of a
court punishing him for contempt
of court; or
(c) for the purpose of bringing
him before a court in execution of
an order of a court; or
(d) in the case of a person
suffering from an infectious or
contagious disease, a person of
unsound mind, a person addicted to
drugs or alcohol or a vagrant, for
the purpose of his care or
treatment or the protection of the
community; or
(e) for the purpose of the
education or welfare of a person
who has not attained the age of
eighteen years; or
(f) for the purpose of preventing
the unlawful entry of that person
into Ghana, or of effecting the
expulsion, extradition or other
lawful removal of that person from
Ghana or for the purpose of
restricting that person while he
is being lawfully conveyed through
Ghana in the course of his
extradition or removal from one
country to another; or
(g) upon reasonable suspicion of
his having committed or being
about to commit a criminal offence
under the laws of Ghana.
(2) A person who is arrested,
restricted or detained shall be
informed immediately, in a
language that he understands, of
the reasons for his arrest,
restriction or detention and of
his right to a lawyer of his
choice.
(3) A person who is arrested,
restricted or detained—
(a) for the purpose of bringing
him before a court in execution of
an order of a court; or
(b) upon reasonable suspicion of
his having committed or being
about to commit a criminal offence
under the laws of Ghana, and who
is not released,
shall be brought before a court
within forty-eight hours after the
arrest, restriction or detention.
(4) Where a person arrested,
restricted or detained under
paragraph (a) or (b) of clause (3)
of this article is not tried
within a reasonable time, then,
without prejudice to any further
proceedings that may be brought
against him, he shall be released
either unconditionally or upon
reasonable conditions, including
in particular, conditions
reasonably necessary to ensure
that he appears at a later date
for trial or for proceedings
preliminary to trial.
(5) A person who is unlawfully
arrested, restricted or detained
by any other person shall be
entitled to compensation from that
other person.
(6) Where a person is convicted
and sentenced to a term of
imprisonment for an offence, any
period he has spent in lawful
custody in respect of that offence
before the completion of his trial
shall be taken into account in
imposing the term of imprisonment.
(7) Where a person who has served
the whole or a part of his
sentence is acquitted on appeal by
a court, other than the Supreme
Court, the court may certify to
the Supreme Court that the person
acquitted be paid compensation;
and the Supreme Court may, upon
examination of all the facts and
the certificate of the court
concerned, award such compensation
as it may think fit; or, where the
acquittal is by the Supreme Court,
it may order compensation to be
paid to the person acquitted.
Article 15—Respect for Human
Dignity.
(1) The dignity of all persons
shall be inviolable.
(2) No person shall, whether or
not he is arrested, restricted or
detained, be subjected to—
(a) torture or other cruel,
inhuman or degrading treatment or
punishment;
(b) any other condition that
detracts or is likely to detract
from his dignity and worth as a
human being.
(3) A person who has not been
convicted of a criminal offence
shall not be treated as a
convicted person and shall be kept
separately from convicted persons.
(4) A juvenile offender who is
kept in lawful custody or
detention shall be kept separately
from an adult offender.
Article 16—Protection from Slavery
and Forced Labour.
(1) No person shall be held in
slavery or servitude.
(2) No person shall be required to
perform forced labour.
(3) For the purposes of this
article, "forced labour" does not
include—
(a) any labour required as a
result of a sentence or order of a
court; or
(b) any labour required of a
member of a disciplined force or
service as his duties or, in the
case of a person who has
conscientious objections to a
service as a member of the Armed
Forces of Ghana, any labour which
that person is required by law to
perform in place of such service;
or
(c) any labour required during any
period when Ghana is at war or in
the event of an emergency or
calamity that threatens the life
and well-being of the community,
to the extent that the requirement
of such labour is reasonably
justifiable in the circumstances
of any situation arising or
existing during that period for
the purposes of dealing with the
situation; or
(d) any labour reasonably required
as part of normal communal or
other civic obligations.
Article 17—Equality and Freedom
from Discrimination.
(1) All persons shall be equal
before the law.
(2) A person shall not be
discriminated against on grounds
of gender, race, colour, ethnic
origin, religion, creed or social
or economic status.
(3) For the purposes of this
article, "discriminate" means to
give different treatment to
different persons attributable
only or mainly to their respective
descriptions by race, place of
origin, political opinions,
colour, gender, occupation,
religion or creed, whereby persons
of one description are subjected
to disabilities or restrictions to
which persons of another
description are not made subject
or are granted privileges or
advantages which are not granted
to persons of another description.
(4) Nothing in this article shall
prevent Parliament from enacting
laws that are reasonably necessary
to provide—
(a) for the implementation of
policies and programmes aimed at
redressing social, economic or
educational imbalance in the
Ghanaian society;
(b) for matters relating to
adoption, marriage, divorce,
burial, devolution of property on
death or other matters of personal
law;
(c) for the imposition of
restrictions on the acquisition of
land by persons who are not
citizens of Ghana or on the
political and economic activities
of such persons and for other
matters relating to such persons;
or
(d) for making different provision
for different communities having
regard to their special
circumstances not being provision
which is inconsistent with the
spirit of this Constitution.
(5) Nothing shall be taken to be
inconsistent with this article
which is allowed to be done under
any provision of this Chapter.
Article 18—Protection of Privacy
of Home and Other Property.
(1) Every person has the right to
own property either alone or in
association with others.
Article 20—Protection from
Deprivation of Property.
(1) No property of any
description, or interest in or
right over any property shall be
compulsorily taken possession of
or acquired by the State unless
the following conditions are
satisfied—
(a) the taking of possession or
acquisition is necessary in the
interest of defence, public
safety, public order, public
morality, public health, town and
country planning or the
development or utilization of
property in such a manner as to
promote the public benefit; and
(b) the necessity for the
acquisition is clearly stated and
is such as to provide reasonable
justification for causing any
hardship that may result to any
person who has an interest in or
right over the property.
(2) Compulsory acquisition of
property by the State shall only
be made under a law which makes
provision for—
(a) the prompt payment of fair and
adequate compensation; and
(b) a right of access to the High
Court by any person who has an
interest in or right over the
property whether direct or on
appeal from any other authority
for the determination of his
interest or right and the amount
of compensation to which he is
entitled.
(3) Where a compulsory acquisition
or possession of land effected by
the State in accordance with
clause (1) of this article
involves displacement or any
inhabitants, the state shall
resettle the displaced inhabitants
on suitable alternative land with
due regard for their economic
well-being and social and cultural
values.
(4) Nothing in this article shall
be construed as affecting the
operation of any general law so
far as it provides for the taking
of possession or acquisition of
property—
(a) by way of vesting or
administration of trust property,
enemy property or the property of
persons adjudged or otherwise
declared bankrupt or insolvent,
persons of unsound mind, deceased
persons or bodies corporate or
unincorporated in the course of
being wound up; or
(b) in the execution of a
judgement or order of a court; or
(c) by reason of its being in a
dangerous state or injurious to
the health of human beings,
animals or plants; or
(d) in consequence of any law with
respect to the limitation of
actions; or
(e) for so long only as may be
necessary for the purpose of any
examination, investigation, trial
or inquiry; or
(f) for so long as may be
necessary for the carrying out of
work on any land for the purpose
of the provision of public
facilities or utilities, except
that where any damage results from
any such work there shall be paid
appropriate compensation.
(5) Any property compulsorily
taken possession of or acquired in
the public interest or for a
public purpose shall be used only
in the public interest or for the
public purpose for which it was
acquired.
(6) Where the property is not used
in the public interest or for the
purpose for which it was acquired,
the owner of the property
immediately before the compulsory
acquisition, shall be given the
first option for acquiring the
property and shall, on such
reacquisition refund the whole or
part of the compensation paid to
him as provided for by law or such
other amount as is commensurate
with the value of property at the
time of the reacquisition.
Article 21—General Fundamental
Freedoms.
(1) All persons shall have the
right to—
(a) freedom of speech and
expression, which shall include
freedom of the press and other
media;
(b) freedom of thought, conscience
and belief, which shall include
academic freedom;
(c) freedom to practise any
religion and to manifest such
practice;
(d) freedom of assembly including
freedom to take part in
processions and demonstrations;
(e) freedom of association, which
shall include freedom to form or
join trade unions or other
associations, national and
international, for the protection
of their interest;
(f) information, subject to such
qualifications and laws as are
necessary in a democratic society;
(g) freedom of movement which
means the right to move freely in
Ghana, the right to leave and to
enter Ghana and immunity form
expulsion from Ghana.
(2) A restriction on a person's
freedom of movement by his lawful
detention shall not be held to be
inconsistent with or in
contravention of this article.
(3) All citizens shall have the
right and freedom to form or join
political parties and to
participate in political
activities subject to such
qualifications and laws as are
necessary in a free and democratic
society and are consistent with
this Constitution.
(4) Nothing in, or done under the
authority of, a law shall be held
to be inconsistent with, or in
contravention of, this article to
the extent that the law in
question makes provision—
(a) for the imposition of
restrictions by order of a court,
that are required in the interest
of defence, public safety or
public order, on the movement or
residence within Ghana of any
person; or
(b) for the imposition of
restrictions, by order of a court,
on the movement or residence
within Ghana of any person either
as a result of his having been
found guilty of a criminal offence
under the laws of Ghana or for the
purposes of ensuring that he
appears before a court at a later
date for trial for a criminal
offence or for proceedings
relating to his extradition or
lawful removal from Ghana; or
(c) for the imposition or
restrictions that are reasonably
required in the interest of
defence, public safety, public
health or the running of essential
services, on the movement or
residence within Ghana of any
person or persons generally, or
any class of persons; or
(d) for the imposition of
restrictions on the freedom of
entry into Ghana, or of movement
in Ghana; of a person who is not a
citizen of Ghana; or
(e) that is reasonably required
for the purpose of safeguarding
the people of Ghana against the
teaching or propagation of a
doctrine which exhibits or
encourages disrespect for the
nationhood of Ghana, the national
symbols and emblems, or incites
hatred against other members of
the community;
except so far as that provision
or, as the case may be, the thing
done under the authority of that
law is shown not to be reasonably
justifiable in terms of the spirit
of this Constitution.
(5) Whenever a person, whose
freedom of movement has been
restricted by the order of a court
under paragraph (a) of clause (4)
of this article, requests at any
time during the period of that
restriction not earlier than seven
days after the order was made, or
three months after he last made
such request, as the case may be,
his case shall be reviewed by that
court.
(6) On a review by a court under
clause (5) of this article, the
court may, subject to the right of
appeal from its decision, make
such order for the continuation or
termination of the restriction as
it considers necessary or
expedient.
Article 22—Property Rights of
Spouses.
(1) A spouse shall not be deprived
of a reasonable provision out of
the estate of a spouse whether or
not the spouse died having made a
will.
(2) Parliament shall, as soon as
practicable after the coming into
force of this Constitution, enact
legislation regulating the
property rights of spouses.
(3) With a view to achieving the
full realisation of the rights
referred to in clause (2) of this
article—
(a) spouses shall have equal
access to property jointly
acquired during marriage;
(b) assets which are jointly
acquired during marriage shall be
distributed equitably between the
spouses upon dissolution of the
marriage.
Article 23—Administrative Justice.
Administrative bodies and
administrative officials shall act
fairly and reasonably and comply
with the requirements imposed on
them by law and persons aggrieved
by the exercise of such acts and
decisions shall have the right to
seek redress before a court or
other tribunal.
Article 24—Economic Right.
(1) Every person has the right to
work under satisfactory, safe and
healthy conditions, and shall
receive equal pay for equal work
without distinction of any kind.
(2) Every worker shall be assured
of rest, leisure and reasonable
limitation of working hours and
periods of holidays with pay, as
well as remuneration for public
holidays.
(3) Every worker has a right to
form or join a trade union of his
choice for the promotion and
protection of his economic and
social interests.
(4) Restrictions shall not be
placed on the exercise of the
right conferred by clause (3) of
this article except restrictions
prescribed by law and reasonably
necessary in the interest of
national security or public order
or for the protection of the
rights and freedoms of others.
Article 25—Educational Rights.
(1) All persons shall have the
right to equal educational
opportunities and facilities and
with a view to achieving the full
realisation of that right—
(a) basic education shall be free,
compulsory and available to all;
(b) secondary education in its
different forms, including
technical and vocational
education, shall be made generally
available and accessible to all by
every appropriate means, and in
particular, by the progressive
introduction of free education;
(c) higher education shall be made
equally accessible to all, on the
basis of capacity, by every
appropriate means, and in
particular, by progressive
introduction of free education;
(d) functional literacy shall be
encouraged or intensified as far
as possible;
(e) the development of a system of
schools with adequate facilities
at all levels shall be actively
pursued.
(2) Every person shall have the
right, at this own expense, to
establish and maintain a private
school or schools at all levels
and of such categories and in
accordance with such conditions as
may be provided by law.
Article 26—Cultural Rights and
Practices.
(1) Every person is entitled to
enjoy, practise, profess, maintain
and promote any culture, language,
tradition or religion subject to
the provisions of this
Constitution.
(2) All customary practices which
dehumanise or are injurious to the
physical and mental well-being of
a person are prohibited.
Article 27—Women's Rights.
(1) Special care shall be accorded
to mothers during a reasonable
period before and after
child-birth; and during those
periods, working mothers shall be
accorded paid leave.
(2) Facilities shall be provided
for the care of children below
school-going age to enable women,
who have the traditional care for
children, realise their full
potential.
(3) Women shall be guaranteed
equal rights to training and
promotion without any impediments
from any person.
Article 28—Children's Rights.
(1) Parliament shall enact such
laws as are necessary to ensure
that—
(a) every child has the right to
the same measure of special care,
assistance and maintenance as is
necessary for its development from
its natural parents, except where
those parents have effectively
surrendered their rights and
responsibilities in respect of the
child in accordance with law;
(b) every child, whether or not
born in wedlock, shall be entitled
to reasonable provision out of the
estate of its parents;
(c) parents undertake their
natural right and obligation of
care, maintenance and upbringing
of their children in co-operation
with such institutions as
Parliament may, by law, prescribe
in such manner that in all cases
the interests of the children are
paramount;
(d) children and young persons
receive special protection against
exposure to physical and moral
hazards; and
(e) the protection and advancement
of the family as the unit of
society are safeguard in promotion
of the interest of children.
(2) Every child has the right to
be protected from engaging in work
that constitutes a threat to his
health, education or development.
(3) A child shall not be subjected
to torture or other cruel, inhuman
or degrading treatment or
punishment.
(4) No child shall be deprived by
any other person of medical
treatment, education or any other
social or economic benefit by
reason only of religious or other
beliefs.
(5) for the purposes of this
article, "child" means a person
below the age of eighteen years.
Article 29—Rights of Disabled
Persons.
(1) Disabled persons have the
right to live with their families
or with foster parents and to
participate in social creative or
recreational activities.
(2) A disabled person shall not be
subjected to differential
treatment in respect of his
residence other than that required
by his condition or by the
improvement which he may derive
from the treatment.
(3) If the stay of a disabled
person in a specialized
establishment is indispensable,
the environment and living
conditions there shall be as close
as possible to those of the normal
life of a person of his age.
(4) Disabled persons shall be
protected against all
exploitation, all regulations and
all treatment of a discriminatory,
abusive or degrading nature.
(5) In any judicial proceedings in
which a disabled person is a party
the legal procedure applied shall
take his physical and mental
condition into account.
(6) As far as practicable, every
place to which the public has
access shall have appropriate
facilities for disabled persons.
(7) Special incentives shall be
given to disabled persons engaged
in business and also to business
organisations that employ in
business and also to business
organisations that employ disabled
persons in significant numbers.
(8) Parliament shall enact such
laws as are necessary to ensure
the enforcement of the provisions
of this article.
Article 30—Rights of the Sick.
A
person who by reason of sickness
or any other cause is unable to
give his consent shall not be
deprived by any other person of
medical treatment, education or
any other social or economic
benefit by reason only of
religious or other beliefs.
Emergency Powers.
Article 31—Emergency Powers.
(1) The President may, acting in
accordance with the advice of the
Council of State, by Proclamation
published in the Gazette, declare
that a state of emergency exists
in Ghana or in any part of Ghana
for the purposes of the provisions
of this Constitution.
(2) Notwithstanding any other
provision of this article, where a
proclamation is published under
clause (1) of this article, the
President shall place immediately
before Parliament, the facts and
circumstances leading to the
declaration of the state of
emergency.
(3) Parliament shall, within
seventy-two hours after being so
notified, decide whether the
proclamation should remain in
force or should be revoked; and
the President shall act in
accordance with the decision of
Parliament.
(4) A declaration of a state of
emergency shall cease to have
effect at the expiration of a
period of seven days beginning
with the date of publication of
the declaration, unless, before
the expiration of that period, it
is approved by a resolution passed
for that purpose by a majority of
all the members of Parliament.
(5) Subject to clause (7) of this
article, a declaration of a state
of emergency approved by a
resolution of Parliament under
clause (4) of this article shall
continue in force until the
expiration of a period of three
months beginning with the date of
its being so approved or until
such earlier date as may be
specified in the resolution.
(6) Parliament may, by resolution
passed by a majority of all
members of Parliament, extend its
approval of the declaration for
periods of not more than one month
at a time.
(7) Parliament may, by a
resolution passed by a majority of
all the members of Parliament, at
any time, revoke a declaration of
a state of emergency approved by
parliament under this article.
(8) For the avoidance of doubt, it
is hereby declared that the
provisions of any enactment, other
than an Act of Parliament, dealing
with a state of emergency declared
under clause (1) of this article
shall apply only to that part of
Ghana where the emergency exists.
(9) The circumstances under which
a state of emergency may be
declared under his article include
a natural disaster and any
situation in which any action is
taken or is immediately threatened
to be taken by any person or body
of persons which—
(a) is calculated or likely to
deprive the community of the
essentials of life; or
(b) renders necessary the taking
of measures which are required for
securing the public safety, the
defence of Ghana and the
maintenance of public order and of
supplies and services essential to
the life of the community.
(10) Nothing in, or done under the
authority of, an Act of Parliament
shall be held to be inconsistent
with, or in contravention of,
articles 12 to 30 of this
Constitution to the extent that
the Act in question authorises the
taking, during any period when a
state of emergency is in force, of
measures that are reasonably
justifiable for the purposes of
dealing with the situation that
exists during that period.
Article 32—Persons Detained Under
Emergency Laws.
(1) Where a person is restricted
or detained by virtue of a law
made pursuant to a declaration of
a state of emergency, the
following provisions shall apply—
(a) he shall as soon as
practicable, and in any case not
later than twenty-four hours after
the commencement of the
restriction or detention, be
furnished with a statement in
writing specifying in detail the
grounds upon which he is
restricted or detained and the
statement shall be read or
interpreted to the person
restricted or detained;
(b) the spouse, parent, child or
other available next of kin of the
person restricted or detained
shall be informed of the detention
or restriction within twenty-four
hours after the commencement of
the detention or restriction and
be permitted access to the person
at the earliest practicable
opportunity, and in any case
within twenty-four hours after the
commencement of the restriction or
detention;
(c) not more than ten days after
the commencement of his
restriction or detention, a
notification shall be published in
the Gazette and in the media
stating that he has been
restricted or detained and giving
particulars of the provision of
law under which his restriction or
detention is authorised and the
grounds of his restriction or
detention;
(d) not more than ten days after
commencement of his restriction or
detention, and after that, during
his restriction or detention, at
intervals of not more than three
months, his case shall be reviewed
by a tribunal composed of not less
than three Justices of the
Superior Court of judicature
appointed by the Chief Justice;
except that the same tribunal
shall not review more than once
the case of a person restricted or
detained;
(e) he shall be afforded every
possible facility to consult a
lawyer of his choice who shall be
permitted to make representations
to the tribunal appointed for the
review of the case of the
restricted or detained person;
(f) at the hearing of his case, he
shall be permitted to appear in
person or by a lawyer of his
choice.
(2) On a review by a tribunal of
the case of a restricted or
detained person, the tribunal may
order the release of the person
and the payment to him of adequate
compensation or uphold the grounds
of his restriction or detention;
and the authority by which the
restriction or detention was
ordered shall act accordingly.
(3) In every month in which there
is a sitting of Parliament, a
Minister of State authorised by
the President, shall make a report
to Parliament of the number of
persons restricted or detained by
virtue of such a law as is
referred to in clause (10) of
article 31 of this Constitution
and the number of cases in which
the authority that ordered the
restriction or detention has acted
in accordance with the decisions
of the tribunal appointed under
this article.
(4) Notwithstanding clause (3) of
this article, the Minister
referred to in that clause shall
publish every month in the Gazette
and in the media—
(a) the number and the names and
addresses of the persons
restricted or detained;
(b) the number of cases reviewed
by the tribunal; and
(c) the number of cases in which
the authority which ordered the
restriction or detention has acted
in accordance with the decisions
of the tribunal appointed under
this article.
(5) For the avoidance of doubt, it
is hereby declared that at the end
of an emergency declared under
clause (10) of article 31 of this
Constitution, a person in
restriction or detention or in
custody as a result of the
declaration of the emergency shall
be released immediately.
Protection of Rights by the
Courts.
Article 33—Protection of Rights by
the Courts.
(1) Where a person alleges that a
provision of this Constitution on
the fundamental human rights and
freedoms has been, or is being or
is likely to be contravened in
relation to him, then, without
prejudice to any other action that
is lawfully available that person
may apply to the High Court for
redress.
(2) The High Court may, under
Clause (1) of this article, issue
such directions or orders or writs
including writs or orders in the
nature of habeas corpus,
certiorari, mandamus, prohibition
and quo warranto as it may
consider appropriate for the
purposes of enforcing or securing
the enforcement of any of the
provisions on the fundamental
human rights and freedoms to the
protection of which the person
concerned is entitled.
(3) A person aggrieved by a
determination of the High Court
may appeal to the Court of Appeal
with the right of a further appeal
to the Supreme Court.
(4) The Rules of Court Committee
may make rules of court with
respect to the practice and
procedure of the Superior Courts
for the purposes of this article.
(5) The rights, duties,
declarations and guarantees
relating to the fundamental human
rights and freedoms specifically
mentioned in this Chapter shall
not be regarded as excluding
others not specifically mentioned
which are considered to be
inherent in a democracy and
intended to secure the freedom and
dignity of man.
CHAPTER SIX—THE DIRECTIVE
PRINCIPLES OF STATE POLICY
Article 34—Implementation of
Directive Principles.
(1) The Directive Principles of
State Policy contained in this
Chapter shall guide all citizens,
Parliament, the President, the
Judiciary, the Council of State,
the Cabinet, Political Parties and
other bodies and persons in
applying or interpreting this
Constitution or any other law and
in taking and implementing any
policy decisions, for the
establishment of a just and free
society.
(2) The President shall report to
Parliament at least once a year
all the steps taken to ensure the
realization of the policy
objectives contained in this
Chapter; and, in particular, the
realization of basic human rights,
a healthy economy, the right to
work, the right to good health
care and the right to education.
Article 35—Political Objective.
(1) Ghana shall be a democratic
state dedicated to the realization
of freedom and justice; and
accordingly, sovereignty resides
in the people of Ghana from whom
Government derives all its powers
and authority through this
Constitution.
(2) The State shall protect and
safeguard the independence, unity
and territorial integrity of
Ghana, and shall seek the
well-being of all her citizens.
(3) The State shall promote just
and reasonable access by all
citizens to public facilities and
services in accordance with law.
(4) The State shall cultivate
among all Ghanaians respect for
fundamental human rights and
freedoms and the dignity of the
human person.
(5) The State shall actively
promote the integration of the
peoples of Ghana and prohibit
discrimination and prejudice on
the grounds of place of origin,
circumstances of birth, ethnic
origin, gender or religion, creed
or other beliefs.
(6) Towards the achievement of the
objectives stated in clause (5) of
this article, the State shall take
appropriate measures to—
(a) foster a spirit of loyalty to
Ghana that overrides sectional,
ethnic and other loyalties;
(b) achieve reasonable regional
and gender balance in recruitment
and appointment to public offices;
(c) provide adequate facilities
for, and encourage, free mobility
of people, goods and services
throughout Ghana;
(d) make democracy a reality by
decentralizing the administrative
and financial machinery of
government to the regions and
districts and by affording all
possible opportunities to the
people to participate in
decision-making at every level in
national life and in government;
and
(e) ensure that whenever
practicable, the headquarters of a
Government or public institution
offering any service is situated
in an area within any region,
taking into account the resources
and potentials of the region and
the area.
(7) As far as practicable, a
government shall continue and
execute projects and programmes
commenced by the previous
Government.
(8) The state shall take steps to
eradicate corrupt practices and
the abuse of power.
(9) The state shall promote among
the people of Ghana the culture of
political tolerance.
Article 36—Economic Objectives.
(1) The State shall take all
necessary action to ensure that
the national economy is managed in
such a manner as to maximum
welfare, freedom and happiness of
every person in Ghana and to
provide adequate means of
livelihood and suitable employment
and public assistance to the
needy.
(2) The State shall, in
particular, take all necessary
steps to establish a sound and
healthy economy whose underlying
principles shall include—
(a) the guarantee of a fair and
realistic remuneration for
production and productivity in
order to encourage continued
production and higher
productivity;
(b) affording ample opportunity
for individual initiative and
creativity in economic activities
and fostering an enabling
environment for a pronounced role
of the private sector in the
economy;
(c) ensuring that individuals and
the private sector bear their fair
share of social and national
responsibilities including
responsibilities to contribute to
the overall development of the
country;
(d) undertaking even and balanced
development of all regions and
every part of each region of
Ghana, and, in particular,
improving the conditions of life
in the rural areas, and generally,
redressing any imbalance in
development between the rural and
the urban areas;
(e) the recognition that the most
secure democracy is the one that
assures the basic necessities of
life for its people as a
fundamental duty.
(3) The state shall take
appropriate measures to promote
the development of agriculture and
industry.
(4) Foreign investments shall be
encouraged within Ghana, subject
to any law for the time being in
force regulating investment in
Ghana.
(5) For the purposes of the
foregoing clauses of this article,
within two years after assuming
office, the President shall
present to Parliament a
co-ordinated programme of economic
and social development policies,
including agricultural and
industrial programmes at all
levels and in all the regions of
Ghana.
(6) The State shall afford
equality of economic opportunity
to all citizens; and, in
particular, the State shall take
all necessary steps so as to
ensure the full integration of
women into the mainstream of the
economic development of Ghana.
(7) The State shall guarantee the
ownership of property and the
right of inheritance.
(8) The State shall recognise that
ownership and possession of land
carry a social obligation to serve
the larger community and, in
particular, the State shall
recognise that the managers of
public, stool, skin and family
lands are fiduciaries charged with
the obligation to discharge their
functions for the benefit
respectively of the people of
Ghana, of the stool, skin, or
family concerned and are
accountable as fiduciaries in this
regard.
(9) The State shall take
appropriate measures needed to
protect and safeguard the national
environment for prosperity; and
shall seek co-operation with other
states and bodies for purposes of
protecting the wider international
environment for mankind.
(10) The State shall safeguard the
health, safety and welfare of all
persons in employment, and shall
establish the basis for the full
deployment of the creative
potential of all Ghanaians.
(11) The State shall encourage the
participation of workers in the
decision-making process at the
work place.
Article 37—Social Objectives.
(1) The State shall endeavour to
secure and protect a social order
founded on the ideals and
principles of freedom, equality,
justice, probity and
accountability as enshrined in
Chapter 5 of this Constitution;
and in particular, the State shall
direct its policy towards ensuring
that every citizen has equality of
rights, obligations and
opportunities before the law.
2) The State shall enact
appropriate laws to assure—
(a) the enjoyment of rights of
effective participation in
development processes including
rights of people to form their own
associations free from state
interference and to use them to
promote and protect their
interests in relation to
development processes, rights of
access to agencies and officials
of the State necessary in order to
realise effective participation in
development processes; freedom to
form organizations to engage in
self-help and income generating
projects; and freedom to raise
funds to support those activities;
(b) the protection and promotion
of all other basic human rights
and freedoms, including the rights
of the disabled, the aged,
children and other vulnerable
groups in development processes.
(3) In the discharge of the
obligations stated in clause (2)
of this article, the State shall
be guided by international human
rights instruments which recognize
and apply particular categories of
basic human rights to development
processes.
(4) The State shall maintain a
population policy consistent with
the aspirations and development
needs and objectives of Ghana.
(5) The State shall ensure that
adequate facilities for sports are
provided throughout Ghana and that
sports are promoted as a means of
fostering national integration,
health and self-discipline as well
as international friendship and
understanding.
(6) The State shall—
(a) ensure that contributory
schemes are instituted and
maintained that will guarantee
economic security for
self-employed and other citizens
of Ghana; and
(b) provide social assistance to
the aged such as will enable them
to maintain a decent standard of
living.
Article 38—Educational Objectives.
(1) The State shall provide
educational facilities at all
levels and in all the Regions of
Ghana, and shall, to the greatest
extent feasible, make those
facilities available to all
citizens.
(2) The Government shall, within
two years after Parliament first
meets after the coming into force
of this Constitution, draw up a
programme for implementation
within the following ten years,
for the provision of free,
compulsory and universal basic
education.
(3) The State shall, subject to
the availability of resources,
provide—
(a) equal and balanced access to
secondary and other appropriate
pre-university education, equal
access to university or equivalent
education, with emphasis on
science and technology;
(b) a free adult literacy
programme, and a free vocational
training, rehabilitation and
resettlement of disabled persons;
and
(c) life-long education.
Article 39—Cultural Objectives.
(1) Subject to clause (2) of this
article, the State shall take
steps to encourage the integration
of appropriate customary values
into the fabric of national life
through formal and informal
education and the conscious
introduction of cultural
dimensions to relevant aspects of
national planning.
(2) The State shall ensure that
appropriate customary and cultural
values are adapted and developed
as an integral part of the growing
needs of the society as a whole;
and in particular that traditional
practices which are injurious to
the health and well-being of the
person are abolished.
(3) The State shall foster the
development of Ghanaian languages
and pride in Ghanaian culture.
(4) The State shall endeavour to
preserve and protect places of
historical interest and artifacts.
Article 40—International
Relations.
In its dealings with other
nations, the Government shall—
(a) promote and protect the
interests of Ghana;
(b) seek the establishment of a
just and equitable international
economic and social order;
(c) promote respect for
international law, treaty
obligations and the settlement of
international disputes by peaceful
means;
(d) adhere to the principles
enshrined in or as the case may
be, the aims and ideals of—
(i)
the Charter of the United Nations;
(ii) the Charter of the
Organisation of African Unity;
(iii) the Commonwealth;
(iv) the Treaty of the Economic
Community of West African States;
and
(v) any other international
organisation of which Ghana is a
member.
Article 41—Duties of a Citizen.
The exercise and enjoyment of
rights and freedoms is inseparable
from the performance of duties and
obligations, and accordingly, it
shall be the duty of every
citizen—
(a) to promote the prestige and
good name of Ghana and respect the
symbols of the nation;
(b) to uphold and defend this
Constitution and the law;
(c) to foster national unity and
live in harmony with others;
(d) to respect the rights,
freedoms and legitimate interests
of others, and generally to
refrain from doing acts
detrimental to the welfare of
other persons;
(e) to work conscientiously in his
lawfully chosen occupation;
(f) to protect and preserve public
property and expose and combat
misuse and waste of public funds
and property;
(g) to contribute to the
well-being of the community where
that citizen lives;
(h) to defend Ghana and render
national service when necessary;
(i)
to co-operate with lawful agencies
in the maintenance of law and
order;
(j) to declare his income honestly
to the appropriate and lawful
agencies and to satisfy all tax
obligations; and
(k) to protect and safeguard the
environment.
CHAPTER SEVEN—REPRESENTATION OF
THE PEOPLE.
Right to Vote.
Article 42— Right to Vote.
Every citizen of Ghana of eighteen
years of age or above and of sound
mind has the right to vote and is
entitled to be registered as a
voter for the purposes of public
elections and referenda.
Electoral Commission.
Article 43—Electoral Commission.
(1) There shall be an Electoral
Commission which shall consist of—
(a) a Chairman;
(b) two Deputy Chairmen; and
(c) four other members.
(2) The members of the Commission
shall be appointed by the
President under article 70 of this
Constitution.
Article 44—Qualifications, Terms
and Conditions of Service of
Member of Electoral Commission.
(1) A person is not qualified to
be appointed a member of the
Electoral Commission unless he is
qualified to be elected as a
member of Parliament.
(2) The Chairman of the Electoral
Commission shall have the same
terms and conditions of service as
a Justice of the Court of Appeal.
(3) The two Deputy Chairmen of the
Commission shall have the same
terms and conditions of service as
are applicable to a Justice of the
High Court.
(4) The Chairman and the two
Deputy Chairmen of the Commission
shall not, while they hold office
on the Commission, hold any other
public office.
(5) The other four members of the
Commission shall be paid such
allowances as Parliament may
determine.
(6) If a member is absent or dies,
the Commission shall continue its
work until the President, acting
on the advice of the Council of
State, appoints a qualified person
to fill the vacancy.
Article 45—Functions of Electoral
Commission.
The Electoral Commission shall
have the following functions—
(a) to compile the register of
voters and revise it at such
periods as may be determined by
law;
(b) to demarcate the electoral
boundaries for both national and
local government elections;
(c) to conduct and supervise all
public elections and referenda;
(d) to educate the people on the
electoral process and its purpose;
(e) to undertake programmes for
the expansion of the registration
of voters; and
(f) to perform such other
functions as may be prescribed by
law.
Article 46—Independence of the
Commission.
Except as provided in this
Constitution or in any other law
not inconsistent with this
Constitution, in the performance
of its functions, the Electoral
Commission, shall not be subject
to the direction or control of any
person or authority.
Article 47—Constituencies.
(1) Ghana shall be divided into as
many constituencies for the
purpose of election of members of
Parliament as the Electoral
Commission may prescribe, and each
constituency shall be represented
by one member of Parliament.
(2) No constituency shall fall
within more than one region.
(3) The boundaries of each
constituency shall be such that
the number of inhabitants in the
constituency is, as nearly as
possible, equal to the population
quota.
(4) For the purposes of clause (3)
of this article, the number of
inhabitants of a constituency may
be greater or less than the
population quota in order to take
account of means of communication,
geographical features, density of
population and area and boundaries
of the regions and other
administrative or traditional
areas.
(5) The Electoral Commission shall
review the division of Ghana into
constituencies at intervals of not
less than seven years, or within
twelve months after the
publication of the enumeration
figures after the holding of a
census of the population of Ghana,
whichever is earlier, and may, as
a result, alter the
constituencies.
(6) Where the boundaries of a
constituency established under
this article are altered as a
result of a review, the alteration
shall come into effect upon the
next dissolution of Parliament.
(7) For the purposes of this
article, "population quota" means
the number obtained by dividing
the number of inhabitants of Ghana
by the number of constituencies
into which Ghana is divided under
this article.
Article 48—Appeal from Decisions
of Commission.
(1) A person aggrieved by a
decision of the Electoral
Commission in respect of a
demarcation of a boundary, may
appeal to a tribunal consisting of
three persons appointed by the
Chief Justice; and the Electoral
Commission shall give effect to
the decision of the tribunal.
(2) A person aggrieved by a
decision of the tribunal referred
to in clause (1) of this article
may appeal to the Court of Appeal
whose decision on the matter shall
be final.
Article 49—Voting at Elections and
Referenda.
(1) At any public election or
referendum, voting shall be by
secret ballot.
(2) Immediately after the close of
the poll, the presiding officer
shall, in the presence of such of
the candidates or their
representatives and their polling
agents as are present, proceed to
count, at that polling station,
the ballot papers of that station
and record the votes cast in
favour of each candidate or
question.
(3) The presiding officer, the
candidates or their
representatives, and in the case
of a referendum, the parties
contesting or their agents and the
polling agents if any, shall then
sign a declaration stating—
(a) the polling station; and
(b) the number of votes cast in
favour of each candidate or
question;
and the presiding officer shall,
there and then, announce the
results of the voting at that
polling station before
communicating them to the
returning officer.
(4) Subject to the provisions of
this Constitution, an issue for
determination by referendum shall
not be taken to be determined
unless at least thirty-five
percent of the persons entitled to
vote at the referendum voted and,
of the votes cast, at least
seventy percent voted in favour of
the issue.
Article 50—Election of Candidates.
(1) Subject to the provisions of
this Constitution, where at the
close of nominations and on the
day before a public election—
(a) two or more candidates have
been nominated, the election shall
be held and the candidate who
receives the largest number of
votes cast shall be declared
elected; or
(b) only one candidate is
nominated, there shall be no
election and that candidate shall
be declared elected.
(2) Where for the purposes of a
public election two or more
candidates are nominated but at
the close of the nominations and
on the day before the election,
only one candidate stands
nominated, a further period of ten
days shall be allowed for
nomination of other candidates,
and it shall not be lawful for any
person nominated within that
period of ten days to withdraw his
nomination.
(3) Where at the close of
nominations under clause (2) of
this article only one candidate
stands nominated, there shall be
no election and that candidate
shall be declared elected.
(4) Where at the close of
nominations, but before the
election, one of the candidates
dies, a further period of ten days
shall be allowed for nominations;
and where the death occurs at any
time within twenty-five days
before the election, the election
in that constituency or unit shall
be postponed for twenty-one days.
Article 51—Regulations for
Elections and Referenda.
The Electoral Commission shall, by
constitutional instrument, make
regulations for the effective
performance of its functions under
this Constitution or any other law
, and in particular, for the
registration of voters, the
conduct of public elections and
referenda, including provisions
for voting by proxy.
Article 52—Regional and District
Representatives of Commission.
There shall be in every region and
district a representative of the
Electoral Commission who shall
perform such functions as shall be
assigned to him by the Commission.
Article 53—Appointment of Staff of
Commission.
The appointment of officers and
other employees of the Electoral
Commission shall be made by the
Commission acting in consultation
with the Public Services
Commission.
Article 54—Expenses of Commission
Charged on Consolidated Fund.
The administrative expenses of the
Electoral Commission including
salaries, allowances and pensions
payable to, or in respect of
persons serving with the
Commission, shall be charged on
the Consolidated Fund.
Political Parties
Article 55—Organization of
Political Parties.
(1) The right to form political
parties is hereby guaranteed.
(2) Every citizen of Ghana of
voting age has the right to join a
political party.
(3) Subject to the provisions of
this article, a political party is
free to participate in shaping the
political will of the people, to
disseminate information on
political issues, social and
economic programmes of a national
character, and sponsor candidates
for elections to any public office
other than to District Assemblies
or lower local government units.
(4) Every political party shall
have a national character, and
membership shall not be based on
ethnic, religious, regional or
other sectional divisions.
(5) The internal organization of a
political party shall conform to
democratic principles and its
actions and purposes shall not
contravene or be inconsistent with
this Constitution or any other
law.
(6) An organisation shall not
operate as a political party
unless it is registered as such
under the law for the time being
in force for the purpose.
(7) For the purposes of
registration, a prospective
political party shall furnish the
Electoral Commission with a copy
of its Constitution and the names
and addresses of its national
officers; and shall satisfy the
Commission that—
(a) there is ordinarily resident,
or registered as a voter, in each
district of Ghana, at least one
founding member of the party;
(b) the party has branches in all
the regions of Ghana and is, in
addition, organised in not less
than two-thirds of the districts
in each region; and
(c) the party's name, emblem,
colour, motto or any other symbol
has no ethnic, regional, religious
or other sectional connotation or
gives the appearance that its
activities are confined only to a
part of Ghana.
(8) A political party shall not
have as a founding member, a
leader or a member of its
executive, a person who is not
qualified to be elected as a
member of Parliament or to hold
any other public office.
(9) The members of the national
executive committee of a political
party shall be chosen from all the
regions of Ghana.
(10) Subject to the provisions of
this Constitution, every citizen
of voting age has the right to
participate in political activity
intended to influence the
composition and policies of the
Government.
(11) The State shall provide fair
opportunity to all political
parties to represent their
programmes to the public by
ensuring equal access to the
state-owned media.
(12) All presidential candidates
shall be given the same amount of
time and space on the state-owned
media to present their programmes
to the people.
(13) Every candidate for election
to Parliament has the right to
conduct his campaign freely and in
accordance with law.
(14) Political parties shall be
required by law —
(a) to declare to the public their
revenues and assets and the
sources of those revenues and
assets; and
(b) to publish to the public
annually their audited accounts.
(15) Only a citizen of Ghana may
make a contribution or donation to
a political party registered in
Ghana.
(16) A member of an organisation
or interest group shall not be
required to join a particular
political party by virtue of his
membership of the organisation or
group.
(17) Subject to provisions of this
Chapter, Parliament shall by law
regulate the establishment and
functioning of political parties.
Article 56—Restriction of Certain
Propaganda.
Parliament shall have no power to
enact a law to establish or
authorise the establishment of a
body or movement with the right or
power to impose on the people of
Ghana a common programme or a set
of objectives of a religious or
political nature.
CHAPTER EIGHT—THE EXECUTIVE
The President
Article 57—The President of Ghana.
(1) There shall be a President of
the Republic of Ghana who shall be
the Head of State and Head of
Government and Commander-in-Chief
of the Armed Forces of Ghana.
(2) The President shall take
precedence over all other persons
in Ghana; and in descending order,
the Vice-President, the Speaker of
Parliament and the Chief Justice,
shall take precedence over all
other persons in Ghana.
(3) Before assuming office the
President shall take and subscribe
before Parliament the oath of
allegiance and the presidential
oath set out in the Second
Schedule to this Constitution.
(4) Without prejudice to the
provisions of article 2 of this
Constitution, and subject to the
operation of the prerogative
writs, the President shall not,
while in office, be liable to
proceedings in any court for the
performance of his functions, or
for any act done or omitted to be
done, or purported to be done, or
purported to have been done or
purporting to be done in the
performance of his functions,
under this Constitution or any
other law.
(5) The President shall not, while
in office as President, be
personally liable to any civil or
criminal proceedings in court.
(6) Civil or criminal proceedings
may be instituted against a person
within three years after his
ceasing to be President, in
respect of anything done or
omitted to be done by him in his
personal capacity before or during
his term of office notwithstanding
any period of limitation except
where the proceedings had been
legally barred before he assumed
the office of President.
Article 58—Executive Authority of
Ghana.
(1) The executive authority of
Ghana shall vest in the President
and shall be exercised in
accordance with the provisions of
this Constitution.
(2) The executive authority of
Ghana shall extend to the
execution and maintenance of this
Constitution and all laws made
under or continued in force by
this Constitution.
(3) Subject to the provisions of
this Constitution, the functions
conferred on the President by
clause (1) of this article may be
exercised by him either directly
or through officers subordinate to
him.
(4) Except as otherwise provided
in this Constitution or by a law
not inconsistent with this
Constitution, all executive acts
of Government shall be expressed
to be taken in the name of the
President.
(5) A constitutional or statutory
instrument or any other instrument
made, issued or executed in the
name of the President shall be
authenticated by the signature of
a Minister and the validity of any
such instrument so authenticated
shall not be called in question on
the ground that it is not made,
issued or executed by the
President.
Article 59—Absence From Ghana.
The President shall not leave
Ghana without prior notification
in writing, signed by him and
addressed to the Speaker of
Parliament.
Article 60—The Vice-President and
Succession to the Presidency.
(1) There shall be a
Vice-President of Ghana who shall
perform such functions as may be
assigned to him by this
Constitution or by the President.
(2) A candidate for the office of
Vice-President shall be designated
by the candidate for the office of
President before the election of
the President.
(3) The provisions of article 62
of this Constitution apply to a
candidate for election as
Vice-President.
(4) A candidate shall be deemed to
be duly elected as Vice-President
if the candidate who designated
him as candidate for election to
the office of Vice-President has
been duly elected as President in
accordance with the provisions of
article 63 of this Constitution.
(5) The Vice-President shall,
before commencing to perform the
functions of Vice-President, take
and subscribe the oath of
allegiance and the
Vice-Presidential oath set out in
the Second Schedule to this
Constitution.
(6) Whenever the President dies,
resigns or is removed from office,
the Vice-President shall assume
office as President for the
unexpired term of office of the
President with effect from the
date of the death, resignation or
removal of the President.
(7) Where the unexpired term
served by the Vice-President under
clause (6) of this article exceeds
half the term of a President, the
Vice-President is subsequently
only eligible to serve one full
term as President.
(8) Whenever the President is
absent from Ghana or is for any
other reason unable to perform the
functions of his office, the
Vice-President shall perform the
functions of the President until
the President returns or is able
to perform his functions.
(9) The Vice-President shall,
before commencing to perform the
functions of the President under
clause (6) of this article, take
and subscribe the oath set out in
the Second Schedule to this
Constitution in relation to the
office of President.
(10) The Vice-President shall,
upon assuming office as President
under clause (6) of this article,
nominate a person to the office of
Vice-President subject to approval
by Parliament.
(11) Where the President and the
Vice-President are both unable to
perform the functions of the
President, the Speaker of
Parliament shall perform those
functions until the President or
the Vice-President is able to
perform those functions or a new
President assumes office, as the
case may be.
(12) The Speaker shall, before
commencing to perform the
functions of the President under
clause (11) of this article, take
and subscribe the oath set out in
relation to the office of
President.
(13) Where the Speaker of
Parliament assumes the office of
President as a result of the
death, resignation or removal from
office of the President and the
Vice-President, there shall be a
presidential election within three
months after his assumption of
office.
(14) The provisions of article 69
of this Constitution shall apply
to the removal from office of the
Vice-President.
Article 61—Public and Presidential
Seals.
There shall be a public seal and a
presidential seal, the use and
custody of which shall, subject to
the provisions of this
Constitution, be regulated by law.
Article 62—Qualifications of
President.
A
person shall not be qualified for
election as the President of Ghana
unless—
(a) he is a citizen of Ghana by
birth;
(b) he has attained the age of
forty years; and
(c) he is a person who is
otherwise qualified to be elected
a Member of Parliament, except
that the disqualifications set out
in paragraphs (c), (d), and (e) of
clause (2) of article 94 of this
Constitution shall not be removed,
in respect of any such person, by
a presidential pardon or by the
lapse of time as provided for in
clause (5) of that article.
Article 63—Election of President.
(1) A person shall not be a
candidate in a presidential
election unless he is nominated
for election as President by a
document which—
(a) is signed by him; and
(b) is signed by not less than two
persons who are registered voters
resident in the area of authority
of each district assembly;
(c) is delivered to the Electoral
Commission or before the day
appointed as nomination day in
relation to the election;
(d) designates a person to serve
as Vice-President.
(2) The election of the President
shall be on the terms of universal
adult suffrage and shall, subject
to the provisions of this
Constitution, be conducted in
accordance with such regulations
as may be prescribed by
constitutional instrument by the
Electoral Commission and shall be
held so as to begin—
(a) where a President is in
office, not earlier than four
months nor later than one month
before his term of office expires;
and
(b) in any other case, within
three months after the office of
President becomes vacant; and
shall be held at such place and
shall begin on such date as the
Electoral Commission shall, by
constitutional instrument,
specify.
(3) A person shall not be elected
as President of Ghana unless at
the Presidential election the
number of votes cast in his favour
is more than fifty per cent of the
total number of valid votes cast
at the election.
(4) Where at a presidential
election there are more than two
candidates and no candidate
obtains the number or percentage
of votes specified in clause (3)
of this article a second election
shall be held within twenty-one
days after the previous election.
(5) The candidates for a
presidential election held under
clause (4) of this article shall
be the two candidates who obtained
the two highest numbers of votes
at the previous election.
(6) Where at a presidential
election three or more candidates
obtain the two highest numbers of
votes referred to in clause (5) of
this article, then unless there
are withdrawals such that only two
candidates remain, another
election shall be held within
twenty-one days after the previous
election at which the candidates
who obtained the two highest
numbers of votes shall, subject to
any withdrawals, be the only
candidates and the same process
shall, subject to any withdrawal,
be continued until a President is
elected.
(7) A presidential candidate under
clause (5) or (6) of this article
may, by writing under his hand,
withdraw his candidature at any
time before the election.
(8) If after a second presidential
election held under clause (4) of
this article the two candidates
obtained an equal number of votes,
then, notwithstanding any
withdrawal, another election shall
be held within twenty-one days
after the election at which the
two candidates shall be the only
candidates and the same process
shall, subject to any withdrawal,
be continued until a President is
elected.
(9) An instrument which—
(a) is executed under the hand of
the Chairman of the Electoral
Commission and under the seal of
the Commission: and
(b) states that the person named
in the instrument was declared
elected as the President of Ghana
at the election of the President.
shall be prima facie evidence that
the person named was so elected.
Article 64—Challenging Election of
President.
(1) The validity of the election
of the President may be challenged
only by a citizen of Ghana who may
present a petition for the purpose
to the Supreme Court within
twenty-one days after the
declaration of the result of the
election in respect of which the
petition is presented.
(2) A declaration by the Supreme
Court that the election of the
President is not valid shall be
without prejudice to anything done
by the President before the
declaration.
(3) The Rules of Court Committee
shall, by constitutional
instrument, make rules of court
for the practice and procedure for
petitions to the Supreme Court
challenging the election of a
President.
Article 65—Presidential Election
Regulations.
The Electoral Commission shall, by
constitutional instrument, make
regulations for the purpose of
giving effect to article 63 of
this Constitution.
Article 66—Term of Office of
President.
(1) A person elected as President
shall, subject to clause (3) of
this article, hold office for a
term of four years beginning from
the date on which he is sworn in
as President.
(2) A person shall not be elected
to hold office as President of
Ghana for more than two terms.
(3) The office of President shall
become vacant—
(a) on the expiration of the
period specified in clause (1) of
this article; or
(b) if the incumbent dies or
resigns from office or ceases to
hold office under article 69 of
this Constitution.
(4) The President may, by writing
signed by him, and addressed to
the Speaker of Parliament, resign
from his office as President.
Article 67—Presidential Messages.
The President shall, at the
beginning of each session of
Parliament and before a
dissolution of Parliament, deliver
to Parliament a message on the
state of the nation.
Article 68—Conditions of Office of
President.
(1) The President shall not, while
he continues in office as
President—
(a) hold any other office of
profit or emolument whether
private or public and whether
directly or indirectly; or
(b) hold the office of chancellor
or head of any university in
Ghana.
(2) The President shall not, on
leaving office as President, hold
any office of profit or emolument,
except with the permission of
Parliament, in any establishment,
either directly or indirectly,
other than that of the State.
(3) The President shall receive
such salary, allowances and
facilities as may be prescribed by
Parliament on the recommendations
of the committee referred to in
article 71 of this Constitution.
(4) On leaving office, the
President shall receive a gratuity
in addition to pension, equivalent
to his salary and other allowances
and facilities prescribed by
Parliament in accordance with
clause (3) of this article.
(5) The salary, allowances,
facilities, pensions and gratuity
referred to in clauses (3) and (4)
shall be exempt from tax.
(6) Where the President is removed
from office under paragraph (c) of
clause (1) of article 69 of this
Constitution or resigns, he shall
be entitled to such pension and
other retiring awards and
facilities as Parliament may
prescribe on the recommendation of
the Committee referred to in
article 71 of this Constitution.
(7) The salary and allowances
payable to the President and any
pension or gratuity payable to him
on leaving office shall be charged
on the Consolidated Fund.
(8) The salary, allowances,
facilities and privileges of the
President shall not be varied to
his disadvantage while he holds
office.
(9) The pension payable to the
President and the facilities
available to him shall not be
varied to his disadvantage during
his lifetime.
Article 69—Removal of President.
(1) The President shall be removed
from office if he is found, in
accordance with the provisions of
this article—
(a) to have acted in wilful
violation of the oath of
allegiance and the presidential
oath set out in the Second
Schedule to, or in wilful
violation of any other provision
of, this Constitution; or
(b) to have conducted himself in a
manner—
(i)
which brings or is likely to bring
the high office of President into
disrepute, ridicule or contempt;
or
(ii) prejudicial or inimical to
the economy or the security of the
State; or
(c) to be incapable of performing
the functions of his office by
reason of infirmity of body or
mind.
(2) For the purposes of the
removal from office of the
President, a notice in writing—
(a) signed by not less than
one-third of all the members of
Parliament, and
(b) stating that the conduct or
the physical or mental capacity of
the President be investigated on
any of the grounds specified in
clause (1) of this article, shall
be given to the Speaker who shall
immediately inform the Chief
Justice and deliver the notice to
him copied to the President.
(3) The notice referred to in
clause (2) of this article shall
be accompanied by a statement in
writing setting out in detail the
facts, supported by the necessary
documents, on which it is claimed
that the conduct or the physical
or mental capacity of the
President be investigated for the
purposes of his removal from
office.
(4) Subject to clause (5) of this
article, the Chief Justice shall,
by constitutional instrument,
immediately convene a tribunal
consisting of the Chief Justice as
Chairman and the four most senior
Justices of the Supreme Court and
the tribunal shall inquire, in
camera, whether there is a prima
facie case for the removal of the
President.
(5) Where a notice under clause
(2) of this article is delivered
to the Chief Justice in respect of
the removal from office of the
President on the grounds of
physical or mental incapacity, the
Chief Justice shall, in
consultation with the professional
head of the Ghana Health Services,
cause a medical board to be
convened which shall consist of
not less than four eminent medical
specialists and the President
shall be informed accordingly.
(6) The President shall be invited
to submit himself for examination
by the medical board within
fourteen days after the
appointment of the board.
(7) The President shall be
entitled during the proceedings of
the tribunal or of the medical
board to be heard in his defence
by himself or by a lawyer or other
expert or person as the case may
be, of his own choice.
(8) The Rules of Court Committee
shall, by constitutional
instrument, make rules for the
practice and procedure of the
tribunal or of the medical board
for the removal of the President.
(9) Where the tribunal or medical
board specified in clauses (4) and
(5) of this article determines
that there is a prima facie case
for the removal of the President
or that the President is by reason
of physical or mental incapacity
unable to perform the functions of
his office, the findings shall
immediately be submitted to the
speaker of Parliament through the
Chief Justice and copied to the
President.
(10) Parliament shall, within
fourteen days after the date of
the findings of the tribunal or
medical board, move a resolution
whether or not the President shall
be removed from office.
(11) The resolution for the
removal from office of the
President shall be by a secret
ballot and shall be taken to be
approved by Parliament if
supported by the votes of not less
than two-thirds of all the members
of Parliament after prior debate.
(12) The proceedings of Parliament
for the removal of the President
shall not be held in camera except
where Parliament otherwise orders
in the interest of national
security.
(13) The President shall cease to
hold office as President on the
date Parliament decides that he be
removed from office.
Article 70—Appointments by
President.
(1) The President shall, acting in
consultation with the Council of
State, appoint—
(a) the Commissioner for Human
Rights and Administrative Justice
and his Deputies;
(b) the Auditor-General;
(c) the District Assemblies Common
Fund Administrator;
(d) the Chairmen and other members
of—
(i)
the Public Services Commission;
(ii) the Lands Commission;
(iii) the governing bodies of
public corporations.
(iv) a National Council for Higher
Education howsoever described; and
(e) the holders of such other
offices as may be prescribed by
this Constitution or by any other
law not inconsistent with this
Constitution.
(2) The President shall, acting on
the advice of the Council of
State, appoint the Chairman,
Deputy Chairmen, and other members
of the Electoral Commission.
Article 71—Determination of
Certain Emoluments.
(1) The salaries and allowances
payable, and the facilities and
privileges available, to—
(a) the Speaker and Deputy Speaker
and members of Parliament;
(b) the Chief Justice and the
other Justices of the Superior
Court of Judicature;
(c) the Auditor-General, the
Chairman and Deputy Chairmen of
the Electoral Commission, the
Commissioner for Human Rights and
Administrative Justice and his
Deputies and the District
Assemblies Common Fund
Administrator;
(d) the Chairman, Vice-Chairman
and the other members of —
(i)
a National Council for Higher
Education howsoever described;
(ii) the Public Services
Commission;
(iii) the National Media
Commission;
(iv) the Lands Commission; and
(v) the National Commission for
Civic Education;
being expenditure charged on the
Consolidated Fund, shall be
determined by the President on the
recommendations of a committee of
not more than five persons
appointed by the President, acting
in accordance with the advice of
the Council of State.
(2) The salaries and allowances
payable, and the facilities
available, to the President,
Vice-President, the chairman and
the other members of the Council
of State; Ministers of State and
Deputy Ministers, being
expenditure charged on the
Consolidated Fund, shall be
determined by Parliament on the
recommendations of the committee
referred to in clause (1) of this
article.
(3) For the purposes of this
article, and except as otherwise
provided in this Constitution,
"salaries" includes allowances,
facilities and privileges and
retiring benefits or awards.
Article 72—Prerogative of Mercy.
(1) The President may, acting in
consultation with the Council of
State—
(a) grant to a person convicted of
an offence a pardon either free or
subject to lawful conditions; or
(b) grant to a person a respite,
either indefinite or for a
specified period, from the
execution of punishment imposed on
him for an offence; or
(c) substitute a less severe form
of punishment for a punishment
imposed on a person for an
offence; or
(d) remit the whole or part of a
punishment imposed on a person or
of a penalty or forfeiture
otherwise due to Government on
account of any offence.
(2) Where a person is sentenced to
death for an offence, a written
report of the case from the trial
judge or judges, together with
such other information derived
from the record of the case or
elsewhere as may be necessary,
shall be submitted to the
President.
(3) For the avoidance of doubt, it
is hereby declared that a
reference in this article to a
conviction or the imposition of a
punishment, penalty, sentence or
forfeiture includes a conviction
or the imposition of a punishment,
penalty, sentence or forfeiture by
a court-martial or other military
tribunal.
International Relations
Article 73—International
Relations.
The Government of Ghana shall
conduct its international affairs
in consonance with the accepted
principles of public international
law and diplomacy in a manner
consistent with the national
interest of Ghana.
Article 74—Diplomatic
Representation.
(1) The President shall, acting in
consultation with the Council of
State, appoint persons to
represent Ghana abroad.
(2) The President may receive
envoys accredited to Ghana.
Article 75—Execution of Treaties.
(1) The President may execute or
cause to be executed treaties,
agreements or conventions in the
name of Ghana.
(2) A treaty, agreement or
convention executed by or under
the authority of the President
shall be subject to ratification
by—
(a) Act of Parliament; or
(b) a resolution of Parliament
supported by the votes of more
than one-half of all the members
of Parliament.
The Cabinet
Article 76—The Cabinet.
(1) There shall be a Cabinet which
shall consist of the President,
the Vice-President and not less
than ten and not more than
nineteen Ministers of State.
(2) The Cabinet shall assist the
President in the determination of
the general policy of the
Government.
(3) There shall be a Secretary to
the Cabinet who shall be appointed
by the President.
Article 77—Meetings of the
Cabinet.
(1) The Cabinet shall be summoned
by the President who shall preside
at all its meetings; and in the
absence of the President, the
Vice-President shall preside.
(2) The Cabinet shall regulate the
procedure at its meetings.
Article 78—Ministers of State.
(1) Ministers of State shall be
appointed by the President with
the prior approval of Parliament
from among members of Parliament
or persons qualified to be elected
as members of Parliament, except
that the majority of Ministers of
State shall be appointed from
among members of Parliament.
(2) The President shall appoint
such number of Ministers of State
as may be necessary for the
efficient running of the State.
(3) A Minister of State shall not
hold any other office of profit or
emolument whether private or
public and whether directly or
indirectly unless otherwise
permitted by the Speaker acting on
the recommendations of a committee
of Parliament on the ground—
(a) that holding that office will
not prejudice the work of a
Minister; and
(b) that no conflict of interest
arises or would arise as a result
of the Minister holding that
office.
Article 79—Deputy Ministers.
(1) The President may, in
consultation with a Minister of
State, and with the prior approval
of Parliament, appoint one or more
Deputy Ministers to assist the
Minister in the performance of his
functions.
(2) A person shall not be
appointed a Deputy Minister unless
he is a Member of Parliament or is
qualified to be elected as a
member of Parliament.
(3) Clause (3) of article 78
applies to a Deputy Minister as it
applies to a Minister of State.
Article 80—Oaths.
A
Minister of State or Deputy
Minister shall not enter upon the
duties of his office unless he has
taken and subscribed the oath of
allegiance, the oath of Minister
of State and the Cabinet oath, as
the case may be, set out in the
Second Schedule to this
Constitution.
Article 81—Tenure of Office of
Ministers, Etc.
The office of a Minister of State
or a Deputy Minister shall become
vacant if—
(a) his appointment is revoked by
the President; or
(b) he is elected as Speaker or
Deputy Speaker; or
(c) he resigns from office; or
(d) he dies.
Article 82—Vote of Censure.
(1) Parliament may, by a
resolution supported by the votes
of not less than two-thirds of all
the members of Parliament, pass a
vote of censure on a Minister of
State.
(2) A motion for the resolution
referred to in clause (1) of this
article shall not be moved in
Parliament unless—
(a) seven days' notice has been
given of the motion; and
(b) the notice for the motion has
been signed by not less than
one-third of all the members of
Parliament;
(3) The motion shall be debated in
Parliament within fourteen days
after the receipt by the Speaker
of the notice for the motion.
4) A Minister of State in respect
of whom a vote of censure is
debated under clause (3) of this
article is entitled, during the
debate, to be heard in his
defence.
(5) Where a vote of censure is
passed against a Minister under
this article the President may,
unless the Minister resigns his
office, revoke his appointment as
a Minister.
(6) For the avoidance of doubt
this article applies to a Deputy
Minister as it applies to a
Minister of State.
The National Security Council.
Article 83—The National Security
Council.
(1) There shall be a National
Security Council which shall
consist of—
(a) the President;
(b) the Vice-President;
(c) the Ministers for the time
being holding the portfolios of
foreign affairs, defence,
interior, and finance and such
other Ministers as the President
may determine;
(d) the Chief of Defence Staff and
two other members of the Armed
Forces;
(e) the Inspector-General of
Police and two other members of
the Police Service, one of whom
shall be the Commissioner of
Police responsible for Criminal
Investigations Department;
(f) the Director-General of the
Prisons Service;
(g) the Director of External
Intelligence;
(h) the Director of Internal
Intelligence;
(i)
the Director of Military
Intelligence;
(j) the Commissioner of Customs,
Excise and preventive Service; and
(k) three persons appointed by the
President.
(2) The President shall preside at
meetings of the National Security
Council and in his absence the
Vice-President shall preside.
(3) The President may, acting in
consultation with the National
Security Council, invite such
persons as he considers necessary
for any deliberations of the
Council.
(4) A person invited to
participate in the deliberations
of the Council under clause (3) of
this article shall not vote on any
matter for decision before the
Council.
(5) The National Security Council
shall regulate the procedure at
its meetings.
(6) The Secretary to the Cabinet
shall be the Secretary to the
National Security Council.
Article 84—Functions of the
National Security Council.
The functions of the National
Security Council include—
(a) considering and taking
appropriate measures to safeguard
the internal and external security
of Ghana;
(b) ensuring the collection of
information relating to the
security of Ghana and the
integration of the domestic,
foreign and security policies
relating to it as to enable the
security services and other
departments and agencies of the
Government to co-operate more
effectively in matters relating to
national security;
(c) assessing and appraising the
objectives, commitments and risks
of Ghana in relation to the actual
and potential military power in
the interest of national security;
and
(d) taking appropriate measures
regarding the consideration of
policies on matters of common
interest to the departments and
agencies of the Government
concerned with national security.
Article 85—Establishment of
Security Services.
No agency, establishment or other
organization concerned with
national security shall be
established except as provided for
under this Constitution.
National Development Planning
Commission
Article 86—National Development.
(1) There shall be a National
Development Planning Commission.
(2) The Commission shall consist
of—
(i)
a Chairman who shall be appointed
by the President in consultation
with the Council of State;
(ii) the Minister responsible for
finance and such other Ministers
of State as the President may
appoint;
(iii) the Government Statistician;
(iv) the Governor of the Bank of
Ghana;
(v) one representative from each
region of Ghana appointed by the
Regional Co-ordinating Council of
the region;
(vi) such other persons as may be
appointed by the President having
regard to their knowledge and
experience of the relevant areas
and roles pertaining to
development, economic, social,
environmental and spatial
planning.
(3) The National Development
Planning Commission shall be
responsible to the President.
Article 87—Functions of National
Development Planning Commission.
(1) The Commission shall advise
the President on development
planning policy and strategy.
(2) The Commission shall, at the
request of the President or
Parliament, or on its own
initiative—
(a) study and make strategic
analyses of macro-economic and
structural reform options;
(b) make proposals for the
development of multi-year rolling
plans taking into consideration
the resource potential and
comparative advantage of the
different districts of Ghana;
(c) make proposals for the
protection of the natural and
physical environment;
(d) make proposals for ensuring
the even development of the
districts of Ghana by the
effective utilisation of available
resources; and
(e) monitor, evaluate and
co-ordinate development policies,
programmes and projects.
(3) The Commission shall also
perform such other functions
relating to development planning
as the President may direct.
The Attorney-General
Article 88—The Attorney-General.
(1) There shall be an
Attorney-General of Ghana who
shall be a Minister of State and
the principal legal adviser to the
Government.
(2) The Attorney-General shall
discharge such other duties of a
legal nature as may be referred or
assigned to him by the President,
or imposed on him by this
Constitution or any other law.
(3) The Attorney-General shall be
responsible for the initiation and
conduct of all prosecutions of
criminal offences.
(4) All offences prosecuted in the
name of the Republic of Ghana
shall be at the suit of the
Attorney-General or any other
person authorised by him in
accordance with the law.
(5) The Attorney-General shall be
responsible for the institution
and conduct of all civil cases on
behalf of the State; and all civil
proceedings against the State
shall be instituted against the
Attorney-General as defendant.
(6) The Attorney-General shall
have audience in all courts in
Ghana.
CHAPTER NINE—THE COUNCIL OF STATE
Article 89—The Council of State.
(1) There shall be a Council of
State to counsel the President in
the performance of his functions.
(2) The Council of State shall
consist of—
(a) the following persons
appointed by the President in
consultation with Parliament—
(i)
one person who has previously held
the office of Chief Justice;
(ii) one person who has previously
held the office of Chief of
Defence Staff of the Armed Forces
of Ghana;
(iii) one person who has
previously held the office of
Inspector-General of Police;
(b) the President of the National
House of Chiefs;
(c) one representative from each
region of Ghana elected, in
accordance with regulations made
by the Electoral Commission under
article 51 of this Constitution,
by an electoral college comprising
two representatives from each of
the districts in the region
nominated by the District
Assemblies in the region; and
(d) eleven other members appointed
by the President.
(3) The Council of State shall
elect a chairman from among its
members.
(4) A member of the Council of
State shall, at the first meeting
of the Council which he attends,
take and subscribe the oath of
secrecy and the oath of a member
of the Council of State set out in
the Second Schedule to this
Constitution.
(5) A member of the Council of
State shall hold office until the
end of the term of office of the
President unless—
(a) that member resigns by writing
signed by him and addressed to the
President; or
(b) becomes permanently
incapacitated; or
(c) is removed from office or
dies.
(6) The appointment of a member of
the Council of State may be
terminated by the President on
grounds of stated misbehaviour or
of inability to perform his
functions arising from infirmity
of body or mind, and with the
prior approval of Parliament.
(7) The Chairman and members of
the Council of State shall be
entitled to such allowances and
privileges as may be determined in
accordance with article 71 of this
Constitution.
(8) The allowances and privileges
of the Chairman and other members
of the Council of State shall be
charged on the Consolidated Fund
and shall not be varied to their
disadvantage while they hold
office.
Article 90—Consideration of Bills
by the Council of State.
(1) A bill which has been
published in the Gazette or passed
by Parliament shall be considered
by the Council of State if the
President so requests.
(2) A request from the President
for consideration of a bill may be
accompanied by a statement setting
forth the amendments or changes,
if any, which the President
proposes for consideration by the
Council of State.
(3) Consideration of a bill under
clause (1) of this article shall
be completed within thirty days
after the third reading in
Parliament of that bill except
that where the bill was passed
under a certificate of urgency,
the Council of State shall
consider it and report to the
President within seventy-two
hours.
(4) Where the Council of State
decides not to propose an
amendment to a bill the Chairman
shall, within seven days after the
decision of the Council, transmit
the bill with a certificate to
that effect addressed to the
President.
(5) Where the Council of State
decides to propose amendments to a
bill, the bill, with a memorandum
setting forth the amendments
proposed on the bill, shall be
transmitted by the chairman to the
President within fifteen days
after the conclusion of the
consideration by the Council of
State.
Article 91—Other Functions of the
Council.
(1) The Council of State shall
consider and advise the President
or any other authority in respect
of any appointment which is
required by this Constitution or
any other law to be made in
accordance with the advice of, or
in consultation with, the Council
of State.
(2) The advice referred to in
clause (1) of this article shall
be given not later than thirty
days after the receipt of the
request from the President or
other authority.
(3) The Council of State may, upon
request or on its own initiative,
consider and make recommendations
on any matter being considered or
dealt with by the President, a
Minister of State, Parliament or
any other authority established by
this Constitution except that the
President, Minister of State,
Parliament or other authority
shall not be required to act in
accordance with any recommendation
made by the Council of State under
this clause.
(4) The Council of State shall
perform such other functions as
may be assigned to it by this
Constitution or any other law not
inconsistent with this
Constitution.
Article 92—Meetings of Council of
State.
(1) The Council of State shall
meet for the dispatch of business
at least four times in a year at
such time and place as the
Chairman may determine.
(2) The Council of State shall
also meet if requested by—
(a) the President; or
(b) Parliament; or
(c) not less than five members of
the Council.
(3) The Council of State shall
hold its meetings in camera but
may admit the public to any
meetings whenever it considers it
appropriate.
(4) The Chairman of the Council of
State shall preside at every
meeting of the Council, and in his
absence, a member of the Council
elected by the members of the
Council shall preside.
(5) A question for decision by the
Council of State shall not be
proposed for determination unless
there are present in the Council
more than one-half of all the
members of the Council.
(6) Except as otherwise provided
in this Constitution, the question
proposed shall be determined by
the majority of the members
present and voting.
(7) The Council of State may, at
any time, appoint any committees
it considers appropriate and
assign to them any matter or
investigation which the Council
may determine.
(8) The Council of State may, with
the approval of the President,
commission experts and consultants
to advise it or to assist it in
dealing with any specific issue on
such terms and conditions as it
may determine.
(9) A member of the Council of
State who is a party to, or is a
partner in, a firm which is a
party to a contract with the
Government shall, in any
proceedings in the Council of
State relating to that contract,
declare his interest or the
interest of that firm and shall
not vote on any question relating
to that contract.
(10) The proceedings of the
Council of State shall not be
invalidated by—
(a) a vacancy in its membership,
including a vacancy not filled
when the Council first meets; and
(b) the presence or participation
of a person not entitled to be
present or to participate in the
proceedings of the Council.
(11) Subject to the provisions of
this Constitution, the Council of
State may regulate its own
procedure.
CHAPTER TEN—THE LEGISLATURE
Composition of Parliament
Article 93—The Parliament of
Ghana.
(1) There shall be a Parliament of
Ghana which shall consist of not
less than one hundred and forty
elected members.
(2) Subject to the provisions of
this Constitution, the legislative
power of Ghana shall be vested in
Parliament and shall be exercised
in accordance with this
Constitution.
Article 94—Qualifications and
Eligibility.
(1) Subject to the provisions of
this article, a person shall not
be qualified to be a member of
Parliament unless—
(a) he is a citizen of Ghana, has
attained the age of twenty-one
years and is a registered voter;
(b) he is resident in the
constituency for which he stands
as a candidate for election to
Parliament or has resided there
for a total period of not less
than five years out of the ten
years immediately preceding the
election for which he stands, or
he hails from that constituency;
and
(c) he has paid all his taxes or
made arrangements satisfactory to
the appropriate authority for the
payment of his taxes.
(2) A person shall not be
qualified to be a member of
Parliament if he—
(b) has been adjudged or otherwise
declared—
(i)
bankrupt under any law in force in
Ghana and has not been discharged;
or
(ii) to be of unsound mind or is
detained as a criminal lunatic
under any law in force in Ghana;
or
(c) has been convicted—
(i)
for high crime under this
Constitution or high treason or
treason or for an offence
involving the security of the
State, fraud, dishonesty or moral
turpitude; or
(ii) for any other offence
punishable by death or by sentence
of not less than ten years; or
(iii) for an offence relating to,
or connected with election under a
law in force in Ghana at any time;
or
(d) has been found by the report
of a commission or a committee of
inquiry to be incompetent to hold
public office or is a person in
respect of whom a commission or
committee of inquiry has found
that while being a public officer
he acquired assets unlawfully or
defrauded the State or mis-used or
abused his office, or wilfully
acted in a manner prejudicial to
the interest of the State, and the
findings have not been set aside
on appeal or judicial review; or
(e) is under sentence of death or
other sentence of imprisonment
imposed on him by any court; or
(f) is not qualified to be
registered as a voter under any
law relating to public elections;
or
(g) is otherwise disqualified by a
law in force at the time of the
coming into force of this
Constitution, not being
inconsistent with a provision of
this Constitution.
(3) A person shall not be eligible
to be a member of Parliament if
he—
(a) is prohibited from standing
election by a law in force in
Ghana by reason of his holding or
acting in an office the functions
of which involve a responsibility
for or are connected with the
conduct of, an election or
responsibility for, the
compilation or revision of an
electoral register; or
(b) is a member of the Police
Service, the Prisons Service, the
Armed Forces, the Judicial
Service, the Legal Service, the
Civil Service, the Audit Service,
the Parliamentary Service, the
Statistical Service, the Fire
Service, the Customs, Excise and
Preventive Service, the
Immigration Service, or the
Internal Revenue Service; or
(c) is a chief.
(4) For the purposes of paragraph
(d) of clause (2) of this article,
in the case of any findings made
by a commission or committee of
inquiry which is not a judicial or
quasi-judicial commission or
committee of inquiry, without
prejudice to any appeal against or
judicial review of that finding,
the finding shall not have the
effect of disqualifying a person
under that paragraph unless it has
been confirmed by a Government
white paper.
(5) A person shall not be taken to
be disqualified to be a member of
Parliament under paragraph (c) or
(d) of clause (2) of this article
if—
(a) ten years or more have passed
since the end of the sentence or
the date of the publication of the
report of the commission or
committee of inquiry; or
(b) he has been pardoned.
Article 95—The Speaker.
(1) There shall be a Speaker fo
Parliament who shall be elected by
the members of Parliament from
among persons who are members of
Parliament or who are qualified to
be elected as members of
Parliament.
(2) The Speaker shall vacate his
office—
(a) if he becomes a Minister of
State or a Deputy Minister; or
(b) if he resigns from office by
writing signed by him and
addressed to the Clerk to
Parliament; or
(c) if any circumstances arise
that; if he were not Speaker,
would disqualify him for election
as a member of Parliament; or
(d) if he is removed from office
by a resolution of Parliament
supported by the votes of not less
than three-quarters of all members
of Parliament.
(3) No business shall be
transacted in Parliament other
than an election to the office of
Speaker, at any time when the
office of Speaker is vacant.
(4) A person elected to the office
of Speaker shall, before entering
upon the duties of his office,
take and subscribe before
Parliament the oath of allegiance
and the Speaker's oath set out in
the Second Schedule to this
Constitution.
(5) The Speaker shall receive such
salary and allowances, and on
retirement, such retiring awards
as may be determined in accordance
with article 71 of this
Constitution.
(6) The salary and allowances
payable to the Speaker and any
retiring awards payable to him on
retirement shall be charged on the
Consolidated Fund.
(7) The salary and other
allowances payable to the Speaker
shall not be varied to his
disadvantage during his tenure of
office.
Article 96—Deputy Speakers.
(1) There shall be two Deputy
Speakers of Parliament—
(a) who shall be elected by the
members of Parliament from among
the members of Parliament; and
(b) both of whom shall not be
members of the same political
party.
(2) The members of Parliament
shall elect a person to the office
of Deputy Speaker when Parliament
first meets after a dissolution of
Parliament and if the office
becomes vacant otherwise than by
reason of a dissolution of
Parliament, at the first sitting
of Parliament after the office
becomes vacant.
(3) The provisions of clause (2)
of article 95 of this Constitution
shall apply in the case of a
Deputy Speaker.
Article 97—Tenure of Office of
Members.
(1) A member of Parliament shall
vacate his seat in Parliament—
(a) upon a dissolution of
Parliament; or
(b) if he is elected as Speaker of
Parliament; or
(c) if he is absent, without the
permission in writing of the
Speaker and he is unable to offer
a reasonable explanation to the
Parliamentary Committee on
Privileges from fifteen sittings
of a meeting of Parliament during
any period that Parliament has
been summoned to meet and
continues to meet; or
(d) if he is expelled from
Parliament after having been found
guilty of contempt of Parliament
by a committee of Parliament; or
(e) if any circumstances arise
such that, if he were not a member
of Parliament, would cause him to
be disqualified or ineligible for
election, under article 94 of this
Constitution; or
(f) if he resigns from office as a
member of Parliament by writing
under his hand addressed to the
Speaker; or
(g) if he leaves the party of
which he was a member at the time
of his election to Parliament to
join another party or seeks to
remain in Parliament as an
independent member; or
(h) if he was elected a member of
Parliament as an independent
candidate and joins a political
party.
(2) Notwithstanding paragraph (g)
of clause (1) of this article, a
merger of parties at the national
level sanctioned by the parties'
constitutions or membership of a
coalition government of which his
original party forms part, shall
not affect the status of any
member of Parliament.
Article 98—Emoluments of Members.
(1) A member of Parliament shall
be paid such salary and allowances
and provided with such facilities
as may be determined in accordance
with article 71 of this
Constitution.
(2) A member of Parliament shall
not hold any office of profit or
emoluments, whether private or
public and either directly or
indirectly, unless permitted to do
so by the Speaker acting on the
recommendations of a committee of
Parliament on the grounds that—
(a) holding that office will not
prejudice the work of a member of
Parliament; and
(b) no conflict of interest arises
or would arise as a result of the
member holding that office.
Article 99—Determination of
Membership.
(1) The High Court shall have
jurisdiction to hear and determine
any question whether—
(a) a person has been validly
elected as a member of Parliament
or the seat of a member has become
vacant; or
(b) a person has been validly
elected as a Speaker of Parliament
or, having been so elected, has
vacated the office of Speaker.
(2) A person aggrieved by the
determination of the High Court
under this article may appeal to
the Court of Appeal.
Procedure in Parliament
Article 100—Oath of Members.
(1) A member of Parliament shall,
before taking his seat in
Parliament, take and subscribe
before the Speaker and in the
presence of the members of
Parliament, the oath of allegiance
and the oath of a member of
Parliament set out in the Second
Schedule to this Constitution.
(2) A member of Parliament may,
before taking the oaths referred
to in clause (1) of this article,
take part in the election of the
Speaker.
Article 101—Presiding in
Parliament.
The Speaker shall preside in
Parliament at all sittings and in
his absence a Deputy Speaker shall
preside.
Article 102—Quorum in Parliament.
A
quorum of Parliament, apart from
the person presiding, shall be
one-third of all the members of
Parliament.
Article 103—Committees of
Parliament.
(1) Parliament shall appoint
standing committees and other
committees as may be necessary for
the effective discharge of its
functions.
(2) The standing committees shall
be appointed at the first meeting
of Parliament after the election
of the Speaker and the Deputy
Speakers.
(3) Committees of Parliament shall
be charged with such functions,
including the investigation and
inquiry into the activities and
administration of ministries and
departments as Parliament may
determine; and such investigation
and inquiries may extend to
proposals for legislation.
(4) Every member of Parliament
shall be a member of at least one
of the standing committees.
(5) The composition of the
committees shall, as much as
possible, reflect the different
shades of opinion in Parliament.
(6) A committee appointed under
this article shall have the
powers, rights and privileges of
the High Court or a Justice of the
High Court at a trial for—
(a) enforcing the attendance of
witnesses and examining them on
oath, affirmation or otherwise;
(b) compelling the production of
documents; and
(c) issuing a commission or
request to examine witnesses
abroad.
Article 104—Voting in Parliament.
(1) Except as otherwise provided
in this Constitution, matters in
Parliament shall be determined by
the votes of the majority of
members present and voting, with
at least half of all the members
of Parliament present.
(2) The Speaker shall have neither
an original nor casting vote.
(3) Where the votes on any motion
are equal it shall be taken to be
lost.
(4) Where Parliament is
considering a bill to amend the
Constitution, or where the voting
is in relation to the election or
removal of any person under this
Constitution or under any other
law, voting shall be in secret.
(5) A member who is a party to or
a partner in a firm which is a
party to a contract with the
Government shall declare his
interest and shall not vote on any
question relating to the contract.
Article 105—Unqualified Person
Sitting or Voting.
A
person who sits or votes in
Parliament knowing or having
reasonable grounds for knowing
that he is not entitled so to do
commits an offence and shall be
liable on conviction, to such
penalty as shall be prescribed by
or under an Act of Parliament.
Article 106—Mode of Exercising
Legislative Power.
(1) The power of Parliament to
make laws shall be exercised by
bills passed by Parliament and
assented to by the President.
(2) No bill, other than such a
bill as is referred to in
paragraph (a) of article 108 of
this Constitution, shall be
introduced in Parliament unless—
(a) it is accompanied by an
explanatory memorandum setting out
in detail the policy and
principles of the bill, the
defects of the existing law, the
remedies proposed to deal with
those defects and the necessity
for its introduction; and
(b) it has been published in the
Gazette at least fourteen days
before the date of its
introduction in Parliament.
(3) A bill affecting the
institution of chieftaincy shall
not be introduced in Parliament
without prior reference to the
National House of Chiefs.
(4) Whenever a bill is read the
first time in Parliament, it shall
be referred to the appropriate
committee appointed under article
103 of this Constitution which
shall examine the bill in detail
and make all such inquiries in
relation to it as the committee
considers expedient or necessary.
(5) Where a bill has been
deliberated upon by the
appropriate committee, it shall be
reported to Parliament.
(6) The report of the committee,
together with the explanatory
memorandum to the bill, shall form
the basis for a full debate on the
bill for its passage, with or
without amendments, or its
rejection, by Parliament.
(7) Where a bill passed by
Parliament is presented to the
President for assent he shall
signify, within seven days after
the presentation, to the Speaker
that he assents to the bill or
that he refuses to assent to the
bill, unless the bill has been
referred by the President to the
Council of State under article 90
of this Constitution.
(8) Where the President refuses to
assent to a bill, he shall, within
fourteen days after the refusal—
(a) state in a memorandum to the
Speaker any specific provisions of
the bill which in his opinion
should be reconsidered by
Parliament, including his
recommendations for amendments if
any; or
(b) inform the Speaker that he has
referred the bill to the Council
of State for consideration and
comment under article 90 of this
Constitution.
(9) Parliament shall reconsider a
bill taking into account the
comments made by the President or
the Council of State, as the case
may be, under clause (8) of this
article.
(10) Where a bill reconsidered
under clause (9) of this article
is passed by Parliament by a
resolution supported by the votes
of not less than two-thirds of all
the members of Parliament, the
President shall assent to it
within thirty days after the
passing of the resolution.
(11) Without prejudice to the
power of Parliament to postpone
the operation of a law, a bill
shall not become law until it has
been duly been passed and assented
to in accordance with the
provisions of this Constitution
and shall not come into force
unless it has been published in
the Gazette.
(12) The provisions of clauses (7)
to (10) of this article shall not
apply to a bill certified by the
Speaker as a bill to which the
provisions of article 108 of this
Constitution apply; and
accordingly, the President shall
give his assent to any such bill
when presented for assent.
(13) Where it is determined by a
committee of Parliament appointed
for the purpose that a particular
bill is of an urgent nature, the
provisions of the preceding
clauses of this article, other
than clause (1) and paragraph (a)
of clause (2) shall not apply, and
accordingly, the President shall
give his assent to the bill on its
presentation for assent.
(14) A bill introduced in
Parliament by or on behalf of the
President shall not be delayed for
more than three months in any
committee of Parliament.
Article 107—Retroactive
Legislation.
Parliament shall have no power to
pass any law—
(a) to alter the decision or
judgment of any court as between
the parties subject to that
decision or judgment; or
(b) which operates retrospectively
to impose any limitations on, or
to adversely affect the personal
rights and liberties of any person
or to impose a burden, obligation
or liability on any person except
in the case of a law enacted under
articles 178 to 182 of this
Constitution.
Article 108—Settlement of
Financial Matters.
Parliament shall not, unless the
bill is introduced or the motion
is introduced by, or on behalf of,
the President—
(a) proceed upon a bill including
an amendment to a bill, that, in
the opinion of the person
presiding, makes provision for any
of the following—
(i)
the imposition of taxation or the
alteration of taxation otherwise
than by reduction; or
(ii) the imposition of a charge on
the Consolidated Fund or other
public funds of Ghana or the
alteration of any such charge
otherwise than by reduction; or
(iii) the payment, issue or
withdrawal from the Consolidated
Fund or other public funds of
Ghana of any moneys not charged on
the Consolidated Fund or any
increase in the amount of that
payment, issue or withdrawal; or
(iv) the composition or remission
of any debt due to the Government
of Ghana; or
(b) proceed upon a motion,
including an amendment to a
motion, the effect of which, in
the opinion of the person
presiding, would be to make
provision for any of the purposes
specified in paragraph (a) of this
article.
Article 109—Professional
Organisations.
(1) Parliament may by law regulate
professional, trade and business
organisations.
(2) The affairs of an organisation
referred to in clause (1) of this
article shall be conducted on
democratic lines.
Article 110—Standing Orders of
Parliament.
(1) Subject to the provisions of
this Constitution, Parliament may,
by standing orders, regulate its
own procedure.
(2) Parliament may act
notwithstanding a vacancy in its
membership, including a vacancy
not filled when Parliament first
meets after a dissolution of
Parliament; and the presence or
the participation of a person not
entitled to be present or to
participate in the proceedings of
Parliament shall not invalidate
these proceedings.
Article 111—Attendance in
Parliament of Vice-President and
Ministers.
The Vice-President, or a Minister
or Deputy Minister who is not a
member of Parliament, shall be
entitled to participate in the
proceedings of Parliament and
shall be accorded all the
privileges of a member of
Parliament except that he is not
entitled to vote or to hold an
office in Parliament.
Summons, Dissolution, Etc.
Article 112—Sessions of
Parliament.
(1) A session of Parliament shall
be held at such place within Ghana
and shall commence at such time as
the Speaker may, by constitutional
instrument, appoint.
(2) A session of Parliament shall
be held at least once a year, so
that the period between the last
sitting of Parliament in one
session and the first sitting of
Parliament in the next session
does not amount to twelve months.
(3) Notwithstanding any other
provision of this article, fifteen
percent of members of Parliament
may request a meeting of
Parliament; and the Speaker shall,
within seven days after the
receipt of the request, summon
Parliament.
(4) Subject to clause (2) of
article 113 of this Constitution,
a general election of members of
Parliament shall be held within
thirty days before the expiration
of the period specified in clause
(1) of that article; and a session
of Parliament shall be appointed
to commence within fourteen days
after the expiration of that
period.
(5) 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.[As substituted by the
Constitution of the Republic of
Ghana (Amendment) Act, 1996 (Act
527), s.3]
(6) Notwithstanding clause (5) of
this article, a by-election shall
not be held within three months
before the holding of a general
election.
Article 113—Dissolution of
Parliament.
(1) Subject to clause (2) of this
article, Parliament shall continue
for four years from the date of
its first sitting and shall then
stand dissolved.
(2) At any time when Ghana is
actually engaged in war,
Parliament may, from time to time
by resolution supported by the
votes of not less than two-thirds
of all the members of Parliament,
extend the period of four years
specified in clause (1) of this
article for not more than twelve
months at a time, except that the
life of Parliament shall not be
extended under this clause for
more than four years.
(3) Where, after a dissolution of
Parliament but before the holding
of a general election, the
President is satisfied that owing
to the existence of a state of war
or of a state of public emergency
in Ghana or any part of Ghana, it
is necessary to recall Parliament,
the President shall cause to be
summoned the Parliament that has
been dissolved to meet.
(4) Unless the life of Parliament
is extended under the provisions
of clause (2) of this article, the
general election of members of
Parliament, shall proceed and the
Parliament that has been recalled
shall, if not sooner dissolved,
again stand dissolved on the date
appointed for the general
election.
Article 114—Gratuities for Members
of Parliament.
A
person who has served as a member
of Parliament for any period of
time shall, on his death or on his
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.[As
substituted by the Constitution of
the Republic of Ghana (Amendment)
Act, 1996 (Act 527), s.4]
Privileges and Immunities
Article 115—Freedom of Speech and
of Proceedings.
There shall be freedom of speech,
debate and proceedings in
Parliament and that freedom shall
not be impeached or questioned in
any court or place out of
Parliament.
Article 116—Immunity from
Proceedings for Acts in
Parliament.
(1) Subject to the provisions of
this article, but without
prejudice to the general effect of
article 115 of this Constitution,
civil or criminal proceedings
shall not be instituted against a
member of Parliament in any court
or place out of Parliament for any
matter or thing brought by him in
or before Parliament by petition,
bill, motion or otherwise.
(2) Whenever in the opinion of the
person presiding in Parliament a
statement made by a member is
prima facie defamatory of any
person, the person presiding shall
refer the matter for inquiry to
the Parliamentary committee on
privileges which shall report its
findings to Parliament not later
than thirty days after the matter
was referred to it.
(3) Where the committee referred
to in clause (2) of this article
reports to Parliament that the
statement made by the member is
defamatory of any person, the
member who made the statement
shall, within seven days after
that report, render an apology at
the bar of Parliament, the terms
of which shall be approved by the
Parliamentary committee on
privileges and communicated to the
person who has been defamed.
(4) Where a member refuses to
render an apology in accordance
with clause (3) of this article,
the Speaker shall suspend that
member for the duration of the
session of Parliament in which the
defamatory statement was made and
a member so suspended shall lose
his parliamentary privileges,
immunities and remuneration, but
they shall be restored to him if,
at any time before the end of the
session, he renders the apology as
required by clause (3) of this
article.
(5) A person who has made a
contemporaneous report of the
proceedings in Parliament,
including a statement which has
been the subject of an inquiry
under clause (2) of this article,
shall publish the apology referred
to in clause (3) of this article
or the suspension or the apology
referred to in clause (4) of this
article with the same prominence
as he published the first report.
(6) If a person fails to publish
the apology as required by clause
(5) of this article, he shall not
be protected by privilege.
Article 117—Immunity from Service
of Process and Arrest.
Civil or criminal process coming
from any court or place out of
Parliament shall not be served on,
or executed in relation to, the
Speaker or a member or the Clerk
to Parliament while he is on his
way to, attending at or returning
from, any proceedings of
Parliament.
Article 118—Immunity from Witness
Summons.
(1) Neither the Speaker, nor a
member of, nor the Clerk to,
Parliament shall be compelled,
while attending Parliament to
appear as a witness in any court
or place out of Parliament.
(2) The certificate of the Speaker
that a member or the Clerk is
attending the proceedings of
Parliament is conclusive evidence
of attendance at Parliament.
Article 119—Immunity from Service
as Juror.
Neither the Speaker, nor a member
of, nor the Clerk to, Parliament
shall be required to serve on a
jury in any court or place out of
Parliament.
Article 120—Immunity for
Publication of Proceedings.
Subject to the provisions of this
Constitution, a person shall not
be under any civil or criminal
liability in respect of the
publication of—
(a) the text or a summary of any
report, papers, minutes, votes and
proceedings of Parliament; or
(b) a contemporaneous report of
the proceedings of Parliament
unless it is shown that the
publication was effected
maliciously or otherwise without
good faith.
Article 121—Privileges of
Witnesses.
(1) A person summoned to attend to
give evidence or to produce a
paper, book, record or other
document before Parliament, shall
be entitled, in respect of his
evidence, or the production of the
document, as the case may be, to
the same privileges as if he were
appearing before a court.
(2) A public officer shall not be
required to produce before
Parliament a document where —
(a) the Speaker certifies—
(i)
that the document belongs to a
class of documents, the production
of which is injurious to the
public interest; or
(ii) that disclosure of the
contents of the document will be
injurious to the public interest;
or
(b) the National Security Council
certifies—
(i)
that the document belongs to a
class of documents, the production
of which is prejudicial to the
security of the State; or
(ii) that disclosure of the
contents of the document will be
prejudicial to the security of the
State.
(3) Where there is a doubt as to
the nature of a document such as
is referred to in clause (2) of
this article, the Speaker or the
National Security Council, as the
case may be, shall refer the
matter to the Supreme Court for
determination whether the
production, or the disclosure of
the contents, of the document
would be injurious to the public
interest or, as the case may be,
prejudicial to the security of the
State.
(4) An answer by a person to a
question put by Parliament shall
not be admissible in evidence
against him in any civil or
criminal proceedings out of
Parliament, except proceedings for
perjury brought under the criminal
law.
Contempt of Parliament.
Article 122—General Contempt.
An act or omission which obstructs
or impedes Parliament in the
performance of its functions or
which obstructs or impedes a
member or officer of Parliament in
the discharge of his duties, or
affronts the dignity of Parliament
or which tends either directly or
indirectly to produce that result,
is contempt of Parliament.
Article 123—Criminal Proceedings.
Where an act or omission which
constitutes contempt of Parliament
is an offence under the criminal
law, the exercise by Parliament of
the power to punish for contempt
shall not be a bar to the
institution of proceedings under
the criminal law.
The Parliamentary Service.
Article 124—The Parliamentary
Service.
(1) There shall be a Parliamentary
Service which shall form part of
the public services of Ghana.
(2) There shall be a Parliamentary
Service Board which shall consist
of—
(a) the Speaker, as chairman;
(b) four other members all of whom
shall be appointed by the Speaker,
acting in accordance with the
advice of a committee of
Parliament; and
(c) the Clerk to Parliament.
(3) There shall be a Clerk to
Parliament who shall be the head
of the Parliamentary Service.
(4) The appointment of the Clerk
and the other members of his staff
in the Parliamentary Service shall
be made by the Parliamentary
Service Board in consultation with
the Public Services Commission.
(5) The Parliamentary Service
Board shall, with the prior
approval of Parliament, make
regulations, by constitutional
instrument, prescribing the terms
and conditions of service of the
officers and other employees in
the Parliamentary Service and
generally for the effective and
efficient administration of the
Parliamentary Service.
CHAPTER ELEVEN—THE JUDICIARY
General
Article 125—The Judicial Power of
Ghana.
(1) Justice emanates from the
people and shall be administered
in the name of the Republic by the
Judiciary which shall be
independent and subject only to
this Constitution.
(2) Citizens may exercise popular
participation in the
administration of justice through
the institutions of public and
customary tribunals and the jury
and assessor systems.
(3) The judicial power of Ghana
shall be vested in the Judiciary,
accordingly, neither the President
nor Parliament nor any organ or
agency of the President or
Parliament shall have or be given
final judicial power.
(4) The Chief Justice shall,
subject to this Constitution, be
the Head of the Judiciary and
shall be responsible for the
administration and supervision of
the Judiciary.
(5) The Judiciary shall have
jurisdiction in all matters civil
and criminal, including matters
relating to this Constitution, and
such other jurisdiction as
Parliament may, by law, confer on
it.
Article 126—Composition and Mode
of Exercise of Power of Judiciary.
(1) The Judiciary shall consist of
—
(a) the Superior Courts of
Judicature comprising—
(i)
the Supreme Court;
(ii) the Court of Appeal; and
(iii) the High Court and Regional
Tribunals;
(b) such lower courts or tribunals
as Parliament may by law
establish.
(2) The Superior Courts shall be
superior courts of record and
shall have the power to commit for
contempt to themselves and all
such powers as were vested in a
court of record immediately before
the coming into force of this
Constitution.
(3) Except as otherwise provided
in this Constitution or as may
otherwise be ordered by a court in
the interest of public morality,
public safety or public order, the
proceedings of every court shall
be held in public.
(4) In the exercise of the
judicial power conferred on the
Judiciary by this Constitution or
any other law, the Superior Courts
may, in relation to any matter
within their jurisdiction, issue
such orders and directions as may
be necessary to ensure the
enforcement of any judgment,
decree or order of those courts.
Article 127—Independence of the
Judiciary.
(1) In the exercise of the
judicial power of Ghana, the
Judiciary, in both its judicial
and administrative functions,
including financial
administration, is subject only to
this Constitution and shall not be
subject to the control or
direction of any person or
authority.
(2) Neither the President nor
Parliament nor any person acting
under the authority of the
President or Parliament nor any
other person whatsoever shall
interfere with Judges or judicial
officers or other persons
exercising judicial power, in the
exercise of their judicial
functions; and all organs and
agencies of the State shall accord
to the courts such assistance as
the courts may reasonably require
to protect the independence,
dignity and effectiveness of the
courts, subject to this
Constitution.
(3) A Justice of a Superior Court,
or any person exercising judicial
power, shall not be liable to any
action or suit for any act or
omission by him in the exercise of
the judicial power.
(4) The administrative expenses of
the Judiciary, including all
salaries, allowances, gratuities
and pensions payable to or in
respect of, persons serving in the
judiciary, shall be charged on the
Consolidated Fund.
(5) The salary, allowances,
privileges and rights in respect
of leave of absence, gratuity,
pension and other conditions of
service of a Justice of the
Superior Court or any judicial
officer or other person exercising
judicial power, shall not be
varied to his disadvantage.
(6) Funds voted by Parliament, or
charged on the Consolidated Fund
by this Constitution for the
Judiciary, shall be released to
the Judiciary in quarterly
instalments.
(7) For the purposes of clause (1)
of this article, "financial
administration" includes the
operation of banking facilities by
the Judiciary without the
interference of any person or
authority, other than for the
purposes of audit by the
Auditor-General, of the funds
voted by Parliament or charged on
the Consolidated Fund by this
Constitution or any other law, for
the purposes of defraying the
expenses of the Judiciary in
respect of which the funds were
voted or charged.
The Supreme Court.
Article 128—Composition of Supreme
Court and Qualifications of its
Justices.
(1) The Supreme Court shall
consist of the Chief Justice and
not less than nine other Justices
of the Supreme Court.
(2) The Supreme Court shall be
duly constituted for its work by
not less than five Supreme Court
Justices except as otherwise
provided in article 133 of this
Constitution.
(3) The Chief Justice shall
preside at sittings of the Supreme
Court and in his absence, the most
senior of the Justices of the
Supreme Court, as constituted,
shall preside.
(4) A person shall not be
qualified for appointment as a
Justice of the Supreme Court
unless he is of high moral
character and proven integrity and
is of not less than fifteen years'
standing as a lawyer.
Article 129—General Jurisdiction
of Supreme Court.
(1) The Supreme Court shall be the
final court of appeal and shall
have such appellate and other
jurisdiction as may be conferred
on it by this Constitution or by
any other law.
(2) The Supreme Court shall not be
bound to follow the decisions of
any other court.
(3) The Supreme Court may, while
treating its own previous
decisions as normally binding,
depart from a previous decision
when it appears to it right to do
so; and all other courts shall be
bound to follow the decisions of
the Supreme Court on questions of
law.
(4) For the purposes of hearing
and determining a matter within
its jurisdiction and the
amendment, execution or the
enforcement of a judgment or order
made on any matter, and for the
purposes of any other authority,
expressly or by necessary
implication given to the Supreme
Court by this Constitution or any
other law, the Supreme Court shall
have all the powers, authority and
jurisdiction vested in any court
established by this Constitution
or any other law.
Article 130—Original Jurisdiction
of Supreme Court.
(1) Subject to the jurisdiction of
the High Court in the enforcement
of the Fundamental Human Rights
and Freedoms as provided in
article 33 of this Constitution,
the Supreme Court shall have
exclusive original jurisdiction
in—
(a) all matters relating to the
enforcement or interpretation of
this Constitution; and
(b) all matters arising as to
whether an enactment was made in
excess of the powers conferred on
Parliament or any other authority
or person by law or under this
Constitution.
(2) Where an issue that relates to
a matter or question referred to
in clause (1) of this article
arises in any proceedings in a
court other than the Supreme
Court, that court shall stay the
proceedings and refer the question
of law involved to the Supreme
Court for determination; and the
court in which the question arose
shall dispose of the case in
accordance with the decision of
the Supreme Court.
Article 131—Appellate Jurisdiction
of Supreme Court.
(1) An appeal shall lie from a
judgment of the Court of Appeal to
the Supreme Court—
(a) as of right in a civil or
criminal cause or matter in
respect of which an appeal has
been brought to the Court of
Appeal from a judgment of the High
Court or a Regional Tribunal in
the exercise of its original
jurisdiction; or
(b) with the leave of the Court of
Appeal, in any other cause or
matter, where the case was
commenced in a court lower than
the High Court or a Regional
Tribunal and where the Court of
Appeal is satisfied that the case
involves a substantial question of
law or is in the public interest.
(2) Notwithstanding clause (1) of
this article, the Supreme Court
may entertain an application for
special leave to appeal to the
Supreme Court in any cause or
matter, civil or criminal, and may
grant leave accordingly.
(3) The Supreme Court shall have
appellate jurisdiction, to the
exclusion of the Court of Appeal,
to determine matters relating to
the conviction or otherwise of a
person for high treason or treason
by the High Court.
(4) An appeal from a decision of
the Judicial Committee of the
National House of Chiefs shall lie
to the Supreme Court with the
leave of that Judicial Committee
or the Supreme Court.
Article 132—Supervisory
Jurisdiction of Supreme Court.
The Supreme Court shall have
supervisory jurisdiction over all
courts and over any adjudicating
authority and may, in the exercise
of that supervisory jurisdiction,
issue orders and directions for
the purpose of enforcing or
securing the enforcement of its
supervisory power.
Article 133—Power of Supreme Court
to Review its Decisions.
(1) The Supreme Court may review
any decision made or given by it
on such grounds and subject to
such conditions as may be
prescribed by rules of court.
(2) The Supreme Court, when
reviewing its decisions under this
article, shall be constituted by
not less than seven Justices of
the Supreme Court.
Article 134—Powers of a Single
Justice of Supreme Court.
A
single Justice of the Supreme
Court may exercise power vested in
the Supreme Court not involving
the decision of a cause or matter
before the Supreme Court, except
that—
(a) in criminal matters, where
that Justice refuses or grants an
application in the exercise of any
such power, a person affected by
it is entitled to have the
application determined by the
Supreme Court constituted by three
Justices of the Supreme Court; and
(b) in civil matters, any order,
direction or decision made or
given under this article may be
varied, discharged or reversed by
the Supreme Court, constituted by
three Justices of the Supreme
Court.
Article 135—Production of Official
Documents in Court.
(1) The Supreme Court shall have
exclusive jurisdiction to
determine whether an official
documents shall not be produced in
court because its production or
the disclosure of its contents
will be prejudicial to the
security of the State or will be
injurious to the public interest.
(2) Where any issue referred to in
clause (1) to this article arises
as to the production or otherwise
of an official document in any
proceedings before any court,
other than the Supreme Court, the
proceedings in that other court
shall be suspended while the
Supreme Court examines the
document and determines whether
the document should be produced or
not; and mines whether the
document shall make the
appropriate order.
(3) The proceedings of the Supreme
Court as to whether an official
document may be produced shall be
held in camera.
The Court of Appeal.
Article 136—Composition of Court
of Appeal and Qualifications of
its Justices.
(1) The Court of Appeal shall
consist of—
(a) the Chief Justice;
(b) subject to clauses (2) and (3)
of this article, not less than ten
Justices of the Court of Appeal;
and
(c) such other Justices of the
Superior Court of Judicature as
the Chief Justice may, for the
determination of a particular
cause or matter by writing signed
by him, request to sit in the
Court of Appeal for any specified
period.
(2) The Court of Appeal shall be
duly constituted by any three of
the Justices referred to in clause
(1) of this article and when so
constituted, the most senior of
the Justices shall preside.
(3) A person shall not be
qualified for appointment as a
Justice of the Court of Appeal
unless he is of high moral
character and proven integrity and
is of not less than twelve years'
standing as a lawyer.
(4) The Chief Justice may create
such divisions of the Court of
Appeal as he considers necessary
to sit in such places as he may
determine.
(5) Subject to clause (3) of
article 129 of this Constitution,
the Court of Appeal shall be bound
by its own previous decisions, and
all courts lower than the Court of
Appeal shall follow the decisions
of the Court of Appeal on
questions of law.
Article 137—Jurisdiction of Court
of Appeal.
(1) The Court of Appeal shall have
jurisdiction throughout Ghana to
hear and determine, subject to the
provisions of this Constitution,
appeal, from a judgment, decree or
order of the High Court and
Regional Tribunals and such other
appellate jurisdiction as may be
conferred on it by this
Constitution or any other law.
(2) Except as otherwise provided
in this Constitution, an appeal
shall lie as of right from a
judgment, decree or order of the
High Court and a Regional Tribunal
to the Court of Appeal.
(3) For the purposes of hearing
and determining an appeal within
its jurisdiction and the
amendment, execution or the
enforcement of a judgment order
made on any appeal, and, for the
purposes of any other authority
expressly or by necessary
implication given to the Court of
Appeal by this Constitution or any
other law, the Court of Appeal
shall have all the powers,
authority and jurisdiction vested
in the court from which the appeal
is brought.
Article 138—Powers of a Single
Justice of Court of Appeal.
A
single Justice of the Court of
Appeal may exercise a power vested
in the Court of Appeal not
involving the decision of a cause
or matter before the Court of
Appeal, except that—
(a) in criminal matters, where
that Justice refuses or grants an
application in the exercise of any
such power, a person affected by
it is entitled to have the
application determined by the
Court of Appeal as duly
constituted; and
(b) in civil matters, any order,
direction or decision made or
given in exercise of the powers
conferred by this article, may be
varied, discharged or reversed by
the Court of Appeal as duly
constituted.
The High Court.
Article 139—Composition of High
Court and Qualifications of its
Justices.
(1) The High Court shall consist
of—
(a) the Chief Justice;
(b) not less than twenty Justices
of the High Court; and
(c) such other Justices of the
Superior Court of Judicature as
the Chief Justice may, by writing
signed by him, request to sit as
High Court Justices for any
period.
(2) The High Court shall be
constituted—
(a) by a single Justice of the
Court; or
(b) by a single Justice of the
Court and injury; or
(c) by a single Justice of the
Court with assessors; or
(d) by three Justices of the Court
for the trial of the offence of
high treason or treason as
required by article 19 of this
Constitution.
(3) There shall be in the High
Court such divisions consisting of
such number of Justices
respectively as the Chief Justice
may determine.
(4) A person shall not be
qualified for appointment as a
Justice of the High Court unless
he is a person of high moral
character and proven integrity and
is of a least ten years' standing
as a lawyer.
Article 140—Jurisdiction of the
High Court.
(1) The High Court shall, subject
to the provisions of this
Constitution, have jurisdiction in
all matters and in particular, in
civil and criminal matters and
such original, appellate and other
jurisdiction as may be conferred
on it by this Constitution or any
other law.
(2) The High Court shall have
jurisdiction to enforce the
Fundamental Human Rights and
Freedoms guaranteed by this
Constitution.
(3) The High Court shall have no
power, in a trial for the offence
of high treason or treason, to
convict any person for an offence
other than high treason or
treason.
(4) A justice of the High Court
may, in accordance with rules of
court, exercise in court or in
chambers, all or any of the
jurisdiction vested in the High
Court by this Constitution or any
other law.
(5) For the purposes of hearing
and determining an appeal within
its jurisdiction and the
amendment, execution or the
enforcement of a judgment or order
made on any appeal, and for the
purposes of any other authority,
expressly or by necessary
implication given to the High
Court by this Constitution or any
other law, the High Court shall
have all the powers, authority,
and jurisdiction vested in the
Court from which the appeal is
brought.
Article 141—Supervisory
Jurisdiction of the High Court.
The High Court shall have
supervisory jurisdiction over all
lower courts and any lower
adjudicating authority; and may,
in the exercise of that
jurisdiction, issue orders and
directions for the purpose of
enforcing or securing the
enforcement of its supervisory
powers.
Regional Tribunals.
Article 142—Establishment and
Composition of Regional Tribunals
and Qualifications of Chairmen and
Other Panel Members.
(1) There shall be established in
each region of Ghana such Regional
Tribunals as the Chief Justice may
determine.
(2) A Regional Tribunal shall
consist of—
(a) the Chief Justice;
(b) one Chairman; and
(c) such members who may or may
not be lawyers as shall be
designated by the Chief Justice to
sit as panel members of a Regional
Tribunal and for such period as
shall be specified in writing by
the Chief Justice.
(3) A Regional Tribunal shall be
duly constituted by a panel
consisting of the Chairman and not
less than two other panel members.
(4) A person shall not be
appointed to be a Chairman of a
Regional Tribunal unless he is
qualified to be appointed a
Justice of the High Court.
(5) A panel member of a Regional
Tribunal shall be a person of high
moral character and proven
integrity.
Article 143—Jurisdiction of
Regional Tribunals.
(1) A Regional Tribunal shall have
jurisdiction to try such offences
against the State and the public
interest as Parliament may, by
law, prescribe.
(2) A Regional Tribunal shall have
such appellate jurisdiction
relating to the matters described
in clause (1) of this article, as
may be prescribed by law.
(3) For the purpose of hearing and
determining an appeal within its
jurisdiction and the amendment,
execution or enforcement of a
judgment or order on any appeal,
and for the purposes of any other
authority expressly or by
necessary implication given to it
by this Constitution or any other
law, a Regional Tribunal shall
have all the powers, authority and
jurisdiction vested in the
tribunal from which the appeal is
brought.
Appointment, Retirement and
Removal of Justices of Superior
Courts and Chairmen and Other
Members of Regional Tribunals.
Article 144—Appointment of Justice
of Superior Courts and Chairmen
and Other Members of Regional
Tribunals.
(1) The Chief Justice shall be
appointed by the President acting
in consultation with the Council
of State and with the approval of
Parliament.
(2) The other Supreme Court
Justices shall be appointed by the
President acting on the advice of
the Judicial Council, in
consultation with the Council of
State and with the approval of
Parliament.
(3) Justices of the Court of
Appeal and of the High Court and
Chairmen of Regional Tribunals
shall be appointed by the
President acting on the advice of
the Judicial Council.
(4) Panel members of Regional
Tribunals other than the Chairmen
shall be appointed by the Chief
Justice in consultation with the
Regional Co-ordinating Council for
the region and on the advice of
the Judicial Council.
(5) Justices of the Superior
Courts and Chairmen of Regional
Tribunals shall be appointed by
warrant under the hand of the
President and sealed by the
Presidential seal.
(6) Where the office of Chief
Justice is vacant, or where the
Chief Justice is for any reason
unable to perform the functions of
his office—
(a) until a person has been
appointed to, and has assumed the
functions of, that office; or
(b) until the person holding that
office has resumed the functions
of that office; as the case may
be,
those functions shall be performed
by the most senior of the Justice
of the Supreme Court.
(7) The office of a Justice of the
Superior Court shall not be
abolished while there is a
substantive holder in office.
(8) A Chairman of a Regional
Tribunal shall enjoy the same
salary, allowances, gratuity and
pension conditions as a Justice of
the High Court.
(9) Where the office of a Justice
of the High Court or a Chairman of
the Regional Tribunal is vacant or
for any reason, a Justice of the
High Court or a Chairman of the
Regional Tribunal is unable to
perform the functions of his
office, or if the Chief Justice
advises the President that the
state of business in the High
Court or Regional Tribunal so
requires, the President may,
acting in accordance with the
advice of the Judicial Council,
appoint a person who has held
office as, or a person qualified
for appointment as, a Justice of
the High Court or a Chairman of
the Regional Tribunal to act as a
Justice of the High Court or a
Chairman of the Regional Tribunal.
(10) A person appointed under
clause (9) of this article to act
as a Justice of the High Court or
a Chairman of the Regional
Tribunal shall continue to act for
the period of his appointment or,
where no period is specified,
until his appointment is revoked
by the President, acting in
accordance with the advice of the
Judicial Council.
(11) Notwithstanding the
expiration of the period of his
appointment or the revocation of
his appointment under clause (10)
of this article, a person
appointed under clause (9) of this
article may thereafter continue to
act for a period not exceeding six
months, to enable him to deliver
judgment or do any other thing in
relation to proceedings that were
commenced before him previous to
the expiration or revocation.
Article 145—Retirement and
Resignation of Justice of the
Superior Courts and Chairmen of
Regional Tribunals.
(1) A Justice of a Superior Court
or a Chairman of a Regional
Tribunal may retire at anytime
after attaining the age of sixty
years.
(2) A Justice of a Superior Court
or a Chairman of a Regional
Tribunal shall vacate his office—
(a) in the case of a Justice of
the Supreme Court or the Court of
Appeal, on attaining the age of
seventy years; or
(b) in the case of a Justice of
the High Court or a Chairman of a
Regional Tribunal, on attaining
the age of sixty-five years; or
(c) upon his removal from office
in accordance with article 146 of
this Constitution.
(3) A Justice of the Superior
Court of Judicature or a Chairman
of a Regional Tribunal may resign
his office by writing signed by
him and addressed to the
President.
(4) Notwithstanding that he has
attained the age at which he is
required by this article to vacate
his office, a person holding
office as a Justice of a Superior
Court or Chairman of a Regional
Tribunal may continue in office
for a period not exceeding six
months after attaining that age,
as may be necessary to enable him
to deliver judgment or do any
other thing in relation to
proceedings that were commenced
before him previous to his
attaining that age.
Article 146—Removal of Justice of
Superior Courts and Chairmen of
Regional Tribunals.
(1) A Justice of the Superior
Court or a Chairman of a Regional
Tribunal shall not be removed from
office except for stated
misbehaviour or incompetence or on
ground of inability to perform the
functions of his office arising
from infirmity of body or mind.
(2) A Justice of the Superior
Court of Judicature or a Chairman
of a Regional Tribunal may only be
removed in accordance with the
procedure specified in this
article.
(3) If the President receives a
petition for the removal of a
Justice of a Superior Court other
than the Chief Justice or for the
removal of the Chairman of a
Regional Tribunal, he shall refer
the petition to the Chief Justice,
who shall determine whether there
is a prima facie case.
(4) Where the Chief Justice
decides that there is a prima
facie case, he shall set up a
committee consisting of three
Justices of the Superior Courts or
Chairmen of the Regional Tribunals
or both, appointed by the Judicial
Council and two other persons who
are not members of the Council of
State, nor members of Parliament,
nor lawyers, and who shall be
appointed by the Chief Justice on
the advice of the Council of
State.
(5) The committee appointed under
clause (4) of this article shall
investigate the complaint and
shall make its recommendation to
the Chief Justice who shall
forward them to the President.
(6) Where the petition is for the
removal of the Chief Justice, the
President shall, acting in
consultation with the Council of
State, appoint a committee
consisting of two Justices of the
Supreme Court, one of whom shall
be appointed chairman by the
President, and three other persons
who are not members of the Council
of State, nor members of
Parliament, nor lawyers.
(7) The committee appointed under
clause (6) of this article shall
inquire into the petition and
recommend to the President whether
the Chief Justice ought to be
removed from office.
(8) All proceedings under this
article shall be held in camera,
and the Justice or Chairman
against whom the petition is made
is entitled to be heard in his
defence by himself or by a lawyer
or other expert of his choice.
(9) The President shall, in each
case, act in accordance with the
recommendations of the committee.
(10) Where a petition has been
referred to a committee under this
article, the President may—
(a) in the case of the Chief
Justice, acting in accordance with
the advice of the Council of
State, by warrant signed by him,
suspend the Chief Justice;
(b) in the case of any other
Justice of a Superior Court or of
a Chairman of a Regional Tribunal,
acting in accordance with the
advice of the Judicial Council,
suspend that Justice or that
Chairman of a Regional Tribunal.
(11) The President may, at any
time, revoke a suspension under
this article.
Article 147—Service Conditions and
Removal of Panel Members of
Regional Tribunal Other Than the
Chairman.
(1) A panel member of a Regional
Tribunal, other than the Chairman,
shall have such allowances and
benefits as may be determined by
the President acting on the advice
of the Judicial Council.
(2) A panel member of a Regional
Tribunal other than the Chairman
may be removed by the Chief
Justice acting on the advice of
the Judicial Council and of the
Regional Co-ordinating Council on
grounds of stated misbehaviour or
incompetence or on ground of
inability to perform his functions
arising from infirmity of body or
mind.
(3) For the purposes of clause (2)
of this article the panel member
concerned is entitled to be heard
in his defence by himself or by a
lawyer or other expert of his
choice.
Appointment, Retirement and
Removal of Judicial Officers.
Article 148—Appointment of
Judicial Officers.
Subject to the provisions of this
article, the power to appoint
persons to hold or to act in a
judicial office shall be vested,
subject to the approval of the
President, in the Chief Justice
acting on the advice of the
Judicial Council.
Article 149—Conditions of Service
of Judicial Officers.
Judicial officers shall receive
such salaries, allowances,
facilities and privileges and
other benefits as the President
may, acting on the advice of the
Judicial Council, determine.
Article 150—Retirement and
Resignation of Judicial Officers.
(1) A judicial officer—
(a) may retire from his office at
any time after attaining the age
of forty-five years; and
(b) shall vacate his office on
attaining the age of sixty years.
(2) A judicial officer may resign
his office by writing addressed to
the Chief Justice.
Article 151—Removal of Judicial
Officers.
(1) A person holding a judicial
office may be removed from office
by the Chief Justice on grounds
only of stated misbehaviour,
incompetence or inability to
perform his functions arising from
infirmity of body or mind and upon
a resolution supported by the
votes of not less than two-thirds
of all the members of the Judicial
Council.
(2) For the purpose of clause (1)
of this article, the judicial
officer shall be entitled to be
heard in his defence by himself or
by a lawyer or other expert of his
choice.
Article 152—Appointment,
Allowances and Removal of Lower
Court or Tribunal Panel Members.
(1) A panel member of a lower
court or tribunal other than the
person presiding—
(a) shall be appointed by the
Chief Justice acting on the advice
of the Judicial Council and in
consultation with the relevant
District Assembly from among
persons of high moral character
and proven integrity;
(b) shall be paid such allowances
and benefits as the Judicial
Council may determine; and
(c) may be removed by the Chief
Justice on the advice of the
Judicial Council on ground of
stated misbehavior, incompetence
or inability to perform his
functions arising from infirmity
of body or mind.
(2) For the purposes of paragraph
(c) of clause(1) of this article
the panel member concerned is
entitled to be heard in his
defence by himself or by a lawyer
or other expert of his choice.
The Judicial Council.
Article 153—Judicial Council.
There shall be a Judicial Council
which shall comprise the following
persons—
(a) the Chief Justice who shall be
Chairman;
(b) the Attorney-General;
(c) a Justice of the Supreme Court
nominated by the Justices of the
Supreme Court;
(d) a Justice of the Court of
Appeal nominated by the Justices
of the Court of Appeal;
(e) a Justice of the High Court
nominated by the Justices of the
High Court;
(f) two representatives of the
Ghana Bar Association one of whom
shall be a person of not less than
twelve years' standing as a
lawyer;
(g) a representative of the
Chairmen of Regional Tribunals
nominated by the Chairmen;
(h) a representative of the lower
courts or tribunals;
(i)
the Judge Advocate-General of the
Ghana Armed Forces;
(j) the Head of the Legal
Directorate of the Police Service;
(k) the Editor of the Ghana Law
Reports;
(l) a representative of the
Judicial Service Staff Association
nominated by the Association;
(m) a chief nominated by the
National House of Chiefs; and
(n) four other persons who are not
lawyers appointed by the
President.
Article 154—Functions of Judicial
Council.
(1) The functions of the Judicial
Council are—
(a) to propose for the
consideration of Government,
judicial reforms to improve the
level of administration of justice
and efficiency in the Judiciary;
(b) to be a forum for
consideration and discussion of
matters relating to the discharge
of the functions of the Judiciary
and thereby assist the Chief
Justice in the performance of his
duties with a view to ensuring
efficiency and effective
realization of justice; and
(c) to perform any other functions
conferred on it by or under this
Constitution or any other law not
inconsistent with this
Constitution.
(2) The Judicial Council may
establish such committees as it
considers necessary to which it
shall refer matters relating to
the Judiciary.
Miscellaneous.
Article 155—Retiring Awards of
Superior Court Justices.
(1) Notwithstanding the provisions
of this Chapter, a Justice of the
Superior Court of Judicature who
has attained the age of sixty
years or above, shall, on
retiring, in addition to any
gratuity payable to him, be paid a
pension equal to the salary
payable for the time being to the
Justice of the Superior Court from
which he retired where—
(a) he has served for ten
continuous years or more as a
Justice of the Superior Court of
Judicature; or
(b) he has served for twenty years
or more in the public service at
least five continuous years of
which were as a Justice of the
Superior Court of Judicature; and
upon retirement under this clause,
he shall not hold any private
office of profit or emolument
whether directly or indirectly.
(2) For the avoidance of doubt,
the pension paid to a person under
clause (1) of this article shall
be subject to the same changes and
increases as the salary of a
serving Justice of the Superior
Court of Judicature.
(3) A Justice of the Superior
Court of Judicature may, in lieu
of retiring under clause (1) of
this article, retire if he has
attained the age prescribed as
retiring age for public officers
generally, and shall be paid
retiring awards based on his total
public service, including service
as a Justice of the Superior Court
of Judicature, but otherwise at
the same rate as is, for the time
being applicable to the public
service generally.
Article 156—Judicial Oath.
(1) A Justice of a Superior Court,
the Chairman of a Regional
Tribunal, and also a person
presiding over a lower court or
tribunal, and any other judicial
officer or person whose functions
involve the exercise by him of
judicial power shall, before
assuming the exercise of the
duties of his office, take and
subscribe the oath of allegiance
and the Judicial Oath set out in
the Second Schedule to this
Constitution.
(2) The President may, on the
advice of the Chief Justice,
direct that any other person
connected with the exercise of
judicial power, shall take and
subscribe the Judicial Oath.
(3) The oath of allegiance and the
judicial oath required by this
article shall be taken and
subscribed—
(a) in the case of the Chief
Justice or other Justice of a
Superior Court, and a Chairman of
a Regional Tribunal, before the
President; and
(b) in the case of any other
person, before the Chief Justice
or before any other Justice of a
Superior Court or Chairman of a
Regional Tribunal as the Chief
Justice may direct.
Article 157—Rules of Court.
(1) There shall be a Rules of
Court Committee which shall
consist of—
(a) the Chief Justice, who shall
be Chairman;
(b) six members of the Judicial
Council other than the Chief
Justice nominated by the Judicial
Council;
(c) two lawyers, one of not less
than ten and the other of not more
than five years' standing, both of
whom shall be nominated by the
Ghana Bar Association.
(2) The Rules of Court Committee
shall, by constitutional
instrument, make rules and
regulations for regulating the
practice and procedure of all
courts in Ghana.
(3) Without prejudice to clause
(2) of this article, no person
sitting in a Superior Court for
the determination of any cause or
matter shall, having heard the
arguments of the parties to that
cause or matter and before
judgment is delivered, withdraw as
a member of the court or tribunal,
or as a member of the panel
determining that cause or matter,
nor shall that person become
functus officio in respect of that
cause or matter, until judgment is
delivered.
Article 158—Other Officers and
Employees of Courts.
(1) The appointment of officers
and employees of the courts other
than those expressly provided for
by other provisions of this
Constitution, shall be made by the
Chief Justice or other Justice or
other officer of the Court as the
Chief Justice may direct in
writing.
(2) The Judicial Council shall,
acting in consultation with the
Public Services Commission and
with the prior approval of the
President, by constitutional
instrument, make regulations
prescribing the terms and
conditions of service of the
persons to whom clause (1) of this
article applies.
Article 159—Regulations by Chief
Justice.
The Chief Justice may, acting in
accordance with the advice of the
Judicial Council and with the
approval of the President, by
constitutional instrument, make
regulations for the efficient
performance of the functions of
the Judicial Service and the
Judicial Council under this
Chapter.
Article 160—Fees of the Courts to
Form Part of Consolidated Fund.
The fees, fines and other moneys
paid to the Courts shall form part
of the Consolidated Fund.
Article 161—Interpretation.
In this Chapter, unless the
context otherwise requires—
"court" includes a tribunal;
"judicial Office" means—
(a) the office of a person
presiding over a lower court or
tribunal howsoever described;
(b) the office of the Judicial
Secretary or Registrar of the
Superior Courts;
(c) such other offices connected
with any court as may be
prescribed by constitutional
instrument made by the Chief
Justice acting in accordance with
the advice of the Judicial Council
and with the approval of the
President;
"judicial officer" means the
holder of a judicial office; and
"supervisory jurisdiction"
includes jurisdiction to issue
writs or orders in the nature of
habeas corpus, certiorari,
mandamus, prohibition and quo
warranto.
CHAPTER TWELVE—FREEDOM AND
INDEPENDENCE OF THE MEDIA
Article 162—Freedom and
Responsibility of Media.
(1) Freedom and independence of
the media are hereby guaranteed.
(2) Subject to this Constitution
and any other law not inconsistent
with this Constitution, there
shall be no censorship in Ghana.
(3) There shall be no impediments
to the establishment of private
press or media; and in particular,
there shall be no law requiring
any person to obtain a licence as
a prerequisite to the
establishment or operation of a
newspaper, journal or other media
for mass communication or
information.
(4) Editors and publishers of
newspapers and other institutions
of the mass media shall not be
subject to control or interference
by Government, nor shall they be
penalized or harassed for their
editorial opinions and views, or
the content of their publications.
(5) All agencies of the mass media
shall, at all times, be free to
uphold the principles, provisions
and objectives of this
Constitution, and shall uphold the
responsibility and accountability
of the Government to the people of
Ghana.
(6) Any medium for the
dissemination of information to
the public which publishes a
statement about or against any
person shall be obliged to
publish a rejoinder, if any, from
the person in respect of whom the
publication was made.
Article 163—Responsibility of
State-Owned Media.
All state-owned media shall afford
fair opportunities and facilities
for the presentation of divergent
views and dissenting opinions.
Article 164—Limitation on Rights
and Freedoms.
The provisions of articles 162 and
163 of this Constitution are
subject to laws that are
reasonably required in the
interest of national security,
public order, public morality and
for the purpose of protecting the
reputations, rights and freedoms
of other persons.
Article 165—Media Rights and
Freedoms to be Additional to
Fundamental Human Rights.
For the avoidance of doubt, the
provisions of this Chapter shall
not be taken to limit the
enjoyment of any of the
fundamental human rights and
freedoms guaranteed under Chapter
5 of this Constitution.
Article 166—National Media
Commission.
(1) There shall be established by
Act of Parliament within six
months after Parliament first
meets after the coming into force
of this Constitution, a National
Media Commission which shall
consist of eighteen members as
follows—
(a) one representative each
nominated by
(i)
the Ghana Bar Association;
(ii) the Publishers and Owners of
the Private Press;
(iii) the Ghana Association of
Writers and the Ghana Library
Association;
(iv) the Christian group (the
National Catholic Secretariat, the
Christian Council, and the Ghana
Pentecostal Council);
(v) the Federation of Muslim
Councils and Ahmadiyya Mission;
(vi) the training institutions of
journalist and communicators;
(vii) the Ghana Advertising
Association and the Institute of
Public Relations of Ghana; and
(viii) the Ghana National
Association of Teachers;
(ix) the National Council on Women
and Development;
(x) the Trade Unions Congress;
(xi) the Association of Private
Broadcasters;[As inserted by the
Constitution of the Republic of
Ghana (Amendment) Act, 1996 (Act
527), s. 5(a).]
(b) two representatives nominated
by the Ghana Journalists
Association;
(c) two persons appointed by the
President; and
(d) three persons nominated by
Parliament.
(2) The Commission shall elect its
own Chairman.
(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.[As inserted by the
Constitution of the Republic of
Ghana (Amendment) Act, 1996 (Act
527), s.5(c)]
Article 167—Functions of the
Commission.
The functions of the National
Media Commission are—
(a) to promote and ensure the
freedom and independence of the
media for mass communication or
information;
(b) to take all appropriate
measures to ensure the
establishment and maintenance of
the highest journalistic standards
in the mass media, including the
investigation, mediation and
settlement of complaints made
against or by the press or other
mass media;
(c) to insulate the state-owned
media from governmental control;
(d) to make regulations by
constitutional instrument for the
registration of newspapers and
other publications, except that
the regulations shall not provide
for the exercise of any direction
or control over the professional
functions of a person engaged in
the production of newspapers or
other means of mass communication;
and
(e) to perform such other
functions as may be prescribed by
law not inconsistent with this
Constitution.
Article 168—Appointment of Board
Members of State-Owned Media.
The Commission shall appoint the
chairman and other members of the
governing bodies of public
corporations managing the
state-owned media in consultation
with the President.
Article 169—Appointment of
Editors.
Editors of the state-owned media
shall be appointed by the
governing bodies of the respective
corporations in consultation with
the Public Services Commission.
Article 170—Staff of Commission.
The Commission shall appoint the
officers and other employees of
the Commission in consultation
with the Public Services
Commission.
Article 171— Expenses of
Commission Charged on Consolidated
Fund.
The administrative expenses of the
National Media Commission,
including salaries, allowances and
pensions payable to or in respect
of persons serving with the
Commission shall be charged on the
Consolidated Fund.
Article 172—Independence of
Commission.
Except as otherwise provided by
this Constitution or by any other
law not inconsistent with this
Constitution, the National Media
Commission shall not be subject to
the direction or control of any
person or authority in the
performance of its functions.
Article 173—Independence of
Journalists.
Subject to article 167 of this
Constitution, the National Media
Commission shall not exercise any
control or direction over the
professional functions of a person
engaged in the production of
newspapers or other means of
communication.
CHAPTER THIRTEEN—FINANCE.
General.
Article 174—Taxation.
(1) No taxation shall be imposed
otherwise than by or under the
authority of an Act of Parliament.
(2) Where an Act, enacted in
accordance with clause (1) of this
article, confers power on any
person or authority to waive or
vary a tax imposed by that Act,
the exercise of the power of
waiver or variation, in favour of
any person or authority, shall be
subject to the prior approval of
Parliament by resolution.
(3) Parliament may by resolution,
supported by the votes of not less
than two-thirds of all members of
Parliament, exempt the exercise of
any power from the provisions of
clause (2) of this article.
Article 175—Public Funds of Ghana.
The public funds of Ghana shall be
the Consolidated Fund, the
Contingency Fund and such other
public funds as may be established
by or under the authority of an
Act of Parliament.
Article 176—The Consolidated Fund.
(1) There shall be paid into the
Consolidated Fund, subject to the
provisions of this article—
(a) all revenues or other moneys
raised or received for the
purposes of, or on behalf of, the
Government; and
(b) any other moneys raised or
received in trust for, or on
behalf of, the Government.
(2) The revenues or other moneys
referred to in clause (1) of this
article shall not include revenues
or other moneys—
(a) that are payable by or under
an Act of Parliament into some
other fund established for
specific purposes; or
(b) that may, by or under an Act
of Parliament, be retained by the
department of government that
received them for the purposes of
defraying the expenses of that
department.
Article 177—Contingency Fund.
(1) There shall be paid into the
Contingency Fund moneys voted for
the purpose by Parliament; and
advances may be made from that
Fund which are authorised by the
committee responsible for
financial measures in Parliament
whenever that committee is
satisfied that there has arisen an
urgent or unforeseen need for
expenditure for which no other
provision exists to meet the need.
(2) Where an advance is made from
the Contingency Fund a
supplementary estimate shall be
presented as soon as possible to
Parliament for the purpose of
replacing the amount so advanced.
Article 178—Withdrawal from Public
Funds, Etc.
(1) No moneys shall be withdrawn
from the Consolidated Fund except—
(a) to meet expenditure that is
charged on that Fund by this
Constitution or by an Act of
Parliament; or
(b) where the issue of those
moneys has been authorised—
(i)
by an Appropriation Act; or
(ii) by a supplementary estimate
approved by resolution of
Parliament passed for the purpose;
or
(iii) by an Act of Parliament
enacted under article 179 of this
Constitution; or
(iv) by rules or regulations made
under an Act of Parliament in
respect of trust moneys paid into
the Consolidated Fund.
(2) No moneys shall be withdrawn
from any public fund, other than
the Consolidated Fund and the
Contingency Fund, unless the issue
of those moneys has been
authorised by or under the
authority of an Act of Parliament.
Article 179—Authorisation of
Expenditure.
(1) The President shall cause to
be prepared and laid before
Parliament at least one month
before the end of the financial
year, estimates of the revenues
and expenditure of the Government
of Ghana for the following
financial year.
(2) The estimates of the
expenditure of all public offices
and public corporations, other
than those set up as commercial
ventures—
(a) shall be classified under
programmes or activities which
shall be included in a bill to be
known as an Appropriation Bill and
which shall be introduced into
Parliament to provide for the
issue from the Consolidated Fund
or such other appropriate fund, of
the sums of money necessary to
meet that expenditure and the
appropriation of those sums for
the purposes specified in that
bill; and
(b) shall in respect of payments
charged on the Consolidated Fund,
be laid before Parliament for the
information of members of
Parliament.
(3) The Chief Justice shall, in
consultation with the Judicial
Council, cause to be submitted to
the President at least two months
before the end of each financial
year, and thereafter as and when
the need arises—
(a) the estimates of
administrative expenses of the
Judiciary charged on the
Consolidated Fund under article
127 of this Constitution; and
(b) estimates of development
expenditure of the Judiciary.
(4) The President shall, at the
time specified in clause (1) of
this article, or thereafter, as
and when submitted to him under
clause (3) of this article, cause
the estimates referred to in
clause (3) of this article to be
laid before Parliament.
(5) The estimates shall be laid
before Parliament under clause (4)
by the President without revision
but with any recommendations that
the Government may have on them.
(6) The development expenditure of
the Judiciary, if approved by
Parliament, shall be a charge on
the Consolidated Fund.
(7) Parliament shall prescribe the
procedure for the presentation of
Appropriation Bills.
(8) Where, in respect of a
financial year, it is found that
the amount of moneys appropriated
by the Appropriation Act for any
purpose is insufficient or that a
need has arisen for expenditure
for a purpose for which no sum of
moneys has been appropriated by
that Act, a supplementary estimate
showing the sum of money required,
shall be laid before Parliament
for its approval.
(9) Where, in the case of a
financial year, a supplementary
estimate has been approved by
Parliament in accordance with
clause (8) of this article, a
supplementary Appropriation Bill
shall be introduced into
Parliament in the financial year
next following the financial year
to which the estimate relates,
providing for the appropriation of
the sum so approved for the
purposes specified in that
estimate.
(10) Notwithstanding the
provisions of the preceding
clauses of this article, the
President may cause to be prepared
and laid before Parliament,
estimates of revenue and
expenditure of Ghana for periods
of over one year.
(11) Whenever in the estimates
prepared in accordance with
clauses (1) and (8) of this
article provision is made for an
item or vote other than for the
Contingency Fund, not relating to
a specific item of expenditure,
any moneys voted by Parliament in
respect of that item or vote shall
be under the control and
supervision of a Committee which
shall consist of the President,
the Speaker and the Chairman of
the Council of State.
Article 180—Expenditure in Advance
of Appropriation.
Where it appears to the President
that the Appropriation Act in
respect of any financial year will
not come into operation by the
beginning of that financial year,
he may, with the prior approval of
Parliament by a resolution,
authorise the withdrawal of moneys
from the Consolidated Fund for the
purpose of meeting expenditure
necessary to carry on the services
of the Government in respect of
the period expiring three months
from the beginning of the
financial year or on the coming
into operation of the Act
whichever is earlier.
Article 181—Loans.
(1) Parliament may, by a
resolution supported by the votes
of a majority of all the members
of Parliament, authorise the
Government to enter into an
agreement for the granting of a
loan out of any public fund or
public account.
(2) An agreement entered into
under clause (1) of this article
shall be laid before Parliament
and shall not come into operation
unless it is approved by a
resolution of Parliament.
(3) No loan shall be raised by the
Government on behalf of itself or
any other public institution or
authority otherwise than by or
under the authority of an act of
Parliament.
(4) An Act of Parliament enacted
in accordance with clause (3) of
this article shall provide—
(a) that the terms and conditions
of a loan shall be laid before
Parliament and shall not come into
operation unless they have been
approved by a resolution of
Parliament; and
(b) that any moneys received in
respect of that loan shall be paid
into the Consolidated Fund and
form part of that Fund or into
some other public fund of Ghana
either existing or created for the
purposes of the loan.
(5) This article shall, with the
necessary modifications by
Parliament, apply to an
international business or economic
transaction to which the
Government is a party as it
applies to a loan.
(6) For the purposes of this
article, "loan" includes any
moneys lent or given to or by the
Government on condition of return
or repayment, and any other form
of borrowing or lending in respect
of which—
(a) moneys from the Consolidated
Fund or any other public fund may
be used for payment or repayment;
or
(b) moneys from any fund by
whatever name called, established
for the purposes of payment or
repayment whether directly or
indirectly, may be used for
payment or repayment.
(7) The Minister responsible for
finance shall, at such times as
Parliament may determine, present
to Parliament any information
concerning any discrepancies
relating to—
(a) the granting of loans, their
repayment and servicing;
(b) the payment into the
Consolidated Fund or other public
fund of moneys derived from loans
raised on institutions outside
Ghana.
Article 182—Public Debt.
(1) The public debt of Ghana shall
be charged on the Consolidated
Fund and other public funds of
Ghana.
(2) For the purposes of this
article, the public debt shall
include interest on that debt,
sinking fund payments and
redemption moneys in respect of
that debt and the costs, charges
and expenses incidental to the
management of that debt.
Article 183—Central Bank.
(1) The Bank of Ghana shall be the
Central Bank of Ghana and shall be
the only authority to issue the
currency of Ghana.
(2) The Bank of Ghana shall—
(a) promote and maintain the
stability of the currency of Ghana
and direct and regulate the
currency system in the interest of
the economic progress of Ghana;
(b) be the sole custodian of State
funds of Ghana both in and outside
Ghana and may, by notice published
in the Gazette, authorise any
other person or authority to act
as a custodian of any such fund as
may be specified in the notice;
(c) encourage and promote economic
development and the efficient
utilisation of the resources of
Ghana through effective and
efficient operation of a banking
and credit system in Ghana; and
(d) do all other things not
inconsistent with this article as
may be prescribed by law.
(3) The Governor of the Bank of
Ghana shall, for the purposes of
this article, disallow any
transaction or transfer involving
directly or indirectly, any
foreign exchange whether in or
outside Ghana, which is contrary
to law.
(4) The following shall apply to
the Governor of the Bank of Ghana—
(a) he shall be appointed by the
President acting in consultation
with the Council of State for
periods of four years each;
(b) he shall, notwithstanding
article 285 of this Constitution
be the chairman of the governing
body of the Bank of Ghana;
(c) his emoluments shall not be
reduced while he continues to hold
office as Governor;
(d) he shall not be removed from
office except on the same grounds
and in the same manner as a
Justice of the Superior Court of
Judicature, other than the Chief
Justice, may be removed.
Article 184—Foreign Exchange
Dealings.
(1) The Committee of Parliament
responsible for financial measures
shall monitor the foreign exchange
receipts and payments or transfers
of the Bank of Ghana in and
outside Ghana and shall report on
them to Parliament once in every
six months.
(2) The Bank of Ghana shall, not
later than three months
(a) after the end of the first six
months of its financial year; and
(b) after the end of its financial
year;
submit to the Auditor-General for
audit, a statement of its foreign
exchange receipts and payments or
transfers in and outside Ghana.
(3) The Auditor-General shall, not
later than three months after the
submission of the statement
referred to in clause (2) of this
article, submit his report to
Parliament on the statement.
(4) Parliament shall debate the
report of the Auditor-General and
appoint, where necessary, in the
public interest, a committee to
deal with any matters arising form
the report.
Statistical Service.
Article 185—Statistical Service.
(1) There shall be a Statistical
Service which shall form part of
the public services of Ghana.
(2) The head of the Statistical
Service shall be the Government
Statistician.
(3) The Government Statistician
shall be appointed by the
President in consultation with the
Council of State.
Article 186—Statistical Service
Board.
(1) There shall be a Statistical
Service Board which shall consist
of—
(a) a chairman and not more than
five other members all of whom
shall be appointed by the
President having regard to their
expert knowledge, in consultation
with the Council of State; and
(b) the Government Statistician.
(2) The Government Statistician,
under the supervision of the
Statistical Service Board, shall
be responsible for the collection,
compilation, analysis and
publication of socio-economic data
on Ghana and shall perform such
other functions as may be
prescribed by or under an Act of
Parliament.
(3) The Statistical Service Board
may prescribe the manner in which
data may be compiled and kept by
any person or authority in Ghana.
The Auditor-General.
Article 187—The Auditor-General.
(1) There shall be an
Auditor-General of Ghana whose
office shall be a public office.
(2) The public accounts of Ghana
and of all public offices,
including the courts, the central
and local government
administrations, of the
Universities and public
institutions of like nature, of
any public corporation or other
body or organisation established
by an Act of Parliament shall be
audited and reported on by the
Auditor-General.
(3) For the purposes of clause (2)
of this article, the
Auditor-General or any person
authorised or appointed for the
purpose by the Auditor shall have
access to all books, records,
returns and other documents
relating or relevant to those
accounts.
(4) The public accounts of Ghana
and of all other persons or
authorities referred to in clause
(2) of this article shall be kept
in such form as the
Auditor-General shall approve.
(5) The Auditor-General shall,
within six months after the end of
the immediately preceding
financial year to which each of
the accounts mentioned in clause
(2) of this article relates,
submit his report to Parliament
and shall, in that report, draw
attention to any irregularities in
the accounts audited and to any
other matter which in his opinion
ought to be brought to the notice
of Parliament.
(6) Parliament shall debate the
report of the Auditor-General and
appoint where necessary, in the
public interest, a committee to
deal with any matters arising from
it.
(7) In the performance of his
functions under this Constitution
or any other law the
Auditor-General—
(a) shall not be subject to the
direction or control of any other
person or authority:
(b) may disallow any item of
expenditure which is contrary to
law and surcharge —
(i)
the amount of any expenditure
disallowed upon the person
responsible for incurring or
authorising the expenditure; or
(ii) any sum which has not been
duly brought into account, upon
the person by whom the sum ought
to have been brought into account;
or
(iii) the amount of any loss or
deficiency, upon any person by
whose negligence or misconduct the
loss or deficiency has been
incurred.
(8) Paragraph (a) of clause (7) of
this article shall not preclude
the President, acting in
accordance with the advice of the
Council of State, from requesting
the auditor-General in the public
interest, to audit, at any
particular time, the accounts of
any such body or organisation as
is referred to in clause (2) of
this article.
(9) A person aggrieved by a
disallowance or surcharge made by
the Auditor-General may appeal to
the High Court.
(10) The Rules of Court Committee
may, by constitutional instrument,
make Rules of Court for the
purposes of clause (9) of this
article.
(11) The salary and allowances
payable to the Auditor-General
shall be a charge on the
Consolidated Fund.
(12) The salary and allowances
payable to the Auditor-General,
his rights in respect of leave of
absence, retiring award or
retiring age shall not be varied
to his disadvantage during his
tenure of office.
(13) The provisions of article 146
of this Constitution relating to
the removal of a Justice of the
Superior Court of Judicature from
office shall apply to the
Auditor-General.
(14) The administrative expenses
of the office of the
Auditor-General including all
salaries, allowances, gratuities
and pensions payable to or in
respect of persons serving in the
Audit Service shall be a charge on
the Consolidated Fund.
(15) The accounts of the office of
the Auditor-General shall be
audited and reported upon by an
auditor appointed by Parliament.
(16) A person appointed to be the
Auditor-General of Ghana shall,
before entering upon the duties of
his office, take and subscribe the
Oath of the Auditor-General set
out in the Second Schedule to this
Constitutions.
The Audit Service.
Article 188—The Audit Service.
There shall be an Audit Service
which shall form part of the
public services of Ghana.
Article 189—The Audit Service
Board.
(1) There shall be an Audit
Service Board which shall consist
of —
(a) a chairman and four other
members appointed by the
President, acting in consultation
with the Council of State;
(b) the Auditor-General; and
(c) the Head of the Civil Service
or his representative.
(2) The appointment of officers
and other employees in the Audit
Service, other than the
Auditor-General, shall be made by
the Audit Service Board, acting in
consultation with the Public
Services Commission.
(3) The Audit Service Board shall,
acting in consultation with the
Public Services Commission—
(a) determine the terms and
conditions of service of officers
and other employees in the Audit
Service; and
(b) by constitutional instrument,
make regulations for the effective
and efficient administration of
the Audit Service.
(4) A member of the Audit Service
Board, other than the
Auditor-General or the Head of the
Civil Service or his
representative, may be removed
from office by the President,
acting in accordance with the
advice of the Council of State,
for inability to perform the
functions of his office arising
from infirmity of mind or body or
for any other sufficient cause.
CHAPTER FOURTEEN—THE PUBLIC
SERVICES.
Article 190—The Public Service of
Ghana.
(1) The Public Services of Ghana
shall include—
(a) the Civil Service,
the Judicial Service,
the Audit Service,
the Education Service,
the Prisons Service,
the Parliamentary Service,
the Health Service,
the Statistical Service,
the National Fire Service,
the Customs, Excise and Preventive
Service,
the Internal Revenue Service,
the Police Service,
the Immigration Service; and
the Legal Service;
(b) public corporations other than
those set up as commercial
ventures;
(c) public services established by
this Constitution; and
(d) such other public services as
Parliament may by law prescribe.
(2) The Civil Service shall, until
provision is otherwise made by
Parliament, comprise service in
both central and local government.
(3) Subject to the provisions of
this Constitution, an Act of
Parliament enacted by virtue of
clause (1) of this article shall
provide for—
(a) the governing council for the
public service to which it
relates;
(b) the functions of that service;
and
(c) the membership of that
service.
(4) For the purposes of this
article "public corporation" means
a public corporation established
in accordance with article 192 of
this Constitution other than one
set up as a commercial venture.
Article 191—Protection of Public
Officers.
A
member of the public services
shall not be—
(a) victimized or discriminated
against for having discharged his
duties faithfully in accordance
with this Constitution; or
(b) dismissed or removed from
office or reduced in rank or
otherwise punished without just
cause.
Article 192—Establishment of
Public Corporations.
A
public corporation shall not be
established except by Act of
Parliament.
Article 193—Head of the Civil
Service.
(1) The President shall, acting in
accordance with the advice of the
Public Services Commission,
appoint a public officer as the
Head of the Civil Service.
(2) Subject to the provisions of
this Constitution, the Head of the
Civil Service shall not hold any
other public office.
Article 194—The Public Services
Commission.
(1) There shall be a Public
Services Commission which shall
perform such functions as assigned
to it by this Constitution or by
any other law.
(2) The Public Services Commission
shall consist of—
(a) a chairman, a vice-chairman
and three other members who shall
be full-time members of the
Commission; and
(b) such other members as
Parliament may, subject to article
70 of this Constitution, by law
prescribe.
(3) A person shall not be
qualified to be appointed a member
of the Public Services Commission—
(a) if he is not qualified to be
elected as a member of Parliament;
or
(b) if he is otherwise
disqualified from holding a public
office.
(4) A person holding a public
office shall, upon being appointed
a full-time member of the Public
Services Commission, resign from
that public office.
(5) Subject to clause (6) of this
article, the terms and conditions
of service including retiring ages
of a Justice of the Court of
Appeal shall apply to the Chairman
of the Public Services Commission
and those of a Justice of the High
Court shall apply to the
Vice-Chairman.
(6) The provisions of article 146
of this Constitution relating to
the removal from office of a
Justice of the Superior Court of
Judicature, shall apply—
(a) to the full-time members of
the Public Services Commission;
(b) to the members of the
Commission referred to in
paragraph (b) of clause (2) of
this article, before the
expiration of their period of
service as provided by law.
(7) The salaries, allowances,
facilities and privileges payable
or available to the members of the
Commission other than the Chairman
and Vice-Chairman, shall be
determined under article 71 of
this Constitution.
Article 195—Appointments, Etc. of
Public Officers.
(1) Subject to the provisions of
this Constitution, the power to
appoint persons to hold or to act
in an office in the public
services shall vest in the
President, acting in accordance
with the advice of the governing
council of the service concerned
given in consultation with the
Public Services Commission.
(2) The President may, subject to
such conditions as he may think
fit, delegate some of his
functions under this article by
directions in writing to the
governing council concerned or to
a committee of the council or to
any member of that governing
council or to any public officer.
(3) The power to appoint persons
to hold or act in an office in a
body of higher education, research
or professional training, shall
vest in the council or other
governing body of that institution
or body.
Article 196—Other Functions of the
Public Services Commission.
The Public Services Commission
shall have such powers and
exercise such supervisory,
regulatory and consultative
functions as Parliament shall, by
law, prescribe, including as may
be applicable, the supervision and
regulation of entrance and
promotion examinations,
recruitment and appointment into
or promotions within, the public
services, and the establishment of
standards and guidelines on the
terms and conditions of employment
in the public services.
Article 197—Regulations.
The Public Services Commission
may, subject to the approval of
the President, make regulations by
constitutional instrument, for the
effective and efficient
performance of its functions under
this Constitution or any other
law.
Article 198—Independence of
Commission.
Except as otherwise provided in
this Constitution, or any other
law not inconsistent with this
Constitution, the Public Services
Commission shall not be subject to
the control or direction of any
person or authority in the
performance of its functions.
Article 199—Retiring Age and
Pension.
(1) A public officer shall, except
as otherwise provided in this
Constitution, retire from the
public service on attaining the
age of sixty years.
(2) A public officer may, except
as otherwise provided in this
Constitution, retire from the
public service at any time after
attaining the age of forty-five
years.
(3) The pension payable to any
person shall be exempt from tax.
(4) Notwithstanding clause (1) of
this article, a public officer who
has retired from the public
service after 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.[As
inserted by the Constitution of
the Republic of Ghana (Amendment)
Act, 1996 (Act 527), s.6]
CHAPTER FIFTEEN—THE POLICE SERVICE
Article 200—The Police Service.
(1) There shall be a Police
Service of Ghana.
(2) No person or authority shall
raise any police service except by
or under the authority of an Act
of Parliament.
(3) The Police Service shall be
equipped and maintained to perform
its traditional role of
maintaining law and order.
Article 201—The Police Council.
There shall be established a
Police Council which shall consist
of—
(a) a chairman who shall be
appointed by the President acting
in consultation with the Council
of State;[As inserted by the
Constitution of the Republic of
Ghana (Amendment) Act, 1996 (Act
527), s.7]
(b) the Minister responsible for
internal affairs;
(c) the Inspector-General of
Police;
(d) the Attorney-General or his
representative;
(e) a lawyer nominated by the
Ghana Bar Association;
(f) a representative of the
Retired Senior Police Officers
Association;
(g) two members of the Police
Service, appointed by the
President, acting in consultation
with the Council of State, one of
whom shall be of a junior rank;
and
(h) two other members appointed by
the President.
Article 202—Inspector-General of
Police and Appointment of Members
of Police Service.
(1) The Inspector-General of
Police shall be appointed by the
President acting in consultation
with the Council of State.
(2) The Inspector-General of
Police shall be head of the Police
Service and shall, subject to the
provisions of this article and to
the control and direction of the
Police Council, be responsible for
the operational control and the
administration of the Police
Service.
(3) Subject to the provisions of
this Constitution, the power to
appoint persons to hold or to act
in an office in the Police Service
shall vest in the President,
acting in accordance with the
advice of the Police Council.
(4) The president may, subject to
such conditions as he thinks fit,
delegate some of his functions
under this article by directions
in writing to the Police Council
or to a committee, or to a member,
of the Council.
Article 203—Functions of the
Police Council.
(1) The Police Council shall
advise the President on matters of
policy relating to internal
security, including the role of
the Police Service, budgeting and
finance, administration and the
promotion of officers above the
rank of Assistant Commissioner of
Police.
(2) The Police Council may, with
the prior approval of the
President, by constitutional
instrument, make regulations for
the performance of its functions
under this Constitution or any
other law and for the effective
and efficient administration of
the Police Service.
(3) Regulations made under clause
(2) of this article shall include
regulations in respect of —
(a) the control and administration
of the Police Service;
(b) the ranks of officers and men
of each unit of the Police
Service, the members of each rank
and the use of uniforms by the
members;
(c) the conditions of service
including those relating to the
enrolment, salaries, pensions,
gratuities and other allowances of
officers and men;
(d) the authority and powers of
command of officers and men of the
Police Service; and
(e) the delegation to other
persons of powers to discipline
persons and the conditions subject
to which delegations may be made.
Article 204—Regional Police
Committees.
(1) There shall be established for
each region a Regional Police
Committee which shall consist of—
(a) the Minister of State
appointed for the region, who
shall be chairman;
(b) the two most senior members of
the Police Service in the region;
(c) a representative of each
district in the region appointed
by the District Assembly in the
district;
(d) a lawyer practising in the
region nominated by the Ghana Bar
Association;
(e) a representative of the
Attorney-General; and
(f) a representative of the
Regional House of Chiefs.
(2) A Regional Police Committee
shall advise the Police Council on
any matter relating to the
administration of the Police
Council on any matter relating to
the administration of the Police
Service in the region.
CHAPTER SIXTEEN—THE PRISONS
SERVICE
Article 205—The Prisons Service.
(1) There shall be a Prisons
Service of Ghana.
(2) The Prisons Service shall be
equipped and maintained to perform
its traditional role efficiently.
Article 206—The Prisons Service
Council.
There shall be established a
Prisons Service Council which
shall consist of—
(a) a chairman who shall be
appointed by the President acting
in consultation with the Council
of State;[As inserted by the
Constitution of the Republic of
Ghana (Amendment) Act, 1996 (Act
527), s.8]
(b) the Minister responsible for
internal affairs;
(c) the Director-General of the
Prisons Service;
(d) a medical practitioner
nominated by the Ghana Medical
Association;
(e) a lawyer nominated by the
Ghana Bar Association;
(f) the Attorney-General or his
representative;
(g) a representative of the
Ministry or department of state
responsible for social welfare;
(h) a representative of such
religious bodies as the President
may, in consultation with the
Council of State, appoint;
(i)
two members of the Prisons Service
appointed by the President in
consultation with the Council of
State one of whom shall be of a
junior rank;
(j) a representative of the
National House of Chiefs; and
(k) two other members appointed by
the President.
Article 207—Director-General of
Prisons Service and Appointment of
Members of Service.
(1) The Director-General of the
Prisons Service shall be appointed
by the President, acting in
consultation with the Council of
State.
(2) The Director-General of the
Prisons Service shall, subject to
the provisions of this article and
to the control and direction of
the Prisons Service Council, be
responsible for the operational
control and the administration of
the Prisons Service.
(3) Subject to the provisions of
this Constitution, the power to
appoint persons to hold or to act
in an office in the Prisons
Service shall vest in the
President, acting in accordance
with the advice of the Prisons
Service Council.
(4) The President may, subject to
such conditions as he thinks fit,
delegate some of his functions
under this article by directions
in writing to the Prisons Service
Council or to a committee, or a
member, of the Council.
Article 208—Functions of Prisons
Service Council.
(1) The Prisons Service Council
shall advise the President on
matters of policy relating to the
organisation and maintenance of
the prison system in Ghana
including the role of the Prisons
Service, prisons budgeting and
finance, administration and the
promotion of officers above the
rank of Assistant Director of
Prisons.
(2) The Prisons Service Council
may, with the prior approval of
the President, by constitutional
instrument, make regulations for
the performance of its functions
under this Constitution or any
other law and for the effective
and efficient administration of
prisons and the Prisons Service.
(3) Regulations made under clause
(2) of this article shall include
provisions relating to—
(a) the control and administration
of prisons and the Prisons
Service;
(b) the ranks of officers and men
of the Prisons Service, the
members of each rank and the use
of uniforms by the members;
(c) the conditions of service
including those relating to the
enrolment, salaries, pensions,
gratuities and other allowances of
officers and men;
(d) the authority and powers of
command of the officers and men of
the Prisons Service;
(e) the delegation to other
persons of powers to discipline
persons and the conditions subject
to which delegations may be made;
(f) the parole system and the
periodic review of the conditions
of prisoners and all other persons
in legal custody at intervals of
not more than one year;
(g) the conditions under which
persons may be admitted into
prisons;
(h) the making of reports of
unjustified treatment of, and
cruelty to, prisoners and persons
in legal custody and the manner in
which the reports should be dealt
with;
(i)
the appointment and composition of
welfare committees for prisoners
and discharged prisoners and other
persons released from legal
custody;
(j) ready access by lawyers to
prisoners and other persons in
legal custody; and
(k) such measures, generally, as
will ensure the humane treatment
and welfare of prisoners and other
persons in legal custody,
including the provision of
literature and writing material.
Article 209—Regional Prisons
Committees.
(1) There shall be established for
each region a Regional Prisons
Committee which shall consist of —
(a) the Minister of State
appointed for the region, who
shall be chairman;
(b) the most senior member of the
Prisons Service in the region;
(c) a representative of the
Attorney-General;
(d) a lawyer practising in the
region nominated by the Ghana Bar
Association;
(e) the Regional Director of
Health Services;
(f) a medical practitioner in the
region nominated by the Ghana
Medical Association;
(g) the Regional Director of
Social Welfare;
(h) a representative of the
Regional House of Chiefs; and
(i)
representatives of such religious
bodies as the Regional Minister
may deem fit to appoint.
(2) A Regional Prisons Committee
shall advise the Prisons Service
Council and the Director-General
of the Prisons Service on any
matter relating to the
administration of prisons and of
the Prisons Service in the region.
CHAPTER SEVENTEEN—THE ARMED FORCES
OF GHANA
Article 210—Armed Forces of Ghana.
(1) There shall be the Armed
Forces of Ghana which shall
consist of the Army, the Navy and
the Air Force and such other
services for which provision is
made by Parliament.
(2) No person shall raise an armed
force except by or under the
authority of an Act of Parliament.
(3) The Armed Forces shall be
equipped and maintained to perform
their role of defence of Ghana as
well as such other functions for
the development of Ghana as the
President may determine.
Article 211— Armed Forces Council.
There shall be established an
Armed Forces Council which shall
consist of —
(a) a chairman who shall be the
President or his nominee;[As
inserted by the Constitution of
the Republic of Ghana (Amendment)
Act, 1996 (Act 527), s.9]
(b) the Ministers responsible for
defence, foreign affairs and
internal affairs;
(c) the Chief of Defence Staff,
the Service Chiefs and a senior
Warrant Officer or its equivalent
in the Armed Forces; and
(d) two other persons appointed by
the President acting in
consultation with the Council of
State.
Article 212—Appointments.
(1) The President shall, acting in
consultation with the Council of
State, appoint—
(a) the Chief of Defence Staff of
the Armed Forces; and
(b) the Service Chiefs.
(2) The President may, acting in
accordance with the advice of the
Armed Forces Council, appoint
officers of the Armed Forces who
shall be given such command as the
Armed Forces Council shall
determine.
(3) The President shall, acting in
accordance with the advice of the
Armed Forces Council, grant
commissions to officers of the
Armed Forces.
(4) Subject to clause (3) of this
article, the power to appoint
persons to hold or to act in an
office in the Armed Forces shall
vest in the President, acting in
accordance with the advice of the
Armed Forces Council.
Article 213—The Chief of Defence
Staff.
The Chief of Defence Staff of the
Armed Forces shall, subject to the
provisions of this article, and to
the control and direction of the
Armed Forces Council on matters of
policy, be responsible for the
administration and the operational
control and command of the Armed
Forces.
Article 214—Functions of Armed
Forces Council.
(1) The Armed Forces Council shall
advise the President on matters of
policy relating to defence and
strategy including the role of the
Armed Forces, military budgeting
and finance, administration and
the promotion of officers above
the rank of Lieutenant-Colonel or
its equivalent.
(2) The Armed Forces Council may,
with the prior approval of the
President, by constitutional
instrument, make regulations for
the performance of its functions
under this Constitution or any
other law, and for the effective
and efficient administration of
the Armed Forces.
(3) Regulations made under clause
(2) of this article shall include
regulations in respect of—
(a) the control and administration
of the services of the Armed
Forces;
(b) the ranks of officers and men
of each service, the members in
each rank and the use of uniforms
by the officers and men;
(c) the conditions of service
including those relating to the
enrolment, salaries, pensions,
gratuities and other allowances of
officers and men of each service
and deductions from them;
(d) the authority and powers of
command of officers and men of
each service;
(e) the delegation to other
persons of powers of commanding
officers to try accused persons
and the conditions subject to
which delegations may be made; and
(f) the establishment of research
and development units in each
service.
Article 215—Delegation of
Functions.
The Armed Forces Council may,
subject to such conditions as it
may consider fit, delegate some of
its functions under this Chapter
by directions in writing to a
committee or a member of the
Council.
CHAPTER EIGHTEEN—COMMISSION ON
HUMAN RIGHTS AND ADMINISTRATIVE
JUSTICE
Article 216—Commission on Human
Rights and Administrative Justice.
There shall be established by Act
of Parliament within six months
after Parliament first meets after
the coming into force of this
Constitution, a Commission on
Human Rights and Administrative
Justice which shall consist of—
(a) a Commissioner for Human
Rights and Administrative Justice;
and
(b) two Deputy Commissioners for
Human Rights and Administrative
Justice.
Article 217—Appointment of Members
of Commission.
The President shall appoint the
members of the Commission under
article 70 of this Constitution.
Article 218—Functions of
Commission.
The functions of the Commission
shall be defined and prescribed by
Act of Parliament and shall
include the duty—
(a) to investigate complaints of
violations of fundamental rights
and freedoms, injustice,
corruption, abuse of power and
unfair treatment of any person by
a public officer in the exercise
of his official duties;
(b) to investigate complaints
concerning the functioning of the
Public Services Commission, the
administrative organs of the
State, the Armed Forces, the
Police Service and the Prisons
Service in so far as the
complaints relate to the failure
to achieve a balanced structuring
of those services or equal access
by all to the recruitment of those
services or fair administration in
relation to those services;
(c) to investigate complaints
concerning practices and actions
by persons, private enterprises
and other institutions where those
complaints allege violations of
fundamental rights and freedoms
under this Constitution;
(d) to take appropriate action to
call for the remedying, correction
and reversal of instances
specified in paragraphs (a), (b)
and (c) of this clause through
such means as are fair, proper and
effective, including —
(i)
negotiation and compromise between
the parties concerned;
(ii) causing the complaint and its
finding on it to be reported to
the superior of an offending
person;
(iii) bringing proceedings in a
competent Court for a remedy to
secure the termination of the
offending action or conduct, or
the abandonment or alteration of
the offending procedures; and
(iv) bringing proceedings to
restrain the enforcement of such
legislation or regulation by
challenging its validity if the
offending action or conduct is
sought to be justified by
subordinate legislation or
regulation which is unreasonable
or otherwise ultra vires;
(e) to investigate all instances
of alleged or suspected corruption
and the misappropriation of public
moneys by officials and to take
appropriate steps, including
reports to the Attorney-General
and the Auditor-General, resulting
from such investigations;
(f) to educate the public as to
human rights and freedoms by such
means as the Commissioner may
decide, including publications,
lectures and symposia; and
(g) to report annually to
Parliament on the performance of
its functions.
Article 219—Special Powers of
Investigation.
(1) The powers of the Commission
shall be defined by Act of
Parliament and shall include the
power—
(a) to issue subpoenas requiring
the attendance of any person
before the Commission and the
production of any document or
record relevant to any
investigation by the Commission;
(b) to cause any person
contemptuous of any such subpoena
to be prosecuted before a
competent Court;
(c) to question any person in
respect of any subject matter
under investigation before the
Commission;
(d) to require any person to
disclose truthfully and frankly
any information within his
knowledge relevant to any
investigation by the Commissioner.
(2) The Commissioner shall not
investigate—
(a) a matter which is pending
before a court or judicial
tribunal; or
(b) a matter involving the
relations or dealings between the
Government and any other
Government or an international
organisation; or
(c) a matter relating to the
exercise of the prerogative of
mercy.
Article 220—Regional and District
Branches of Commission.
An Act of Parliament enacted under
article 216 of this Constitution
shall provide for the creation of
regional and district branches of
the Commission.
Article 221—Qualifications of
Commissioners.
A
person shall not be qualified for
appointment as a Commissioner or a
Deputy Commissioner for Human
Rights and Administrative Justice,
unless he is—
(a) in the case of Commissioner,
qualified for appointment as a
Justice of the Court of Appeal;
and
(b) in the case of a Deputy
Commissioner, qualified for
appointment as a Justice of the
High Court.
Article 222—Commissioners not to
Hold Public Office.
The Commissioner and Deputy
Commissioners shall not hold any
other public office.
Article 223—Terms and Conditions
of Service of Commissioners.
(1) The Commissioner and Deputy
Commissioners shall enjoy the
terms and conditions of service of
a Justice of the Court of Appeal
and High Court respectively.
(2) The Commissioner and Deputy
Commissioners shall cease to hold
office upon attaining the ages of
seventy and sixty-five years
respectively.
Article 224—Acting Appointments.
Where the Commissioner dies,
resigns or is removed from office
or is for any other reason unable
to perform the functions of his
office, the President shall,
acting in consultation with the
Council of State, appoint a person
qualified to be appointed
Commissioner to perform those
functions until the appointment of
a new Commissioner.
Article 225—Independence of
Commission and Commissioners.
Except as provided by this
Constitution or by any other law
not inconsistent with this
Constitution, the Commission and
the Commissioners shall, in the
performance of their functions,
not be subject to the direction or
control of any person or
authority.
Article 226—Appointment of Staff.
The appointment of officers and
other employees of the Commission
shall be made by the Commission
acting in consultation with the
Public Services Commission.
Article 227—Expenses of Commission
Charged on Consolidated Fund.
The administrative expenses of the
Commission including salaries,
allowances and pensions payable
to, or in respect of, persons
serving with the Commission, shall
be charged on the Consolidated
Fund.
Article 228—Removal of
Commissioners.
The procedure for the removal of
the Commissioner and Deputy
Commissioners shall be the same as
that provided for the removal of a
Justice of the Court of Appeal and
a Justice of the High Court
respectively under this
Constitution.
Article 229—Initiation of Legal
Proceedings.
For the purposes of performing his
functions under this Constitution
and any other law, the
Commissioner may bring an action
before any court in Ghana and may
seek any remedy which may be
available from that court.
Article 230—Regulations.
Subject to the provisions of this
Constitution and to any Act of
Parliament made under this
Chapter, the Commission shall
make, by constitutional
instrument, regulations regarding
the manner and procedure for
bringing complaints before it and
the investigation of such
complaints.
CHAPTER NINETEEN—NATIONAL
COMMISSION FOR CIVIC EDUCATION
Article 231—Establishment of
National Commission for Civic
Education.
There shall be established by Act
of Parliament within six months
after Parliament first meets after
the coming into force of this
Constitution, a National
Commission for Civic Education in
this Chapter referred to as "the
Commission".
Article 232—Membership of
Commission.
(1) The Commission shall consist
of a Chairman, two Deputy Chairmen
and four other members.
(2) Members of the Commission
shall be appointed by the
President acting on the advice of
the Council of State.
(3) Members of the Commission
shall be persons who are qualified
to be elected as members of
Parliament.
(4) Members of the Commission
shall be persons who do not hold
office in any political party.
Article 233—Funtions of
Commission.
The functions of the Commission
shall be—
(a) to create and sustain within
the society the awareness of the
principles and objectives of this
Constitution as the fundamental
law of the people of Ghana;
(b) to educate and encourage the
public to defend this Constitution
at all times, against all forms of
abuse and violation;
(c) to formulate for the
consideration of Government, from
time to time, programmes at the
national, regional and district
levels aimed at realising the
objectives of this constitution;
(d) to formulate, implement and
oversee programmes intended to
inculcate in the citizens of Ghana
awareness of their civic
responsibilities and an
appreciation of their rights and
obligations as free people; and
(e) such other functions as
Parliament may prescribe.
Article 234—Independence of
Commission.
Except as otherwise provided in
this Constitution or in any other
law which is not inconsistent with
this Constitution, the Commission
shall not be subject to the
direction or control of any person
or authority in the performance of
its functions.
Article 235—Terms and Conditions
of Service of Members of
Commission.
(1) The Chairman of the
Commission shall enjoy the same
terms and conditions of service as
a Justice of the Court of Appeal,
and a Deputy Chairman of the
Commission shall enjoy the same
terms and conditions of service as
a Justice of the High Court.
(2) The other members of the
Commission shall hold office on
such terms and conditions as may
be approved by Parliament.
Article 236—Removal of Chairman
and Deputy Chairmen.
The procedure for the removal of
the Chairman or a Deputy Chairman
from office shall be the same as
that provided for the removal of a
Justice of the Court of Appeal and
a Justice of the High Court
respectively under this
Constitution.
Article 237—Regional and District
Branches of Commission.
Parliament shall, by law, provide
for the establishment of Regional
and District branches of the
Commission.
Article 238—Appointment of Staff.
The officers and employees of the
Commission shall be appointed by
the Commission acting in
consultation with the Public
Services Commission.
Article 239—Expenses of Commission
Charged on Consolidated Fund.
The administrative expenses of the
Commission, including salaries,
allowances and pensions payable
to, or in respect of, persons
serving with the Commission, shall
be charged on the Consolidated
Fund.
CHAPTER TWENTY—DECENTRALIZATION
AND LOCAL GOVERNMENT
Article 240—Local Government.
(1) Ghana shall have a system of
local government and
administration which shall, as far
as practicable, be decentralized.
(2) The system of decentralized
local government shall have the
following features—
(a) Parliament shall enact
appropriate laws to ensure that
functions, powers,
responsibilities and resources are
at all times transferred from the
Central Government to local
government units in a co-ordinated
manner;
(b) Parliament shall by law
provide for the taking of such
measures as are necessary to
enhance the capacity of local
government authorities to plan,
initiate, co-ordinate, manage and
execute policies in respect of all
matters affecting the people
within their areas, with a view to
ultimately achieving localization
of those activities;
(c) there shall be established for
each local government unit a sound
financial base with adequate and
reliable sources of revenue;
(d) as far as practicable, persons
in the service of local government
shall be subject to the effective
control of local authorities;
(e) to ensure the accountability
of local government authorities,
people in particular local
government areas shall, as far as
practicable, be afforded the
opportunity to participate
effectively in their governance.
Article 241—Districts of Local
Government.
(1) For the purposes of local
government, Ghana shall be deemed
to have been divided into the
districts in existence immediately
before the coming into force of
this Constitution.
(2) Parliament may by law make
provision for the redrawing of the
boundaries of districts or for
reconstituting the districts.
(3) Subject to this Constitution,
a District Assembly shall be the
highest political authority in the
district, and shall have
deliberative, legislative and
executive powers.
Article 242—Composition of
District Assembly.
A
District Assembly shall consist of
the following members—
(a) one person from each local
government electoral area within
the district elected by universal
adult suffrage;
(b) the member or members of
Parliament from the constituencies
that fall within the area of
authority of the District Assembly
as members without the right to
vote;
(c) the District Chief Executive
of the district; and
(d) other members not being more
than thirty percent of all the
members of the District Assembly,
appointed by the President in
consultation with the traditional
authorities and other interest
groups in the district.
Article 243—District Chief
Executive.
(1) There shall be a District
Chief Executive for every district
who shall be appointed by the
President with the prior approval
of not less than two-thirds
majority of members of the
Assembly present and voting at the
meeting.
(2) The District Chief Executive
shall—
(a) preside at meetings of the
Executive Committee of the
Assembly;
(b) be responsible for the
day-to-day performance of the
executive and administrative
functions of the District
Assembly; and
(c) be the chief representative of
the Central Government in the
district.
(3) The office of District Chief
Executive shall become vacant if—
(a) a vote of no confidence,
supported by the votes of not less
than two-thirds of all the members
of the District Assembly is passed
against him; or
(b) he is removed from office by
the President; or
(c) he resigns or dies.
Article 244—Presiding Member.
(1) The District Assembly shall
have a Presiding Member who shall
be elected by the Assembly from
among its members.
(2) The Presiding Member shall be
elected by at least two-thirds
majority of all the members of the
Assembly.
(3) The Presiding Member shall—
(a) preside over the meetings of
the Assembly; and
(b) perform such other functions
as may be prescribed by law.
(4) Subject to clause (5) of this
article, the term of office of the
Presiding Member shall be two
years and he shall be eligible for
re-election.
(5) The Presiding Member shall
cease to hold office whenever the
Assembly by a majority of at least
two-thirds of all the members of
the Assembly vote to remove him
from office.
Article 245— Functions of District
Assemblies.
Parliament shall, by law,
prescribe the functions of
District Assemblies which shall
include—
(a) the formulation and execution
of plans, programmes and
strategies for the effective
mobilization of the resources
necessary for the overall
development of the district; and
(b) the levying and collection of
taxes, rates, duties and fees.
Article 246—Term of District
Assembly.
(1) Elections to the District
Assemblies shall be held every
four years except that such
elections and elections to
Parliament shall be held at least
six months apart.
(2) Unless he resigns or dies or
he earlier ceases to hold office
under clause (3) of article 243 of
this Constitution, the term of
office of the District Chief
Executive shall be four years; and
a person shall not hold office as
a District Chief Executive for
more than two consecutive terms.
Article 247—Qualifications and
Procedures.
Subject to this Constitution, the
qualifications for membership of a
District Assembly, the procedures
of a District Assembly and other
local government units lower than
a District Assembly that may be
created, shall be provided for by
law.
Article 248—Political Parties and
Candidates for Election to Local
Government Units.
(1) A candidate seeking election
to a District Assembly or any
lower local government unit shall
present himself to the electorate
as an individual, and shall not
use any symbol associated with any
political party.
(2) A political party shall not
endorse, sponsor, offer a platform
to or in anyway campaign for or
against a candidate seeking
election to a District Assembly or
any lower local government unit.
Article 249—Revocation of Mandate
by Electorate.
Subject to any procedure
established by law, the mandate of
a member of a District Assembly
may be revoked by the electorate
or the appointing body.
Article 250—Emoluments of District
Chief Executive and Presiding
Member.
(1) The emoluments of a District
Chief Executive of a District
Assembly shall be determined by
Parliament and shall be charged on
the Consolidated Fund.
(2) The emoluments of a Presiding
Member of a District Assembly and
other members of the Assembly
shall be determined by the
District Assembly and paid out of
the Assembly's own resources.
Article 251—Executive Committee.
(1) There shall be established an
Executive Committee of a District
Assembly which shall be
responsible for the performance of
the executive and administrative
functions of the District
Assembly.
(2) The composition of the
Executive Committee and the
procedure for its deliberations
shall be as provided for by law.
Article 252—District Assemblies
Common Fund and Grants-in-Aid.
(1) There shall be a fund to be
known as the District Assemblies
Common Fund.
(2) Subject to the provisions of
this Constitution, Parliament
shall annually make provision for
the allocation of not less than
five percent of the total revenues
of Ghana to the District
Assemblies for development; and
the amount shall be paid into the
District Assemblies Common Fund in
quarterly instalments.
(3) The moneys accruing to the
District Assemblies in the Common
Fund shall be distributed among
all the District Assemblies on the
basis of a formula approved by
Parliament.
(4) There shall be appointed by
the President with the approval of
Parliament, a District Assemblies
Common Fund Administrator.
(5) Parliament shall by law
prescribe the functions and tenure
of office of the Administrator in
such a manner as will ensure the
effective and equitable
administration of the District
Assemblies Common Fund.
(6) Nothing in this Chapter or any
other law shall be taken to
prohibit the State or other bodies
from making grants-in-aid to any
District Assembly.
Article 253—Audit.
The Auditor-General shall audit
the accounts of the District
Assemblies annually and shall
submit his reports on the audit to
Parliament.
Article 254—Further
Decentralization.
Parliament shall enact laws and
take steps necessary for further
decentralization of the
administrative functions and
projects of the Central Government
but shall not exercise any control
over the District Assemblies that
is incompatible with their
decentralized status, or otherwise
contrary to law.
Article 255—Regional Co-ordinating
Councils.
(1) There shall be established a
Regional Co-ordinating Council in
each region, which shall consist
of —
(a) the Regional Minister and his
deputy or deputies;
(b) the Presiding Member and the
District Chief Executive from each
district in the Region;
(c) two chiefs from the Regional
House of Chiefs; and
(d) the Regional Heads of the
decentralized ministries in the
region as members without the
right to vote.
(2) The Regional Minister shall
be the Chairman of the Regional
Co-ordinating Council.
(3) Subject to this Chapter, the
functions of a Regional
Co-ordinating Council shall be as
prescribed by Act of Parliament.
Article 256—Regional Ministers and
Deputy Regional Ministers.
(1) The President shall, with the
prior approval of Parliament,
appoint for each region, a
Minister of State who shall—
(a) represent the President in the
region; and
(b) be responsible for the
co-ordination and direction of the
administrative machinery in the
region.
(2) The President may, in
consultation with the Minister of
State for a region and with the
prior approval of Parliament,
appoint for the region a Deputy
Minister or Deputy Ministers to
perform such functions as the
President may determine.
CHAPTER TWENTY-ONE—LANDS AND
NATURAL RESOURCES
Public Lands.
Article 257—Public Lands and Other
Public Property.
(1) All public lands in Ghana
shall be vested in the President
on behalf of, and in trust for,
the people of Ghana.
(2) For the purposes of this
article, and subject to clause (3)
of this article, "public lands"
includes any land which,
immediately before the coming into
force of this Constitution, was
vested in the Government of Ghana
on behalf of, and in trust for,
the people of Ghana for the public
service of Ghana, and any other
land acquired in the public
interest, for the purposes of the
Government of Ghana before, on or
after that date.
(3) For the avoidance of doubt, it
is hereby declared that all lands
in the Northern, Upper East and
Upper West Regions of Ghana which
immediately before the coming into
force of this Constitution were
vested in the Government of Ghana
are not public lands within the
meaning of clauses (1) and (2) of
this article.
(4) Subject to the provisions of
this Constitution, all lands
referred to in clause (3) of this
article shall vest in any person
who was the owner of the land
before the vesting, or in the
appropriate skin without further
assurance than this clause.
(5) Clauses (3) and (4) of this
article shall be without prejudice
to the vesting by the Government
in itself of any land which is
required in the public interest
for public purposes.
(6) Every mineral in its natural
state in, under or upon any land
in Ghana, rivers, streams, water
courses throughout Ghana, the
exclusive economic zone and any
area covered by the territorial
sea or continental shelf is the
property of the Republic of Ghana
and shall be vested in the
President on behalf of, and in
trust for the people of Ghana.
Lands Commission.
Article 258—Lands Commission.
(1) There shall be established a
Lands Commission which shall, in
co-ordination with the relevant
public agencies and governmental
bodies, perform the following
functions—
(a) on behalf of the Government,
manage public lands and any lands
vested in the President by this
Constitution or by any other law
or any lands vested in the
Commission;
(b) advise the Government, local
authorities and traditional
authorities on the policy
framework for the development of
particular areas of Ghana to
ensure that the development of
individual pieces of land is
co-ordinated with the relevant
development plan for the area
concerned;
(c) formulate and submit to
Government recommendations on
national policy with respect to
land use and capability;
(d) advise on, and assist in the
execution of, a comprehensive
programme for the registration of
title to land throughout Ghana;
and
(e) perform such other functions
as the Minister responsible for
lands and natural resources may
assign to the Commission.
(2) The Minister responsible for
lands and natural resources may,
with the approval of the
President, give general directions
in writing to the Lands Commission
on matters of policy in respect of
the functions of the Commission
and the Commission shall comply
with the directions.
Article 259—Membership of
Commission.
The Lands Commission shall consist
of the following persons appointed
by the President under article 70
of this Constitution—
(a) a chairman, who is neither a
Minister of State nor a Deputy
Minister;
(b) one representative each of the
following bodies nominated in each
case by the body concerned—
(i)
the National House of Chiefs;
(ii) the Ghana Bar Association;
(iii) the Ghana Institution of
Surveyors;
(iv) each Regional Lands
Commission;
(v) the Department responsible for
town and country planning;
(vi) the National Association of
Farmers and Fishermen;
(vii) the Environmental Protection
Council; and
(viii) the Ministry responsible
for Lands and Natural Resources;
and
(c) the Chief Administrator of the
Lands Commission who shall be the
Executive Secretary.
Article 260—Regional Lands
Commission.
(1) The Lands Commission shall
have a branch in each region to be
known as a Regional Lands
Commission for the performance of
the functions specified in article
258 of this Constitution in
respect of the region.
(2) The activities of all the
Regional Lands Commissions shall
be co-ordinated by the Lands
Commission.
Article 261—Membership of Regional
Lands Commission.
A
Regional Lands Commission shall
consist of the following persons
appointed by the Minister
responsible for lands and natural
resources—
(a) a chairman who is neither a
Minister of State nor a Deputy
Minister;
(b) a representative each of the
following bodies in each case
nominated by the body concerned—
(i)
the Regional House of Chiefs;
(ii) each District Assembly within
the region and
(iii) the Department responsible
for town and country planning;
(c) a nominee of the Ghana Bar
Association practising in the
region;
(d) a nominee of the Ghana
Institution of Surveyors
practising in the region;
(e) the National Association of
Farmers and Fishermen; and
(f) the Regional Lands Officer.
Article 262—Regional Lands
Officer.
(1) Each Regional Lands Commission
shall have a Regional Lands
Officer.
(2) The Regional Lands Officer
shall be a Member of and Secretary
to the Regional Lands Commission.
Article 263—Qualifications of
Members.
A
person shall not be qualified for
appointment as a member of the
Lands Commission or of a Regional
Lands Commission other than the
Executive Secretary and the
Regional Lands Officer unless he
is qualified to be a member of
Parliament, except that for the
avoidance of doubt, a person shall
not be disqualified to be a member
under this article by reason only
of his being a public officer.
Article 264—Tenure of Office of
Members of Commission.
(1) The Chairman and members of
the Lands Commission, and also,
the Chairman and members of a
Regional Lands Commission other
than the Executive Secretary and
the Regional Lands Officer shall
hold office for four years and may
be eligible for re-appointment.
(2) The office of the Chairman or
a member of the Lands Commission
or of a Regional Lands Commission
other than the Executive Secretary
and the Regional Lands Officer
shall become vacant if—
(a) he ceases to hold office under
clause (1) of this article;
(b) any circumstance arises that
would cause him to be disqualified
for appointment under article 263
of this Constitution;
(c) he is removed from office by
the President or, in the case of a
member of a Regional Lands
Commission, by the Minister
responsible for lands and natural
resources for inability to perform
the functions of his office or for
stated misbehaviour.
Article 265—Independence of Lands
Commission.
Expect as otherwise provided in
this Constitution or in any other
law which is not inconsistent with
this Constitution, the Lands
Commission shall not be subject to
the direction or control of any
person or authority, in the
performance of its functions.
Ownership of Land by Non-Citizens.
Article 266—Ownership of Land by
Non-Citizens.
(1) No interest in, or right over,
any land in Ghana shall be created
which vests in a person who is not
a citizen of Ghana a freehold
interest in any land in Ghana.
(2) An agreement, deed or
conveyance of whatever nature,
which seeks, contrary to clause
(1) of this article, to confer on
a person who is a not citizen of
Ghana any freehold interest in, or
right over, any land is void.
(3) Where, on the twenty-second
day of August 1969, any person not
being a citizen of Ghana had a
freehold interest in or right over
any land in Ghana, that interest
or right shall be deemed to be a
leasehold interest for a period of
fifty years at a peppercorn rent
commencing from the twenty-second
day of August 1969, and the
freehold reversionary interest in
any such land shall vest in the
President on behalf of, and in
trust for, the people of Ghana.
(4) No interest in, or right over,
any land in Ghana shall be created
which vests in a person who is not
a citizen of Ghana a leasehold for
a term of more than fifty years at
any one time.
(5) Where on the twenty-second day
of August 1969 any person not
being a citizen of Ghana had a
leasehold interest in, or right
over, any land in Ghana for an
unexpired period of more than
fifty years, that interest in, or
right over, any such land shall be
deemed to be an interest or right
subsisting for a period of fifty
years commencing from the
twenty-second day of August 1969.
Stool and Skin Lands and Property.
Article 267—Stool and Skin Lands
and Property.
(1) All stool lands in Ghana shall
vest in the appropriate stool on
behalf of, and in trust for the
subjects of the stool in
accordance with customary law and
usage.
(2) There shall be established the
Office of the Administrator of
Stool Lands which shall be
responsible for—
(a) the establishment of a stool
land account for each stool into
which shall be paid all rents,
dues, royalties, revenues or other
payments whether in the nature of
income or capital from the stool
lands;
(b) the collection of all such
rents, dues, royalties, revenues
or other payments whether in the
nature of income or capital, and
to account for them to the
beneficiaries specified in clause
(6) of this article; and
(c) the disbursement of such
revenues as may be determined in
accordance with clause (6) of this
article.
(3) There shall be no disposition
or development of any stool land
unless the Regional Lands
Commission of the region in which
the land is situated has certified
that the disposition or
development is consistent with the
development plan drawn up or
approved by the planning authority
for the area concerned.
(4) Where the Regional Lands
Commission fails or refuses to
give the consent and concurrence
under clause (3) of this article,
a person aggrieved by the failure
or refusal may appeal to the High
Court.
(5) Subject to the provisions of
this Constitution, no interest in,
or right over, any stool land in
Ghana shall be created which vests
in any person or body of persons a
freehold interest howsoever
described.
(6) Ten per cent of the revenue
accruing from stool lands shall be
paid to the office of the
Administrator of Stool Lands to
cover administrative expenses; and
the remaining revenue shall be
disbursed in the following
proportions —
(a) twenty-five percent to the
stool through the traditional
authority for the maintenance of
the stool in keeping with its
status;
(b) twenty percent to the
traditional authority; and
(c) fifty-five percent to the
District Assembly, within the area
of authority of which the stool
lands are situated.
(7) The Administrator of Stool
Lands and the Regional Lands
Commission shall consult with the
stools and other traditional
authorities in all matters
relating to the administration and
development of stool land and
shall make available to them all
relevant information and data.
(8) The Lands Commission and the
Administrator of Stool lands shall
co-ordinate with all relevant
public agencies and traditional
authorities and stools in
preparing a policy framework for
the rational and productive
development and management of
stool lands.
(9) Parliament may provide for the
establishment of Regional branches
of the Office of the Administrator
of Stool Lands to perform, subject
to the directions of the
Administrator of Stool Lands, the
functions of the Administrator in
the region concerned.
Protecting Natural Resources.
Article 268—Parliamentary
Ratification of Agreements
Relating to Natural Resources.
(1) Any transaction, contract or
undertaking involving the grant of
a right or concession by or on
behalf of any person including the
Government of Ghana, to any other
person or body of persons
howsoever described, for the
exploitation of any mineral, water
or other natural resource of Ghana
made or entered into after the
coming into force of this
Constitution shall be subject to
ratification by Parliament.
(2) Parliament may, by resolution
supported by the votes of not less
than two-thirds of all the members
of Parliament, exempt from the
provisions of clause (1) of this
article any particular class of
transactions, contracts or
undertakings.
Article 269—Natural Resources
Commission.
(1) Subject to the provisions of
this Constitution, Parliament
shall, by or under an Act of
Parliament, provide for the
establishment, within six months
after Parliament first meets after
the coming into force of this
Constitution, of a Minerals
Commission, a Forestry Commission,
Fisheries Commission and such
other Commissions as Parliament
may determine, which shall be
responsible for the regulation and
management of the utilization of
the natural resources concerned
and the co-ordination of the
policies in relation to them.
(2) Notwithstanding article 268 of
this Constitution, Parliament may,
upon the recommendation of any of
the Commissions established by
virtue of clause (1) of this
article, and upon such conditions
as Parliament may prescribe,
authorise any other agency of
government to approve the grant of
rights, concessions or contracts
in respect of the exploitation of
any mineral, water or other
natural resource of Ghana.
CHAPTER TWENTY-TWO—CHIEFTAINCY
Article 270—Institution of
Chieftaincy.
(1) The institution of
chieftaincy, together with its
traditional councils as
established by customary law and
usage, is hereby guaranteed.
(2) Parliament shall have no power
to enact any law which—
(a) confers on any person or
authority the right to accord or
withdraw recognition to or from a
chief for any purpose whatsoever;
or
(b) in any way detracts or
derogates from the honour and
dignity of the institution of
chieftaincy.
(3) Nothing in or done under the
authority of any law shall be held
to be inconsistent with, or in
contravention of, clause (1) or
(2) of this article if the law
makes provision for—
(a) the determination, in
accordance with the appropriate
customary law and usage, by a
Traditional Council, a Regional
House of Chiefs or the National
House of Chiefs or a Chieftaincy
Committee of any of them, of the
validity of the nomination,
election, selection, installation
or deposition of a person as a
chief;
(b) a Traditional Council or a
Regional House of Chiefs or the
National House of Chiefs to
establish and operate a procedure
for the registration of chiefs and
the public notification in the
Gazette or otherwise of the status
of persons as chiefs in Ghana.
Article 271—National House of
Chiefs.
(1) There shall be a National
House of Chiefs.
(2) The House of Chiefs of each
region shall elect as members of
the National House of Chiefs five
paramount chiefs from the region.
(3) Where in a region there are
fewer than five paramount chiefs,
the House of Chiefs of the region
shall elect such number of
divisional chiefs as shall make up
the required representation of
chiefs for the region.
Article 272—Functions of the
National House of Chiefs.
The National House of Chiefs
shall—
(a) advise any person or authority
charged with any responsibility
under this Constitution or any
other law for any matter relating
to or affecting chieftaincy;
(b) undertake the progressive
study, interpretation and
codification of customary law with
a view to evolving, in appropriate
cases, a unified system of rules
of customary law, and compiling
the customary laws and lines of
succession applicable to each
stool or skin;
(c) undertake an evaluation of
traditional customs and usages
with a view to eliminating those
customs and usages that are
outmoded and socially harmful;
(d) perform such other functions,
not being inconsistent with any
function assigned to the House of
Chiefs of a region, as Parliament
may refer to it.
Article 273—Jurisdiction of the
National House of Chiefs.
(1) The National House of Chiefs
shall have appellate jurisdiction
in any cause or matter affecting
chieftaincy which has been
determined by the Regional House
of Chiefs in a region, from which
appellate jurisdiction there shall
be an appeal to the Supreme Court,
with the leave of the National
House of Chiefs, or the Supreme
Court.
(2) The appellate jurisdiction of
the National House of Chiefs shall
be exercised by a Judicial
Committee of the National House of
Chiefs consisting of five persons
appointed by that House from among
its members.
(3) A Judicial Committee of a
National House of Chiefs shall be
assisted by a lawyer of not less
than ten years' standing appointed
by the National House of Chiefs on
the recommendation of the
Attorney-General.
(4) A member of a Judicial
Committee of the National House of
Chiefs shall be removed from
office on the ground of proven
misbehaviour or of infirmity of
mind or body by the votes of not
less than two-thirds of all the
members of the National House of
Chiefs.
(5) A Judicial Committee of the
National House of Chiefs shall
have original jurisdiction in any
cause or matter affecting
chieftaincy—
(a) which lies within the
competence of two or more Regional
Houses of Chiefs; or
(b) which is not properly within
the jurisdiction of a Regional
House of Chiefs; or
(c) which cannot otherwise be
dealt with by a Regional House of
Chiefs.
(6) An appeal shall lie as of
right in respect of any cause or
matter dealt with by a Judicial
Committee of the National House of
Chiefs under clause (5) of this
article of the Supreme Court.
Article 274—Regional House of
Chiefs.
(1) There shall be established in
and for each region of Ghana a
Regional House of Chiefs.
(2) A Regional House of Chiefs
shall consist of such members as
Parliament may, by law, determine.
(3) A Regional House of Chiefs
shall—
(a) perform such functions as may
be conferred upon it by or under
an Act of Parliament;
(b) advise any person or authority
charged under this Constitution or
any other law with any
responsibility for any matter
relating to or affecting
chieftaincy in the region;
(c) hear and determine appeals
from the traditional councils
within the region in respect of
the nomination, election,
selection, installation or
deposition of a person as a chief;
(d) have original jurisdiction in
all matters relating to a
paramount stool or skin or the
occupant of a paramount stool or
skin, including a queenmother to a
paramount stool or skin;
(e) undertake a study and make
such general recommendations as
are appropriate for the resolution
or expeditious disposition of
chieftaincy disputes in the
region;
(f) undertake the compilation of
the customary laws and lines of
succession applicable to each
stool or skin in the region.
(4) The original and appellate
jurisdictions of a Regional House
of Chiefs shall be exercised by a
Judicial Committee of the Regional
House of Chiefs consisting of
three chiefs appointed by the
Regional House of Chiefs from
among its members.
(5) A Judicial Committee of a
Regional House of Chiefs shall be
assisted by a lawyer of not less
than five years' standing
appointed by the Regional House of
Chiefs on the recommendation of
the Attorney-General.
(6) A member of a Judicial
Committee of a Regional House of
Chiefs may be removed from office
on the ground of proven
misbehaviour or infirmity of mind
or body by the votes of not less
than two-thirds of all the members
of the Regional House of Chiefs.
Article 275—Disqualification of
Convicted Persons.
A
person shall not be qualified as a
chief if he has been convicted for
high treason, treason, high crime
or for an offence involving the
security of the State, fraud,
dishonesty or moral turpitude.
Article 276—Chiefs not to take
Part in Active Party Politics.
(1) A chief shall not take part in
active party politics; and any
chief wishing to do so and seeking
election to Parliament shall
abdicate his stool or skin.
(2) Notwithstanding clause (1) of
this article and paragraph (c) of
clause (3) of article 94 of this
Constitution, a chief may be
appointed to any public office for
which he is otherwise qualified.
Article 277—Definition of Chief.
In this Chapter unless the context
otherwise requires, "chief" means
a person, who, hailing from the
appropriate family and lineage,
has been validly nominated,
elected or selected and enstooled,
enskinned or installed as a chief
or queenmother in accordance with
the relevant customary law and
usage.
CHAPTER TWENTY-THREE—COMMISSIONS
OF INQUIRY
Article 278—Appointment of
Commission of Inquiry.
(1) Subject to article 5 of this
Constitution, the President shall,
by constitutional instrument,
appoint a commission of inquiry
into any matter of public interest
where—
(a) the President is satisfied
that a commission of inquiry
should be appointed; or
(b) the Council of State advises
that it is in the public interest
to do so; or
(c) Parliament, by a resolution
requests that a commission of
inquiry be appointed to inquire
into any matter, specified in the
resolution as being a matter of
public importance.
(2) A commission appointed under
clause (1) of this article may
consist of a sole commissioner or
two or more persons one of whom
shall be appointed the chairman of
the commission.
(3) A person shall not be
appointed a sole commissioner or
the chairman of a commission of
inquiry under this article unless
he is—
(a) a Justice of the Superior
Court of Judicature; or
(b) a person qualified to be
appointed a Justice of the
Superior Court of Judicature; or
(c) a person who has held office
as a Justice of the Superior Court
of Judicature; or
(d) a person who possesses special
qualifications or knowledge in
respect of the matter being
investigated.
(4) Subject to clause (3) of this
article, where a commission of
inquiry appointed under clause (1)
of this article consists of more
than two commissioners, other than
the chairman, at least one of them
shall be a person who possesses
special qualifications or
knowledge in respect of the matter
being investigated.
Article 279—Powers of Commission
of Inquiry.
(1) A commission of inquiry shall
have the powers, rights and
privileges of the High Court or a
Justice of the High Court at a
trial, in respect of—
(a) enforcing the attendance of
witnesses and examining them on
oath, affirmation or otherwise;
(b) compelling the production of
documents; and
(c) the issue of a commission or
request to examine witnesses
abroad.
(2) A sole commissioner or a
member of a commission of inquiry
shall not be liable to any action
or suit in respect of any matter
or thing done by him in the
performance of his functions as a
commissioner or member.
Article 280—Functions of
Commission of Inquiry.
(1) A commission of inquiry shall—
(a) make a full, faithful and
impartial inquiry into any matter
specified in the instrument of
appointment;
(b) report in writing the result
of the inquiry; and
(c) furnish in the report the
reasons leading to the conclusions
stated in the report.
(2) Where a commission of inquiry
makes an adverse finding against
any person, the report of the
commission of inquiry shall, for
the purposes of this Constitution,
be deemed to be the judgment of
the High Court; and accordingly,
an appeal shall lie as of right
from the finding of the commission
to the Court of Appeal.
(3) The President shall, subject
to clause (4) of this article
cause to be published the report
of a commission of inquiry
together with the White Paper on
it within six months after the
date of the submission of the
report by the commission.
(4) Where the report of a
commission of inquiry is not to be
published, the President shall
issue a statement to that effect
giving reasons why the report is
not to be published.
(5) A finding of a commission of
inquiry shall not have the effect
of a judgment of the High Court as
provided under clause (2) of this
article, unless—
(a) six months have passed after
the finding is made and announced
to the public; or
(b) the Government issues a
statement in the Gazette and in
the national media that it does
not intend to issue a White Paper
on the report of the commission
whichever is the earlier.
(6) The right of appeal conferred
by clause (2) of this article on a
person against whom a finding has
been made, shall be exercisable
within three months after the
occurrence of either of the events
described in clause (5) of this
article or such other time as the
High Court or the Court of Appeal
may, by special leave and on such
conditions as it may consider
just, allow.
Article 281—Inquiry Procedure.
(1) Except as may be otherwise
ordered by the commission in the
interest of public morality,
public safety or public order, the
proceedings of a commission of
inquiry shall be held in public.
(2) Subject to the provisions of
this Chapter, the Rules of Court
Committee established under
article 157 of this Constitution
shall, by constitutional
instrument, make rules regulating
the practice and procedure of all
commissions of inquiry and for
appeals from commissions of
inquiry.
Article 282—Assistance by Lawyer
or Other Expert.
(1) Any person whose conduct is
the subject of inquiry by a
commission of inquiry, or who may,
in any way be implicated or
concerned in the matter under
inquiry, is entitled to be
represented by a lawyer at the
inquiry; and any other person who
may consider it desirable that he
should be represented by a lawyer
shall be allowed to be so
represented.
(2) A person referred to in clause
(1) of this article may also be
assisted by such other expert as
may be reasonably necessary for
the purpose of protecting his
interests at the inquiry.
Article 283—Immunities and
Privileges of Witnesses.
A
witness before a commission of
inquiry is entitled to the same
immunities and privileges as if he
were a witness before the High
Court.
CHAPTER TWENTY-FOUR—CODE OF
CONDUCT FOR PUBLIC OFFICERS
Article 284—Conflict of Interest.
A
public officer shall not put
himself in a position where his
personal interest conflicts or is
likely to conflict with the
performance of the functions of
his office.
Article 285—Other Public
Appointments.
No person shall be appointed or
act as the Chairman of the
governing body of a public
corporation or authority while he
holds a position in the service of
that corporation or authority.
Article 286—Declaration of Assets
and Liabilities.
(1) A person who holds a public
office mentioned in clause (5) of
this article shall submit to the
Auditor-General a written
declaration of all property or
assets owned by, or liabilities
owed by, him whether directly or
indirectly—
(a) within three months after the
coming into force of this
Constitution or before taking
office, as the case may be,
(b) at the end of every four
years; and
(c) at the end of his term of
office.
(2) Failure to declare or
knowingly making false declaration
shall be a contravention of this
Constitution and shall be dealt
with in accordance with article
287 of this Constitution.
(3) The declaration made under
clause (1) of this article shall,
on demand, be produced in
evidence—
(a) before a court of competent
jurisdiction; or
(b) before a commission of inquiry
appointed under article 278 of
this Constitution; or
(c) before an investigator
appointed by the Commissioner for
Human Rights and Administrative
Justice.
(4) Any property or assets
acquired by a public officer after
the initial declaration required
by clause (1) of this article and
which is not reasonably
attributable to income, gift,
loan, inheritance or any other
reasonable source shall be deemed
to have been acquired in
contravention of this
Constitution.
(5) The public offices to which
the provisions of this article
apply are those of —
(a) the President of the Republic;
(b) the Vice-President of the
Republic;
(c) the Speaker, the Deputy
Speaker and a member of
Parliament;
(d) Minister of State or Deputy
Minister;
(e) Chief Justice, Justice of the
Superior Court of Judicature,
Chairman of a Regional Tribunal,
the Commissioner for Human Rights
and Administrative Justice and his
Deputies and all judicial
officers;
(f) Ambassador or High
Commissioner;
(g) Secretary to the Cabinet;
(h) Head of Ministry or government
department or equivalent office in
the Civil Service;
(i)
chairman, managing director,
general manager and departmental
head of a public corporation or
company in which the State has a
controlling interest; and
(j) such officers in the public
service and any other public
institution as Parliament may
prescribe.
(6) The Auditor-General shall make
a written declaration of his
assets and liabilities to the
President in the manner and
subject to the conditions provided
in clauses (1) to (3) of this
article.
(7) Before entering upon the
duties of his office, a person
appointed to an office to which
the provisions of this article
apply, shall take and subscribe
the oath of allegiance, the oath
of secrecy and the official oath
set out in the Second Schedule to
this Constitution, or any other
oath appropriate to his office.
Article 287— Complaints of
Contravention.
(1) An allegation that a public
officer has contravened or has not
complied with a provision of this
Chapter shall be made to the
Commissioner for Human Rights and
Administrative Justice and, in the
case of the Commissioner of Human
Rights and Administrative Justice,
to the Chief Justice who shall,
unless the person concerned makes
a written admission of the
contravention or non-compliance,
cause the matter to be
investigated.
(2) The Commissioner for Human
Rights and Administrative Justice
or the Chief Justice as the case
may be, may take such action as he
considers appropriate in respect
of the results of the
investigation or the admission.
Article 288—Interpretation.
In this Chapter, unless the
context otherwise requires,
"Public Officer" means a person
who holds a public office.
CHAPTER TWENTY-FIVE—AMENDMENT OF
THE CONSTITUTION
Article 289—Amendment of
Constitution.
(1) Subject to the provisions of
this Constitution, Parliament may,
by an Act of Parliament, amend any
provision of this Constitution.
(2) This Constitution shall not be
amended by an Act of Parliament
or altered whether directly or
indirectly unless—
(a) the sole purpose of the Act is
to amend this Constitution; and
(b) the Act has been passed in
accordance with this Chapter.
Article 290— Amendment of
Entrenched Provisions.
(1) This article applies to the
amendment of the following
provisions of this Constitution,
which are, in this Constitution
referred to as "entrenched
provisions"—
(a) The Constitution: articles 1,
2 and 3;
(b) The Territories of Ghana:
articles 4 and 5;
(c) The Laws of Ghana: article 11;
(d) Fundamental Human Rights and
Freedoms: Chapter 5;
(e) Representation of the People:
articles 42, 43, 46, 49, 55, and
56;
(f) The Executive: Chapter 8;
(g) The Legislature: articles 93
and 106;
(h) The Judiciary: articles 125,
127, 129, 145 and 146;
(i)
Freedom and Independence of the
Media: article 162, clauses (1) to
(5);
(j) Finance: articles 174 and 187;
(k) Police Service: article 200;
(l) The Armed Forces of Ghana:
article 210;
(m) Commission on Human Rights and
Administrative Justice: articles
216 and 225;
(n) National Commission for Civic
Education: article 231;
(o) Decentralization and Local
Government; articles 240 and 252;
(p) Chieftaincy: article 270;
(q) Code of Conduct for Public
Officers: article 286;
(r) Amendment of the Constitution:
Chapter 25; and
(s) Miscellaneous: articles 293
and 299.
(2) A bill for the amendment of an
entrenched provision shall, before
Parliament proceeds to consider
it, be referred by the Speaker to
the Council of State for its
advice and the Council of State
shall render advice on the bill
within thirty days after receiving
it.
(3) The bill shall be published in
the Gazette but shall not be
introduced into Parliament until
the expiry of six months after the
publication in the Gazette under
this clause.
(4) After the bill has been read
the first time in Parliament it
shall not be proceeded with
further unless it has been
submitted to a referendum held
throughout Ghana and at least
forty percent of the persons
entitled to vote, voted at the
referendum and at least
seventy-five percent of the
persons who voted cast their votes
in favour of the passing of the
bill.
(5) Where the bill is approved at
the referendum, Parliament shall
pass it.
(6) Where a bill for the amendment
of an entrenched provision has
been passed by Parliament in
accordance with this article, the
President shall assent to it.
Article 291—Amendment of
Non-Entrenched Provisions.
(1) A bill to amend a provision of
this Constitution which is not an
entrenched provision shall not be
introduced into Parliament unless—
(a) it has been published twice in
the Gazette with the second
publication being made at least
three months after the first; and
(b) at least ten days have passed
after the second publication.
(2) The Speaker shall, after the
first reading of the bill in
Parliament, refer it to the
Council of State for consideration
and advice and the Council of
State shall render advice on the
bill within thirty days after
receiving it.
(3) Where Parliament approves the
bill, it may only be presented to
the President for his assent if it
was approved at the second and
third readings of it in Parliament
by the votes of at least
two-thirds of all the members of
Parliament.
(4) Where the bill has been passed
in accordance with this article,
the President shall assent to it.
Article 292—Certificate of
Compliance with Constitution.
A
bill for the amendment of this
Constitution which has been passed
in accordance with this
Constitution, shall be assented to
by the President only if —
(a) it is accompanied by a
certificate from the Speaker that
the provisions of this
Constitution have been complied
with in relation to it; and
(b) in the case of a bill to amend
an entrenched provision, it is
accompanied by a certificate from
the Electoral Commission, signed
by the Chairman of the Commission
and bearing the seal of the
Commission, that the bill was
approved at a referendum in
accordance with this Chapter.
CHAPTER TWENTY-SIX—MISCELLANEOUS
Article 293—Claims Against
Government.
(1) Where a person has a claim
against the Government, that claim
may be enforced as of right by
proceedings taken against the
Government for that purpose
without the grant of a fiat or the
use of the process known as
petition of right.
(2) The Government shall be
subject to all those liabilities
in tort to which, if it were a
private person of full age and
capacity, it would be subject—
(a) in respect of torts committed
by its employees or agents;
(b) in respect of a breach of
duties which a person owes to his
employees or agents at common law
or under any other law by reason
of being their employer; and
(c) in respect of a breach of the
duties at common law or under any
other law attached to the
ownership, occupation, possession
or control of property.
(3) No proceedings shall lie
against the Government by virtue
of paragraph (a) of clause (2) of
this article in respect of an act
or omission of an employee or
agent of the Government unless the
act or omission would, apart from
this article, have given rise to a
cause of action in tort against
that employee or his estate.
(4) Where the Government is bound
by a statutory duty which is
binding also upon persons other
than the Government and its
officers, the Government shall, in
respect of a failure to comply
with that duty, be subject to all
liabilities in tort to which it
would be so subject if the
Government were a private person
of full age and capacity.
(5) Where functions are conferred
or imposed on an officer of the
Government as such officer either
by a rule of the common law or by
statute and that officer commits a
tort while performing or
purporting to perform those
functions, the liabilities of the
Government in respect of the tort
shall be what they would have been
if the functions had been
conferred or imposed solely by
virtue of instructions lawfully
given by the Government.
(6) No proceedings shall lie
against the Government by virtue
of this article in respect of—
(a) anything done or omitted to be
done by any person while
discharging or purporting to
discharge responsibilities of a
judicial nature vested in him; or
(b) any act, neglect or default of
an officer of the Government
unless that officer—
(i)
has been directly or indirectly
appointed by the Government and
was, at the material time, paid in
respect of his duties as an
officer of the Government wholly
out of public funds or out of
moneys provided by Parliament; or
(ii) was, at the material time,
holding an office in respect of
which the Public Services
Commission certifies that the
holder of that office would
normally be so paid.
(7) Where the Government is
subject to a liability by virtue
of this article, the law relating
to indemnity and contribution
shall be enforceable—
(a) against the Government by an
employee of the Government who is
acting in the proper execution of
his duties in respect of the
liability or by any other person
in respect of the liability to
which that person is subject; or
(b) by the Government against any
person other than an employee of
the Government, in respect of the
liability to which it is so
subject,
as if the Government were a
private person of full age and
capacity.
Article 294—Legal Aid.
(1) For the purposes of enforcing
any provision of this
Constitution, a person is entitled
to legal aid in connection with
any proceedings relating to this
Constitution if he has reasonable
grounds for taking, defending,
prosecuting or being a party to
the proceedings.
(2) Subject to clause (1) of this
article, Parliament shall, by or
under an Act of Parliament,
regulate the grant of legal aid.
(3) Without prejudice to clause
(2) of this article, Parliament
may, under that clause provide for
the granting of legal aid in such
matters other than those referred
to in clause (1) of this article
as may be prescribed by or under
that Act.
(4) For the purposes of this
article, legal aid shall consist
of representation by a lawyer,
including all such assistance as
is given by a lawyer, in the steps
preliminary or incidental to any
proceedings or arriving at or
giving effect to a compromise to
avoid or to bring to an end any
proceedings.
Article 295—Interpretation.
(1) In this Constitution, unless
the context otherwise requires—
"act of parliament" means an Act
enacted by Parliament and includes
an Ordinance;
"article" means an article of this
Constitution;
"chief" has the meaning assigned
to it in article 277 of this
Constitution;
"civil service" includes service
in both central and local
governments;
"commission of inquiry" includes a
committee of inquiry;
"constitutional Instrument" means
an instrument made under a power
conferred by this Constitution;
"court" means a court of competent
jurisdiction established by or
under the authority of this
Constitution and includes a
tribunal;
"decree" includes a Decree made by
the National Liberation Council,
the National Redemption Council,
the Supreme Military Council or
the Armed Forces Revolutionary
Council or under its authority and
any statutory instrument made
under the authority of any such
Decree;
"district assembly" includes a
Metropolitan and a Municipal
Assembly;
"enactment" means an Act of
Parliament, a Decree, a Law or a
constitutional instrument or a
statutory instrument or any
provision of an Act of Parliament,
a Decree, a Law or a
constitutional or of a statutory
instrument;
"entrenched provision" has the
meaning assigned to it in article
290 of this Constitution;
"functions" includes powers and
duties;
"government" means any authority
by which the executive authority
in Ghana is duly exercised;
"high crime" means high crime
within the meaning of article 2 of
this Constitution;
"high treason" means high treason
within the meaning of article 3 of
this Constitution;
"judgment" includes a decision, an
order or decree of the court;
"meeting" includes a period during
which Parliament is meeting
continually within a session;
"minister" means a Minister
appointed under article 78 or 256
of this Constitution;
"oath" includes an affirmation;
"oath of allegiance" means the
oath of allegiance specified in
the Second Schedule to this
Constitution;
"paramount chief" means a person
who has been nominated, elected
and installed as a paramount chief
in accordance with customary law
and usage;
"public corporation" means a
corporation or any other body of
persons established by an Act of
Parliament or set up out of funds
provided by Parliament or other
public funds;
"public interest" includes any
right or advantage which enures or
is intended to enure to the
benefit generally of the whole of
the people of Ghana;
"public office" includes an office
the emoluments attached to which
are paid directly from the
Consolidated Fund or directly out
of moneys provided by Parliament
and an office in a public
corporation established entirely
out of public funds or moneys
provided by Parliament;
"public service" includes service
in any civil office of Government,
the emoluments attached to which
are paid directly from the
Consolidated Fund or directly out
of moneys provided by Parliament
and service with a public
corporation;
"retiring awards" includes pension
and gratuity;
"rules of court committee" means
the Rules of Court Committee
established by article 157 of this
Constitution;
"service chiefs" includes Army
Chief of Staff, Chief of Naval
Staff and Chief of Air Staff;
"session" means a series of
meetings of Parliament within a
period of twelve months;
"sitting" includes a period during
which Parliament is sitting
continuously without adjournment
and a period during which it is in
committee;
"statutory instrument" means an
instrument made, whether directly
or indirectly, under a power
conferred by an Act of Parliament
or a Decree or a Law;
"stool" includes a skin, and the
person or body of persons having
control over skin land;
"stool land" includes any land or
interest in, or right over, any
land controlled by a stool or
skin, the head of a particular
community or the captain of a
company, for the benefit of the
subjects of that Stool or the
members of that community or
company; and
"Treason" means treason as defined
in article 19 of this
Constitution.
(2) In this Constitution and in
any other law—
(a) a reference to the holder of
an office by the term designating
his office, shall, unless the
context otherwise requires, be
construed as including a reference
to a person for the time being
lawfully acting in or performing
the functions of that office;
(b) references to the power to
remove a public officer from his
office shall be construed, subject
to clause (4) of this article, as
including references to a power
conferred by any law to require or
permit that officer to retire from
the public service.
(3) Nothing in paragraph (b) of
clause (2) of this article shall
be construed as conferring on any
person or authority power to
require a Justice of the Superior
Court of Judicature or the
Auditor-General to retire from the
public service.
(4) A power conferred by a law to
permit a person to retire from the
public service shall, in the case
of a public officer who may be
removed from office by some person
or authority, other than a
commission established by this
Constitution, vest in the
President acting in accordance
with the advice of the appropriate
authority.
(5) For the purposes of this
Constitution and any other law, a
person shall not be considered as
holding a public office by reason
only of the fact that he is in
receipt of a pension or other
similar allowance in respect of
service under the Government of
Ghana.
(6) A provision in this
Constitution that vests in a
person or authority power to
remove a public officer from his
office, shall be without prejudice
to the power of any person or
authority to abolish an office or
to a law for compulsory retirement
of public officers generally or
any class of public officers on
attaining the age specified in the
law.
(7) Where power is vested by this
Constitution in any person or
authority to appoint a person to
act in or perform the functions of
an office if the holder of the
office is unable to perform those
functions, the appointment shall
not be called in question on the
ground that the holder of the
office could have performed those
functions.
(8) No provision of this
Constitution or of any other law
to the effect that a person or
authority shall not be subject to
the direction or control of any
other person or authority in the
performance of any functions under
this Constitution or that law,
shall preclude a court from
exercising jurisdiction in
relation to any question whether
that person or authority has
performed those functions in
accordance with this Constitution
or the law.
(9) In this Constitution
references to the alteration of
any of the provisions of this
Constitution or of an Act of
Parliament include references to
the amendment, modification,
re-enactment with amendment or
modification, the suspension or
repeal of that provision and the
making of a different provision in
place of that provision.
Article 296—Exercise of
Discretionary Power.
Where in this Constitution or in
any other law discretionary power
is vested in any person or
authority—
(a) that discretionary power shall
be deemed to imply a duty to be
fair and candid;
(b) the exercise of the
discretionary power shall not be
arbitrary, capricious or biased
either by resentment, prejudice or
personal dislike and shall be in
accordance with due process of
law; and
(c) where the person or authority
is not a judge or other judicial
officer, there shall be published
by constitutional instrument or
statutory instrument, regulations
that are not inconsistent with the
provisions of this Constitution or
that other law to govern the
exercise of the discretionary
power.
Article 297—Implied Power, Etc.
In this Constitution and in any
other law—
(a) the power to appoint a person
to hold or to act in an office in
the public service shall include
the power to confirm appointments,
to exercise disciplinary control
over persons holding or acting in
any such office and to remove the
persons from office;
(b) where a power is conferred or
a duty is imposed, the power may
be exercised and the duty shall be
performed, from time to time, as
occasion requires;
(c) where a power is given to a
person or authority to do or
enforce the doing of an act or a
thing, all such powers shall be
deemed to be also given as are
necessary to enable that person or
authority to do or enforce the
doing of the act or thing;
(d) where a power is conferred to
make any constitutional or
statutory instrument, regulation
or rule or pass any resolution or
give any direction, the power
shall be construed as including
the power, exercisable in the same
manner, to amend or to revoke the
constitutional or statutory
instrument, regulation, rules or
resolution or direction as the
case may be;
(e) words importing male persons
include female persons and
corporations;
(f) words in the singular include
the plural, and words in the
plural include the singular;
(g) where a word is defined, other
parts of speech and tenses of that
word have corresponding meanings;
(h) words directing or empowering
a public officer to do any act or
thing, or otherwise applying to
him by the designation of his
office, include his successors in
office and all his deputies and
all other assistants;
(i)
words directing or empowering a
Minister of State to do an act or
a thing, or otherwise applying to
him by the designation of his
office, include a person acting
for him, or if the office is
vacant, a person designated to act
in that office by or under the
authority of an Act of Parliament
and also his successors in office
and all his deputies or other
assistants;
(j) where a power is conferred or
a duty is imposed on the holder of
an office as such, the power may
be exercised and the duty shall be
performed by the person for the
time being charged with the
performance of the functions of
that office.
Article 298—Residual Powers of
Parliament.
Subject to the provisions of
Chapter 25 of this Constitution,
where on any matter, whether
arising out of this Constitution
or otherwise, there is no
provision, express or by necessary
implication of this Constitution
which deals with the matter, that
has arisen, Parliament shall, by
an Act of Parliament, not being
inconsistent with any provision of
this Constitution, provide for
that matter to be dealt with.
Article 299—Transitional
Provisions.
The transitional provisions
specified in the First Schedule to
this Constitution shall have
effect notwithstanding anything to
the contrary in this Constitution.
FIRST SCHEDULE—TRANSITIONAL
PROVISIONS
PART I—FIRST PRESIDENT
Section 1—First President.
(1) Notwithstanding anything in
this Constitution, the person duly
elected President of Ghana under
the law in force immediately
before the coming into force of
this Constitution shall be taken
to have been duly elected for the
purposes of this Constitution.
(2) The President referred to in
subsection (1) of this section
shall assume office as President
on the date of the coming into
force of this Constitution
notwithstanding anything in this
Constitution.
PART II—FIRST PARLIAMENT
Section 2—First Parliament.
(1) Notwithstanding anything in
this Constitution, the persons
duly elected as members of
Parliament under the law in force
immediately before the coming into
force of this Constitution, shall
be taken to have been duly elected
members of Parliament for the
purposes of this Constitution.
(2) The person who was Clerk of
the Consultative Assembly or such
other public officer as the
Provisional National Defence
Council may designate, shall,
notwithstanding anything to the
contrary in this Constitution, act
as Clerk to Parliament until a
Clerk is appointed under article
124 of this Constitution.
(3) The person who was Clerk of
the Consultative Assembly
established under the Consultative
Assembly Law, 1991 (PNDCL 253) or
other person designated under
subsection (2) of this section
shall, not later than seven days
after the coming into force of
this Constitution, summon a
meeting of Parliament for the
election of the Speaker, the
taking of oaths by members of
Parliament, the swearing in of the
President and the approval of
Ministers of State and Deputy
Ministers for appointment under
this Constitution.
(4) For the avoidance of doubt,
any notice given before the coming
into force of this Constitution
summoning Parliament to meet for
the purposes of subsection (3) of
this section, shall be deemed to
be a valid notice for all
purposes.
(5) The Standing Orders of the
Parliament under the Constitution
of the Republic of Ghana, 1979
shall apply to the proceedings of
Parliament until Parliament
otherwise determines under article
110 of this Constitution.
PART III—THE JUDICIARY
Section 3—Functions of Superior
Courts of Judicature.
(1) The Supreme Court, the Court
of Appeal and the High Court in
existence immediately before the
coming into force of this
Constitution shall be deemed to
have been established under this
Constitution and shall perform the
functions of the Supreme Court,
the Court of Appeal and the High
Court specified respectively in
Chapter 11 of this Constitution.
(2) All proceedings pending before
any court referred to in
subsection (1) of this section
immediately before the coming into
force of this Constitution may be
proceeded with and completed in
that Court notwithstanding
anything in this Constitution.
Section 4—Continuance of
Appointments of Justices of the
Superior Courts.
(1) A Justice of the Supreme
Court, the Court of Appeal or the
High Court holding office
immediately before the coming into
force of this Constitution, shall
continue to hold office as if
appointed to that office under
this Constitution.
(2) Any person to whom this
section applies shall, on the
coming into force of this
Constitution, take and subscribe
the oath of allegiance and the
judicial oath set out in the
Second Schedule to this
Constitution.
Section 5—Continuance in Existence
of Public Tribunals Board for Six
Months.
The Public Tribunals Board shall
cease to exist within six months
after the coming into force of
this Constitution and its
functions, assets and liabilities
are transferred to the Judicial
Council.
Section 6—Parliament to Prescribe
Jurisdiction of Regional Tribunal
and Establish Lower Courts and
Tribunals.
Parliament shall, within six
months after the coming into force
of this Constitution—
(a) prescribe by law the
jurisdiction of Regional Tribunals
for the purposes of article 143 of
this Constitution; and
(b) establish lower courts or
tribunals for the purposes of
article 126 of this Constitution.
Section 7—Existing Public
Tribunals and Other Courts.
(1) All cases partly heard before
any of the following Public
Tribunals immediately before the
coming into force of this
Constitution, may be continued and
completed before that public
tribunal—
(a) the National Public Tribunal;
(b) Regional Public Tribunals;
(c) District Public Tribunals; and
(d) Community Public Tribunals.
(2) All cases partly heard before
any Circuit Court, District Court
Grade I or District Court Grade II
immediately before the coming into
force of this Constitution may be
continued and completed before
that Court.
(3) The National Public Tribunal
shall cease to exist upon
completion of the partly heard
cases referred to in subsection
(1) of this section, or within six
months after the coming into force
of this Constitution, whichever is
earlier.
(4) All cases other than those
referred to in subsection (1) of
this section pending before the
National Public Tribunal
immediately before the coming into
force of this Constitution, shall
be transferred to such court or
tribunal as the Chief Justice may
direct.
(5) Any person employed with any
Public Tribunal immediately before
the coming into force of this
Constitution and who is qualified
and suitable for appointment to
any office or position in the
Judicial Service, may be so
appointed if recommended to be
appointed by the Judicial Council.
PART IV—MISCELLANEOUS
Section 8—Existing Offices.
(1) A person who immediately
before the coming into force of
this Constitution held or was
acting in an office in existence
immediately before the coming into
force of this Constitution, shall
be deemed to have been appointed
as far as is consistent with the
provisions of this Constitution,
to hold or act in the equivalent
office under this Constitution.
(2) A person who before the coming
into force of this Constitution
would have been required under the
law in force to vacate his office
at the expiration of a period of
service shall, notwithstanding the
provisions of subsection (1) of
this section, vacate his office at
the expiration of that period.
(3) This section shall be without
prejudice to any powers conferred
by or under this Constitution or
any other law not being
inconsistent with any provision of
this Constitution, upon any person
or authority to make provision of
this Constitution, upon any person
or authority to make provision for
the abolition of office, for the
removal from office of persons
holding or acting in any office
and for requiring those persons to
retire from office.
(4) In determining, for the
purposes of any law relating to
retiring benefits or otherwise to
length of service, the length of
service of a public officer to
whom the provisions of subsections
(1) and (2) of this section apply,
service as a public officer under
the Government which terminates
immediately before the coming into
force of this Constitution shall
be deemed to be continuous with
service as a public officer which
begins immediately at such coming
into force.
(5) A person to whom the
provisions of this section apply
shall, immediately on the coming
into force of this Constitution or
at any convenient time thereafter,
take and subscribe the oath, if
any, required for that office by
law.
(6) A person who was entitled to
retire on his salary immediately
before the coming into force of
this Constitution shall have the
same terms and conditions of
service relating to retiring
awards as he enjoyed immediately
before the coming into force of
this Constitution; and
accordingly, nothing in this
Constitution or in this Schedule
shall adversely affect the
conditions of service of any such
person.
(7) The terms and conditions of
service of a person to whom
subsection (1) of this section
applies shall not be less
favourable than those applicable
to him immediately before the
coming into force of this
Constitution.
Section 9—Certain Appointments to
be made within Six Months After
President Assumes Office.
The first appointments to the
following offices shall be made
within six months after the
assumption of office of the
President—
(a) the Commissioner for Human
Rights and Administrative Justice
and his Deputies;
(b) the District Assemblies Common
Fund Administrator;
(c) the Chairman, the Deputy
Chairmen and Members of the
Electoral Commission;
(d) the Chairmen and other members
of—
(i)
the National Council for Higher
Education howsoever described;
(ii) the National Media
Commission; and
(iii) the National Commission for
Civic Education.
Section 10—Public Corporations.
Until Parliament enacts an Act of
Parliament in accordance with
article 192 of this Constitution
for the establishment or operation
of a public corporation, a public
corporation in existence
immediately before the coming into
force of this Constitution shall
continue its operations under the
enactment under which it was
established.
Section 11—Office of Ombudsman.
The office of the Ombudsman in
existence immediately before the
coming into force of this
Constitution shall, until the
President appoints the
Commissioner for Human Rights and
Administrative Justice and his
Deputies, and provision is
otherwise made, continue as if it
forms part of the Office of the
Commission for Human Rights and
Administrative Justice.
Section 12—Cases Pending Before
ORC, NIC and SHAPIC.
Notwithstanding anything in this
Constitution to the contrary, all
cases pending before the Office of
Revenue Commissioners established
under the Revenue Commissioners
Law, 1984 (PNDCL 80), the National
Investigations Committee
established under the National
Investigations Committee Law, 1982
(PNDCL 2) and the State Houses
(Allocation Policy and
Implementation) Commission
established under the State Houses
(Allocation Policy and
Implementation) Commission Law,
1984 (PNDCL 83) in existence
immediately before the coming into
force of this Constitution may be
proceeded with and completed by
that Commission or Committee,
until the submission of its report
or until it is otherwise dissolved
in accordance with law.
Section 13—Age for Social Security
Pension.
Notwithstanding article 199 of
this Constitution, a person is not
entitled to receive pension under
the Social Security Scheme under
the Social Security Law, 1991, (PNDCL
247) before attaining the age of
fifty-five years unless Parliament
by law otherwise determines.
Section 14—Existing Commissions
and Committees of Inquiry.
(1) Notwithstanding anything in
this Constitution to the contrary
any commission or committees of
inquiry in existence immediately
before the coming into force of
this Constitution, may continue in
existence until the submission of
its report or until it is
otherwise dissolved in accordance
with law.
(2) For the avoidance of doubt,
the report and findings of a
commission or committee of inquiry
established before the coming into
force of this Constitution under
any enactment shall have the same
effect as the report or findings
of a commission of inquiry
established under this
Constitution.
Section 15—Pending Matters.
Where any matter or thing has been
commenced before the coming into
force of this Constitution by a
person or authority that has power
for the purpose under the existing
law, that matter or thing may be
carried on and completed by the
person or authority having power
for the purpose after the coming
into force of this Constitution;
and it shall not be necessary for
the person or authority to
commence the matter or thing
afresh.
Section 16—Official Seals, Etc.
The Presidential seal, the Public
seal, the seals of the Superior
Courts as well as any prescribed
forms in use under any enactment
in force immediately before the
coming into force of this
Constitution shall continue to be
used until provision is otherwise
made for them.
Section 17—Prerogative of Mercy.
The prerogative of mercy of the
President under article 72 of this
Constitution may be exercised in
respect of any criminal offence
committed before the coming into
force of this Constitution as it
may in respect of a criminal
offence committed thereafter.
Section 18—Consolidated Fund and
Contingency Fund to Continue.
(1) The Consolidated Fund and the
Contingency Fund in existence
immediately before the coming into
force of this Constitution, shall,
until otherwise provided by law,
continue in existence as the
Consolidated Fund and the
Contingency Fund referred to in
article 175 of this Constitution.
(2) Subject to this Constitution,
every payment required or
authorised to be made into a
public fund or out of a public
fund under any enactment in force
immediately before the coming into
force of this Constitution shall
continue to be made into or out of
that fund.
Section 19—Estimates for Current
Financial Year to Continue to have
Effect.
Notwithstanding any law to the
contrary, the financial estimates
in operation for the financial
year in being at the coming into
force of this Constitution shall,
until provision is otherwise made
by Act of Parliament, continue and
shall have full effect.
Section 20—Payment and Saving of
Rights under Former Constitutions
and Laws.
All compensations, pensions,
gratuities and similar allowances
granted in accordance with the
provisions of any Constitution or
any other law formerly in force in
Ghana and which were payable
immediately before the coming into
force of this Constitution, shall,
notwithstanding the abrogation or
repeal of any such Constitution or
law, as the case may be, continue
to be payable and are charged on
the Consolidated Fund.
Section 21—Enactments not Yet in
Force.
Where immediately before the
coming into force of this
Constitution any existing
enactment had not been brought
into force or was to come into
force on a date subsequent to such
coming into force, the enactment
may be brought into force in
accordance with its terms, or
shall come into force upon such
subsequent date, as the case may
be.
Section 22—Register of Voters and
Electoral Commission.
(1) The register of voters for
public elections and referenda in
existence immediately before the
coming into force of this
Constitution shall, on the coming
into force of this Constitution,
have effect as if it was compiled
under this Constitution.
(2) Subject to this Constitution,
the Interim National Electoral
Commission in existence
immediately before the coming into
force of this Constitution shall,
on the coming into force of this
Constitution and until the
President appoints the members of
the Electoral Commission under
section 9 of this Schedule,
exercise the functions and powers
provided for the Electoral
Commission in this Constitution.
Section 23—District Assemblies,
Etc. Continued in Existence
Subject to Constitution.
(1) Until Parliament otherwise
provides by law, existing laws
regulating the operation of
District Assemblies and other
local authorities shall continue
to regulate their operations.
(2) Until Parliament establishes
the District Assemblies Common
Fund in accordance with article
252 of this Constitution, all
taxes and other moneys collected
exclusively for District
Assemblies shall continue to be
collected exclusively for District
Assemblies under the enactments
under which they were collected.
Section 24—Houses of Chiefs, Etc.
The National House of Chiefs, the
Regional Houses of Chiefs, the
Traditional Councils and all
Judicial Committees of those
bodies in existence immediately
before the coming into force of
this Constitution shall, on the
coming into force of this
Constitution, continue in
existence subject to this
Constitution.
Section 25—Consequential
Amendments to Oaths Decree, 1972 (NRCD
6).
The Oaths Decree, 1972 (NRCD 6),
as amended, shall have effect
subject to the provisions of this
Constitution.
Section 26—General Adaptation of
Existing Enactments.
Except where the context otherwise
requires and subject to the other
provisions of this Part, in all
enactments in existence
immediately before the coming into
force of this Constitution—
(a) for any reference to the
Provisional National Defence
Council there shall be substituted
a reference to the Cabinet;
(b) for any reference to the
Secretary to the Provisional
National Defence Council where the
reference relates to the functions
normally performed by the
Secretary to the Cabinet the
reference shall be a reference to
the Secretary to the Cabinet,
(c) any reference to the Secretary
to the Committee of Secretaries
shall be a reference to the Head
of the Civil Service;
(d) for any reference to a
Secretary, being an individual of
ministerial rank, there shall be
substituted a reference to a
Minister;
(e) for any reference to a Member
of the Provisional National
Defence Council responsible for
any subject or department of State
there shall be substituted a
reference to the Minister
responsible for that subject or
department of State.
Section 27—Chief of Defence Staff
to Include General Officer
Commanding.
In this Constitution, any
reference to the Chief of Defence
Staff shall be deemed to include
any person who holds or held the
office of General Officer
Commanding.
Section 28—Reference to Government
in Enactments.
(1) A reference to the Government
in an enactment in existence
immediately before the coming into
force of this Constitution, where
the reference relates to a
legislative function normally
performed by Parliament or a
National Assembly shall be
construed as a reference to
Parliament.
(2) A reference to the Government
in an enactment in existence
immediately before the coming into
force of this Constitution, where
the reference relates to an
executive function of the
Government, shall be construed as
a reference to the President.
Section 29—References to
Provisional National Defence
Council in Enactments.
(1) A reference to the Provisional
National Defence Council in any
enactment in existence immediately
before the coming into force of
this Constitution, where the
reference was originally a
reference to the President shall,
be construed as a reference to the
President.
(2) A reference to the Provisional
National Defence Council in any
enactment in existence immediately
before the coming into force of
this Constitution, where the
reference relates to a legislative
function normally performed by
Parliament or a National Assembly
shall be construed as a reference
to Parliament.
(3) A reference to the Provisional
National Defence Council in any
enactment in existence immediately
before the coming into force of
this Constitution, where the
reference relates to an executive
function of the Council shall be
construed as a reference to the
President.
(4) A reference to the Provisional
National Defence Council in any
enactment in existence immediately
before the coming into force of
this Constitution, where the
reference relates to the making of
a statutory instrument, shall be
construed as a reference to the
President or to any Minister or
authority designated by the
President.
Section 30—Modifications of
Existing Laws by the President.
The First President under this
Constitution may, at any time
within twelve months after
assuming office as President, by
constitutional instrument, make
such provision as may appear
necessary for repealing,
modifying, adding to or adapting
any law for bringing it into
accord with the provisions of this
Constitution or otherwise for
giving effect to this
Constitution.
Section 31—Continuation of Effect
of Matters Prescribed by Existing
Law.
(1) Where any matter that falls to
be prescribed or otherwise
provided for under this
Constitution by Parliament or by
any other authority or person, is
prescribed or provided for by or
under any existing law or is
otherwise lawfully prescribed or
provided for immediately before
the coming into force of this
Constitution, that prescription or
provision shall, as from the
coming into force of this
Constitution, have effect with
such modifications, adaptations,
qualifications and exceptions as
may be necessary to bring it into
conformity with this Constitution
as if made under this Constitution
by Parliament or, as the case may
be, by the other authority or
person.
(2) For the avoidance of doubt,
and without prejudice to the
general effect of subsection (1)
of this section, where anything is
required or authorised by this
Constitution to be prescribed or
provided for by or under an Act of
Parliament, it shall be deemed to
be duly prescribed or provided
for, if it has been prescribed or
provided for by or under an Act,
Decree, or a Law in force
immediately before the coming into
force of this Constitution.
Section 32—Succession to Property.
(1) Subject to the provisions of
articles 257 and 258 of this
Constitution, all properties and
assets which immediately before
the coming into force of this
Constitution were vested in any
authority or person for the
purposes of, or in right of, the
Government of Ghana or in the
Government of Ghana, shall, on the
coming into force of this
Constitution, without further
assurance than this section, vest
in the President.
(2) Any property which was liable,
immediately before the coming into
force of this Constitution, to
entreat or to be forfeited to the
Government of Ghana shall be
liable to entreat or to be
forfeited to the Government of
Ghana under this Constitution.
(3) Where immediately before the
coming into force of this
Constitution any person held any
property or asset in trust—
(a) for the President of Ghana
under the Constitution that was
abrogated on 31st December, 1981;
or
(b) for the Provisional National
Defence Council or the Government
of Ghana;
for the purposes of, or in right
of, the Government of Ghana, that
person shall, on the coming into
force of this Constitution, hold
the property or asset subject to
the provisions of articles 257 and
258 of this Constitution, on the
same trust for the Government of
Ghana established under this
Constitution.
(4) In this section, references to
property and assets vested in or
held in trust shall include
property and assets vested in or
held in trust immediately before
the 31st day of December 1981, for
an interest which extended beyond
the 30th day of December, 1981 and
has not been surrendered.
Section 33—Devolution of Other
Rights and Liabilities.
Subject to section 32 of this
Schedule—
(a) where under an existing law, a
right, prerogative, power,
privilege or function is vested in
the Provisional National Defence
Council, that right, prerogative,
power, privilege or function
shall, on the coming into force of
this Constitution, vest in the
President or such other person or
authority as is specified under
this Constitution who, subject to
the provisions of this
Constitution or any other law, may
do all things necessary for its
exercise or performance; and
(b) any right, power, privilege,
obligation, liability, duty or
function vested in, or subsisting
against the Government of Ghana by
or under an existing law shall
continue to so vest or subsist.
Section 34—Indemnity.
(1) No member of the Provisional
National Defence Council,
Provisional National Defence
Council Secretary, or other
appointees of the Provisional
National Defence Council shall be
held liable either jointly or
severally, for any act or omission
during the administration of the
Provisional National Defence
Council.
(2) It is not lawful for any court
or tribunal to entertain any
action or take any decision or
make any order or grant any remedy
or relief in any proceedings
instituted against the Government
of Ghana or any person acting
under the authority of the
Government of Ghana whether before
or after the coming into force of
this Constitution or against any
person or persons acting in
concert or individually to assist
or bring about the change in
Government which took place on the
twenty-fourth day of February
1966, on the thirteenth day of
January 1972, on the fourth day of
June 1979 and on the thirty-first
day of December 1981 in respect of
any act or omission relating to,
or consequent upon—
(a) the overthrow of the
government in power before the
formation of the National
Liberation Council, the National
Redemption Council, the Supreme
Military Council, the Armed Forces
Revolutionary Council and the
Provisional National Defence
Council; or
(b) the suspension or abrogation
of the Constitutions of 1960, 1969
and 1979; or
(c) the establishment of the
National Liberation Council, the
National Redemption Council, the
Supreme Military Council which
took office on the ninth day of
October 1975, the Supreme Military
Council established on the fifth
day of July 1978, the Armed Forces
Revolutionary Council, or the
Provisional National Defence
Council; or
(d) the establishment of this
Constitution.
(3) For the avoidance of doubt, it
is declared that no executive,
legislative or judicial action
taken or purported to have been
taken by the Provisional National
Defence Council or the Armed
Forces Revolutionary Council or a
member of the Provisional National
Defence Council or the Armed
Forces Revolutionary Council or by
any person appointed by the
Provisional National Defence
Council or the Armed Forces
Revolutionary Council in the name
of either the Provisional National
Defence Council or the Armed
Forces Revolutionary Council shall
be questioned in any proceedings
whatsoever and, accordingly, it
shall not be lawful for any court
or other tribunal to make any
order or grant any remedy or
relief in respect of any such act.
(4) The provisions of subsection
(3) of this section shall have
effect notwithstanding that any
such action as is referred to in
that subsection was not taken in
accordance with any procedure
prescribed by law.
(5) It is not lawful for any court
or tribunal to entertain an action
instituted in respect of an act or
omission against a person acting
or omitting to act, on the
instructions or authority of the
Provisional National Defence
Council or the Armed Forces
Revolutionary Council or a member
of the Provisional National
Defence Council or the Armed
Forces Revolutionary Council and
alleged to be in contravention of
any law, whether substantive or
procedural, in existence before or
during the administration of the
Provisional National Defence
Council or the Armed Forces
Revolutionary Council.
Section 35—Preservation of
Confiscation and Penalties Imposed
by AFRC and PNDC.
(1) Subject to subsection (2) of
this section, any confiscation of
any property and any other
penalties imposed by or under the
authority of the Armed Forces
Revolutionary Council and the
Provisional National Defence
Council under any Decree or Law
made by that Council, shall not be
reversed by any authority under
this Constitution.
(2) Where any property or part of
any property of a person was
confiscated on the basis of his
holding a public or political
office or on any other basis, and
it is established to the
satisfaction of the Commissioner
for Human Rights and
Administrative Justice that the
property or that part was acquired
before he assumed the public or
political office, or that it was
otherwise lawfully acquired, the
property or that part shall be
returned to that person.
Section 36—Abrogation of PNDC
(Establishment) Proclamation.
(1) Upon the coming into force of
this Constitution, the Provisional
National Defence Council
(Establishment) Proclamation 1981
and the Provisional National
Defence Council (Establishment)
Proclamation (Supplementary and
Consequential Provisions) Law,
1982 (PNDCL 42) shall cease to
have effect.
(2) Notwithstanding the abrogation
of the Proclamation referred to in
subsection (1) of this section,
any enactment or rule of law in
force immediately before the
coming into force of this
Constitution shall, in so far as
it is not inconsistent with a
provision of this Constitution,
continue in force as if enacted,
issued, or made under the
authority of this Constitution.
Section 37—Sections not to be
Amended.
Notwithstanding anything in
Chapter 25 of this Constitution,
Parliament shall have no power to
amend this section or sections 34
and 35 of this Schedule.
SECOND SCHEDULE—FORMS OF OATH
The Oath of Allegiance
I,
..........................................................
do (in the name of the Almighty
God swear) (solemnly affirm) that
I will bear true faith and
allegiance to the Republic of
Ghana as by law established; that
I will uphold the sovereignty and
integrity of Ghana; and that I
will preserve, protect and defend
the Constitution of the Republic
of Ghana.(So help me God).
To be sworn before the President,
the Chief Justice or such other
person as the President may
designate.
The Presidential Oath
I,....................................................
having been elected to the high
office of President of the
Republic of Ghana do (in the name
of the Almighty God swear)
(solemnly affirm) that I will be
faithful and true to the Republic
of Ghana; that I will at all times
preserve, protect and defend the
Constitution of the Republic of
Ghana; and that I dedicate myself
to the service and well-being of
the people of the Republic of
Ghana and to do right to all
manner of persons.
I
further (solemnly swear) (solemnly
affirm) that should I at any time
break this oath of office I shall
submit myself to the laws of the
Republic of Ghana and suffer the
penalty for it. (So help me God).
To be administered by the Chief
Justice before Parliament.
The Oath of the Vice-President
I,
...........................................................having
been elected to the office of
Vice-President of the Republic of
Ghana, do (in the name of the
Almighty God swear) (solemnly
affirm) that I will be faithful
and true to the Republic of Ghana;
that I will at all times preserve,
protect and defend the
Constitution of the Republic of
Ghana; and I dedicate myself to
the service and well-being of the
people of the Republic of Ghana
and to do right to all manner of
persons.
I
further (solemnly swear) (solemnly
affirm) that should I at any time
break this oath of office, I shall
submit myself to the laws of the
Republic of Ghana and suffer the
penalty for it. (So help me God).
To be administered by the Chief
Justice before Parliament.
The Judicial Oath
I,............................................................
having been appointed (Chief
Justice/a Justice of the Supreme
Court/a Justice of the Court of
Appeal/a Justice of the High Court
of Justice, etc.) do (in the name
of the Almighty God swear)
(solemnly affirm) that I will bear
true faith and allegiance to the
Republic of Ghana as by law
established; that I will uphold
the sovereignty and integrity of
the Republic of Ghana; and that I
will truly and faithfully perform
the functions of my office without
fear or favour, affection or
ill-will; and that I will at all
times uphold, preserve, protect
and defend the Constitution and
laws of the Republic of Ghana.
(So help me God).
To be sworn before the President,
the Chief Justice or such other
person as the Chief Justice may
designate.
The Oath of Member of Council of
State
I,...........................................................
do (solemnly swear in the name of
the Almighty God) (solemnly
affirm) that I will faithfully and
conscientiously perform my duties
as a member of the Council of
State and uphold, preserve,
protect and defend the
Constitution of the Republic of
Ghana. (So help me God).
To be sworn before the President.
The Cabinet Oath
I,..........................................................
having been appointed a member of
the Cabinet do (in the name of the
Almighty God swear) (solemnly
affirm) that I will not directly
or indirectly reveal such matters
as shall be debated in the Cabinet
and committed to my secrecy; and
that I will uphold, preserve,
protect and defend the
Constitution of the Republic of
Ghana. (So help me God).
To be sworn before the President.
The Oath of Minister of State
I,......................................................
having been appointed Minister of
State (Deputy Minister) of the
Republic of Ghana, do (in the name
of the Almighty God swear)
(solemnly affirm) that I will at
all times well and truly serve the
Republic of Ghana in the office of
Minister of State (Deputy
Minister); that I will uphold,
preserve, protect and defend the
Constitution of the Republic of
Ghana as by law established; that
I will, to the best of my
judgment, at all times when
required, freely give my counsel
and advice for the good management
of the public affairs of the
Republic of Ghana; and that I will
not directly or indirectly reveal
any matters that shall come to my
knowledge in the discharge of my
duties and committed to my secrecy
as Minister of State (Deputy
Minister). (So help me God).
To be sworn before the President
The Oath of Secrecy
I,...........................................................
holding the office of
..........................................
do (in the name of the Almighty
God swear) (solemnly affirm) that
I will not directly or indirectly
communicate or reveal to any
person any matter which shall be
brought under my consideration or
shall come to my knowledge in the
discharge of my official duties
except as may be required for the
discharge of my official duties or
as may be specially permitted by
law. (So help me God).
To be sworn before the President,
the Chief Justice or such other
person as the President may
designate.
The Official Oath
I,............................................................
do (in the name of the Almighty
God swear) (solemnly affirm) that
I will at all times well and truly
serve the Republic of Ghana in the
office of
.......................................
and that I will uphold, preserve,
protect and defend the
Constitution of the Republic of
Ghana as by law established. (So
help me God).
To be sworn before the President
or such other person as the
President may designate.
The Speaker's Oath
I,.............................................................
do (in the name of the Almighty
God swear) (solemnly affirm) that
I will bear true faith and
allegiance to the Republic of
Ghana as by law established; that
I will uphold the integrity of the
Republic of Ghana; that I will
faithfully and conscientiously
discharge my duties as Speaker of
Parliament; and that I will
uphold, preserve, protect and
defend the Constitution of the
Republic of Ghana; and that I will
do right to all manner of persons
in accordance with the
Constitution of Ghana and the laws
and conventions of Parliament
without fear or favour, affection
or ill-will. (So help me God).
To be sworn before the Chief
Justice.
The Oath of a Member of Parliament
I,.............................................................
having been elected a member of
Parliament do (in the name of the
Almighty God swear) (solemnly
affirm) that I will bear true
faith and allegiance to the
Republic of Ghana as by law
established; that I will uphold,
preserve, protect and defend the
Constitution of the Republic of
Ghana; and that I will faithfully
and conscientiously discharge the
duties of a member of Parliament.
(So help me God).
To be sworn before the Speaker.
The Oath of the Auditor-General
I,..........................................................
having been appointed
Auditor-General of the Republic of
Ghana do (in the name of the
Almighty God swear) (solemnly
affirm) that I will bear true
faith and allegiance to the
Republic of Ghana; that I will
uphold, preserve, protect and
defend the Constitution of the
Republic of Ghana; and that I will
truly and faithfully perform the
functions of my office without
fear or favour, affection or
ill-will. (So help me God).
To be sworn before the President,
or such other person as the
President may designate.
Made this 8th day of May, 1992.
FLT.-LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 15th
May, 1992.
amended by
CONSTITUTION OF THE REPUBLIC OF
GHANA (AMENDMENT) ACT, 1996 (ACT
527).1
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