Act 527
THE FI VI:' HUNDRED AND TWENTY ACT
-SEVENTH
Of THE PARLIAMEN'I OF THE REPUBLIC 01- GHANA
ENTITIXD
THE CONSTITUTION OF THE REPUBLIC OF GHANA (AMENDMENT) ACT, 1996
AN ACI w amend the Constitution orthe Republic of Ghana. DATE OF ASSENT: /6111 Decemher, /996
HI. IT ENACTED h) Parliament as follows-·
Article 8 of the Constitution substituted "Dual citizenship
I. Article" of the Constitution is repealed and the following inserted - 8 (I) A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship or Ghana
(2) Without prejudice to article 94 (2) tal of the Constitution. no citizen or Ghana shall qualify to be appointed as a holder of an) office" specified in this clause if" he holds the citizenship of" any other count!") in addition to his citizenship of Ghana -
(0) Ambassador or High Commissioner: (h) Secretal"\' to the Cahinet; (el Chief ot'Dcfencc Stall or am Service Chief: (d) Inspector-General of Police:" Ie) Commissioner. Customs, Excise and Preventive Service:
aDd the
Act 527 Constitution of the Republic of Ghana (Amendment) Act, 1996 (j) Director ofImmigration Service; and (g) any office specified by an Act of Parliament.
3. Where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own Country by virtue of that marriage, a citizen of Ghana who is deprived of his citizenship of Ghana by virtue of that marriage shall, on the dissolution of that marriage, become a citizen of Ghana".
Article 9 of the Constitution amended. 2. Article 9 of the Constitution is amended by the repeal of clause (5) thereof and the insertion of the following
"(5) Parliament may make provision by Act of Parliament for (a) the renunciation by any person of his citizenship of
Ghana; (b) the circumstances in which a person may acquire
citizenship of Ghana or cease to be a citizen of Ghana"
Artide.1U ofthe Constitution amended. 3. 112 ofthe Constitution is amended by the repeal of clause (S) insertion of the following
' . Whenever a vacancy occurs in Parliament, the Clerk of Parliament shall notify the Electoral Commission in writing within seven days after becoming aware that the vacancy has occurred; and a by-election shall be held within thirty days after the vacancy occurred except that where the vacancy occurred through the death of a member, the by-election shall be held within sixty days after the occurrence of the vacancy".
2
Constitution ofthe Republic ofGhana (Amendment) Act, 1996 Act 527
Article 114 of the Constitution amended. 4. Article 1 14 of the Constitution is repealed and the following inserted
"Gratuities for members of Parliament". 114. A person who has served as a member of Parliament for any period of time shall, on his death or on ceasing to be a member of Parliament in any circumstance, other than where he becomes disqualified as a member of Parliament or where he vacates his office under article 97 (1) (c) or (d), be eligible for the payment to his personal representatives or to him of such gratuity proportionate to his period of service as shall be determined by the President, acting in consultation with the Committee referred to in article 71 of this Constitution. "
Article 166 of the Constitution amended. 5. Article 166 of the Constitution is amended as follows
(a) by the insertion after sub-paragraph (viii) of paragraph (a) of clause (I) of the following
"(ix) the National Council on Women and Development; (x) the Trade Unions Congress; (xi) the Association of Private Broadcasters";
(b) by the substitution for "fifteen" in clause (I) of "eighteen";
(c) by the insertion after clause 2 of the following "(3) A person who is a founding member of a political party, is a leader or a member of its executive or holds any office in a political party shall not be qualified to be a member of the Commission".
Article 199 of the Constitution amended. 6. Article 199 of the Constitution is amended by the insertion after clause (3) of the following
"(4) Notwithstanding clause (I) of this article, a public officer who has retired from the public service after
3
Act 527 Constitution of the Republic of Ghana (Amendment) Act, 1996
attaining the age of sixty years may, where the exigencies of the service require, be engaged for a limited period of not more than two years at a time but not exceeding five years in all and upon such other terms and conditions as the appointing authority shall determine".
Article 201 of the Constitution amended. 7. Article 201 of the Constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph
"(aJ a chairman who shall be appointed by the President acting in consultation with the Council of State";
Article 206 of the Constitution amended. 8. Article 206 of the constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph
"(aJ a chairman who shall be appointed by the President acting in consultation with the Council of State;.
Article 211 of the Constitution amended. 9. Article 211 of the Constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph
"(aJ a chairman who shall be the President or his nominee";
Date of Gazette notification: 3 1 December, 1 996
REPUBLIC OF GHANA
CONSTITUTION
OF THE
REPUBLIC
OF
GHANA
1992
4
.·",�V."
5.
45
45
59
71
76
78
84
87
89
90
ARRANGEMENT OF CHAPTERS 10. THE LEGISLATURE 66 Composition of Parliament 66
THE PREAMBLE Procedure in Parliament
CHAPTER Summoning, Dissolution, etc
I. THE CONSTITUTION Privileges and Immunities 42. TERRITORIES OF GHANA Contempt of Parliament 80 63. CITIZENSHIP The Parliamentary Service 8 1 94. THE LAWS OF GHANA 11. THEJUDICIARY 82
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 1 1 General 82
General 1 1 The Supreme Court
Emergency Powers 27 The Court ofAppeal
Protection ofRights by the Courts 30 The High Court
6. THE DIRECTIVE PRINCIPLES OF STATE POLICY 3 1 Regional Tribunals
7. REPRESENTATION OF THE PEOPLE
Right to Vote
38
38 Appointment, retirement and removal of
Justices of Superior Courts and Chairmen 38Electoral Commission
and other members of Regional Tribunals. 42Political Parties
Appointment, retirement and removal 8. THE EXECUTIVE
of Judicial Officers
The Judicial Council The President
55International Relations Miscellaneous 98
56The Cabinet AND INDEPENDENCE OF THE MEDIA 10 1 The National Security Council 58
\ 05 National Development Planning Commission
61 Statistical Service
62 The Auditor-General
The Attomey- General
9. THE COUNCIL OF STATE
The Audit Service
ii
91
95
96
105
1 12
1 12
1 14
14. THE PUBLIC SERVICES
15 . THE POLICE SERVICE
16. THE PRISONS SERVICE
1 7. GHANA ARMED FORCES OF GHANA
18 . COMMISSION ON HUMAN RIGHTS AND
ADMINISTRATIVE JUSTICE
1 9. 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
iii
1 16
1 20
123
1 27
1 30
135
1 37
143
143
143
147
147
1 49
1 5 0
1 5 4
1 5 7
1 6 0
1 63
First Schedule
Part I
Part II
Part III
Part IV
Second Schedule
Oaths
SCHEDULES
Transitional Provisions
First President
First Parliament
The Judiciary
Miscellaneous
1 7 1
1 7 1
1 7 1
1 72
1 74
1 8 5
1 8 5
iv
23
24
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 ofGhana
5. Creation, Alteration or Merger of Regions
CHAPTER THREE
CITIZENSHIP
CHAPTER FOUR
THE LAWS OF GHANA
II. The Laws of Ghana 9
CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
General
1 2. Protection of Fundamental Human Rights and Freedoms I I
1 3. Protection of Right to Life I I
14. Protection of Personal Liberty 1 2
1 5. Respect for Human Dignity 1 3
1 6. Protection from Slavery and Forced Labour 1 4
1 7. Equality and Freedom from Discrimination 14
18 . Protection of Privacy of Horne and Other Property IS
19. Fair Trial IS
20. Protection from Deprivation of Property 19
2 1 . General Fundamental Freedoms 2 1
2
4
4
6
6
7
7
8
22. Property Rights of Spouses 6. Citizenship ofGhana
23. Administrative Justice 7. Persons entitled to be registered as Citizens
24. Economic Rights 8. Dual Citizenship
25. Educational Rights 9. Citizenship Laws by Parliament
26. Cultural Rights and Practices 241 0. Interpretation 27. Women's Rights 25
28. Children's Rights 25
29. Rights of Disabled Persons 26
30. Rights of the Sick 26
v
23
23
46.
47.
48.
49.
54.
55.
56.
57.
58.
59.
39
40
Regional and District Representatives of Commission
Expenses of Commission charged on Consolidated Fund
45
45
46
46
47
47
Emergency Powers
3 1 . Emergency Powers 27
32. Persons detained under Emergency Law 28 Independence of the Commission
Constituencies 39
Appeals from Decisions of Commission 40 Protection ofRights by the Courts
Voting at Election and Referenda 33. Protection of Rights by the Courts 30 50. Election of Candidates
41 5 1 . Regulation for Election and Referenda 41
CHAPTER SIX 52.
THE DIRECTIVE PRINCIPLES OF STATE POLICY 53. Appointment of Staff of Commission 34. Implementation of Directive Principles 3 1
35. Political Objectives 3 1
36. Economic Objectives 32 Political Parties 37. Social Objectives 34 Organization ofPolitical Parties 38. Educational Objectives 35 Restriction of certain Propaganda 39. Cultural Objectives 35
40. International Relations 36 CHAPTER EIGHT
4 1 . Duties ofa Citizen 36 THE EXECUTIVE
The President
CHAPTER SEVEN The President of Ghana REPRESENTATION OF THE PEOPLE Executive Authority ofGhana
Right to Vote Absence from Ghana
42. Right to Vote 38 60. The Vice- President and Succession to the Presidency 43. Electoral Commission 38 61 . Public and Presidential Seals 44. Qualifications, Terms and Conditions of Service 62. Qualifications of President
of Members of Electoral Commission 38
45. Functions of Electoral Commission 39
vii viii
4 1
42
42
42
44
r
IX
49 58
59
59
53 87.
73.
74.
75.
77.
63 Election ofPresident 48 The National Security Council
64. Challenging Election of President 83. The National Security Council
65. Presidential Election Regulations 50 84. Functions of the National Security Council
66. Term ofOffice of President 50 85. Establishment ofSecurity Services
67. Presidential Messages 50
68. Conditions ofOffice of President 50 National Development Planning Commission
69. Removal of President 5 1 86. National Development Planning Commission
Functions ofNational Development Planning Commission 6070. Appointments by President
71 . Determination o fcertain Emoluments 54
72. Prerogative of Mercy 55 The Attorney-General
88. The Attorney-General
International Relations
International Relations 55 CHAPTER NINE
Diplomatic Representation 55 THE COUNCIL OF STATE
Execution of Treaties 56
89. The Council of State 62 The Cabinet 90. Consideration of Bills by the Council of State 63
9 1 . Other Functions of the Council76.
78.
92. Meetings of Council of State
The Cabinet 56
Meetings of the Cabinet 56
Ministers ofState 56
79. Deputy Ministers 57
80. Oaths 57
8 1 . Tenure ofOffice of Ministers, etc. 57
82. Vote of Censure 57
X
59
61
63
64
Xl
70
74
79
79
CHAPTER TEN
THE LEGISLATURE
Composition ofParliament
93. The Parliament ofGhana 66
94. Qualifications and Eligibility 66
95. The Speaker 68
96. Deputy Speakers 69
97. Tenure ofOffice of Members 69
Summoning, Dissolution, etc
1 12. Sessions of Parliament 76
1 13 . Dissolution of Parliament 77
1 14. Gratuities for Members of Parliament 77
Privileges and Immunities
1 1 5. Freedom of Speech and ofProceedings 78
1 16. Immunity from Proceedings for Acts in Parliament 78
98. Emoluments of Members 70 1 17. Immunity from Service of Process and Arrest
1 1 8. Immunity from Witness Summons99. Determination of Membership
Procedure in Parliament
100. Oath of Members
101 . Presiding in Parliament
102. Quorum in Parliament
1 03. Committees ofParliament
104. Voting in Parliament
105. Unqualified Person Sitting or Voting
106. Mode ofExercising Legislative Power
1 19. Immunity from Service as Juror 79
120. Immunity for Publication of Proceedings 79
7 1 121 . Privileges of Witnesses 79
7 1
7 1 Contempt of Parliament
7 1 122. General Contempt 80
72 123. Criminal Proceedings 8 1
72
72 The Parliamentary Service
107. Retroactive Legislation 124. The Parliamentary Service
108. Settlement of Financial Matters 75
109. Professional Organisations 75
1 1 0. Standing Orders of Parliament 75
I I I . Attendance in Parliament of Vice- President and
Ministers 76
xii
8 1
87
93
93
CHAPTER ELEVEN
THE JUDICIARY
General
125. The Judicial Power of Ghana &2
126. Composition and Mode or Exercise of Power
of Judiciary 82
127. Independence of the Judiciary 83
The Supreme Court
128. Composition and Mode of Exercise of Power
ofJudiciary 84
129. General Jurisdiction of Supreme Court 84
130. Original Jurisdiction of Supreme Court 85
131. Appellate Jurisdiction of Supreme Court 85
132. Supervisory Jurisdiction of Supreme Court 86
133. Power of Supreme Court to Review its Decisions 86
134. Powers ofa Single Justice of Supreme Court 86
135. Production ofOfficial Documents in Court 87
The High Court
139. Composition of High Court and Qualifications
ofits Justices 89
140. Jurisdiction of the High Court 89
141. Supervisory Jurisdiction of the High Court 90
Regional Tribunals
142. Establishment and Composition of Regional Tribunals
and Qualifications of Chairmen and other
Panel Members 90
143. Jurisdiction of Regional Tribunals 91
Appointment, Retirement and Removal ofJustices
ofSuperior Courts and Chairmen and other Members
ofRegional Tribunals
144. Appointment ofJustices of Superior Courts and
Chairmen and other Members of Regional Tribunals 91
145. Retirement and Resignation ofJustices of the Superior
Courts and Chairmen of Regional Tribunals
The Court ofAppeal 146. Removal ofJustices of Superior Courts and Chairmen
136. Composition of Court of Appeal and Qualifications ofRegional Tribunals
of its Justices 147. Service Conditions and Removal of Panel Members
137. Jurisdiction of Court ofAppeal 88 of Regional Tribunal other than the Chairman
138. Powers of a Single Justice of Court of Appeal 88
xiii xiv
95
Appointment, Retirement and Removal of Judicial Officers
148. Appointment ofJudicial Officers 95
149. Conditions of Service ofJudicial Officers 95
ISO. Retirement and Resignation ofJudicial Officers 95
lSI. Removal ofJudicial Officers 96
152. Appointment, Allowances and Removal of Lower
Court or Tribunal Panel Members 96
The Judicial Council
153. Judicial Council 96
154. Functions of Judicial Council 97
Miscellaneous
ISS. Retiring Awards of Superior CourtJustices 98
156.Judicial Oath 98
157. Rules of Court 99
158. Other Officers and Employees of Courts 99
159. Regulations by ChiefJustice 100
160. Fees of the Courts to form part of Consolidated Fund 100
161. Interpretation 100
CHAPTER TWELVE
FREEDOM AND INDEPENDENCE OF THE MEDIA
162. Freedom and Responsibility of the Media 101
163. Responsibility of State-owned Media 101
164. Limitation on Rights and Freedoms 101
xv
165. Media Rights and Freedoms to be Additional to
Fundamental Human Rights 102
166. National Media Commission 102
167. Functions of the Commission 102
168. Appointment of Board Members of State-owned Media 103
169. Appointment of editors 103
170. Staff of Commission 103
171. Expenses of Commission charged on Consolidated
Fund 103
172. Independence of Commission 104
173. Independence ofJournalists 104
CHAPTER THIRTEEN
FINANCE
General
174. Taxation 105
175. Public Funds of Ghana 105
176. The Consolidated Fund lOS
177. Contingency Fund 106
178. Withdrawal from Public Funds, etc 106
179. Authorisation of Expenditure 107
180. Expenditure in Advance of Appropriation 108
181. Loans 108
182. Public Debt 110
183. The Central Bank 110
184. Foreign Exchange Dealings III
xvi
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 the 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
xvii
CHAPTER FIFTEEN
III THE POLICE SERVICE
112 200. The Police Service 120
201. The Police Council 120
202. The Inspector-General of Police and Appointment of
112 Members of Police Service 120
203. Functions of the Police Council 121
204. Regional Police Committees 121 114
114 CHAPTER SIXTEEN
THE PRISONS SERVICE
205. The Prisons Service 123
206. The Prisons Service Council 123 116 207. Director-General ofPrisons Service and
117 Appointment of Members of Service 123 117 208. Functions of Prisons Service Council 124 117 209. Regional Prisons Committees 125 117
118 CHAPTER SEVENTEEN
THE ARMED FORCES OF GHANA
118 210. Armed Forces of Ghana 127 119 211. Armed Forces Council 127 119 2 12. Appointments 127 119 213. The Chief of Defence Staff 128
214. Functions of Armed Forces Council 128
215. Delegation of Functions 129
xviii
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 Commission
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
xix
130
130
130
131
132
132
132
133
133
133
133
133
133
134
134
135
135
135
136
235. Terms and Conditions of Service of Members of
Commission 136
236. Removal of Chairman and Deputy Chairmen 136
237. Regional and District Branches of Commission 136
238. Appointment of Staff 136
239. Expenses of Commission charged on Consolidated Fund 136
CHAPTER TWENTY
DECENTRALIZATION AND LOCAL GOVERNMENT
240. Local Government 137 241. Districts of Local Government 137 242. Composition of District Assembly 138
243. District Chief Executive 138 244. Presiding Member 139 245. Functions of District Assemblies 139 246. Term ofDistrict Assembly 139 247. QualifICations and Procedures 140 248. Political Parties and Candidates for Election to
Local Government Units 140 249. Revocation of Mandate by Electorate 140 250. Emoluments of District Chief Executive and Presiding
Member 140
251. Executive Committee 140 > 252. District Assemblies Common Fund and Grants-in-Aid 141
2B. Audit 141 254. Further Decentralization 141
xx
255. Regional Co-ordinating Councils 141
256. Regional Ministers and Deputy Regional Ministers 142
CHAPTER TWENTY-ONE
LANDS AND NATURAL RESOURCES
Public Lands
257. Public Lands and other Public Property 143
258. Lands Commission 143
259. Membership of Commission 144
260. Regional Lands Commission 145
261. Membership of Regional Lands Commission 145
262. Regional Lands Officer 146
263. Qualifications of Members 146
264. Tenure of Office of Members of Commission 146
265. Independence of Lands Commission 146
Ownership ofLand by Non-Citizens
266. Ownership of Land by Non-Citizens 147
Stool and Skin Lands and Property
267. Stool and Skin Lands and Property 147
Protecting Natural Resources
268. Parliamentary Ratification of Agreements Relating to
Natural Resources 149
269. Natural Resources Commissions 149
xxi
CHAPTER TWENTY-TWO
CHIEFTAINCY
270. Institution of Chieftaincy 150
271. National House of Chiefs 150
272. Functions of the National House of Chiefs 151
273. Jurisdiction of the National House of Chiefs 151
274. Regional House of Chiefs 152
275. Disqualification of Convicted Persons 153
276. Chiefs not to take part in Active Party Politics 153
277. Definition of Chief 153
CHAPTER TWENTY-THREE
COMMISSIONS OF INQUIRY
278. Appointment of Commission ofInquiry 154
279. Powers of Commission of Inquiry 155
280. Functions of Commission ofInquiry 155
281. Inquiry Procedure 156
282. Assistance by Lawyer or Other Expert 156
283.Immunities and Privileges of Witnesses 156
CHAPTER TWENTY-FOUR
CODE OF CONDUCT FOR PUBLIC OFFICERS
157
157
286. Declaration of Assets and Liabilities 157
158
XXll
288. Interpretation
CHAPTER TWENTY-FIVE
AMENDMENT OF THE CONSTITUTION
289. Amendment of Constitution
290. Amendment of Entrenched Provisions
291. Amendment of Non-Entrenched Provisions
192. 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
xxiii
159
160
160
161
162
163
164
165
168
169
170
170
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
SUPREMACYOF THE CONSTITUTION 1. (l) 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 the 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.
ENFORCEMENTOF THE CONSTITUTION 2. (I) 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 (I) of this article, makesuch 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-
The Constitution
(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.
DEFENCE OF THE CONSTITUTION 3. (I) 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 person, 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 abrogatesthis 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 tom all liabilities arising out of the punishment.
2
r
(b)
The Constitution
(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.
3
CHAPTER TWO
TERRITORIES OF GHANA
TERRITORIES OF GHANA 4. (I) 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.
CREATION, ALTERA TION OR MERGER OF REGIONS 5. (I) Subject to the provisions of this article, the President may, by
constitutional instrument (a) create a new region;
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, onthe 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 or 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 (I) 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
of c!ate --
The Constitution
(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 ormergerreferred to in either of those clauses, it shall recommend to the President that areferendum 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) ThePresident shall, underclause(I) 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.
5
CHAPTER THREE
CITIZENSHIP
CITIZENSHIP OF GHANA 6. (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 ofGhana
(2) Subject to the provisions of this Constitution, aperson born).../' ill or outside Ghana lifter the coming into force of this Constitution, shall become l)o cItizen Ghana t the of his birth if either of his parents orgrandparents is·or was a citizen of Ghana. .....-
(3) A child'of not more than sevenyears 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 ofwhose 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.
PERSONS ENTITLED TOBE REGISTERED AS CITIZENS 7. (I) A woman married to a man who is a citizen of Ghana or I
man married to a woman who is a citizen of Ghana may, upon makin an application in the manner prescribed by Parliament, be registered a a citizen ofGhana.
(2) Clause (1) of this article applies also to a person who was married to apersonwho, but for his or her death, would have continued to be a citizen of Ghana underclause (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 awoman registered as a citizen afGhansunder clause (I) 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 (I) of this article, it appears to the authority responsible for the
6
l
.inimical security Qfth :;)\ati: gfprnjudicial public moralij,v
oithe
(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 to
the to ublic interes .
(b) hat the citizenship was acquired by fraud, misrepresentation or any other improper or irregular
The Constitution The Constitution
registration that a marriage has been entered into primarily with a view (2) Except as otherwise provided in article 7 of this Constitution, to obtaining the registration, the authority may request the applicant to a person shall not be registered as a citizen of Ghana unless at the time satisfy him that the marriage was entered into in good faith; and the of his application for registration he is able to speak and understand an authority may only effect the registration upon being so satisfied. indigenous language of Ghana.
(6) In the case of a man seeking registration, clause (I) of thisII article applies only if the applicant permanently resides in Ghana. DUAL CITIZENSHIP
8. (I) Subject to this article, a citizen of Ghana shall cease forthwith to be a citizen of Ghana if, on attaining the age of twenty-one years, he, by a voluntary act, other than marriage, acquires or retains the citizenship of a country other than Ghana.
(2) A person who becomes a citizen of Ghana by registration and immediately after the day on which he becomes a citizen of Ghana
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 for the renunciation by any person of his citizenship of Ghana.
INTERPRETA TION 10. (I) A reference in this Chapter to the citizenship ofthe 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 (I) 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.
8
is also a citizen of some other country, shall cease to be a citizen of Ghana unless he has renounced his citizenship of that other country, taken an oath of allegiance specified in the Second Schedule to this Constitution and made and registered such declaration of his intentions concerning residence as may be prescribed by law, or unless he has obtained an extension of time for taking those steps and the extended period has not expired.
f (3) A Ghanaian citizen who loses his Ghanaian citizen,ship as
a result of the acquisition or possession of the citiienship of a country other than Ghana shall, on the renunciation of his citizenship of that other country, become a citizen of Ghana.
(4) Where the law of a country, other than Ghana, 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, if he thereby loses his citizenship acquired by that marriage, become a citizen of Ghana.
CITIZENSHIP LAWS BYPARLIAMENT 9. (I) 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.
7
CHAPTER FOUR The Constitution
THE LAWS OF GHANA
THE LAWSOF GHANA 11. (1) The laws of Ghana shall comprise -
(a) this Constitution; (b) enactments made by or under the authority of the
Parliament establ i shed 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 SuperiorCourt ofJudicature.
(3) For the purposes of this article, "customary law" means the rules oflaw which by custom are applicable to particular communities in Ghana.
(4) The existing law shall, except as otherwise provided in clause (I) ofthis article, comprise the written and unwritten laws ofGhana as they existed immediately before the cominginto force ofthis 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 ofthis 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 ofthis 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 oftwenty-one sitting days after being so laid unless Parliament, before the expiration ofthe twenty-one days, annuls the Order, Rule orRegulation by the votes ofnot less than two-thirds ofall the members ofParliament.
9 10
CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
GENERAL
PROTECTION OFFUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 12. (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.
PROTECTION OFRIGHT TO LIFE 13. (l) 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 criminaloffence 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 (l) 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.
1 1
The Constitution
PROTECTION OF PERSONAL LIBERTY 14. (I) 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 cornmitted or being about to commit a criminal offence I'llder 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
12
The Constitution
(bj 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 (aj or (bj 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 orfor 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 impris onment 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 certiiY 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.
RESPECTFOR HUMAN DIGNITY 15. (I) The dignity of all persons shall be inviolable.
(2) No person shall, whether or not he is arrested, restricted or detained, be subjected to
(aj 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.
13
The Constitution
(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.
PROTECTION FROMSLA VERYAND FORCED LABOUR 16. (I) 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 periodwhen 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 obligation.
EQUALITYA ND FREEDOMFROMDISCRIMINA TION 17. (I) 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 purpose 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
14
communities aymg regard special circumstances incOilSlstent wJththe spmt of Consti!Y.\:i.Q.o.
description are subjected to disabilities or restrictions to which persons ofanother description are not made subject or are granted privileges or advantages which are not granted to persons ofanother 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 progranunes aimedat 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; for the imposition of restrictions on the acquisition ofland by persons who are not citizens ofGhana 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 ' t to their
not being provision which is this
(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter.
PROTECTION OFPRIVACY OFHOMEAND OTHER PROPERTY 18 . ( 1 ) Every person has the right to own property either alone or in association with others.
(2) No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with lawand as may be necessary in a free and democratic society for public safety or the economic well-being ofthe country, for the protection ofhealthormorals, for theprevention ofdisorder orcrime or for the protection of the rights or freedoms of others.
FAIR TRIAL 19. (I) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court.
(2) A person charged with a criminal offence shall
1 5
The Constitution The Constitution
a) in the case of an offence other than high treason or treason, the punishment for which is death or imprisonment for life, be tried by a judge and jury and (i) where the punishment is death, the verdict ofthe
jury shall be unanimous; and (ii) in the case of life imprisonment, the verdict ofthe
jury shall be by such majority as Parliament may by law prescribe;
(b) in thecase ofan offence triable by a Regional Tribunal the penalty for which is death, the decision of the Chairman and the otherpanel members shall be unan imous;
(c) be presumed to be innocent until he is proved or has pleaded guilty;
(d) be informed immediately in a language he understands, and in detail; of the nature of the offence charged;
(e) be given adequate time and facilities for the preparation of his defence;
(j) be permitted to defend himself before the court in person or by a lawyer ofhis choice;
(g) be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on the same conditions as those applicable to witnesses called by the prosecution;
(h) be permitted to have, without payment by him, the assistance ofan interpreter where he cannot understand the language used at the trial; and
(i) in the case of the offence ofhigh treason or treason, be tried by the High Court duly constituted by three Justices ofthat Court and the decision ofthe Justices shall be unanimous.
(3) The trial ofa person charged with a criminal offence shall take place in his presence unless
1 6
,
( 1 3) An adjudicating authority for the determination ofthe existenceor extent ofa civil right or obligation shall, subject to the provisions of this Constitution, be established by law and shall be independent and impartial; and where proceedings for determination are instituted by a person before such an adjudicating authority, the case shall be given a fair hearing within a reasonable time.
(14) Except as may be otherwise orderedby the adjudicating authority in the interest of public morality, public safety, or public order the proceedings of any such adjudicating authority shall be in public.
(15) Nothing in this article shall prevent an adjudicating authority from excluding from the proceedings persons, other than the parties to the proceedings and their lawyers, to such an extent as the authority -
(a) may consider necessary or expedient in circumstances wherepublicity would prejudice the interests ofjustice; or
(b) may be empowered by law to do in the interest ofdefence, public safety, public order, public morality, the welfare of persons under the age ofeighteen or the protection of the private lives of persons concerned in the proceedings.
( 16) Nothing in, or done under the authority of, any law shall be held to be inconsistent with, or in contravention of, the following
(a) paragraph (c) ofclause (2) of this article, to the extent that the law in question imposes upon a person charged with a criminal offence, the burden ofproving particular facts; or
The Constitution The Constitution
(a) he refuses to appear before the court for the trial to be conducted in his presenceafterhehas beenduly notified of the trial; or
(b) he conducts himself in such a marmer as to render the continuation oftheproceedings in his presence imprac ticable and the court orders him to be removed for trial to proceed in his absence.
(4) Whenever a person is tried for a criminal offence the accused person or a person authorised by him shall, ifhe so requires, be given, within a reasonable time not exceeding six months after judgment, a copy ofany record ofthe proceedingsmade by or on behalfofthe court for the use ofthe accused person.
(5) A person shall not be charged with or h ld to be gu lty of a.criminal offence which is founded on an act or omission that did not at the time it took place constitute an offence.
(6) No penalty shall be imposed for acriminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed.
(7) No person who shows that he has been tried y a compete?t court for a criminal offence and either convicted or acqUitted, shallagam be tried for that offence or for any other criminal offence ofwhich he provisions couldhave been convictedat the trial for the offence, except on the order ofa superior court in the course ofappeal or review proceedings relating to the conviction or acquittal.
(8) Notwithstanding clause (7) of this article, an acquittal of a person on a trial for high treason or treason shall no be a bar to the institution ofproceedings for any other offence agamst that person. (b)
(9) Paragraph (a) and (b) ofclause ( 2) ofthis article shall not apply in the case of a trial by a court-martial or other military tribunal.
( 1 0) Nopersonwho istried for a criminal offence shall be compelled to give evidence at the trial.
( 1 1 ) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law.
(12) Clause (II) of this article shall ot preve t a Sup rior Court from punishing a person for contempt ofltselfnotwlths dln!?: that the.act or omission constituting the contempt IS not defined In awntten law and the penalty is not so prescribed.
17
clause (7) ofthis article, to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal ofthatmember underthe disciplinary law of the force, except that any court which tries that member and convicts him shall, in sentencing him to any punishment, take into account any punishment imposed on him under that disciplinary law.
1 8
CQIJIPulsory acquisition
offal! adequate compensa�n;
..the disj2laced alternativelandwjthdpere�ard fohheir
thIS artIcle shall be construed affectmg
The Constitution
( 17) Subject to clause ( 18) ofthis article, treason shall consist only (a) in levying war against Ghana or assisting any state or
person or inciting or conspiring with any person to levy war against Ghana; or
(b) in attempting by force ofarms or other violent means to overthrow the organs ofgovernment established by or under this Constitution; or
(c) in taking part or being concerned in or inciting or conspiringwith any person to make or take part or be concerned in, any such attempt.
( 18) An act which aims at procuring by constitutional means an alteration ofthe law or ofthe policies of the Government shall not be considered as an act calculated to overthrow the organs ofgovernment.
( 19) Notwithstanding any other provision ofthis article, but subject to clause (20) of this article, Parliament may, by or under an Act of Parliament, establish military courts or tribunals forthe trial ofoffences against military law committed by persons subject to military law.
(20) Where a person subject to military law, who is not in active service, commits an offence which is within the jurisdiction ofa civil court, he shall not be tried by a court-martial or military tribunal for t e offence unless the offence is within the jurisdiction of a court-martial or other military tribunal under any law for the enforcement ofmilitary discipline.
(2 1 ) For the purposes of this article; "criminal offence" means a criminal offence under the laws ofGhana.
PROTECTION FROMDEPRIVA TION OF PROPERTY 20. (I) No property ofany 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 ofpossession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development orutilization ofproperty in such a marmer as to promote the public benefit; and
1 9
The Constitution
(b) the necessity for the acquisition is clearly stated and is such as to provide reasonablejustification for causing any hardship that may result to any person who has an interest in or right over the property.
(2) ofproperty by the State shall only be madeundera law which makes provision for
(a) theprompt payment and and
(b) a right of access to the High Court by any person whohasan interest in orrightoverthe 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 theState in accordance with clause (I) ofthis article involves displacement of any inhabitants, the State shall resettle
inhabitants on suitable economic well-being and social and cultural values.
(4) Nothing m as the operation ofany general law so far as itprovides for the taking ofpossession or acquisition ofproperty
(a) by way ofvesting or administration oftrust property, enemy property or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons ofunsound mind, deceasedpersonsor bodies corporate or unincorporated in the course of being wound up; or
(b) in the execution ofajudgment or order ofa 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 ofactions; or (e) for so long only as may be necessary forthe purpose
ofany 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
20
The Constitution
damage results from any such work there shaH be paid appropriate compensation.
(5) Any property compulsorily taken possession ofor acquired in thepublic interest or for a public purpose shaH 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 forwhich itwasacql,lired, the owner oftheproperty immediately before the compulsory acquisition, shall be given the first option for acquiring theproperty and shaH, on such re-acquisition refund the whole orpart ofthe compensation paid to him as provided for by law or such other amount as is commensurate with the value ofthe property at the time ofthe re-acquisition.
GENERAL FUNDAMENTAL FREEDOMS 2 1 . ( 1 ) AH persons shall have the right to
(a) freedom of speech and expression, which shall include freedom ofthepressand 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 ofassociation, which shaH include freedom to form or join trade unions or other associations, national and international, for the protection oftheir interest;
(f) information, subject to such qualifications and laws as are necessary in a democratic society;
(g) freedom ofmovement which meanstherightto move freely in Ghana, the right to leave and to enterGhana and immunity from expulsion from Ghana.
(2) A restriction on a person's freedom ofmovement by his lawful detention shall not be held to be inconsistent with or in contravention ofthis 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 arenecessary in a free and democratic society and are consistent with this Constitution.
2 1
The 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 ofrestrictions by order ofa court, that are required in the interest ofdefence, 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 ofrestrictions that are reason bly required in the interest of defence, public safety, public health or the running ofessential services, on themovementor residence within Ghana ofany person or persons generally, or any class of persons; or
(d) for the imposition of restrictions on the freedom of entry into Ghana, or movement in Ghana, of a person who is not a c itizen of Ghana; or
(e) that is reasonably required for the purpose of safe guarding the people ofGhana against the teaching or propagation ofa doctrine which exhibits or encourages disrespect for the nationhood ofGhana, the national symbols and emblems, or incites hatred against other members ofthe community;
except so far as that provision or as the case may be, the thing done underthe authority ofthat law is shownnot to be reasonably justifiable in terms ofthe spirit ofthis 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, request at any time during the period ofthat 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 shaH be reviewed by that court.
22
23 24
The Constitution
(6) On a review by a court under clause (5) ofthis 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,
PROPERTYRIGHTS OF SPOUSES 22. ( 1 ) A spouse shall not be deprived of a reasonable provision out ofthe estate ofa spouse whether or not the spouse died having made a will.
(2) Parliament shall, as soon as practicable afterthe coming into force ofthis Constitution, enact legislationregulatingtheproperty rights ofspouses.
(3) With aview to achieving the full realisation ofthe rights referred to in clause (2) ofthis article
(a) spouses shall have equal access to propertyjointly acquired during marriage;
(b) assets which arejointly acquired during marriage shall be distributed equitably between the spouses upon dissolution ofthe marriage.
ADMINISTRATIVE JUSTICE 23. 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.
ECONOMIC RIGHTS 24. ( 1 ) Every person has the right to work under satisfactory, safe and healthy conditions, and shall receive equal pay for equal work without distinction ofany kind.
(2) Every worker shall be assured ofrest, leisure and reasonable limitation ofworking hours and periods ofholidays with pay, as well as remuneration for public holidays.
(3) Every worker has a right to for or join a trade union of his choice for the promotion and protection of his economic and social interests.
The Constitution
(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 ofnational security or public order or for the protection of the rights and freedoms of others.
EDUCA TIONAL RIGHTS 25. ( l ) All persons shall have the right to equal educational opportunities and facilities and with a view to achievingthe full realisation ofthat 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 andaccessible to all byevery appropriatemeans, and in particular, by the progressive introduction of free education;
(c) higher education shall be made equally accessible to all, on the basis ofcapacity, by every appropriate means, and in particular, by progressive introduction offree education;
(d) functional literacy shall be encouraged or intensified as far as possible;
(e) the development ofa system ofschools with adequate facilities at all levels shall be actively pursued.
(2) Every person shall have the right, at his own expense, to establish andmaintain a private school or schoolsatall levels and ofsuch categories lind in accordance with such conditions as my be provided by law.
CULTURAL RIGHTSAND PRACTICES 26. ( l ) Every person is entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the. provisions ofthis Constitution.
(2) All customary practices which dehumanise or are injurious to the physical and mental well-being ofa person are prohibited.
27. .
(I) 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 sc ool-going
. age t enable women, who have the traditional care for
children, realIse their full potential.
. (3J Women hall be guaranteed equal rights to training and promo- tIOn Without any Impediments from any person.
28. (I) Parliament shall enact such laws as are necessary to ensure that- (a) ev ry child has th
. e right to th same measure of special care,
assistance and mamtenance as IS necessary for its development from
.its natural parents, except where those parents have effectlvel s nderedtheirrights and responsibilities in respect ofthe child m accordance with law'
(b) every child, whether or not born in ' wedlock, shall be entitled
to reasonable provis on out of the estate of its parents; (c) par nts undertake their natural right and obligation ofcare,
m mtenan e d .upbringing oftheir children in co-operationWith such mstitutlOns as Parliament may, by law, prescribe in
such manner that in all cases the interest of the children are
(d) children and young persons receive special protection against exposure to physical and moral hazards' and
(e) the ' protection and advancement of th; family as the unit of
society are safeguarded in promotion ofthe interest ofchildren. (2) E ery child has the right to be protected from engaging in work
that constltu es a threat to his health, education or development.(3) child shall not be subjected to torture or other cruel, inhuman or degradmg treatment or punishment.
The Constitution The Constitution
(4) No child shall be deprived by any other person of medicalWOMEN'S RIGHTS treatment, education or any other social or economic benefit by reason only of religious or other beliefs.
(5) For the purpose of this article, "child" means a person below the age ofeighteen years.
RIGHTS OF DISABLED PERSONS 29. (I) 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 disabledperson shallnot be subjected to differential treatment in respect ofhis residence other than that required by his condition or by the improvement which he may derive from the treatment.
(3) Ifthe stay of a disabled person in a specialised 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 anyjudicial 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 have
CHILDREN'S RIGHTS
paramount. 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 disabled persons in significant numbers.
(8) Parliament shall enact such laws as are necessary to ensure the enforcement ofthe provisions ofthis article.
RIGHTS OF THE SICK 30. 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.
25 26
e erg ncy artIcle
The Constitution
EMERGENCY POWERS 31. ( I ) The President may, acting in accordance with the advice ofthe 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 ofthe provisions ofthis Constitution.
(2) Notwithstanding any other provision of this article, where a proclamation is published under clause (I) ofthis article, the President shall place immediately before Parliament, the facts and circumstances leading to the declaration ofthe state ofemergency.
(3) Parl ament 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 ofParliament.
(4) A declaration ofa state ofemergency shall cease to have effect at the expiration of a period of seven days beginning with the date of
? blication ofthe declaration, unless, befure the expiration ofthat period, It IS approved by a resolution passed for that purpose by a majority of all the members ofParliament.
(5) Subject to clause (7) of this article, a declaration of a state of approve by resolution ofParliament under clause (4) of
thiS shall contmue In force until the expiration ofa period ofthree 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 ofParliament, extend its approval ofthe declaration for periods ofnot more than one month at a time.
(7) Parliament may, by a resolution passed by a majority ofall the members ofParliament, at any time, revoke a declaration of a state of emergency approved by Par l iam ent under this art ic le .
(8) For the avoidance of doubt, i t is hereby declared that the provisions ofany enactment, other than an Act ofParliament, dealing. With a state ofemergency declared under clause (I) ofthis article shall apply only to that part of Ghana where the emergency exists.
(9) The circ mst nce underwhich a state of emergency may be?ecla ed under t IS rtlcle 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 ofpersons which _
27
The Constitution
(a) is calculated or likely to deprive the community ofthe 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 ofthis Constitution to the extent that the Act in question authorises the taking, during any period when a state ofemergency is in force, of measures thatare reasonablyjustifiable for the purposes ofdealing with the situationthat exists during that period.
PERSONS DETAINED UNDER EMERGENCYLA W 32. ( I ) Where a person is restricted or detained by virtue ofa law made pursuant to a declaration ofa state ofemergency, 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 statement in writing specifYing in details the grounds upon which he is restricted ordetainedand the statement shall be read or interpreted to the person restricted or detained.
(b) the spouse, parent, child or other available next ofkin ofthe person restricted or detained shall be informed ofthe detention orrestriction within twenty-four hours after the commencement ofthe detention or restriction and be permitted access to the person at the earliest practicable opportunity, and in any casewithin twenty four hours after the commencement ofthe restriction or detention;
(c) not more that ten days after the commencement ofhis restriction or detention, a notification shall be published in the Gazette and in the mediastatingthat he has been
28
The Constitution
restricted or detained and giving particulars of the provision oflaw underwhich 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 ofnotmore than three months, his case shall be reviewed by a tribunal composed ofnot less thanthree Justices ofthe Superior Court of Judicature appointed by the Chief Justice; except that the same tribunal shall not review more than once the case ofaperson restricted or detained;
(e) he shall be afforded every possible facility to consult a lawyer ofhis choice who shall bepermitted 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 ofthe case ofa restricted or detained person, thetribunal may order the release ofthe person and the payment to him ofadequate compensation or uphold the grounds ofhis 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.Mmlster of State authorised by the President, shall make a report to.Parliament ofthe number ofpersons restricted or detained by virtue of sucha law as is referred to in clause ( 10) ofarticle 3 1 ofthis Constitution andthe number ofcases in which the authority that ordered the restriction or detention has acted in accordance with the decisions ofthe tribunal appointed under this article.
(4) Notwithstanding clause (3) ofthis article, the Minister referred to in that clause shall publish every month in the Gazette and in the media
(a) the number andthenamesand addresses ofthe 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
29
The Constitution
accordance with the decisions ofthe tribunal appointed under this article.
(5) For the avoidance ofdoubt, it is hereby declared that atthe end ofanemergency declared under clause ( 1 ) ofarticle 31 ofthis Constitution, a person in restriction or detention or in custody as a result of the declaration ofthe emergency shall be released immediately.
PROTECTION OF RIGHTS BY THE COURTS 33. ( 1 ) Where a person alleges that a provision ofthis Constitution on
e 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 Courtmay, under clause ( 1 ) ofthis article issue such direction or orders or writs including writs or orders in th 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 ofwhich the person concerned is entitled.
(3) A person aggrieved by a determination ofthe High Court may appeal to the Court ofAppeal with the right ofa further appeal to the Supreme Court.
(4) The Rules ofCourt Committee may make rules of court with respect to the practice and procedure of the Superior Courts for the purposes ofthis 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 ?tentioned which are considered to be inherent in a democracy and mtended to secure the freedom and dignity ofman.
30
economy
th!:..,guarantee production and productivity in order to encoura&e c ntinued production and bigher- productivity..;.
CHAPTER SIX
THE DIRECTIVE PRINCIPLES OF STATE POLlCY
IMPLEMENTATION OFDIRECTIVE PRINCIPLES 34. (I) 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 ajust and free society.
(2) The President shall report to Parliament at least once a year all the steps taken to ensure the realization ofthe 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.
POLITICAL OBJECTIVES 35. (I ) Ghana shall be a democratic state dedicated to the realization offreedom andjustice; and accordingly, sovereignty resides in the people ofGhana 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 ofthe peoples ofGhana and prohibit discrimination and prejudice on the grounds of place oforigin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
(6) Towards the achievement ofthe 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;
31
The Constitution
(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 ofgovernment to the regions and districts and by affording all possible opportunities to the people to participate in decision makingatevery level in national lifeand in government; and
(e) ensure that whenever practicable, the headquarters of a Government or public institution offering any services is situated in an area within any region, taking into account the resources and potentials ofthe region and the area.
(7) As far as practicable, a government shall continue and execute projects and programmes commenced by the previous Governments.
(8) The State shall take steps to eradicate corrupt practices and the abuse ofpower.
(9) The State shall promote among the people ofGhana the culture ofpolitical tolerance.
ECONOMIC OBJECTIVES 36. (I) The State shall take all necessary action to ensure that the national economy is managed in such a manner as to maximize the rate ofeconomic development and to secure the maximum welfare, freedom and happiness of every person in Ghana and to provide adequate means oflivelihood and suitableemploymentand public assistance to the needy.
(2) The State shall, in particular, take all necessary steps to establish a sound and healthy whose underlying principles shall include
(a) of a fair and realistic remuneration for
(b) affording ample opportunity for individual initiative and creativity in economic activities and fosterin an e lin enviro private sector in the econo
32
33 34
The Constitution
(c) ensuring that individuals and the private sector bear their fair share ofsocial and national responsibilities including responsibilities to contribute to the overall development ofthe country;
(d) undertaking even and balanced development of all regions and every part ofeach region ofGhana, 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 ofagriculture and industry.
(4) Foreign investment 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 aco-ordinated programme ofeconomicand social development policies, including agricultural and industrial programmes at all levels and in all the regions ofGhana.
(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 ofGhana.
(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 ofpublic, 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 posterity; and shall seek co-
The Constitution
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 ofall persons in employment, and shall establish the basis for the full development of the creative potential of all Ghanaians.
( I I ) The State shall encourage the participation ofworkers in the decision-making process at the work place.
SOCIAL OBJECTIVES 37. ( I ) The State shall endeavour to secure and protect a social order founded on the ideals and principles offreedom, equality,justice, probity and accountability as enshrined in Chapter 5 ofthis 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 ofpeople to form theirown associations free from state interference and to use them to promote and protect their interests in relation to development processes, rights ofaccess to agencies and officials ofthe 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 ofall other basic human rightsandfreedoms, includingtherightsofthe disabled, the aged, children and other vulnerable groups in development processes.
(3) In the discharge ofthe obligations stated in clause (2) of this article, the State shall beguidedby international human rights instruments which recognize and apply particular categories of basic human rights to development processes.
(4) The State shall maintain apopulation policy consistent with the aspirations and development needs and objectives of Ghana.
1, !The Constitution The Constitution(5) The State shall ensure that adequate facilities for sports are (2) The State shall ensure that appropriate customary and cultural
(provided throughout Ghana and that sports are promoted as a means of values are adapted and developed as an integral part of the growing fostering national integration, health and self-discipline as weIl as needs ofthe society as a whole; and in particularthat traditional practices international friendship and understanding. which are injurious to the health and well-being of the person are
(6) The State shall - abolished. (a) ensure that contributory schemes are instituted and (3) The State shall foster the development of Ghanaian languages
maintained that will guarantee economic security for and pride in Ghanaian culture. self-employed and other citizens of Ghana, and (4) The State shall endeavour to preserve and protect places of
(b) provide social assistance to the aged suchas will enable historical interest and artifacts. them to maintain a decent standard of living.
INTERNATIONAL RELA TIONS EDUCATIONAL OBJECTIVES 40. In its dealings with other nations, the Government shall - 38. ( I ) The State shall provide educational facilities at all levels and (a) promote and protect the interests of Ghana; in all the Regions of Ghana, and shall, to the greatest extent feasible, (b) seek the establishment of a just and equitable make those facilities available to all citizens. i nternational economic and social order;
(2) The Government shall, within two years after Parliament (c) promote respect for international law, treaty obligations first meets after the coming into force of this Constitution, draw and the settlement ofinternational disputes by peaceful up a programme for implementation within the following ten years, means; for the provision offree, compulsory and universal basic education. (d) adhere to the principles enshrined in or as the case
(3) The State shall, subject to the availability ofresources, provide- may be, the aims and ideals of- (a) equal and balanced access to secondary and other (i) the Charter of the United Nations;
appropriate pre-university education, equal access to (ii) the Charter ofthe Organisation ofAfrican Unity; university or equivalent education, with emphasis on (iii) the Commonwealth; science and technology; (iv) the Treaty ofthe Economic Community of West
(b) a free adult literacy programme, and a free vocational African States; and training, rehabilitation and resettlement of disabled (v) any other international organisation of which persons; and Ghana is a member.
(c) life-long education.
DUTIES OF A CITIZEN CULTURAL OBJECTIVES 41. The exercise and enjoyment of rights and freedoms is inseparable
to to encourage the integration of appropriate customary values into the 39. ( I ) Subject clause (2) of this article, the State shall take steps from the performance ofduties and obligations, and accordingly, it shall
be the duty of every citizen - fabric of national life through formal and informal education and the (a) to promote the prestige and good name ofGhana and conscious introduction of cultural dimensions to relevant aspects of respect the symbols ofthe nation; national planning. (b) to uphold and defend this Constitution and the law;
(c) to foster national unity and live in harmony with others;
35 36
(f) to protect and preserve public property. and expose and combat misuse and waste ofpubhc funds and property; .
(g) to contribute to thewell-beingofthe community where
37
The Constitution CHAPTER SEVEN
(d) to respect the rights, freedoms and legitimate interests REPRESENTATION OF THE PEOPLE
of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
RIGHT TO VOTE(e) to work conscientiously in his lawfully chosen 42. Every citizen of Ghana of eighteen years of age or above and ofoccupation; 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 43. ( I ) There shall be an Electoral Commission which shall consist of
that citizen lives; (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 ofthis Constitution.
QUALIFICA TIONS, TERMS AND CONDITIONS OF SER VICE OF
(a) to defend Ghana and render national service when necessary;
(i) to co-operate with lawful agencies in the maintenance of law and order;
OJ to declare his income honestly to the appropriate and lawful agencies and to satisfy all tax obligations; and
(Ie) to protect and safeguard the environment. MEMBERS OFELECTORAL COMMISSION 44. (I) A person is not qualified to be appointed a member of the Electoral Commission unless he is qualified to be elected as a member ofParliament.
(2) The Chairman ofthe Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal.
(3) The two Deputy Chairmen ofthe Commission shall have the same terms and conditions ofservice as are applicable to a Justice of the High Court.
(4) The Chairmanand the two Deputy Chairmen ofthe Commission shall not, while they hold office on the Commission, hold any other public office.
(5) The other four members ofthe 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 ofthe Council ofState, appoints a qualified person to fill the vacancy.
38
The Constitution
FUNCTIONS OF ELECTORAL COMMISSION 45. 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
(j) to perform such other functions as may be prescribed by law.
INDEPENDENCE OF THE COMMISSION 46. 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 ofany person or authority.
CONSTITUENCIES 47. ( 1 ) Ghana shall be divided into as many constituencies for the purpose ofelection ofmembers ofParliament as the Electoral Commission may prescribe, and each constituency shall be represented by one Member ofParliament.
(2) No constituency shall fal l within more than one region. (3) The boundaries of each constituency shall be such that the
number ofinhabitants 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 ofa constituency may be greater or less than the population quota in orderto take account ofmeans ofcommunication, geographical features, density of population and area and boundaries ofthe 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 ofthe enumeration figures after the
39
The Constitution
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 ofParliament.
(7) For the purposes of this article, "population quota" means the number obtained by dividing the number of inhabitants ofGhana by the number ofconstituencies into which Ghana is divided under this article.
APPEALS FROMDECISIONS OF COMMISSION 48. ( 1 ) A person aggrieved by a decision ofthe 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 ofthe tribunal referred to in clause ( I ) of this article may appeal to the Court of Appeal whose decision on the matter shall be final.
VOTING A TELECTIONS AND REFERENDA 49. (I) 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 ofvotes 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
40
The Constitution
at least thirty-five percent ofthe persons entitled to vote at the referendum voted and, ofthe votes cast, at least seventy per cent voted in favour of the issue.
ELECTION OF CANDIDATES 50. ( I ) 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 forthepurposesofapublic electiontwoormore candidates are nominated but at the close ofthe nominations and on the day before the election, only one candidate stands nominated, a further period of ten days shall be allowed fornomination ofother candidates, and it shall not be lawful for any person nominated within that period often days to withdraw his nomination.
(3) Where at the close ofnominations under clause (2) ofthis article only one candidate stands nominated, there shall be no election and that candidate shall be declare elected.
(4) Where at the close ofnominations, but before the election, one ofthe candidates dies, a further period often days shall be allowed for nominations; and where the deathoccurs at any time within twenty-five days before the election, the election in that constituency or unit shall be postponed for twenty one days.
REGULATIONS FOR ELECTIONSAND REFERENDA 5 1 . 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 provision for voting by proxy.
REGIONAL AND DISTRICT REPRESENTATIVES OF COMMISSION 52. There shall be in every region and district a representative of the
4 1
The Constitution
Electoral Commission who shall perform such functions as shall be assigned to him by the Commission. APPOINTMENT OF STAFF OF COMMISSION 53. 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.
EXPENSES OF COMMISSION CHARGED ON CONSOLIDA TED FUND 54. The administrative expenses of the Electoral Commission including salaries, allowances and pensions payable to, or in respect ofpersons serving with the Commission, shall be charged on the Consolidated Fund.
POLITICAL PARTIES
ORGANIZATION OF POLITICAL PARTIES 55. ( I ) 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 ofthis article, a political party is free to participate in shaping the political will ofthe people, to disseminate information on political ideas, social and economic programmes of a national character, and sponsor candidates for elections to any public officeother than to DistrictAssemblies or lower local government units.
(4) Every political party shall have a national character, and mem bership 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 purposes ofregistration, 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
42
44
The Constitution
Commission that (a) there is ordinarily resident, or registered as a voter, in
each district ofGhana, at least one founding member of the party;
(b) the party has branches in all the regions ofGhanaand is, in addition, organised in not less than two-thirds ofthe 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 ofits 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 ofthe national executive committee ofa political party shall be chosen from all the regions of Ghana.
( 1 0) 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.
( I I ) The State shall provide fair opportunity to all political parties to present 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.
( 1 3) Every candidate for election to Parliament has the right to conduct h i s campaign freely and in accordance with law.
( 1 4) 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 tothe public annually their audited accounts,
( 1 5) Only a citizen of Ghana may make a contribution or donation to a political party registered in Ghana.
( 1 6) A member of an organisation or interest group shall not be required to join a particular political party by virtue of his membership ofthe organisation or group.
( 1 7) Subject to the provisions of this Chapter, Parliament shall by law regulate the establishment and functioning of political parties.
43
The Constitution
RESTRICTION OF CERTAIN PROPAGANDA 56. 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 PRESIDENTOF GHANA 57. ( 1 ) There shall be a President of the Republic of Ghana who shall be the Head ofState and Head ofGovernment and Commander in-Chiefofthe 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 ofallegiance and the presidential oath set out in the Second Schedule to this Constitution.
(4) Withoutprejudice to the provisions ofarticle 2 ofthis Constitution, and subject to the operation ofthe prerogative writs, the President shall not, while in office, be liable to proceedings in any court for the performance ofhis 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 ofanything done or omitted to be done by him in his personal capacity before or during his term ofoffice notwithstanding any period oflimitation except where the proceedings had been legally barred before he assumed the office ofPresident.
EXECUTIVE AUTHORITY OF GHANA 58. ( I ) 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 ofGhana shall extend to the execution and maintenance ofthis Constitution and all laws made under or continued in force by this Constitution.
45
The Constitution
confe
59 .
(3) Subject to the provisions of this Constitution, the functions rred n the P:esident by clause (I) ofthis article may be exercised.by him either directly or through officers subordinate to him.
(4) E cept as otherwise prov ded in this Constitution or by a law. . .not mconslstent With thiS Constltutton, all executive acts ofGovernment shall be expressed to be taken in the name of the President.
(5) A constitutional or statutory instrument or any other instrument made, Issued orexecuted in the name ofthe 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.
ABSENCE FROMGHANA
The President s all not leave Ghana without prior notification in. . .wntmg, Signed by him and addressed to the Speaker of Parliament.
THE VICE - PRESIDENTAND SUCCESSION TO THE PRESIDENCY 60. (I) T?ere 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 c didate 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 ofVice-President has been duly elected as President in accordance with the provisions of article 63 of this Constitution.( ) The V ce-Pres dent shall, before commencing to perform the functIOns ?f Vlce-Presldent, take and subscribe the oath of allegiance. .and the Vlce-Presldenttal 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 ofthe President.
46
u der hce
President.
1£ AI''if" tior \
/l> (fId"
(7) Where the unexpired term served by the Vice- resident
clause (6) ofthis article exceeds halfthe term ofa President, the
President is subsequently only eligible to serve one full term as
(8) Whenever the President is absent from Ghana or is .fo r any ?ther
reason unable to perform the functions of his office, the Vice-Presid ent
shall perform the func ions o the President until the President retu rns
is able to perform hiS functIOns.
(9) The Vice-President shall, before commencmg 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 Constitut ion
in relation to the office of President.
( 1 0) The Vice-President shall, upon assuming office as Presi ent
under clause (6) ofthis article, nominate a person to the office ofVlc e
President subject to approval by Parliament.
( I I ) Where the President and the Vice-President are b th unable to
perform the functions ofthe President, the Speaker of Parh.am en shall
perform those functions until the President or the Vice-President IS able
to perform those functions or a new President assumes office, as t he
case may be. (12) The Speaker shall, before commencingto perform the fu ctions
ofthe President under clause ( 1 1 ) ofthis article, take and subscrIbe the
oath set out in relation to the office ofPresident.
( 13) Where the Speaker ofParliament assumes theoffice ofPres dent
as a result ofthe death, resignation or removal from office ofthe PreSid ent
and the Vice-President, there shall be a presidential election within t hree
months after his assumption of office. . . . ( 14) The provisions ofarticle 69 ofthiS ConstItutIon shall apply to
QUALIFICA TIONS OFPRESIDENT
62. A person shall not be qualified for election as the PreSident of
63. ( I ) A . perso shall not be a candidate in a presidential election unless he IS nommated for election as President by a document which
(b) is signed y not ess than twopersonswhoare registered voters reSident In the area ofauthority of each district assembly;
(c) is delivered to the Electoral Commission on or before the day appointed as nomination day in relation to the election;
The Constitution The Constitution
(a) he is a citizen ofGhana 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 ofParliament, except that the disqualification set out in paragraphs (c), (d), and (e) of clause (2) of. article 94 ofthis Constitution shall not be removed, in respect of any SUC? person, by a presidential pardon. or by the lapse oftIme as provided for in clause (5) of that article.
ELECTION OFPRESIDENT
(a) is signed by him; and
(d) designated a person to serve as Vice-President.. (2) The electIOn ofthe President shall be on the terms ofuniversal
adult suffrage and shall, subject to the provisions of this Constitution be cond cte? in a cordance 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 fourthe removal from office ofthe Vice-President. months nor later than one month before his term of
PUBLICAND PRESIDENTIAL SEALS office expires; and 6 1 . There shall be a public seal and a presidential seal, the use and (b) in any other case, within three months after the office custody ofwhich shall, subject to the provisions ofthis Constitution, be ofPresident becomes vacant; regulated by law. and shall be hel a such place and shall begin on such date as the
Electoral CommissIOn shall, by constitutional instrument, specify. (3) !' pe son sh ll 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 ofthe total number ofvalid votes cast at the election.Ghana unless
47 48
The Constitution
(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) ofthis 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)
ofthis article shall be the two candidates who obtained the two highest
numbers ofvotes at the previous election. (6) Where at a presidential election three or more candidates obtain
the two highest numbers ofvotes referred to in clause (5) ofthis 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
theonly candidates andthe 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 ofthe President, shall be primafacie evidence that the person named was so elected.
CHALLENGING ELECTION OFPRESIDENT
64. ( I ) 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 ofthe election in respect ofwhich the petition is presented.
49
The Constitution
2) A. declarat.ion by the Supreme Court that the electi f h P Pres dent IS not valId shall be without prejudice to anything do
e
reSIdent before the declaration. y e
(3) The Rules ofCourt Committee shall, by constitutional instrumenake rules of court for the practice and procedure for petitions to thupre m e Court chal lenging the e lection of a President.
PRESIDENTIAL ELECTION REGULATIONS 65. The Elec
.toral Commission shall, by constitutional instrumentm C
ake t .reg.ulatlOns for the purpose of giving effect to article 63 of thl·s'ons ItutlOn.
TERM OF OFFICE OF PRESIDENT! p r n ected as President shall, subject to clause (3) of on Whic
lc h
e h'
? 0 IC for a te of four years beginning from the date e IS Sworn In as PresIdent.fi (2) A person shall not be elected to hold office as President ofGhor more than two terms. ana
(3) The office of President shall become vacant _ (a' on t e ex iration ofthe period specified in clause (I)
of thIs artIcle; or (b) if the incumbent dies or resigns from office or
cease.s t? hold office under article 69 of this ConstItutIOn.
(4) The President may, by writing signed by hl·m d dd dthe S k f , an a resse topea er 0 ParlIament, resign from his office as President.
PRESIDENTIAL MESSAGES 67. The Presi ent sh ll, at the beginning of each session ofParliamand before a dIssolutIOn ofParliament, deliver to Parli t
ent
on the state ofthe nation. amen a message
CONDITIONS OF OFFICE OFPRESIDENT 68. ( I ) The President shall not, while he continues in office as President
(a) h ld any other.office of profit or emolument whetherpnvate or pubhc and whether directly or indirectly; or
50
.
69. ( \ ) The President shall be removed from office if he is found, in accordance with the provisions ofthis article -
(aJ to have acted in wilful violation oftheoath ofallegiance and the presidential oath set out in the Second Schedule to, or in wilful violation ofany other provision of, this Constitution; or
(b) to have conducted himself in a m anner -
5 1 52
The Constitution
(b) hold the office ofchancellor or head ofany university in Ghana.
(2) The President shall not, on leaving office as President, hold any office ofprofit or emolument, except with the permission ofParliament, in any establishment, either directly or indirectly, other than that ofthe 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 7 1 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 (\) 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 ofthis 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, fucilities and privileges ofthe President shall not be varied to his disadvantage while he holds office.
(9) The pension payable to the President and the facilities available in him shall not be varied to his disadvantage during his lifetime.
REMOVAL OFPRESIDENT
The Constitution
(i) which brings or is likely to bring the high office ofPresident 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 ofthe President be investigated on any ofthe grounds specified in clause ( I ) of this article,.shal be gIVen to the Speaker who shall immediately inform the Chief.Jushce 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 ofthe President be investigated for the purpose of his removal from office.( ) ubje t to clause 5) of t is article, the Chief Justice shall, by constIt tlOnal mstrumen , ImmedIately convene a tribunal consisting of.the ChIefJustIce as Chairman and the four most senior Justices ofthe
upre e Cou;t and the tribunal shall inquire, in camera, whether there IS a prIma faCIe case for the removal ofthe President.
(5) Wbere a notice under clause (2) ofthis article is delivered to the ChiefJustice in respect ofthe removal from office ofthe President on the grounds ofphysical or mental incapacity, the Chief Justice shall in consultation with the professional head ofthe Ghana Health Servi es cause a medical board to be convened which shall consist of not les than four eminent medical specialists and the President shall be informed accordingly.
(6) The President shall be invited to submit himselffor examination by the medical board within fourteen days after the appointment ofthe 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.
Ibn 54
The Constitution
or by a lawyer or other expert or person as the case may be, of his own choice.
(8) The Rules ofCourt Committee shall, by constitutional instrument, make rules forthe practice and procedure ofthe tribunal or ofthe medical board for the removal ofthe 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 ofphysical 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 ofthe tribunal or medical board, move a resolution whether or notthePresident shall be removed from office.
(1 1) The resolution for the removal from office of the President sball beby a secret ballot and shall be taken to be approved by Parliament ifsupported by the votes ofnot less than two-thirds of all the members ofParliament after prior debate.
(12) The proceedings ofParliament for the removal ofthe President sball not be held in camera except where Parliament otherwise orders in the interest ofnational security.
(13) The President shall cease to hold office as President on the date Parliament decides that he be removed from office.
APPOINTMENTS BY PRESIDENT 70. (1) The President shall, acting in consultation with the Council of&ate, appoint
(a) the Commissioner for Human Rights and Administra tive Justice and his Deputies;
(b) the Auditor-General; (c) the District Assemblies CommonFund Administrator; (d) the Chairmen and other members of
(i) the Public Services Commission; (ii) the Lands Commission;
ii*')<r (iii) the governing bodies of public corporations; (iv) a National Council for Higher Education howso
, <it ever described; and
S3
The Constitution
(e) the holders ofsuch 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 ofthe Council ofState, appoint the Chairman, Deputy Chairmen, and other members of the Electoral Commission.
DETERMINA TION OF CERTAINEMOLUMENTS 7 \ . ( I ) The salaries and allowances payable, and the facilities, and privileges available, t
(a) the Speaker and Deputy Speakers and members of Parliament;
(b) the Chief Justice and other Justices of the Superior Court ofJudicature;
(c) the Auditor-General, the Chairman and Deputy Chair men ofthe 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) 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 ofthe Council of State.
(2) The salaries and allowances payable, andthe facilities available, to the President, the Vice-President, the chairman and the other members ofthe 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 ( I) ofthis article.
55 56
The Constitution
(3) For the purposes ofthis article, and except as otherwise provided in this Constitution, "salaries" includes allowances, facilities andprivileges and retiring benefits or awards.
PREROGA TIVE OF MERCY 72. ( 1 ) The President may, acting in consultation with the Council of State
(aj grant to a person convicted of an offence a pardon either free or subject to lawful conditions; or
(bj 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
(cj 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 aperson or ofapenalty or forfeiture otherwise due to Government on account ofany offence.
(2) Where a person is sentenced to death for an offence, a written report ofthe case from the trial judge orjudges, together with such other information derived from the record ofthe case or elsewhere as may be necessary shall be submitted to the President.
(3) For the avoidance ofdoubt, it ishereby declaredthat a reference in this article to a conviction or the imposition ofa punishment, penalty, sentence or forfeiture includes a conviction or the imposition of a punishment, penalty, sentence or forfeiture by a court-marital or other military tribunal.
INTERNATIONAL RELA TIONS 73. The Government of Ghana shall conduct its international affairs in consonance with the accepted principles ofpublic international law anddiplomacy in amarmer consistent with thenational interest ofGhana.
DIPLOMATIC REPRESENTATIONS 74. ( 1 ) The President shall, acting in consultation with the Council ofState, appoint persons to represent Ghana abroad.
(2) The President may receive envoys accredited to Ghana.
The Constitution
EXECUTION OF TREA TIES 75. ( I ) The President may execute or cause to be executed treaties, agreements or conventions in the name ofGhana.
(2) A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by
(aj Act ofParliament; or (bj a resolution ofParliament supported by the votes of
more than one-halfofall the members ofParliament.
THE CABINET 76. ( I ) There shall be a Cabinet which shall consist of the President the Vice-President and not less than ten and not more than ninetee Ministers ofState.
(2) The Cabinet shall assist the President in the determination of general policy ofthe Government.
(3) There shall be a Secretary to the Cabinet who shall be appointed by the President.
MEETINGS OF THE CABINET 77. ( I ) The Cabinet shall be summoned by the President who shall preside at all its meetings; and in the absence ofthe President, the Vice President shall preside.
(2) The Cabinet shall regulate the procedure at its meetings.
MiNISTERS OFSTA TE 78. ( 1) Ministers of State shall be appointed by the President with the prior approval ofParliament from among membe-s ofParliament or persons qualified to be elected as members ofParliament, except that themajority ofMinisters ofState shall be appointed from amongmembers ofParliament.
(2) The President shall appoint such number ofMinisters of State as may be necessary for the effic ient running of the State.
. (3) A Minister of State shall not hold any other office ofprofit or emolument whether private or public and whether directly or indirectly unless otherwisepermittedby the Speaker actingon the recommendations ofa committee ofParliament on the ground
(aJ that holding that office will not prtCiudice the work of a Minister; and
. arllcle
DEPUTY MINISTERS . . . 79. ( I ) The President may, in consultation w th a Minister of State
,
and with the prior approval ofParliament, appoint one or I?ore Deputy Ministers to assist the Minister in the performanc f his functi
ons.
(2) A person shall not be appointed a Deputy Minister unless he IS
a Member ofParliament or is qualified to be elected as a Member of
Parliament. . . . r (3) Clause (3) ofarticle 78 applies to a Deputy Minister as It app les
80 A Minister of State or Deputy Minister shall not enter upon th e
duties of his office unless he has taken and subscribed the oath of allegiance, the oath ofMinister ofState and the Cabinet oath, as e a
se
may be, set out in the Second Schedule to this ConstitutIO n.
TENURE OF OFFICE OFMINISTERS, ETC
8 1 . The office of a Minister of State or a Deputy Minister s hall
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
82. ( 1 ) Parliament may, by a resolution supported by the vote s of
not less than two-third ofall the members ofParliament, pass a vot e of
censure on a Minister of State . (2) A motion for the resolution referred to in clause ( I ) ofthiS
shall not be moved in Parliament unless - . . . (a) seven days' notice ha been given o the mollon, and
(b) the notice for the motIOn has been signed by.not les
than one-third of all members of Parhament,
(3) The motion shall be debated in Parliament withi fourteen day s
after the receipt by the Speaker ofthe notice for the motion.
The Constitution The Constitution
(b) that no conflict of interest arises or would arise s a (4) A Minister of State in respect of whom a vote of censure is result of the Min i ster holding that o ffice. debated under clause (3) ofthis article is entitled, during the debate, to
be heard in his defence. (5) Where a vote ofcensure 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 83. ( 1 ) There shall be a National Security Council which shall
to a Minister of State. consist of (a) the President;
OATHS (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 Staffand two other members of the Armed Forces;
(e) the Inspector-General ofPolice andtwoothermembers ofthe Police Service, one of whom shall be the Com missioner ofPolice responsible for Criminal Investi. gations Department;
(j) the D irector-General of the Prisons Service; (g) the Director ofExternal Intelligence;
(d) he dies. (h) the Director ofInternal Intelligence; (i) the Director ofMilitary Intelligence;
VOTE OF CENSURE OJ the Commissioner ofCustoms, Exercise and Preventive Services; and
(k) three persons appoi nted by the President. (2) The President shall preside at meetings ofthe National Security
Counci l and in h is 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 ofthe Council.
57 58
(4) A person invited to participate in the deliberations ofthe Co cil
under clause (3) ofthis 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
NATIONAL DEVELOPMENT PLANNING COMMISSION
86. ( I ) There shall be a National Development Planning Commission.
(2) The Commission shall consist of- . . (i) a Chairman who shall be appointed by the PreSident III
consultation with the Council ofState;
. h
The Constitution The Constitution
(ii) the Minister responsible for finance and such other Ministers of State as the President may appoint;
(iii) the Government Statistician; (iv) the Governor ofthe Bank ofGhana; (v) one representative from each region of Ghana.
Security Council. appointed bythe Regional Co-ordinating Council ofthe region;
FUNCTIONS OF THE NA TIONAL SECURITY COUNCIL 84. The functions of the National Security Counci l include
(aJ considering and taking appropriate me sures to safe guard the internal and external secunty of Ghana;
(b) ensuring the collection of information relating to t?e security of Ghana and the integration ofthe domestic, foreign and security policies relating to it so as to enable the security services and other departments and agencies ofthe Government to co-op rate more er:ec tively in matters relating to natIOnal se uflty.
(c) assessing and appraising the objectives, commitments andrisks ofGhana in relation to the actualand potentlal military power in the interest ofnational security; and
(dj taking appropriate measures regarding the consideration of policies on matters of common interest to the de partments and agencies ofthe Government concerned with national security.
ESTABLISHMENT OF SECURITY SER VICES 85. No agency, establishment or other organizati n concerned wI national security shall be established except as proVided for under this Constitution.
(vi) such other persons as may be appointed by the President having regard to their knowledge and experi ence ofthe relevant areas and roles pertaining to devel opment, economic, social, environmental and spatial planning.
(3) The National Development Planning Commission shall be responsible to the President
FUNCTIONS OF NA TIONAL DEVELOPMENT PLANNING COMMISSION 87. ( I ) 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
(aj study and make strategic analyses ofmacro-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 ofthe different districts ofGhana;
(c) make proposals for the protection of the natural and physical environment;
(d) make proposals for ensuring the even development ofthe districts ofGhana 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.
59 60
88. (I) There shall be an Atto ey-General o.f Ghana who shall be a Minister of State and the princIpal legal advIser to the Gove nment.
(2) The Attorney-General shall discharge .such other dU les of a legal nature as may be referred or assi ed.to hIm by the PresIdent, or imposed on him by this ConstitutIOn or any .o e law.
(3) The Attorney-General shall be responsible for the mltJatlOn and conduct of all prosecutions ofcriminal offences.
(4) All offences prosecuted in the name ofthe Repubhc of Gh.ana shall be at the suit ofthe Attorney-General or any other person authonsed by him in accordance with any law. . . .
(5) The Attorney-General shall be responsible for the mstJtut!o 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.
The Constitution CHAPTER NINE
THE ATTORNEY-GENERAL THE COUNCIL OF STATE
THE COUNCIL OF STA TE 89. ( I ) There shall be a Council of State to counsel the President in the performance ofhis functions.
(2) The Council ofState 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
ChiefJustice. (ii) one person who has previously held the office
of Chief of Defence Staffofthe Armed Forces ofGhana;
(iii) one person who has previously held the office of Inspector-General ofPolice;
(b) the President of the National House of Chiefs; (c) one representative from each region ofGhana elected,
in accordance with regulations made by the Electoral Commission under article 5 1 of this Constitution, by an electoral college comprising two representatives from each ofthe 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 ofthe Council of State shall, at the first meeting of
the Council which he attends, take and subscribe the oath ofsecrecy and the oath of a member of the Council of State set out in the Second Schedule to this Constitution.
(5) A member ofthe Council ofState shall hold office until the end ofthe term ofoffice ofthe 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.
626 1
CONSIDERATION OFBILLS BY THE COUNCIL OF STA TE
90. ( I ) A bill which has been published in he Gazett.e or passe.d by Parliament shall be considered by the Council of State If th
e President
so requests. (2) A request from the President for consideration of a bill may be
accompanied by a statement setting forth the en ents or change ,
if any, which the President proposes for consideratIOn by the Council
(3) Consideration of a bill under clause ( I ) of this article shall be completed within thirty days after the third reading in .
Parliament ofthat
bill except that where the bill was passed under a certificat e . ofurge.
nc ,
the Council of State shall consider it and report to the Pres ident within
(4) Where the Council ofState decides not to propose an en dment
to a bill the Chairman shall, within seven days after the dec IsIOn ofthe
Council, transmit the bill with a certificate to that effect ad dressed to
(5) Where the Council of State decides to propose amendme nts to
a bill, the bill, with a memorandum setting forth the amendme ts prop? d
on the bill, shall be transmitted by the Chairman to the Presi dent Wl01n
fifteen days after the conclusion ofthe consideration by the Council of
OTHER FUNCTIONS OF THE COUNCIL
9 1 . ( I ) the Counci l of State shall consider and advis th P resi ent or
any other authority in respect of any appointment which IS r eqUired by
92. ( I ) 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.
MEETINGS OF COUNCIL OFSTA TE
(2) The Council of State shall also meet if requested by (a) the President; or (b) Parliament; or (c) not less than five members ofthe Council.
The Constitution
(6) The appointment ofa member of the Council of Sta e may be .
terminated by the President on grounds of stated misbehavIOur or of inability to perform his functions arising from infirmity ofbody or mind, and with the prior approval ofParliament.
(7) The Chairman and members of the Council of State s all e entitled to such allowances and privileges as may be determined In accordance with article 71 ofthis Constitution.
(8) The allowances andprivileges ofthe Chairmanandother members ofthe Council of State shall be charged on the Consolidated Fund and shall not be varied to their disadvantage while they hold office.
The Constitution
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 ( I ) ofthis article shall be given not laterthanthirty days afterthe receipt ofthe 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..
of State.
seventy-two hours. (3) The Council ofState 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 ofthe 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 ofthe Council.
(6) Except as otherwise provided in this Constitution, the question
the President.
State. proposed shall be determined by the majority of the members present and voting.
6463
(7) The Council of State may, at any time, appoint an comI? itt es
it considers appropriate and assign to them any matter or mves tIgatlOn
which the Council may determine. (8) The Council of State may, with the a proval o th resld
nt,
commission experts and consultants to advise .I o r to a:slst It m deal.mg
with any specific issue on such terms and conditions as It may de term ne.
(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 wit the Government
shall, in any proceedings in the Council ofStaterelatmg to the contract,
declare his interest or the interest ofthat firm and shall not vote on any
question relating to that contract. . . ( 10) The proceedings ofthe Council of State shall not be mvalidat
ed
(aj a vacancy in its membership, including a vacancy not
filled when the Council first meets; and
(bj the presence or participation of a person not ntItied
to be present or to participate in the proceedmgs of
the Council. . ( 1 \ ) Subject to the provisions of this Constitution, the Counc
il
The Constitution
.
.
.
ifhe -
CHAPTER TEN
of
THE LEGISLATURE
COMPOSITION OFPARLIAMENT THE PARLIAMENT OF GHANA 93 . (I) 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 ofGhana shall be vested in Parliament and shall be exercised in accordance with this Constitution.
QUALIFICA TIONS AND ELIGIBILITY 94. ( 1 ) Subject to the provisions of this article, a person shall not be qualified to be a member of parliament unless
(aj he is a citizen ofGhana, has attained theage oftwenty by
one years and is a registered voter; (bj 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 ofnot less than five years out of the ten years immediately preceding the election
State may regulate its own procedure. for which he stands, or he hails from that constituency; and
(c) he has paid all his taxes or made arrangements satis factory to the appropriate authority for the payment of his taxes.
(2) A person shall not be qualified to be a member of Parliament
(aj owes allegiance to a country other than Ghana; or (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 involvingthe
65 66
The Constitution
security of the State, fraud, dishonesty or moral turpitude; or
(ii) for any other offence punishable by death or by a 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 committee of inquiry to be incompetent to hold public office or is a person in respect ofwhom a commission or committee ofinquiry has found that while being a public officer he acquired assets unlawfully or defraud ed the State or misused 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 orjudicial review; or
(e) is under sentence ofdeath or other sentence of impris onment i mposed 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 ofthe coming into force ofthis 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 Ghanaby reason ofhis 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 ofthe 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, Exercise and Preventive Service,
67
The Constitution
the Immigration Service, or the Internal Revenue Service; or
(c) is a chief. (4) For the purposes of paragraph (d) of clause (2) ofthis article,
.
IS vacant.
III the c e ofan'y f ing madeby 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 ofdisqualifYing 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 ofParliament under paragraph (c) or (d) of clause (2) ofthis article if
(a) ten years or more have passed since the end of the sentence or the date ofthe publication ofthe report of the commission or committee of inquiry; or
(b) he has been pardoned.
THE SPEAKER
95. ( I ) There shall be a Speaker of 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 ofParliament.
(2) The Speaker shall vacate his office (a) ifhe becomes a Minister ofState or a Deputy Minister;
or (b) ifhe resigns from office by writing signed by him and
addressed to the Clerk to Parliament; or (c) ifany circumstances arise that, ifhe were not Speaker,
would disqualifY him for election as a member of Parliament; or
(d) ifhe is removed from office by a resolution ofParlia ment supported by the votes of not less than three quarters of all the members of P arl iament.
(3) No business shall be transacted in Parliament other than an lection to the office of Speaker, at any time when the office of Speaker
(4) A pe son el cted to the office of Speaker shall, before entering upon the dutIes of hIS office, take and subscribe before Parliament the
68
98. ( I ) A member ofParliament shall be paid such salary and allowancesand provided with such facilities as may be determined in accordancewith article 7 1 ofthis Constitution. (2) A member ofP
. arliament shall not hold any office of profit oremolument,
.whether pnvate or public and either directly or indirectly,unless permItted to do so by the speaker acting on the recommendationsofa committee ofParliament 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
ofthe member holding that office.
DETERMINA TION OF MEMBERSHIP 99. (II The High Court shall havejurisdiction to hear and determine any
whether - (a) a person has been validly elected as a member of
Parliament or the seat ofa member has become vacant·
The Constitution The Constitution
oath ofallegiance and the Speaker's oath set out in the Second Schedule (e) if any circumstances arise such that, if he were not a to this Constitution.
questIOn
ember ofPa;liament, would causehim to be disqual .(5) The Speaker shall receive such salary and allowances, and on Ified or melIglble for election, under article 94 ofthis
retirement, such retiring awards as may be determined in accordance Constitution; or with article 71 ofthis Constitution. (f) if he resigns from office as a member of Parliament
(6) The salary and allowances payable to the Speakerandany retiring by writing under his hand addressed to the Speaker; awards payable to him on retirement shall be charged on the Consolidated or Fund. (g) ifhe leaves the party ofwhich he was a memberat the
(7) The salary and other allowances payable to the Speaker shall time ofhis election to Parliament to join another party not be varied to his disadvantage during his tenure of office. or seeks to remain in Parliament as an independent
member; or DEPUTY SPEAKERS (h) ifhe was elected a member ofParliament as an inde 96. ( I ) There shall be two Deputy Speakers of Parliament - pendent candidate and j oins a pol itical party.
(a) who shall be elected by the members of Parliament (2) Notwithstanding paragraph (g) of clause ( I ) of this article a from among the members of Parliament; and merger ofparties at the national level sanctioned by the parties' Con;ti.(b) both of whom shall not be members of the same tutlOns or membership of a coalition government of which his original political party. party forms part, shall not affect the status ofany member ofParliament.
(2) The members ofParliament shall elect a person to the office of Deputy Speaker when Parliament first meets after a dissolution of EMOLUMENTS OF MEMBERS
'or
Parliament and if the office becomes vacant otherwise than by reason of a dissolution ofParliament, 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 ofa Deputy Speaker.
TENURE OF OFFICE OF MEMBERS 97. ( I ) A member of Parliament shall vacate his seat in Parliament
(a) upon a dissolution ofParliament; 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 Priv ileges 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 ofcontempt ofParliament by a committee of Parliament; or
69 70
72
The Constitution
(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 ofAppeal.
PROCEDURE IN PARLIAMENT
OA TH OFMEMBERS 100. (1) A member ofParliament shall, before taking his seat in Parliament, take and subscribe before the Speaker and in the presence ofthe members ofParliament, the oath ofallegiance and the oath ofmember ofParliament set out in the Second Schedule ofthis Constitution.
(2) A member ofParliament may, before taking the oaths referred to in clause (I) of this article, take part in the election ofthe Speaker.
PRESIDING IN PARLIAMENT 101 . The Speaker shall preside in Parliament at all sittings and in his absence the Deputy Speaker shall preside.
QUORUMIN PARLIAMENT 102. A quorum ofParliament, apart from the person presiding, shall be one-third ofall the members ofParliament.
COMMITTEES OF PARLIAMENT 103.(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 atthe first meeting ofParliament afterthe election ofthe Speaker and the Deputy Speakers.
(3) Committees ofParliament shall be charged with such functions, includingthe investigation and inquiry intothe activities and administration of ministries and departments as Parliament may determine; and such investigation and inquiries may extend to proposals for legislation.
7 1
The Constitution
(4) Every member ofParliament shall be a member of at least one ofthe standing committees.
(5) The composition ofthe committees shall, as much as possible, reflectthe different shades ofopinion in Parliament.
(6) A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice ofthe High Court at a trial for
(a) enforcing the attendance ofwitnesses 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.
VOTING IN PARLIAMENT 104. (I) Except as otherwise provided in this Constitution, matters in Parliament shall be determined by the votes ofthe majority ofmembers 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) WhereParliament is considering a bill to amend the Constitution,
or where the voting is in relation to the election or removal ofany 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 re lating to the contract.
UNQUALIFIED PERSON SITTING OR VOTING 1 05. 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 ofParliament.
MODE OF EXERCISING LEGISLA TIVE POWER 1 06. ( l ) The power of Parliament to make laws shall be exercised by bills passed by Parliament and assented to by the President.
73
The Constitution
(2) No bill, other than such a bill! as is referred to in paragraph (a) of article 1 08 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 ofchieftaincy 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 ofthis 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 orwithout 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 ofthis 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 ofthe bill which in his opinion should be reconsidered by Parliament, including his recommen dations for amendments if any; or
(b) inform the Speaker that he has referred the bill to the Council ofState for consideration and comment under article 90 ofthis Constitution.
The Constitution
(9) Parliament shall reconsider a bill taking into account the comments made by the President or the Council ofState, as the case may be, under clause (8) of this article
( 1 0) Where a bill reconsidered under clause (9) of this article is passed by Parliament by a resolution supported by the votes ofnot 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.
( I I ) 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 passed and assented to in accordance with the provisions ofthis Consti tution and shall not come into force unless it has been published in the Gazette.
( 1 2) The provisions of clauses (7) to ( 1 0) of this article shall not apply to a bill certified by the Speaker as a bill to which the provisions ofarticle \08 ofthis Constitution apply; and accordingly, the President shall give his assent to any such bill when presented for assent.
( 1 3) Where it is determined by a committee ofParliament appointed for the purpose that a particular bill is ofan urgent nature, the provisions ofthe preceding clauses ofthis article, other than clause ( I ) and paragraph (a) of clause (2) shall not apply, and accordingly, the President shall give his assent to the bi l l on its presentation for assent.
( 1 4) A bill introduced in Parliament by or on behalfofthe President shall not be delayed for more than three months in anv committee of. Parliament.
RETROACTIVE LEGISLATION 1 0 7 . Parl iam ent shall have no power to pass any law _
(a) to alter the decision orjudgment ofany court as between the parties subject to t at 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 article 1 78 to 1 82 ofthis Constitution.
74
75
The Constitution
SETTLEMENT OF FINANCIAL MA TTERS 108. Parliament shall not, unless the bill is introduced or the motion is introduced by, or on behalf of, the President
(aj proceed upon a bill including an amendment to a bill, that, in the opinion of the person presiding, makes provision for any ofthe following (i) the imposition of taxation or the alteration of
taxation otherwi se than by reduction; or (ii) the imposition of a charge on the Consolidate
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 ofGhana of any moneys not charged on the Consolidated Fund or any increase in the amount ofthat payment, issue or withdrawal; or
(iv) the composition or remission of any debt due to the Government of Ghana; or
(bj 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.
PROFESSIONAL ORGANISATIONS 109. ( \ ) Parliament may by law regulate professional, trade and business organisations.
(2) The affairs of an organisation referred to in clause ( I ) of this article shall be conducted on democratic lines.
STANDING ORDERS OFPARLIAMENT 1 10. ( I ) Subject to the provisions ofthis 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
The Constitution
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.
A TTENDANCE IN PARLIAMENT OF VICE-PRESIDENTAND MINISTERS I l l . 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.
SUMMONING, DISSOLUTION, ETC
SESSIONS OFPARLIAMENT 1 12. ( I ) A session ofParliament 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 ofParliament 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 per cent of members of Parliament may request a meeting of Parliament; and the Speaker shall, within seven days after the receipt ofthe request, summon Parliament.
(4) Subject to clause (2) ofarticle 1 1 3 ofthis Constitution, a general election ofmembers ofParliament shall be held within thirty days before the expiration of the period specified in clause ( I ) of that article; and a session of Parliament shall be appointed to commence within fourteen days after the expiration ofthat period.
(5) Whenever a vacancy occurs in Parliament, the Clerk to Parliament shall notifY the Electoral Commission in writing within seven days after the vacancy occurred, and a by-election shall be held within thirty days after the vacancy occurred
76
pro lslOns ofParlllment
If
DISSOLUTION OFPARLIAMENT
1 1 3 . ( I ) Subject to clause (2) of this article, Parliament shall contmue
for four years from the date of its first sitting and shall then stand
dissolved. (2) At any time when Ghana s actually engaged in war, Parhament
may, from time to time by resolutIOn supported by the votes ofn t less
than two-thirds of all the members of Parliament, extend the penod of
four years specified in clause ( I ) ofthis article for not morethan twelve
months at a time, except thatthe life ofParliament shall not be extended
under this clause for more than four years.
(3) Where, after a dissolution of Parliament but .be fore the h.old
mg
ofa general election, the President is satisfied that owmgto the eXistence
of a state of war or of a state ofpublic emergency in Ghana or any part
of Ghana it is necessary to recall Parliament, the President shall cause
to be su moned the Parliament that has been dissolved to .eet.
(4) Unless the life of Parliament is extended under the
ofclause (2) ofthis article, the general election ofmembers
shall proceed and the Parliament that has been recalled .s hall, not
sooner dissolved, again stand dissolved on the date appomted for the
GRA TUITIES FOR MEMBERS OF PARLIAMENT
1 14. ( 1 ) A person who has served as a member ofParliament for a period
ofnot less than four years shall be eligible, on ceasing to be a member
or on his death, for the payment of such gratuity to him or ?is personal representatives, as the case may be, as shal be determme by .th
e
President, acting in consultation with the committee referred to In article
7 1 ofthis Constitution. (2) For the purpose of clause ( 1 ) of this article, the period f four
years specified in that clause shall be interpreted to me four contmuous
years, and accordingly, any peri d whe? the mem er IS out of office as
a member, otherwise than by dissolutIOn of Parhament, shall not be
77
IMMUNITY FROMPROCEEDINGS FOR ACTS IN PARLIAMENT 1 16 .( 1 ) Subject to the provisions of this article, but without prejudice to the general effect ofarticle l i S ofthis Constitution, civil or criminal proceedings shall not be instituted against a member of Parliament in
y ourt or place out ofParliament for any matter or thing brought by him m or before Parliament by petition, bill, motion or otherwise.
(2) Whenever in the opinion ofthe person presiding in Parliament a statement made by a member is prima facie defamatory ofany 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 thatthe statement made bythemember is defamatory of any person, the member who made the statement shall, within seven days after that period, render an apology at the bar of Parliament the terms of which shal l 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 ofParliament in which the defamatory statement was made and a member so suspended shall lose his parlia mentary privileges, immunities and remuneration, but they shall be restored to him if, at any time before the end ofthe session, he renders the apology as required by clause (3) ofthis 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) ofthis article or the suspension or the
The Constitution The Constitution
(6) Notwithstanding clause (5) ofthis article, a by-election shall.not be held within three months before the holding of a general electIOn.
PRIVILEGES AND IMMUNITIES
FREEDOMOFSPEECHAND OFPROCEEDINGS l i S . 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.
.
.
general election.
taken into account.
78
79
The Constitution
apology referred to in clause (4) ofthis article with the same prominence as he published the first report.
(6) Ifa person fails to publish the apology as required by clause (5) ofthis article, he shall not be protected by privilege.
IMMUNITY FROMSER VICE OFPROCESSAND ARREST 1 1 7. 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 member or the Clerk to Parliament while he is on his way to, attending at or returning from, any proceedings of Parliament.
IMMUNITYFROM WITNESS SUMMONS 1 1 8. ( I ) Neitherthe 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.
IMMUNITY FROMSER VICE AS JUROR 1 1 9. Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be required to serve on ajury in any court or place out ofParliament.
IMMUNITYFOR PUBLICA TION OF PROCEEDINGS 1 20. 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 P arl i ament; or
(b) a contemporaneous report ofthe proceedings of Par liament;
unless it is shown that the publication was effected maliciously or otherwise without good faith.
PRIVILEGES OF WITNESSES 1 2 1 . ( I ) A person summoned to attend to give evidence or to produce a paper, book, record or other document before Parliament, shall be
The Constitution
entitled, in respect ofhis evidence, or the production ofthe document, as the case may be, to the same privileges as ifhe 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 ofdocuments,
the production ofwhich 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 ofdocuments,
the production of which is prejudicial to the security ofthe 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 casemay be, shall refer the matter to the Supreme Court for determination whether the production, or the disclosure ofthe 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
GENERAL CONTEMPT 122. 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
80
.eit her directly or indirectly to
.
.o f the
(bj four other members all of whom shall b e appointed
by the Speaker, acting in accordance with th e advice
(3) There shall be a Clerk to Parliament wh o shall be the head of
(4) The appointment ofthe Clerk and the othe r m:mbers ofhis s ff
(5) The Parliamentary Service Boar s all, Ith the pnor app o al
.ee s
CHAPTER ELEVEN
(2) There shall be a Parliamentary Service Boa rd which shall consist
The Constitution
dignity of Parliament or which tends
produce that result, is contempt ofParhamen t.
CRIMINAL PROCEEDINGS
1 23. Where an act or omission which constitute s contempt ?fParhament
is an offence under the criminal law, the exe rcise by Parl am nt
power to punish for contempt shall not be a bar to the mstitutlOn of
proceedings under the criminal law.
THE PARLIAMENTARY SER VICE
1 24. ( I ) There shall be a Parliamentary Service which shall form part ofthe public services of Ghana. . . .
of- (aj the Speaker, as chairman;
of a committee ofParliament; and
(c) the Clerk to Parliament.
the Parliamentary Service. .
in the Parliamentary Service shall be made ?y the P hamentary e lce
Board in consultation with the Public Ser lces C mmlss\On.
ofParliament, make regulations, by constitutIO nal mstrument, prescnbmg
the terms and conditions of service ofthe offi cers and ther employ
in the Parliamentary Service and generally for the effective and effiCient
administration ofthe Parliamentary Service.
8 1
THE JUDICIARY
GENERAL
THE JUDICIAL POWER OF GHANA 1 25. ( 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 exercisepopular participation in the administration ofjustice through the institutions ofpublic and customary tribunals and thejury and assessor systems.
(3) The judicial power of Ghana shall be vested in the Judiciary, accordingly, neither the President nor Parliament norany organ or agency ofthe President or Parliament shall have or be given fmal 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 ofthe 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.
COMPOSITIONAND MODE OR EXERCISE OF POWER OFJUDICIARY 126. (I) The Judiciary shall consist of
(aj The Superior Courts of Judicature comprising (i) the Supreme Court; (ii) the Court ofAppeal; 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 ofrecord and shall have the power to commit for contempt to themselves and all such powers as were vested in a court ofrecord immediately before the coming into force of this Constitution.
82
GENERAL JURISDICTION OF SUPREME COURT 129. ( I ) The Supreme Court shall be the final court ofappeal 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 decision ofany other court.
(3) The Supreme Courtmay, 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 ofthe Supreme Court on questions of law.
(4) For the purposes ofhearing and determining a matter within its and the amendment, execution or the enforcement of a
or order made on any matter, and for the purposes ofany other , expressly or by necessary implication given to the Supreme
The Constitution
(3) Except as otherwise provided in this Constitution or as may otherwise be ordered by a court in the interest ofpublic morality, public safety or public order, the proceedings ofevery court shall be held in public. . ' .
(4) In the exercise ofthe judicial power conferred on the JudIciary by this Constitution or any other law, the Superior Courts may, i rel tion to any matter within their jurisdiction, issue such orders and dIrectIOns as may be necessary to ensure the enforcement ofany judgment, decree or order ofthose courts.
INDEPENDENCE OF THE JUDICIAR Y 127.( 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 orjudicial 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 ofa Superior Court, or any person exercisingjudicial power, shall not be liable to any action or suit for any act or omission by him in the exercise ofthe judicial power.
. , . .
(4) The administrative expenses of the JudIcIary, l cludIng all salaries, allowances, gratuities and pensions payable to or In resp ct of, persons serving in the judiciary, shall be charged on the Consohdated Fund.
(5) The salary, allowances, privileges and rights in respect of le ve ofabsence, gratuity, pension and other conditions ofservice of a Jusuce
. ofthe Superior Court or any judicial officer or other person exercIsIng judic ia l power, sha l l not be varied to h i s d is a?vantage.
(6) Funds voted by Parliament, or charged on the ConsolIdate? :und by this Constitution for the Judiciary, shall be released to the JUdICIary, in quarterly instalments.
The Constitution
(7) F or the purposes of clause ( 1 ) of this article, "financial administration" includes the operation of banking facil ities by the Judiciary without the interference ofany 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, forthe purposes ofdefraying the expenses ofthe judiciary in respect of which the funds were voted or charged.
THE SUPREME COURT
COMPOSITION AND MODE OF
EXERCISE OF POWER OFJUDICIARY
128 . ( I ) The Supreme Court shall consist of the Chief Justice and not less than nine other Justices ofthe 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 ofthis 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.
83 84
.
The Constitution
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.
ORIGINAL JURISDICTION OFSUPREME COURT 1 30. ( 1 ) Subject to the jurisdiction ofthe High Court in the enforcement ofthe Fundamental Human Rights and Freedoms as provided in article 33 ofthis 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 ofthe 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 ofthe Supreme Court.
APPELLA TE JURISDICTION OFSUPREME COURT 1 3 1 . ( 1 ) An appeal shall lie from a judgment ofthe Court ofAppeal 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 ofthe 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 lowerthanthe 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 ( l ) of this article, the Supreme Court may entertain an application for special leave to appeal to the Supreme
85
The Constitution
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 ofthat Judicial Committee or the Supreme Court.
SUPER VISORYJURISDICTION OF SUPREME COUR T 1 32 . 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.
POWER OF SUPREME COURT TO REVIEWITS DECISIONS 1 33 . ( 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 ofcourt.
(2) The Supreme Court, when reviewing its decisions under this article, shall be constituted by not less than seven Justices ofthe Supreme Court.
POWERS OFA SINGLE JUSTICE OF SUPREME COURT 134. A single Justice ofthe Supreme Court may exercise power vested in the Supreme Court not involving the decision ofthe cause or matter before the Supreme Court, except that -
(a) in criminal matters, wherethatJustice 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 ofthe 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 ofthe Supreme Court.
86
The Constitution
(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
(5) Subject to clause (3) ofarticle 1 29 ofthis 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
JURISDICTION OF COURTOFAPPEAL 1 37. ( 1 ) The Court ofAppeal shall have jurisdiction throughout Ghana to hear and determine, subject to the provisions of this Constitution, appeals from ajudgment, decree or order ofthe High Courtand 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 ofright from ajudgment, decree or order ofthe High Court and a Regional Tribunal to the Court ofAppeal.
(3) For the purposes ofhearing 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 Court of Appeal by this Constitution or any other law, the Court of Appeal
have all the powers, authority andj urisdiction vested in the court
POWERS OF A SINGLE JUSTICE OF COURT OF APPEAL 1 38. A single Justice ofthe Court ofAppeal may exercise a power vested in the Court of Appeal not involving the decision of a cause or matter before the Court ofAppeal, except that
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 ofAppeal as duly constituted; and 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.
88
The Constitution
PRODUCTION OF OFFICIAL DOCUMENTS IN COURT 1 35.( 1 ) The Supreme Court shall have exclusivejurisdiction to determine whether an official document shall not be produced in court because its determine. production or the disclosure of its contents will be prejudicial to the security of the State or will be injurious to the public interest.
shall
(2) Where any issue referred to in clause (I ) ofthis article arises as to the production or otherwise ofan official document in any proceedings ofAppeal on questions of law. 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 the Supreme Court shall make the appropriate order.
(3) The proceedings ofthe Supreme Court as to whether an official document may be produced shall be held in camera.
THE COURT OF APPEAL
COMPOSITION OF COURT OF APPEAL AND QUALIFICA TIONS OF ITS JUSTICES 1 36. ( I ) The Court of Appeal shall consist of
(a) the ChiefJustice; (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 ofthe Superior Court ofJudicature
as the Chief Justice may, for the determination of a from which the appeal is brought. particular cause or matter by writing signed by him, request to sit in the Court ofAppeal for any specified period.
(2) The Court ofAppeal shall be duly constituted by any three of the Justices referred to in clause ( 1 ) ofthis article and when so constituted, the most senior ofthe Justices shall preside. (a)
(3) A person shall not be qualified for appointment as Justice ofthe Court ofAppealuoless he is ofhigh moral character and proven integrity and is ofnot less than twelve years' standing as a lawyer.
(b)
87
(c)
(c)
89
The Constitution
(4) A Justice of the High Court may, in accordance with rules ofcourt, e ercise i court or in chambers, all or any of the jurisdictionvested In the High Court by this Constitution or any other law.. . ( ) or. the purposes ofhearing and determining an appeal withints JunsdlctIon and the amendment, execution or the enforcement of aJudgm nt or order made on anyappeal, and for the purposes ofany otherautho .nty, exp.
res ly or by necessary implication given to the High Courtby thiS ConstitutIOn or any other law, the High Court shall have all thepowers, authority and jurisdiction vested in the Court from which theappeal is brought.
SUPER VISOR YJURISDICTION OF THE HIGH COURT1 4 1 . The High Court shall have supervisory jurisdiction over all lowercourts .an? lo er adjudicating authority; and may, in the exerciseofthatJun dlctlOn, Issue orders and directions for the purpose ofenforcingor secunng the enforcement of its supervi sory powers. REGIONAL TRIBUNALS
ESTABLISHMENTAND COMPOSITION OFREGIONAL TRIBUNALS AND QUALIFICA TIONS OF CHAIRMENAND OTHER PANEL MEMBERS1 4 . ( I) There shaH e esta lished in each region ofGhana such RegionalTnbuna1s as the ChiefJustIce may determine.(2) A Regional Tribunal shall consist of (a) the ChiefJustice; (b) one Chairman; and
such members who may or may not be lawyers asshaH be designated by the Chief Justice to sit as panelmembers ofa Regional Tribunal and for such period . as hall be specified in writing by the Chief Justice.(3) A RegIOnal TnbunaJ shaJ] be duly constituted by apanel consistingof the Chairman and not less than two other panel members.. (4) A person sh ll not e appointed to be a Chairman ofa RegionalTnbunal unless he IS qualIfied to be appointed a Justice of the HighCourt.
90
The Constitution
THE HIGH COURT
COMPOSITION OF HIGH COURT AND QUALIFICA TIONS OF ITS JUSTICES 139. ( I ) The High Court shall consist of
(a) the Chief Justice; (b) not less than twenty Justices ofthe High Court; and
such other Justices ofthe Superior Court ofJudicature as the Chief Justice may, by writing signed by him, request to sit as High Court Justices for any period.
(2) The High Court shaH be constituted (a) by a single Justice ofthe Court; or
(b)
(d)
by a single Justice of the Court and jury; or by a single Justice of the Court with assessors; or by three Justices of the Court for the trial of the offence of high treason or treason as required by article 1 9 ofthis Constitution.
(3) There shall be in the High Court such divisions consisting of such number ofJustices respectively as the ChiefJustice may determine.
(4) A person shall not be qualified for appointment as a Justice of the High Court unless he is a person ofhigh moral character and proven integrity and is of at least ten years' standing as a lawyer.
JURISDICTION OF THE HIGH COURT 140. (I) The High Court shal subject to the provisions ofthis Constitution, have jurisdiction in all matters and in particula , i? c vil and criminal.matters and such original, appellate and other Junsdlctton as may be conferred on it by this Constitution or any other law.
(2) The High CourtshaH havejurisdiction to enforc the Fund ntal Human Rights and Freedoms guaranteed by thiS ConstttutlOn.
(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.
(c)
JURISDICTION OF REGIONAL TRIBUNALS
143. ( I ) A Regional Tribunal shall have jurisdiction to try such offences
against the State and the public interest as Parliament m ay, by law,
prescribe. . . . . (2) A Regional Tribunal shall have such appellate Junsdlct
Jon
relating to the matters described in clause ( I ) of this article, a s may be
prescribed by law. (3) For the purpose of hearing and detennining an appeal wi
thin its
jurisdiction and the amendment, execution or enforcement of ajudgm nt
or order on any appeal, and for the purposes of any oth er authonty
expressly or by necessary implication given to it by this Cons titution.
or
any other law, a Regional Tribunal shall have all the powe rs, authonty
and jurisdiction vested in the tribunal from which the appeal is brought.
The Constitution
(5) A panel member of a Regional Tribunal shall be a person of high moral character and proven integrity.
APPOINTMENT, RETIREMENT AND REMOVAL OF JUSTICES OF SUPERIOR COURTS AND CHAIRMEN AND OTHER MEMBERS OF REGIONAL TRIBUNALS
APPOINTMENT OF JUSTICES OF SUPERIOR COUR TS AND CHAIRMEN AND OTHER MEMBERS OF REGIONAL TRIB UNALS 144.( 1) The Chief Justice shall be appointed by the President acting in consultation with the Council ofState andwith the approval ofParliament.
(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 Chainnen of Regional Tribunals shall be appointed by the President acting on the advice ofthe Judicial Council.
. (4) Panel members ofRegional Tribunals other than the Chamnen
shall be appointedby the ChiefJustice in consultation with the Regional Co-ordination Council for the region and on the advice of the Judicial Council.
9 1
The Constitution
(5) Justices of the Superior Courts and Chairmen of Regional Tribunals shall be appointed by warrant under the hand ofthe 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 ofhis 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 perfonned by the most senior ofthe Justices of the Supreme Court.
(7) The office ofa Justice ofthe Superior Court shall not be abolished while there is a substantive holder in office.
(8) A Chainnan ofa 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 Chainnan of the Regional Tribunal is vacant or for any reason, a Justice of the High Court or a Chainnan ofthe Regional Tribunal is unable to perfonn 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 ofthe Judicial Council, appoint a person who has held office as, or a person qualified for appointment as, a Justice ofthe High Court or a Chainnan of the Regional Tribunal to act as a Justice of the High Court or a Chainnan ofthe Regional Tribunal.
( 1 0) A person appointed under clause (9) of thiJ article to act as a Justice ofthe High Court or a Chainnan ofthe 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 ofthe Judicial Council.
( I I ) Notwithstandingthe expiration ofthe period ofhis appointment or the revocation of his appointment under clause (9) of this article, a person appointmentunderclause (9) ofthis 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.
92
RETIREMENTAND RESIGNATION OF JUSTICES OF THE
SUPERIOR COURTSAND CHAIRMEN OF REG ONAL RIBUrv.ALS 1 45 . ( I ) A Justice of the Superior Court r Chamnan of a RegIOnal
Tribunal may retire at any time after attaining the age of sixty y.ear s.
(2) A Justice of a Superior Court or a Chatrman of a RegIOnal
Tribunal shall vacate his office - (a) in the case of a Justice of the Supreme Court or the
Court ofAppeal, on attaining the age ofseventy years;
(b) in the case ofaJustice ofthe High Court or a Chairman
of a Regional Tribunal, on attaining the age of sixty-
five years; or (c) upon his removal from oftice in accordance With article
1 46 ofthis Constitution.
(3) A Justice ofthe Superior Court of Judica.ture ?r a Chain.nan of a Regional Tribunal may resign his office by wntmg Signed by him and
addressed to the President. (4) Notwithstanding that he has attained the age at .whlc
h he IS
required by this article to vacate his.offi ce, a persO.n ho
lding office as
a Justice of a Superior Court or Chairman of Regional Tnbunal. may
continue in office for a period not exceeding SIX months after attamIng
that age, as may be necessary to ena le him to deliver judgment or do
any other thing in relation to proceedingsthat were commenced before
him previous to his attaining that age.
The Constitution The Constitution
the Chairman of a Regional Tribunal, he shall refer the petition to the ChiefJustice, who shall determine whether there is a prima facie case.
(4) Where the ChiefJustice decides that there is a prima facie case, he shall set up a committee consisting ofthree Justices ofthe Superior Courts or Chairmen ofthe Regional Tribunals or both, appointed by the Judicial Council and two other persons who are not members of the Council ofState, nor members ofParliament, nor lawyers, and who shall be appointed by the Chief Justice on the advice ofthe Council of State.
. .
(5) The committee appointed under clause (4) of this article shall investigate the complaint and shall make its recommendations to the ChiefJustice who shall forward it to the President.
(6) Where the petition is for the removal of the Chief Justice, the
or
. . 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 ofthe Council ofState, nor members of Parliament, nor lawyers.
REMOVAL OFJUSTICES OFSUPERIOR COURTS AND CHAIRMEN OF REGIONAL TRIBUNALS
. 146.( 1 ) A Justice of the Superior Court or a Chairman of t e Regl nal Tribunal shallnot be removed from office except for stated mlsbe avlour or incompetence or on groun of nability to perform the functIOns of his office arising from infirmity of body or mind.
. , (2) A Justice ofthe Superior Court ofJudi ature or a Chatn.nan of
the Regional Tribunal may only be removed m accordance With the procedure specified in this icle. . . .
(3) If the President receives a petition for the removal ofa Justtce ofa Superior Court other than the Chief Justice or for the removal of
93
(7) The committee appointed under clause (6) of this article shall inquire into the petition and recommend to the President whether the ChiefJustice 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 ofthe committee.
( 1 0) Where a petition has been referred to a committee under this article, the President may
(a) in the case ofthe Chief Justice, acting in accordance with the advice of the Council of State, by warrant signed by h im, suspend the Chief Justice;
(b) in the case ofany other Justice ofa Superior Court or of a Chairman of a Regional Tribunal, acting in accordance with the advice ofthe Judicial Council, suspend that Justice or that Chairman of a Regional Tribunal.
94
95
The Constitution
( 1 1 ) The President may, at any time, revoke a suspension under this article.
SER VICE CONDITIONSAND REMOVAL OF PANEL MEMBERS OF REGIONAL TRIBUNAL OTHER THAN THE CHAIRMAN. 147. (l) A panel member ofa Regional Tribunal, other than the Chairman, shall have such allowances and benefits as may be determined by the President acting on the adv ice of the Judicial Counci l .
(2) A panel member ofa Regional Tribunal other than the Chairman may be removed by the ChiefJustice acting on the advice ofthe Judicial Council and ofthe Regional Co-ordinating Council ongrounds ofstated misbehaviour or incompetence or on ground of inability to perform his functions arising from infirmity ofbody or mind.
(3) For the purposes of clause (2) ofthis article the panel member concerned is entitled to be heard in his defence by himselfor by a lawyer or other expert of his choice.
APPOINTMENT, RETIREMENT AND REMOVAL OF JUDICIAL OFFICERS
APPOINTMENTOFJUDICIAL OFFICERS 1 48. Subject to the provisions ofthis article, the power to appoint persons to hold or to act in ajudicial office shall be vested, subject to the approval ofthe President, in the ChiefJustice acting on the advice ofthe Judicial Council.
CONDITIONS OFSER VICE OFJUDICIAL OFFICERS 1 49. Judicial officers shall receive such salaries, allowances, facilities and privileges and other benefits as the President may, acting on the advice ofthe Judicial Council, determine.
RETIREMENTAND RESIGNATION OFJUDICIAL OFFICERS I SO. ( 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.
The Constitution
(2) A judicial officer may resign his office by writing addressed to the ChiefJustice.
REMOVAL OFJUDICIAL OFFICERS 1 5 1 . ( I ) A person holding ajudicial office may be removed from office bythe ChiefJustice on grounds only ofstated misbehaviour, incompetence or inability to perform his functions arising from infirmity of body or mind and upon a resolution supported by the votes ofnot less than two thirds of all the members ofthe Judicial Council.
(2) For the purpose ofclause ( 1 ) ofthis article, the judicial officer shaH be entitled to be heard in his defence by himselfor by a lawyer or other expert ofhis choice.
APPOINTMENT. ALLOWANCESAND REMOVAL OFLOWER COURTOR TRIBUNAL PANEL MEMBERS 1 52 . ( I ) A panel member of a lower court or tribunal other than the person presiding
(a) shaH be appointed by the Chief Justice acting on the advice ofthe 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 aHowances and benefits as the Judicial Council may determine; and
(c) may be removed by the ChiefJustice on the advice of the Judicial Council on ground ofstated misbehaviour, incompetence or inability to perform his functions arising from infirmity ofbody or mind.
(2) For the purposes ofparagraph (c) ofclause ( 1 ) ofthis 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 1 53 There shaH be a Judicial Council which shaH comprise the foHowing persons
(a) the Chief Justice who shall be Chairman; (b) the Attorney-General; (c) a Justice of the Supreme Court nominated by the
Justices ofthe Supreme Court;
96
1 56. ( l ) A Justice of a Superior Court, the Chairman of a Regional Tribunal, and also a personpresiding over a lowercourt or tribunal, and any otherjudicial officer or person whose functions involve the exercise by him ofjudicial power shall, before assuming the exercise ofthe duties ofhis office, take and subscribe the oath of allegiance and the Judicial Oath set out in the Second Schedule to this Constitution.
The Constitution
(d) a Justice of the Court of Appeal nominated by the Justices ofthe Court ofAppeal;
(e) a Justice ofthe High Court nominated by the Justices ofthe High Court; . .
(j) two representatives ofthe Ghana Bar AssocIatIon one of whom shall be a person of not less than twelve years' standing as a lawyer; ..
(g) a representative ofthe Chairmen ofRegIOnal Tnbunals nominated by the Chairmen;
(h) a representative of the lower courts or tribunals; (i) the Judge Advocate-General of the Ghana Armed
Forces; OJ the Head of the Legal Directorate of the Police
Service; (k) the Editor ofthe GhanaLaw Reports; (I) a representative of the Judicial Servic Staff
.Association nominated by the Assoc IatIOn; (m) a chief nominated by the National House ofChiefs;
and (n) four other persons who are not lawyers appointed
by the President.
FUNCTIONS OFJUDICIAL COUNCIL 154. ( I ) The functions of the Judicial Council are . ,.
(a) to propose forthe consideration ofo.0 e ent,J dI Ial reforms to improvethe level ofadmmIstratIon ofJustIce and efficiency in the Judiciary;
(b) to be a forum for consideration and discussion of matters relating to the discharge ofthe functions of the Judiciary and thereby assist the Chief Justice in the performance ofhis duties with a viewto ensuring efficiency and effective realization ofjustice: and(c) to perform any other functions conferred ?n It b or underthis Constitution orany other law not mconsIstent with this Constitution.
(2) The Judicial Council may establish such co mittees as i . considers necessary to which it shall refer matters relatmg to the JUdICIary.
97
The Constitution
MISCELLANEOUS
RETIRING AWARDS OF SUPERIOR COURTJUSTICES 155. ( I ) Notwithstanding the provisions ofthis Chapter, a Justice ofthe 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 a Justice ofthe 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 ofdoubt, the pension paid to a person under clause ( I ) ofthis article shall be subject to the same changesand 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 ( I ) 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.
JUDICIAL OATH
98
The Constitution
(2) The President may, on the advice ofthe ChiefJustice, direct that any other person connected with the exercise ofjudicial 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 oth:r Justi e of a SuperiorCourt,and a Chairman ofa RegIOnal Tnbunal, before the President; and
(b) in the case ofany other person, before the ChiefJustice or before any other Justice of a Superior Court or Chairman of a Regional Tribunal as the ChiefJustice may direct.
RULES OF COURT 1 57. ( 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 ofnot less than ten and the other of
not more than five years' standing, both ofwhom shall be nominated by the Ghana Bar Association.
(2) The Rules ofCourt 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 ofpanel determining that cause or matter, nor shallthat person become functus officio in respect ofthat cause or matter, until judgment is delivered.
OTHER OFFICERSAND EMPLOYEES OF COURTS 158. ( I ) The appointment ofofficers and employees oft e Courts o er. . than those expressly provided for by other provIsions ofthiS ConstitutIOn,
99
The Constitution
shall be made by the ChiefJustice or other Justice or other officer ofthe Court as the ChiefJustice 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.
REGUALTIONS B Y CHIEFJUSTICE 1 59. The ChiefJustice may, acting in accordance with the advice of the Judicial Council and with the approval ofthe President, by constitutional instrument, make regulations for the efficient performance ofthe functions of the Judicial Service and the Judicial Council under this Chapter.
FEES OF THE COURTS TO FORMPART OF CONSOLIDATED FUND 1 60. The fees, fines and other moneys paid to the Courts shall form part
ofthe Consolidated Fund.
INTERPRETATION 1 6 1 . In this chapter, unless the context otherwise requires "court" includes a tribunal; "judicial office" means
(a) the office ofa person presiding over a lower court or tribunal howsoever described;
(b) the office ofthe Judicial Secretary or Registrar ofthe 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 j udicial office; and "supervisory jurisdiction" includes jurisdiction to issue writs or orders in the nature ofhabeas corpus, certiorari, mandamus, prohibition and quo warranto.
1 00
CHAPTER TWELVE
FREEDOM AND INDEPENDENCE OF THE MEDIA
FREEDOMAND RESPONSIBILITYOF MEDIA 1 62.( 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 ofanewspaper,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 publ ications.
(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 upholdthe responsibility and accountability ofthe Government to the people of Ghana.
(6) Any mediurn 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.
RESPONSIBILITY OF STA TE-OWNED MEDIA 1 63. All state-owned media shall afford fair opportunities and facilities for the presentation of divergent views and dissenting opinions.
LIMITATION ON RIGHTS AND FREEDOMS 1 64. The provisions of articles 1 62 and 1 63 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 ofprotecting the reputations, rights and freedoms ofother persons.
10 1
The Constitution
MEDIA RIGHTS AND FREEDOMS TO BE ADDITIONAL TO FUNDAMENTAL HUMAN RIGHTS 1 65. For the avoidance ofdoubt, the provisions ofthis Chapter shall not be taken to limit the enjoyment ofany ofthe fundamental human rights and freedoms guaranteed under Chapter 5 of this Constitution.
NATIONAL MEDIA COMMISSION 1 66. ( I ) 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 offifteen members as follows
(a) one representative each nominated by (i) the Ghana Bar Association; (ii) the Publishers and Owners ofthe Private Press; (iii) the GhanaAssociation ofWriters andthe Ghana
Library Association; (iv) the Christian group (the National Catholic
Secretariat, the Christian Council, and the Ghana Pentecostal Councin( �
(v) the Federation of Muslim Councils and Ahmadiyya Mission;
(vi) the training institutions of journalists and communicators;
(vii) the Ghana Advertising Association and the Institute of Public Relations of Ghana; and
(viii) the Ghana National Association of Teachers; (b) two representative nominated by the GhanaJournalists
Association; (c) two persons appointed by the President; and (d) Three persons n o m i nated by Parl iament .
(2 ) The Commission shal l e lect i ts own Chairman.
FUNCTIONS OF THE COMMISSION 1 67. The functions of the National Media Commission are
(a) to promote and ensure the freedom and independence ofthe media for mass communication or information;
1 02
The Constitution
(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 ofany direction or control overthe 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.
APPOINTMENT OF BOARD MEMBERS OF STATE-OWNED MEDIA 168. The Commission shall appoint the chairmen and other members of the governing bodies Ofpublic corporations managing the state-owned media in consultation with the President.
APPOINTMENT OFEDITORS 169. Editors ofthe state-owned media shall be appointed by the governing bodies of the respective corporations in consultation with the Public Services Commission.
STAFF OF COMMISSION 1 70. The Commission shall appoint the officers and other employees of the Commission in consultation with the Public Services Commission.
EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND 1 7 1 . The administrative expenses of the National Media Commission, including salaries, allowances and pensions payable to or in respect of
1 03
The Constitution
persons serving with the Commission shall be charged on the Consolidated Fund.
INDEPENDENCE OF COMMISSION 1 72. 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 tothe direction or control ofany person or authority in the performance ofits functions.
INDEPENDENCE OFJOURNALISTS 1 73. Subject to article 167 of this Constitution, the National Media Commission shall not exercise any control or direction over the professional functions ofa person engaged in theproduction ofnewspapers or other means of communication.
1 04
CHAPTER THIRTEEN
FINANCE
GENERAL
TAXA TION 1 74.( 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 w ve or v a tax. imposed by that Act, the exercise of the powe of waiver r vanatlOn, in favour of anyperson or authority, shall be subject to the pnor approvaJ of Parliament by resolution.
(3) Parliament may by resolution, s pported by the votes of n t less than two-thirds of all members of Parhament, exempt the exercise of any power from the provisions of clause (2) of this article.
PUBLIC FUNDS OF GHANA 1 75. 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.
THE CONSOLIDATED FUND 176.(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 oilier moneys referred to in clause ( I ) 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
l OS
The Constitution
(b) that may, by or under an Act of Parliament, be retained by the department of government that receivedthem for the purposes of defraying the expenses of that department.
CONTINGENCYFUND 1 77. ( I ) 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 financiaJ 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 estimateshaJlbe presented as soon as possible to Parliament for t h e purpose of replaci n g the amount so a dvanced.
WITHDRA WAL FROMPUBLIC FUNDS, ETC 1 78. ( I ) 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 1 79 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.
1 06
The Constitution
A UTHORISATION OF EXPENDITURE 1 79. ( I ) The President shall cause to be prepared and lai before Parliament at least one month before the end of the financIal year, estimates ofthe revenues and expenditure ofthe Government ofGhana for the following financial year.
(2) The estimates ofthe expenditure ofall public offices and public corporations, other than those set up as commercial venture
. (a) shall be classified under programmes or activlttes
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 ofmoney necessary tomeetthat expenditure and the appropriation ofthose 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 ofmembers ofParliament.
(3) The ChiefJustice shall, in consultation with the Judicial Council, cause to be submitted to the President at least two months before the end ofeach financial year, and thereafter as and when the need arises
(a) the estimates ofadministrative expenses ofthe Judiciary charged on the Consolidated Fund under article 127 ofthis Constitution; and
(b) estimates ofdevelopment expenditure ofthe Judiciary. (4) The President shall, at the time specified in clause ( I ) 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 c ause (4) by the President without revision but with any recommendatIOns that the Government may have on them.
(6) The development expenditure ofthe Judiciary, if approved by Parliament, shall be a charge on the C onsol idated Fund .
(7) Parliament shall prescribe the procedure for the presentation of Appropriation Bills.
107
The Constitution
(8) Where, in respect ofa 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 case ofa financial year, a supplementary estimate has been approved by Parliament in accordance with clause (8) ofthis 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 ofthe sum so approved for the purposes specified in that estimate.
( 1 0) Notwithstanding the provisions ofthe preceding clauses ofthis article, the Presidentmay cause to be prepared and laid before Parliament, estimates of revenue and expenditure of Ghana for periods of over one year.
(I I ) Whenever in the estimates prepared in accordance with clauses (I) 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 ofthat 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.
EXPENDITUREINADVANCE OFAPPROPRIA TION 1 80. Where it appears to the President that the Appropriation Act in respect ofany financial year will not come into operation by the beginning ofthat financial year, he may, with the prior approval ofParliament by a resolution, authorise the withdrawal of moneys from the Consolidated Fund for the purpose ofmeeting expenditure necessary to carry on the services ofthe Government in respect ofthe period expiring three months from the beginning ofthe financial year or on the coming into operation ofthe Act whichever is earlier.
LOANS 1 8 l . ( I ) Parliament may, by a resolution supported by the votes of a majority of all the members ofParliament, authorise the Government
\08
1 82.( 1 ) The public debt ofGhana 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 fundpayments and redemption moneys in respect ofthat debt andthe costs, charges and expenses incidental to the management ofthat debt.
1 83. ( I ) 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 ofGhana both in and outside Ghana and may, by notice published in the Gazette, authorise any other person or authority to act as a custodian ofany such fund as may be specified in the notice;
The Constitution The Constitution
to enter into an agreement for the granting of a loan out of any public fund or public account. (b) the payment into the Consolidated Fund or other public. . fund ofmoneys derived from loansraised on institutions
shall be laid before Parliament and shall not come mto operatIOn unless (2) An agreement entered into under cl use ( I ) oft.1us article
outside Ghana.
it is approved by a resolution ofParliament. (3) No loan shall be raised by the overnme t on behalf of Itself
. PUBLIC DEBT
or any other public institution or authOrity otherwise than by or under the authority of an Act ofParliament. .
(4) An Act ofParliament enacted in accordance With clause (3) of this article shall provide .
(a) that the terms and conditions of a lo shall be 1 ld before Parliament and shall not come mto operatIOn unless they have been approved by a resolution of
CENTRAL BANKParliament; and (b) that any moneys received in respect ofthat loan shall
be paid into the Consolidated Fun and form part of that Fund or into some other pubhc fund of Ghana either existing or created for the purposes ofthe loan.
(5) This article shall, with the necessary modificatio s by Parli ent, .
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 ofthis article "loan" includes any moneys lent or given to or by the Governme t on condit on freturn or repay ent, and any other form of borrowmg or lendmg 10 respect of \\,hlch
(a) moneys from the Consolidated Fund or any other (c) encourage and promote economic development andpublic fund may be used for payment or repayment; or
(b) moneys from any fund by whatever name called, established for the purposes ofpayment or repayment whether directly or indirectly, may be used for payment or repayment. .
(7) The Minister responsible for financ shall, at s ch times as .
Parliament may determine, present to Parhament any mformatlOn concerning any discrepancies relating to . . . .(a) the granting of loans, their repayment and servlcmg,
1 09
the efficient utilisation of the resources of Ghana through effective and efficient operation ofa 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.
1 1 0
1 85 . ( 1 ) There shall be a Statistical Service which shall form part of
thepublic services of Ghana. (2) The head of the Statistical Service shall be the Government
The Constitution
(4) The following shall apply to the Governor ofthe Bank ofGhana- (a) he shall b appointed by the President ac ing in
consultation with the Council of State for penods of four years each;
(b) he shall, notwithstanding article 285 ofthis Constitution be the chairman ofthe governing body ofthe Bank of Ghana;
(c) his emoluments shall notbe reducedwhile 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 ofJudicature, other than the Chief Justice, may be removed.
FOREIGN EXCHANGE DEALINGS 1 84. ( I ) The Committee of Parliament responsible for financial measures shall monitor the foreign exchange receipts and payments or transfers ofthe Bank ofGhana 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) aftertheend ofits fmancial year; submit tothe 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 ofthe statement referred to in clause (2) of this article, submit his report to Parliament on the statement.
(4) Parliament shall debate the report ofthe Auditor-General and appoint, where necessary, in the public interest, a committee to deal with any matters arising from the report.
STATISTICAL SER VICE
Statistician
1 1 1
The Constitution
(3) The Government Statistician shall be appointed by the President in consultation with the Council of State.
STA TISTICAL SER VICE BOARD 186. ( 1 ) There shall be a Statistical Service Board which shall consist of
(a) a chairman and not more than five other members all ofwhom 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 ofsocio-economic data on Ghana and shall perform such other functions as may be prescribed by or under an Act ofParliament.
(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 A UDITOR-GENERAL 1 87.( 1 ) There shall be an Auditor-General of Ghana whose office shall be a public office.
(2) The public accounts ofGhana and ofall public offices, including the courts, the central and local government administrations, of the Universities and public institutions oflike nature, ofany public corporation or other body or organisation established by an Act ofParliament shall be audited and reported on by the Auditor-General.
(3) For the purposes ofclause (2) ofthis article, the Auditor-General or any person authorised or appointed for the purpose by the Auditor General 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 ofthe accounts mentioned in clause (2) of this article relates, submit his report to
1 12
The Constitution
( 1 3) The provisi.ons of article 146 of this Constitution relating tothe removal of a Justice of the Superior Court ofJudicature from officeshall apply to the Auditor-General. . (1.4) The admi?istrative expenses oftheoffice ofthe Auditor-Generalncludmg all salaries, allowances, gratuities and pensions payable to orIn respect ofpersons serving in the Audit Service shall be a charge onthe Consolidated Fund.
. ( 15 ) The accounts of the office of the Auditor-General shall beaudited and reported pon by an auditor appointed by Parliament.(16) A erson appomted to be the Auditor-General ofGhana shallbefore ent nng upon the duties ofhis office, take and subscribe the oathofthe Auditor-General set out in the Second Schedule to this Constitution. THE A UDITSER VICE 1 88. There shall be an Audit Service which shall form part of thepublic services of Ghana.
THE A UDITSER VICE BOARD189.( 1 ) There shall be an Audit Service Board which shall consist of(a) a ch irman d f ur other me?Ibers appointed by thePresident, actmg m consultatIOn with the Council ofState; (b) the Auditor-General; and (c) the Head of the Civil Service or his representative2) The appointment ofofficers and other employees in the AuditServ.lce, other th n he Auditor-General, shall be made by the AuditService Board, acting In consultationwiththe Public Services Commission3) The. Audit Sen:ice Board shall, acting in consultation with thPublIc Services Commission _
(a) determine theterms and conditions ofservice ofofficersand other employees in the Audit Service' and(b) by co stitutional instrument, make regulations for theeffective and efficient administration of the AuditService.
The Constitution
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 ofParliament.
(6) Parliament shall debate the report ofthe Auditor-General d appoint where necessary, inthe 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) maydisallowany item ofexpenditure 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 sumwhichhasnot been dulybrought 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) ofclause (7) ofthis article shall not preclude the President, acting in accordance with the advice ofthe Council ofState, from requesting the Auditor-General in the public interest, to audit, at any particular time, the accounts ofany 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 ofCourt Committee may, by constitutional instrument, make Rules of Court for the purposes of clause (9) of this article.
( 1 1) The salary and allowances payable tothe Auditor-General shall be a charge on the Consolidated Fund.(\2) The salary and allowances payable to the Auditor-General, his rights in respect of leave ofabsence, retiring award or retiring age shall not be varied to his disadvantage during his tenure of office.
1 1 3 1 14
The Constitution
(4) A member ofthe 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 ofthe Council of State, for inability to perform the functions of his office arising from infIrmity ofmind orbody or for any other sufficient cause.
1 1 5
CHAPTER FOURTEEN
THE PUBLIC SERVICES
THE PUBLIC SERVICES OF GHANA 1 90.(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 ther public services as Parliament may by law
prescnbe. (2) The Civil Service shall, until provision is otherwise made by.Parliament, comprise service in both central and local government.. (3) Subjec to the provisions ofthis Constitution, anAct ofParliament
enacted by vIrtue of clause ( I ) of this article shall provide for _ (a) the governing council for the public service to which
it relates; (b) the functions ofthat service; and
(c) the membership ofthat service. (4) For the purposes of this article "public corporation" means a. .public corporatIOn established in accordance with article 1 92 of this.ConStitutIOn other than one set up as a commercial venture.
1 16
19 1 . A member ofthe public services shall not be - (a) victimized or discriminated against for havI
discharged his duties faithfully, in accordance with this Constitution; or
(b) dismissed or removed from office or reduced in rank or otherwise punished without j ust cause.
ESTABLISHMENT OF PUBLIC CORPORATIONS
1 92. A public corporation shall not be established except by Act of
1 93.(1 ) The President shall, acting in accordance with the advice ofthe Public Services Commission, appoint a public officer as the Head of the Civil Service.
(2) Subject 10 the provisions ofthis Constitution, the Head of the Civil Service shall not hold any other public office.
194.(1 ) There shall be a Public Se ices ommis io wh.ich shall perform such functions as assigned to It by thiS ConstitutIOn or by any
(2) The Public Services Commission shall consist of- (a) a chairman, a vice-chairman and three other m m?ers
who shall be full-time members of the commiSSion;
(a) if he is not qualified to be elected as a member of Parliament; or
(b) ifhe is otherwise disqualified from holding a public
(4) A person holding a public o ce shall, p n bein appointed a full-time member ofthe Public Services CommlsslOll, resign from that
The Constitution The Constitution
(5) Subject to clause (6) ofthis article, the terms and conditions ofPROTECTION OF PUBLIC OFFICERS . service including retiring ages of a Justice of the Court of Appeal shall
apply to the Chairman ofthe Public Services Commission and those of a Justice of the High Court shall apply to the Vice-Chairman.
(6) The provisions of article 146 ofthis 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) ofclause (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 7 1 of this Constitution.
APPOINTMENTS, ETC. OFPUBLIC OFFICERS 1 95.( 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 withthe advice ofthe governing council ofthe 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 ofthat governing council or to any public officer.
Parliament
HEAD OF THE CIVIL SER VICE
THE PUBLIC SERVICES COMMISSION
other law.
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 ofthe (3) The power to appoint persons to hold or act in an office in a
Public Services Commission body of higher education, research or professional training, shall vest in the council or other governing body of that institution or body.
OTHER FUNCTIONS OF THE PUBLIC SERVICES COMMISSION office. 1 96. The Public Services Commission shall have such powers and
exercise such supervisory, regulatory and consultative functions as
public office. Parliament shall, by law, prescribe, including as may be applicable, the supervision and regulation of, entrance and promotion examinations,
1 1 7 1 1 8
recruitment and appointment into or promotions within, th e public
services, and establishment ofstandards and guidelines on the ter ms and
conditions ofemployment in the public services.
REGULATIONS
197. The Public Services Commission may, subject to the a pproval
ofthe President, make regulations, by constitutional instrument , for the
effective and efficient performance ofits functions underthis Con stitution
or any other law.
INDEPENDENCE OF COMMISSION
198. Except as otherwise provided in this Constitution, or any o th r I w
not inconsistent with this Constitution, the Public Services Com mission
shall not be subject to the control or direction ofany person or a uthority
in the performance of its functions.
RETIRING AGE AND PENSION
1 99.(1 ) A public officer shall, except as otherwise provided in his
Constitution, retire from the public service on attaining the age ofSIXty
years. . , . (2) A public officer may, except as otherwls proVided I t IS
Constitution, retire from the public service at any time after at taInIng
the age offorty-five years. (3) The pension payable to any person shall be exempt from t
ax.
1 19
CHAPTER FIFTEEN The Constitution
THE POLICE SERVICE
200. ( I ) There shall be a Police Service ofGhana. (2) No person or authority shall raise any police service except by
or under the authority ofan Act of Parliament. (3) The Police Service shall be equippedand maintained to perform
its traditional role ofmaintaining law and order.
THE POLICE COUNCIL 20 I . There shall be established a Police Council which shall consist of
(a) the Vice-President, who shall be chairman' (b) the Minister responsible for internal affairs,: (c) the Inspector-General ofPolice; (d) the Attorne -General or his representative; (e) a lawyer nomInated by the Ghana Bar Association' (/) a representative ofthe Retired Senior Police Officer
Association; (g) two members ofthe 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.
INSPECTOR-GENERAL OF POLICE AND APPOINTMENT OF MEMBERS OFPOLICE SER VICE 202. ( 1 ) The Inspec or-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 contro! 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 ofthe Police Council
.
120
The Constitution
(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 ofthe Council.
FUNCTIONS OF THE POLlCE COUNCIL 203. ( I ) 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 ofthe President, by constitutional instrument, make regulations for the performance of its functions underthis Constitution or any other law and for the effective and efficient administration ofthe Police Service.
(3) Regulations made underclause (2) ofthis article shall include regulations in respect of
(a) the control and administration of the Police Service (b) the ranks ofofficers and men ofeach unit ofthe 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 ofofficers and men;
(d) the authority and powers ofcommand ofofficers and men ofthe Police Service; and
(e) the delegation to other persons ofpowers to discipline persons andthe conditions subject to which delegations may be made.
REGIONAL POLlCE COMMITTEES 204. (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 ofthe Police Service in the region;
(c) a representative ofeach district in the region appointed by the District Assembly in the district.
1 2 1
The Constitution
(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 Councii
on n y matter relating to the administration of the Police. .Service III the regIOn.
122
Dir ctor General article
THE PRISONS SERVICE COUNCIL
206. There shall be established a Prison Service Council which shall consist of-
(a) the Vice-President, who shall be chairman; (b) the Minister responsible for internal affairs; (c) the Director-General of the Prisons Service; (d) a medical practitioner nominatedbythe Ghana Medical
(e) a lawyer nominated by the Ghana Bar Association; (j) the Attorney-General or h is representative; (g) a representative of the Ministry or department of
The ConstitutionCHAPTER SIXTEEN 2? The ofthe Prisons Service shall, subject to theTHE PRISON SERVICE provISIons of thiS and to the control and direction af the Prisons
Service Council, be responsible for the operational control and the205.( 1 ) There shall be a Prison Service ofGhana. administration ofthe Prisons Service.(2) The Prisons Service shall be equipped and maintained to perform \3) Subject to the provisions of this Constitution, the power toits traditional role efficiently. appomt persons to hold or to act in an office in the Prisons Service shall
Association
vest in the President, acting in accordance with the advice ofthe Prisons Service Council.
(4) The President may, subject to such conditions as he thinks fit delegate ome ofhi functions under this article by directions in writin.to the Pnsons Services Council or to a Committee or a member ofthe Council.
FUNCTIONS OF PRISONS SERVICE COUNCIL
state responsible for social welfare; (h) a representative ofsuch religious bodies as the President
may, in consultation with the Council ofState, appoint; (i) two members ofthe Prisons Service appointed by the
President in consultation with the Council ofState one ofwhom shall be of ajunior rank;
(j) a representative ofthe National House of Chiefs; and (k) two other members appointed by the President.
DIRECTOR GENERAL OF PRISONS SERVICE AND APPOINTMENT OF MEMBERS OF SERVICE. 207.(1 ) The Director-General of the Prisons Service shall be appointed by the President, acting in consultation with the Council of State.
1 23
208. ( \ ) The Prisons Service Council shall advise the President on matters of policy relating to the organisation and maintenance of the prisons 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) ofthis article shall include provisions relating to
(a) the control and administration ofprisonsandthePrisons Service;
(b) the ranks ofofficers and men ofthe Prisons Service, the members ofeach 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 ofofficers and men;
(d) the authority and powers of command ofthe officers and men ofthe Prisons Service;
124
The Constitution
(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 ofprisonersand 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 ofreports ofunjustified treatmentof, and cruelty to, prisoners andpersons in legal custody and
the manner in which the reports should be dealt with;
(i) the appointment and composition ofwelfare committees for prisoners and discharged prisoners and otherpersons 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 ofprisoners and other persons in legal custody, including the provision of literature and writing material.
REGIONAL PRISONS COMMITTEES 209. (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 ofthe Prisons Service in the region;
(c) a representative of the Attorney-Genera l ; (d) a lawyer practising i n the region nominated by the
Ghana Bar Association; (e) the Regional Director of Health Serv ices; (f) a medical practitioner in the region nominated by the
Ghana Medical Association;
1 25
The Constitution
(g) the Regional D i rector of Social Welfare; (h) a representative of the Regional House ofChiefs; (i) representative of such religious bodies asthe Regional
Minister may deem fit to appoint. (2) A Regional Prisons Committee shall advise the Prisons Service
Council and the Director-General ofthe Prisons Service on any matter relating to the administration of prisons and of the Prisons Service in the region.
126
210. (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 ofan Act ofParliament.
(3) The Armed Forces shall be equipped and maintainedto perform their role of defence of Ghana as well as such other functions for the development of Ghana as the President may determine.
2 1 1 . There shall be established an Armed Forces Council which shall • Co/" ,1 .
the President, who shall be chairman; the Ministers responsible for defence, foreign affairs and internal affairs;
212. ( 1 ) The President shall, acting in consultation with the Council of State, appoint -
(a) the Chief ofDefence Staff ofthe Armed Forces; and (b) the Service Chiefs.
(2) The President may, acting in accordance with the advice ofthe Armed Forces Council, appoint officers ofthe 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 ofthe Armed Forces Council, grant commissions to officers of the Armed
The Constitution
"",poi(
CHAPTER SEVENTEEN
(4) Subject to clause (3) ofthis article, the power to appoint persons to hold or to act in an office in the Armed Forces shall vest in the
THE ARMED FORCES OF GHANA
President, acting in accordance with the advice of the Armed Forces Council.
ARMED FORCES OF GHANA
THE CHIEF OFDEFENCE STAFF 213. The Chief ofDefence 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 ofthe Armed Forces.
FUNCTIONS OFARMED FORCES COUNCILARMED FORCES COUNCIL
consist of 214.(1) The Armed Forces Council shall advise the President on matters ofpolicy relating to defence and strategy including the role ofthe Armed Forces, military budgeting and fmance, administration and the promotion of officers above the rank of Lieutenant-Colonel or its equivalent.
(a) (b) (2) The ArmedForces Council may, with theprior approval ofthe
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 ofthe Armed Forces.
(c) the Chief ofDefence Staff, the Service Chiefs and a senior Warrant Officer or its equivalent in the armed forces; and
(3) Regulations made under clause (2) ofthis article shall include in consultation with the Council of State.
(d) two other persons appointed by the President acting regulations in respect of
(a) the control and administration of the services of the Armed Forces;APPOINTMENTS
(b) the ranks of officers and men of each service, the members in each rank and the use ofuniforms 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 ofcommand ofofficers and men of each service;
(e) the delegation to other persons of powers of commanding officers to try accused persons and
Forces.
127 128
The Constitution
the condi1ions subject to which delegations may be made; and
(f) the establishment of research and development units in each service.
DELEGATION OFFUNCTIONS 215. The Armed Forces Council _y, 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.
129
CHAPTER EIGHTEEN
COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE
216. 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.
APPOINT NT OF MEMmERS OF COMAUS ON 217. The President shall appoint the members of the Commission under article 70 of this Constitution.
FUNCTIONS OF COMAUSSION 2 1 S.The functions of the Commission shall be defined and prescribed by Act of Parliament and shall include the duty
(a) t 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 functionin 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 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
1 30
The Constitution
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 ensure the termination of the offending action or conduct, or the abandonment or alteration of the offending procedures; and
(iv) bringing proceedings to re train 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.
SPECIAL POWERS OFINVESTIGATION 2 19. ( 1 ) The powers of the Commission shall be defined by Act of Parliament and shall include the power
1 3 1
The Constitution
(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 ofany such subpoena to be prosecuted before a com petent Court;
(c) to question any person in respect ofany 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.
REGIONAL AND DISTRICTBRANCHES OF COMMISSION 220. An Act of Parliament enacted under article 216 of this Constitution shall provide for the creation of regional and district branches of the Commission.
QUALIFICA TIONS OF COMMISSIONERS 22 1 . 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 ofCommissioner, 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.
COMMISSIONERS NOT TO HOLD OTHER PUBLIC OFFICE 222. The Commissioner and the Deputy Commissioners shall not hold any other public office.
132
230. 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 ofsuch complaints.
The Constitution
TERMS AND CONDITIONS OF SERVICE OF COMMISSIONERS 223. ( 1 ) The Commissioner and Deputy Commissioners shall enjoy the terms and conditions ofservice ofa Justice ofthe Court, ofAppeal 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.
ACTING APPOINTMENTS 224. Where the Commissioner dies, resigns or is removed from office or is for any other reason unable to perform the functions ofhis 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.
INDEPENDENCE OF COMMISSIONAND COMMISSIONERS 225. 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 oftheir functions, not be subject to the direction or control of any person or authority.
APPOINTMENT OFSTAFF 226. The appointment of officers and other employees of the Commission shall be made by the Commission acting in consultation with the Public Services Commission.
EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND 227. The administrative expenses ofthe Commission including salaries, allowances and pensions payable to, or in respect of, persons serving with the Commission, shall be charged on the Consolidated Fund.
REMOVAL OF COMMISSIONERS 228. 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 underthis Constitution.
1 33
The Constitution
INITIATION OF LEGAL PROCEEDINGS
229. For the purposes ofperforming 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.
REGULATIONS
1 34
INDEPENDENCE OF COMMISSION 234. Ex.cep as ot?erwis provid.ed in this Constitution or in any otherlaw whIch IS not InconsIstent WIth this Constitution, the Commissionhall not be subject to the direction or control ofany person or authority In the performance of its functions.
238. The offic:rs .and e plo ees of the Commission shall be appointedby the CommIssIOn actIng In consultation with the Public ServicesCommission.
CHAPTER NINETEEN The Constitution
NATIONAL COMMISSION FOR CIVIC EDUCATION
ESTABLISHMENT OF NA TIONAL COMMISSION FOR CIVIC EDUCATION. 23 1 . There shall be established by Act ofParliament within six months after Parliament first meets afterthe coming into force ofthis Constitution, a National Commission for Civic Education in this Chapter referred to as the "Commission".
MEMBERSHIP OF COMMISSION 232 ( I ) The Commission shall consist of a Chairman, two Deputy Chairmen and four other members.
(2) Members ofthe Commission shall be appointed by the President acting on the advice ofthe Council of State.
(3) Members ofthe Commission shall be persons who are qualified to be elected as members ofParliament.
(4) Members ofthe Commission shall be persons who do not hold office in any political party.
FUNCTIONS OF COMMISSION 233. The functions of the Commission shall be
(a) to create and sustain within the society the awareness ofthe 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
TERMS AND CONDITIONS OF SER VICE OF MEMBERS OF COMMIS ON.
235. ( I ) e Chairman of the Commission shall enjoy the same terms. and condltI ns 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 ofthe High Court.
(2) The other members ofthe Commission shall hold office on such terms and conditions as may be approved by Parliament.
REMOVAL OF CHAIRMANAND DEPUTY CHAIRMEN 236 The procedure for the removal of the Chairman or a Deputy: ChaIrman from office shall be the same as thatprovided for the removal of a Justice of the Court of Appeal and a Justice of the High Court respectively under this Constitution.
REGIONAL AND DISTRICTBRANCHES OR COMMISSION 237. P l i ent shall, by law, provide forthe establishment ofRegional and DIstrIct branches ofthe Commission.
APPOINTMENT OF STAFF 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 inthe citizens ofGhana 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.
135
EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND
239. The administrati e expenses of the Commission, including salaries, al!owances and e slOns payable to, or in respect of, persons serving WIth the CommIssIOn, shall be charged on the Consolidated Fund.
136
CHAPTER TWENTY
DECENTRALIZATION AND LOCAL GOVERNMENT
LOCAL GOVERNMENT . . .
240. (\) Ghanashall have a system oflocal government and arummstratlOn 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 ofsuch measures as are necessary to enhance the capacity of local government authorities to plan, initiate, co ordinate, manage and execute policies in respect fall 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.
DISTRICTS OFLOCAL GOVERNMENT 241 . ( I ) For the purposes of local ¥o e ent Ghana sha 1 be: .deemed to have been divided into the districts In eXistence Immediately before the coming into force ofthis Constitution.
137
The Constitution
(2) Parliament may by law make provision forthe redrawing ofthe 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.
COMPOSITION OF DISTRICTASSEMBLY 242. 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 for the constituencies that fall within the area ofauthority 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 per cent 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.
DISTRICT CHIEFEXECUTIVE 243. (1) There shall be a District ChiefExecutive for every district who shall be appointed by the President with the prior approval of not less than two-thirds majority ofmembers ofthe Assembly present and voting at the meeting.
(2) The District ChiefExecutive shall (a) preside atmeetings ofthe Executive Committee ofthe
Assembly; (b) be responsible for the day-to-day performance ofthe
executive and administrative functions ofthe District Assembly; and
(c) be the chiefrepresentative ofthe Central Government in the district.
(3) The office ofDistrict ChiefExecutive shall become vacant if (a) a vote ofno confidence, supported by the votes ofnot
less than two-thirds of all the members ofthe District Assembly is passed against him; or
138
The Constitution
(b) he is removed from office by the President; or (c) he resigns or dies.
PRESIDING MEMBER 244. (\) 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 ofthe Assembly.
(3) The Presiding Member shall (a) preside over the meetings of the Assembly; (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 wheneverthe Assembly by a majority of at least two-thirds ofall the members ofthe Assembly vote to remove him from office.
FUNCTIONS OF DISTRICTASSEMBLIES 245. Parliament shall, by law, prescribe the functions of District Assemblies which shall include
(a) the formulation and execution ofplans, programmes and strategies for the effective mobilization of the resources necessary for the overall development ofthe district;
(b) the levying and collection of taxes, rates, duties and fees.
TERM OFDISTRICTASSEMBLY 246.(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 ChiefExecutive shall be four years; and a person shall not hold office as aDistrict ChiefExecutive for more than two consecutive terms.
1 39
The Constitution
QUALIFICATIONS AND PROCEDURES 247 S bject 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.
POLITICAL PARTIES AND CANDIDATES FOR ELECTION TO LOCAL GOVERNMENT UNITS 248. ( I ) A candidate seeking election to a District Assembly or any lower local government unit shall present himselfto 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 D istrict Assembly or any lower local government unit.
REVOCATION OF MANDA TE BYELECTORATE 249. Subject to any procedure established by law, the mandate of a member ofa District Assembly may be revoked by the electorate or the appointing body.
EMOL UMENTS OF DISTRICT CHIEF EXECUTIVE AND PRESIDING MEMBER 250. ( I ) 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 emolument of a Presiding Member ofa District Assembly and other members ofthe Assembly shall be determined by the District Assembly and paid out of the assembly's own resources.
EXECUTIVE COMMITTEE 25 1 . ( 1 ) There shall be established an Executive Committee ofa District Assembly which shall be responsible for the performance ofthe executive and administrative functions of the District Assembly.
(2) The composition ofthe Executive Committee and the procedure for its deliberations shall be as provided for by law.
140
. .
The Constitution
DISTRICTASSEMBLIES COMMONFUNDAND GRANTS-IN-AID 252 ( I ) There shall be a fund to be known as the District Assemblies Common Fund.
(2) Subject to the provisions ofthis Constitution, Parliament shall annually make provision for the allocation ofnot less than five per cent ofthe total revenues ofGhanatothe 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 Dlst:n.ct ssembhes the Comm n Fund shall be distributed among all the District Assembhes on the basiS ofa formula approved by Parliament.
(4) There shall be appointed by the President with the approval of. Parliament a District Assemblies Common Fund Admmlstrator.
(5) Pariiament shall by law prescribe the fu ctions and tenure of. office ofthe Administrator in such a manner as will ensure the effective and equitable administration ofthe District Assemblies Common F .
(6) Nothing in this Chapter or any other law s a11 e taken to P Ohl lt the State or other bodies from making grants-m-ald to any Dlstnct Assembly.
A UDIT 253.The Auditor-General shall audit the accounts f the Istnct Assemblies annuallyandshall submithisreports on the audit to Parliament.
FURTHER DECENTRALIZA TION 254. Parliament shall enact laws and take steps necessary for further. decentralization of the administrative functions and projects f e Central Government but shall not exercise any control over the Dlstnct Assemblies that is incompatible with their decentralized status, or otherwise contrary to law.
REGIONAL CO-ORDINATING COUNCILS .
255. ( I ) There shall be established a Regional Co-ordinating Council in each region, which shall consist of- . .
(a) the Regional Minister and hiS depu or deputl s,. (b) the Presiding Member and the Dlstnct Chief
1 4 1
The Constitution
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 ofa Regional Co-ordinating
Council shall be as prescribed by Act ofParliament.
REGIONAL MINISTERSAND DEPUTYREGIONAL MINISTERS 256. ( I ) 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 ofParliament, appoint for the region a Deputy Minister or Deputy Ministers to perform such functions as the President may determine.
142
258. ( I ) There shall be established a Lands Commission which shall,
in co-ordination with the relevant public agencies and governmental
bodies, perform the following functions -
The ConstitutionCHAPTER TWENTY-ONE
(a) on behalf of the Government, manage public landsLANDS AND NATURAL RESOURCES and any lands vested in the President by this Constitution or by any other law or any lands vestedPUBLIC LANDS in the Commission;PUBLIC LANDSAND OTHER PUBLIC PROPERTY (b) advise the Government, local authorities and traditional257.(1 ) All public lands in Ghana shall be vested in the President on authorities on the policy framework for the developmentbehalfof, and in trust for, the people ofGhana. of art!c 1ar are ofGhana to ensure that development(2) For the purposes of this article, and subject to clause (3) of of tndlVldual pieces of land is co-ordinated with thethis article, "public lands" includes any land which, immediately before relevant development plan for the area concerned'the coming into force ofthis Constitution, was vested in the Government
(c) formulate andsubmitto Government recornmendationofGhana on behalfof, and in trust for, the people ofGhana for the public on national policy with respect to land use andservice ofGhana, and any other land acquired in the public interest, for capability;the purposes ofthe Government of Ghana before, on or after that date.
(d) advise on, and assist iu the execution of a(3) For the avoidance of doubt, it is hereby declared that all lands comprehensive program for the registration oftitl; toin the Northern, Upper East and Upper West regions of Ghana which land throughout Ghana;immediately before the coming into force of this Constitution were
(e) perform such other functions as the Minister responsiblevested in the Government of Ghana are not public lands within the for lands and natural resources may assign to themeaning ofclause ( 1 ) and (2) ofthis article, Commission.(4) Subject to the provisions of this Constitution, all lands
(2) The Minister responsible for lands and natural resources may,referred to in clause (3) ofthis article shall vest in any person who was . With the approval o the President, give general directions in writing tothe owner of the land before the vesting, or in the appropriate skin . the Lands CommissIOn on matters of policy in respect ofthe functionswithout further assurance than this clause. ofthe Cornmission andthe Commission shall complywith the directions.(5) Clauses (3) and (4) ofthis article shall be without prejudice to
the vesting by the Government in itselfof any land which is required MEMBERSHIP OF COMMISSIONin the public interest for public purposes. 259. The Lands Commission shall consist of the following persons(6) Every mineral in its natural state in, under or upon any land in . appotnted by the President under article 70 of this Constitution _Ghana, rivers, streams, water course throughout Ghana, the exclusive
(a) a chairman, who is neither a Minister of State nor aeconomic zone andany areacoveredby the territorial sea or continental Deputy Minister;shelfis the property ofthe Republic ofGhana and shall be vested in the
(b) one representative each of the following bodiesPresident on behalf of, and in trust for the people of Ghana. nominated in each case by the body concerned _ (i) the National House ofChiefs;
LANDS COMMISSION (ii) the Ghana Bar Association; (!ii) The Ghana Inst itution of Surveyors;
. (IV) each RegIOnal Lands Commission; (v) theDepartment responsible fortown and country
planning;
144143
REGIONAL LANDS COMMISSION
260 ( I ) The Lands Commission shall have a branch In each regIOn to
be known as a Regional Lands Commission for. t pe formance ofthe functions specified in article 258 ofthis ConstitutIOn
In respect of the
region. . . h II be (2) The activities of all the R gi.
onal Lands ommlSSlOns s a
co-ordinated by the Lands CommIssIOn.
MEMBERSHIP OFREGIONAL LANDS COMMI S ION
261 . A Regional Lands Commission shall. consIst of the folloWIng
persons appointed by the Minister responsIble for la nds and natural
(a) a chairman who is neither a Minister of State nor a
Deputy Minister; . . . (b) a representative each ofthe folloWIng bodIes In ea
ch
case nominated by the body concemed-
(i) the Regional House ofChi fs: (ii) each District Assembly wIthIn the regIOn, and
(iii) the Department responsible for town and country
(c) anominee ofthe Ghana Bar Association practisIng In
(d) a nominee of the Ghana Institution of Survey ors
practising in the regio?; . (e) the National AssociatIOn of Farmers and FIsherm
en,
The Constitution
(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.
The Constitution
REGIONAL LANDS OFFICER 262. ( I ) Each Regional Lands Commission shall have a Regional Lands Officer.
(2) The Regional Lands Officer shall be a Member ofand Secretary to the Regional Lands Commission.
QUALIFICA TIONS OF MEMBERS 263. A person shall not be qualified for appointlnent as a member ofthe 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.
C TENURE OF OFFICE OF MEMBERS OF COMMISSION 264. ( I ) The Chairman and members of the Lands Commission, and also, the Chairman and members of the 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 ofthe Chairman ormember ofthe Lands Commission or ofa Regional Lands Commission other than the Executive Secretaryresources and the Regional Lands Officer shall become vacant if
(a) he ceases to hold office under clause ( I ) ofthis article; (b) any circumstance arises that would cause him to be
disqualified for appointment under article 263 ofthis Constitution;
(c) he is removed from office by the President or, in the case ofa member ofa Regional Lands Commission, by the Minister responsible for lands and natural resources for inability to perform the functions ofhis office or for stated misbehaviour.
INDEPENDENCE OF LANDS COMMISSION 265. Except as otherwise provided in this Constitution or in any other
..
.
. .
planning; .. .
the region;
.
and lawwhich is not inconsistent with this Constitution, theLands Commission
.
(f) the Regional Lands Officer. shall not be subject to the direction or control ofany person or authority, in the performance of its functions.
146 145
-
The Constitution
OWNERSHIP OF LAND BYNON-CITIZENS 266. ( I ) No interest in, or right over, any land in Ghana shall be created which vests in a person who is not a citizen ofGhana a freehold interest in any land in Ghana.
(2) An agreement, deed or conveyance of whatever nature, which seeks, contrary to clause ( I ) of this article, to confer on a person who is not a citizen ofGhana any freehold interest in, or right over, any land is void.
(3) Where, on the twenty-second day of august 1 969, any person not being a citizen ofGhana 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 aperiod offifty years at a peppercorn rent commencing from the twenty-second day of August 1 969, and the freehold reversionary interest in any such land shall vest in the President on behalfof, and in trust for, the people ofGhana.
(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 ofmore than fifty years at any one time.
(5) Where on the twenty-second day ofaugust 1 969 any personnot being a citizen ofGhana 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 ofaugust 1 969.
STOOL AND SKIN LANDS AND PROPERTY
STOOL AND SKIN LANDSAND PROPERTY 267. ( I ) All stool lands in Ghana shall vest in the appropriate stool on behalfof, 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 ofa 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;
147
The Constitution
(b) the collection ofall 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) ofthis article.
(3) There shall be no disposition or development ofany stool land unless the Regional Lands Commission ofthe 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 ofthis 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 ofthe revenue accruing from stool lands shall be paid to the office of the Administrator of Stool Lands to cover administrative expenses; andthe 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 stooI in keeping with its status;
(b) twenty per cent to the traditional authority; and (c) fifty-five per cent to the District Assembly, within the
area ofauthority ofwhich the stool lands are situated. (7) The Administrator of Stool Lands and the Regional Lands
Commission shall consultwiththe stoolsand 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.
148
The Constitution
(9) Parliament may provide for the establishment of Regional branches ofthe office ofthe Administrator of Stool Lands to perform, subject to the directions ofthe Administrator ofStool Lands, the functions ofthe Administrator in the region concerned.
PROTECTING NATURAL RESOURCES
PARLIAMENTARY RATIFICA TION OF AGREEMENTS RELA TING TO NATURAL RESOURCES 268. ( I) Any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person including the Government ofGhana, to any other person or body ofpersons 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 ofnot less than two-third of all the members of Parliament, exempt from the provisions ofclause ( I ) ofthis article any particular class oftransactions, contract or undertakings.
NATURAL RESOURCES COMMISSIONS 269. (1) Subject to the provisions of this Constitution, Parliament shall, by or under an Act ofParliament, provide for the establishment, within six months after Parliament first meets after the coming into force of this Constitution, ofa Minerals Commission, a Forestry Commission, Fisheries Commission and such other Commissions as Parliament may determine, which shall be responsible for the regulation and management ofthe utilization ofthe natural resources concerned and the co-ordination ofthe policies in relation to them.
(2) Notwithstanding article 268 of this Constitution, Parliament may, uponthe recommendation ofany ofthe Commissions established by virtue of clause ( I ) of this article, and upon such conditions as Parliament may prescribe, authorise any other agency ofgovernment to approve the grant of rights, concessions or contracts in respect of the exploitation ofany mineral, water or other natural resources of Ghana.
149
CHAPTER TWENTY-TWO
CHIEFTAINCY
INSTITUTION OF CHIEFTAINCY 270. ( 1 ) The institution of chieftaincy, together with its traditional councils as established by customary law andusage, is hereby guaranteed.
(2) Parliament shall have no power to enact any law which (a) confers on any person or authority the ri t 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 ofthe institution of chieftaincy.
(3) Nothing in or done under the authority ofany law shall be held. to be inconsistent with, or in contravention of, clause ( I ) or (2) ofthis article ifthe 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 ofany ofthem, of the validity of the nomination, election, selection, installation or deposition of a person as a chief.
(b) a traditional council or Regional House of Chiefs or the National House ofChiefs to establish and operate a procedure for the registration ofchiefs and the public notification in the Gazette or otherwise of the status ofpersons as chiefs in Ghana.
NATIONAL HOUSE OF CHIEFS 27 1 . (1) There shall be a National House ofChiefs.
(2) The House of Chiefs ofeach region shall elect as member of .
the National House of Chiefs five paramount chiefs from the regIOn. (3) Where in a region there are fewer than five paramo t iefs,
the House of Chiefs ofthe region shall elect such number of diVISional chiefs as shall make up the required representation of chiefs for the region.
1 50
The Constitution
FUNCTIONS OF THE NATIONAL HOUSE OF CHIEFS 272. The National House 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 ofcustomary 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 usage 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.
JURISDICTION OF THE NATIONAL HOUSE OF CHIEFS 273. ( 1 ) The National House of Chiefs shall have appellate jl!!isdiction in any case 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, withthe leave of the National House of Chiefs, or the Supreme Court.
(2) The appellate jurisdiction ofthe National House ofChiefs shall be exercised by a Judicial Committee ofthe National House ofChiefs 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 ofthe Attorney General.
(4) A member of a Judicial Committee of the National House of Chiefs shall be removed from officeon the ground ofproven misbehaviour or of infirmity ofmind or body by the votes ofnot less than two-thirds ofall the members ofthe National House of Chiefs.
1 5 1
The Constitution
(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 ofChiefs; 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 ofChiefs.
(6) An appeal shall lie as ofright in respect ofany cause or matter dealt with by a Judicial Committee of the National House of Chiefs under clause (5) ofthis article to the Supreme Court.
REGIONAL HOUSE OF CHIEFS 274.(1) There shall be established in and for each region of Ghana a Regional House ofChiefs.
(2) A Regional House of Chiefs shall consist of such members as Parliament may, by law, determine.
(3) A Regional House ofChiefs shall (a) perform such functions as may be conferred upon it
by or under an Act ofParliament (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) hearand determine appeals fromthe traditional councils withinthe region in respect ofthe 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 ofa 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;
1 52
c?mpilati :m applIcable
The Constitution
(f) '-!ndertake the ofthe customary laws and Imes of successIOn to each stool or skin in the region.
(4) The original and appellat Jurisdicti ns ofa Regional House of. . Chlef shall be e erclsed by a JudIcIal CommIttee ofthe Regional House. ofChIefs conslstmg ofthree 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 ofno less than five years' standing appointed by. the RegIOnal House ofChIefs on the recommendation ofthe Attorney General.
(6) A member of a Judicial Committee of a Regional House of. ChIefs may be removed from office on the ground ofproven misbehaviour or infirmity of mind or body by the votes ofnot less than two-thirds of all the members ofthe Regional House ofChiefs.
DISQUALIFICATION OF CONVICTED PERSONS275. :\ person shall not be qualified as a chief ifhe has been convicted for hl h treason, treason, high cri e or for an offence involving the securIty of the State, fraud, dIshonesty or moral turpitude.
CHIEFS NOT TO TAKE PART IN A CTI VE PARTY POLITICS 2 6. f I ) A chiefshall not t e part in active party politics; and any chief wlshmg to do so and seekmg election to Parliament shall abdicate his stooI or skin.(2) Notwith tanding clal!se ( I ) oft is article and paragraph (c) of. . clause (3) of artlcle 94 of thIs ConStItutIOn, a chIefmay be appointed. to any publIc office for which he is otherwise qualified.
DEFINITION OF CHIEF277. In this Chapte unless the context otherwise requires, "chief' means. a p rson, wh?, haIlmg from the appropriate family and lineage, has been valIdly nommated, elected or selected and enstooled enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage.
1 53
CHAPTER TWENTY-THREE
COMMISSIONS OF INQUIRY
APPOINTMENT OF COMMISSION OF INQUIRY278. ( I ) Subject to article 5 ofthis Constitution, the President shall, by constitutional instrument, appoint a commission of inquiry into any matter ofpublic interest where
(a) the President is satisfiedthat 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 resolution requests that a commission of inquiry be appointed to inquire into any matter, specified in the resolution as being a matter ofpublic importance.(2) A commission appointed under clause (I) of this article may
consist of a sole commissioner or two or more persons one of whom shall be appointed the chairman ofthe 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
SuperiorCourt ofJudicature; or (c) a person who has held office as a Justice ofthe Superior
Court of Judicature; or (d) a person who possesses special qualifications or
knowledge in respect ofthe matter being investigated. (4) Subject to clause (3) of this article, where a commission of
inquiry appointed under clause ( I ) of this article consists ofmore than two commissioners, other than the chairman, at least one ofthem shall be a person who possesses special qualifications or knowledge in respect ofthe matter being investigated.
1 54
The Constitution
POWERS OF COMMISSION OF INQUIRY 279. ( I ) A commission of inquiry shall have the powers, rights and privileges ofthe High Court or a Justice ofthe High Court at a trial, in respect of
(a) enforcing the attendance ofwitnesses 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 ofinquiry
shall not be liable to any action or suit in respect ofany matter or thing done by him in the performance ofhis functions as a commissioner or member.
FUNCTIONS OF COMMISSION OFINQUIRY 280. ( 1 ) A commission ofinquiry 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 ofinquiry makes an adverse finding against
any person, the report ofthe commission ofinquiry shall, for the purposes ofthis Constitution, be deemed to be the judgment ofthe High Court; and accordingly, an appeal shall lie as ofright from the finding ofthe commission to the Court ofAppeal.
(3) The President shall, subject to clause (4) ofthis 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 ofthe submission of the report by the commission.
(4) Wherethe report ofa commission ofinquiry 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 ofa commission ofinquiry 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
ISS
The Constitution
(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) ofthis article on a person against whom a finding has been made, shall be exercisable within three months afterthe occurrence ofeither ofthe 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.
INQUIRY PROCEDURE 28 1 .( 1 ) Except as may be otherwise ordered by the commission in the interest ofpublic morality, public safety or public order, the proceedings ofa 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.
ASSISTANCE BY LA WYER OR OTHER EXPERT 282. ( I ) 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 ( I ) of this article may also be assisted by such other expert as may be reasonably necessary for the purpose ofprotecting his interests at the inquiry.
IMMUNITIES AND PRIVILEGES OF WITNESSES 283. A witness before a commission of inquiry is entitled to the same immunities and privileges as ifhe were a witness before the High Court.
1 56
. ofJu hcature,
reasonable source shall be deemed to have been acquired in contravention
of this Constitution. . . I (5) The public offices to which the provisions
ofthIS artIcle app y
(a) the President ofthe Republic; . (b) the Vice-President ofthe Repub\tc;
(c) the Speaker, the Deputy Speaker and a member of
(d) Minister ofState ofDeputy Minis er;
(e) Chief Justice, Justice of the Supenor Cou rt
Chairman of a Regional Tribunal, the Comm l slOner or
Human Rights and Administrative Justice and hIS Deputles
and all judicial officers;
(j) Ambassador or High Commissioner;
(g) Secretary ofthe Cabinet; . (h) Head ofMinistry or government departme
nt or eqUivalent
office in the Civil Service;
(g) chairman, managing director, genera l manager a d
departmental head of a public corpor tion .or company In
which the State has a controlhng m terest; an.d
OJ such officers in the public service nd any other pub\tc
institution as Parliament may prescnbe. . .
(6) The Auditor-General shall make a writt en declarat!on of hIS
assets and liabilities to the President in the manner and sU.bJect t? t
he
conditions provided in claus ( I ) .to ( 3 ) of th IS art c le .
(7) Before entering upon dutles o hls ffi ce, a person appOinted
to an office to which the prOVISIOns of thIS ar tIcle apply, shall t ke and
subscribe the oath ofallegiance, the oath of se crecy and the offiCial oath
set out in the Second Schedule to this Const itution, or any other oath
COMPLAINTS OF CONTRA VENTION
287.(1 ) An allegation that a public officer h as contravened or has not
complied with a provision of this Chapt r s all be .made t? th
e
Commissioner for Human Rights and dmln lstratlve !Il:stlce.and, In .the
case ofthe Commissioner ofHuman RIghts a nd AdmInistratIve JustIce,
to the Chief Justice who shall, unless the p erson concerned makes a
The ConstitutionCHAPTER TWENTY-FOUR
CODE OF CONDUCT FOR PUBLIC OFFICERS
CONFLICTOFINTEREST 284. A public officer shall not put himselfin a position where his personal -are those of interest conflicts or is likely to conflict with the performance of the functions ofhis office.
Parliament;OTHER PUBLICAPPOINTMENTS 285. No person shall be appointed or act as the Chairman ofthe governing body of a public corporation or authority while he holds a position in the service ofthat corporation or authority.
DECLARATION OFASSETSAND LIABILITIES 286. ( I ) 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 ofthis Constitution or before taking office, as the case may be;
(b) at the end ofevery four years; and (c) at the end of his term ofoffice.
(2) Failure to declare or knowingly making false declaration shall be a contravention ofthis Constitutionandshallbe dealt with in accordance with article 287 ofthis Constitution.
(3) The declaration made under clause ( I ) of this article shall, on demand, be produced in evidence
(a) before a court of competent jurisdiction; or (b) before a commission ofinquiry appointed under article
278 ofthis Constitution; or appropriate to his office. (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 ( I ) ofthis article and which is not reasonably attributable to income, gift, loan, inheritance or any other
1 57 1 58
The Constitution
written admission of the contravention or non-compliance, cause the matter to be investigated. .. . .
(2) The Commissioner for Human Rights and Admmlstratlye Justice or the Chief Justice as the case may be, may take such actIOn as he considers appropriate in respect ofthe results ofthe investigation or the admission.
INTERPRETATION 288. 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
AMENDMENTOF CONSllTUTION 289. ( I ) Subject to the provisions ofthis Constitution, Parliament may, by an Act of Parliament, amend any provision of this Constitution.
(2) This Constitution shall not be amended by an Act ofParuament or altered whether directly or indirectly unless -
(a) the solepurpose ofthe Act is to amend this Constitution; and
(b) the Acthas been passed in accordance withthis Chapter.
AMENDMENTOFENTRENCHED PROVISIONS 290. ( I ) This article applies to the amendment of the followingprovisioms of this Constitution, which are, in this Constitution referred to as "entrenched provisions" -
(a) The Constitution: articles I, 2 and 3; (b) The Territories of Ghana: articles 4 and 5 ; (c) The Laws o fGhana: article I I ; (d) Fundamental Human Rights and Freedoms: Chapter
5· (e) Representation ofthe People: articles 42, 43, 46, 49,
55 and 56; (f) The Executive: chapter 8; (g) The Legislature: articles 93 and 1 06; (h) The Judiciary: articles 1 25, 1 27, 129, 145 and 146; (i) Freedom and Independence ofthe Media: article 162,
clauses (1) to (5); (j) Finance: articles 174 and 1 87; (k) Police Service: article 200; (/) The Armed Forces of Ghana: article 2 1 0; (m) Commission on Human Rights and Administrative
Justice: articles 2 1 6 and 225; (n) National Commission for Civic Education: article 231 ;
159 1 60
The Constitution
(0) 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 forthe amendment ofan 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 bil l w ithin 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 proceededwithfurtherunless it has been submitted to a referendum held throughout Ghana and at least forty per cent ofpersons entitled to vote, voted at the referendum and at least seventy-five per cent of the persons who voted cast their votes in favour ofthe passing of the bill.
(5) Where the bill is approved at the referendum Parliament shall pass it.
(6) Where a bill for the amendment ofan entrenched provision has been passed by Parliament in accordance with this article, the President shall assent to it.
AMENDMENTOFNON-ENTRENCHED PROVISIONS 291 . ( I ) A bill to amend a provision ofthis 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, afterthe firstreading ofthe bill in Parliament; refer it to the Council of State for consideration and advice and the Council ofState shall render advice on the bill within thirty days after receiving it.
16 1
The Constitution
(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 reading of it in Parliament by the votes of at least two-thirds of all the members ofParliament.
(4) Where the bill has been passed in accordance with this article' the President shall assent to it.
CERTIFICA TE OF COMPLIANCE WITH CONSTITUTION 92. A bill forthe am ndmen of!his 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 ofa 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 ofthe Commission thatthebillwas approvedat a referendum in accordanc with this Chapter.
1 62
294. (I) For the purposes ofenforcing any provision ofthis Constitution, a pe son is e titled tt? le al !lid in connection with any proceedings relatillg. to thiS ConStl utlOn If he. has reasonable grounds for taking,defen dlllg, prosecutlllg or bemg a party to the proceedings.
(2) Subject to clause ( I ) ofthis article, Parliament shall, by or under an act ofParliament, 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
CHAPTER TWENTY-SIX
MISCELLANEOUS
CLAIMS AGAINST GOVERNMENT 293. ( I ) Where a person has a claim against the Government, that claim may be enforced as ofright by proceedings taken against the Government for that purpose without the grant of a fiat or the use of the process known as petition ofright.
(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 ofbeing their employer; and
(c) in respect of a breach ofthe 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) ofclause (2) ofthis article in respect ofan act or omission of an employee or agent ofthe 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 ifthe Government were a private person of full age and capacity.
(5) Where functions are conferred or imposed on an officer ofthe Government as such officer either by a rule of the common law or by statute and that officer commits tort while performing or purporting to perform those functions, the liabilities ofthe 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.
The Constitution
(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 ofthis article, the law relating to indemnity and contributions 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 ofthe liability to which that person is subject; or
(b) by the Government against any person other than an employee ofthe Government, in respect ofthe liability to which it is so subject,
as ifthe Government where a private person of full age and capacity.
LEGAL AID
1 63 164
fr m ParlulIt;tent
public
"high , cri';lle" means high crime within the meaning of article 2 oftbia
ConstitutIOn; "high treason" means high treason within the meaning of article 3 of "judgment" includes a decision, an order or decree of the court' "meeting" includes a period during which Partiament is meeting continually within a session; "Minister" means a Minister appointed under article 78 or 256 ofthis Constitution;
"oath ofallegiance" means the oath ofallegiance 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 "publi
, c corporation" means a,corporation or any other body of personsestablished by an Act ofParhament 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 ofthe whole ofthe'people of Ghana; "public office" includes an office the emoluments attached to whicb are paid
, directly the Consolidated Fund or directly out of moneys
pro,vlded by and an office in a public corporation established entirely out of funds or moneys provided by Parliament' public service" includes service in any civil office of Governm'eI'lll, the emolume?ts 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 ofthis Constitution; "Service Chiefs" includes Army ChiefofStaff. ChiefofNaval StaffanQ "session" means a series ofmeetings ofParliament within a period of twelve months;
The Constitution The Constitution
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 this Constitution;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,
INTERPRETATION 295, ( I ) 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 ofthis Constitution; "Chief' has the meaning assignedto it in article 277 ofthis Constitution; "Civil Service" includes service in both central and local govermnents; "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 ofcompetentjurisdiction 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, 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 of a constitutional or of a statutory instrument; "entrenched provision" has the meaningassigned to it in article 290 of this Constitution; "functions" includes powers and duties; "govermnent" means any authority by which the executive authority of Ghana is duly exercised;
"oath" includes an affirmation;
usage;
, Chief ofAir Staff;
165 166
(6) A provision in this Constitution that ,,:ests in a person or auf:hority power to remove a public officer from hiS o fice, shal be Without
prejudice to the power of any person or authoflty to abohsh an office
or to a law for compulsory retirement ofpublic officers generally or any class of public officers on attainin the ag s eci ed in the law.
(7) Where power is vested by t IS ConstltutlOn m any , Person or
authority to appoint a person to act In or perform the functlons 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 ofthis Constitution o.r ofany oth r la';¥ tothe effec
t
that a person or authority shall not be subject to the directIOn or co trol
of any other person or authority in the performance of any func l?ns
under this Constitution or that law, shall preclude a court from exerclsl g
jurisdiction in relation to any questionwhether t?at p rson or .aut oflty has performed those functions in accordance With thiS ConstltutlOn or
(9) In this Constitution references to the alteratio? of an of the
provisions of this Constitution or of an Act of Parh ment Include
references to the amendment, modification, re-enactmentWith amendment
or modification, the suspension or repeal ofthat provision and the making
ofa different provision in place ofthat provision.
EXERCISE OF DISCRETIONARYPOWER
296. 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 b resentment, prejudice orpersonal dislike and shall be m 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
The Constitution The Constitution
"s!tting" in,:ludes a period during which Parliament is sitting continuously Without adjournment and a period during which it is in committee; :'s tutory instrument" means an instrument made, whether directly or mdrrectly, under a power conferred by an Act ofParliament or a Decree or a Law; "stool" includes a skin, and the person or body ofpersons 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 ofa particular community or the captain of a company, for the benefit of the subjects of that Stool or members ofthat community or company; and "treason" means treason as defined in article 1 9 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, unlessthe context otherwise requires, be construed as including a reference to a person for the time being lawfully acting in or performing the functions ofthat 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 ofthe Superior Court ofJudicature or the Auditor-General to
the law.
. 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, otherthan a commission established by this Constitution, vest in the President acting in accordance with the advice ofthe appropriate authority.
(5) For the purposes ofthis Constitution andany other law, a person shall not be considered as holding a public office by reason only ofthe factthat he is inreceipt ofa pension or other similar allowance in respect ofservice under the Government of Ghana.
168167
The Constitution
or that other law to govern the exercise of the discretionary power.
IMPLIED POWER, ETC 297, 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 confinn 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 perfonned, 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 alsogivenas are necessary to enable that person or authority to do or enforce the doing ofthe act ofthing;
(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;
(j) 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 ofState to do an a t or a thing, or othe ise applying to him by
. .the deSignatIOn of his office, mclude a person acting for him, or ifthe office is vacant, a person designated to act in that office by or under the authority ofan Act ofParliament and also his successors in office and all his deputies or other assistants;
169
The Constitution
(j) where a power is conferred or a duty is imposed on the holder of an office as such, the power may be exercised andthe duty shall be perfonned bytheperson for the time being charged with the perfonnance of the functions ofthat office.
RESIDUAL POWERS OF PARLIAMENT 298. Subject to the provisions of Chapter 25 ofthis 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 ofParliament, not being inconsistent with any provision of this Constitution, provide for that matter to be dealt with.
TRANSITIONAL PROVISIONS 299. The transitional provisions specified in the First Schedule to this Constitution shall have effect notwithstanding anything to the contrary in this Constitution.
1 70
FIRST SCHEDULE
TRANSITIONAL PROVISIONS
PART ! - FIRST PRESIDENT
FIRSTPRESIDENT I . ( I ) Notwithstanding anything in this Constitution, the person duly elected President of Ghana under the law in force immediately before the coming into force ofthis Constitution shall be takento have been duly elected for the purposes of this Constitution.
(2) The President referred to in subsection (I) ofthis section shall assume office as President on the date ofthe coming into force ofthis Constitution notwithstanding anything in this Constitution.
PART II - FIRST PARLIAMENT
FIRSTPARLIAMENT 2. ( 1 ) Notwithstanding anything in this Constitution, the persons duly elected asmembers ofParliamentunderthe law in force immediately before the coming into force ofthis 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 ConstiMion, act as Clerk to Parliament until a Clerk is appointed under article 124 ofthis Constitution.
(3) The person who was Clerk of the Consultative Assembly established under the Consultative Assembly Law, 1 99 1 (P.N.D.C.L 253) or other person designated under subsection (2) of this section shall, nor later than seven days after the coming into force of this Constitution, summon a meeting ofParliament for the election ofthe Speaker, the taking ofoaths by members ofParliament, 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 ofdoubt, any notice given before the coming into force of this Constitution summoning Parliament to meet for the
171
The Constitution
purposes ofsubsection (3) of this section, shall be deemed to be a valid notice for all purposes. . . .
(5) The Standing Orders ofthe ParlIament under the Cons ltutlOn of the Republic of Ghana, 1 979 shall apply to the proceedmgs of Parliament until Parliament otherwise determines under article 1 10 of this Constitution.
PART III - THE JUDICIARY
FUNCTIONS OF SUPERIOR COURTS OFJUDICA TURE 3. ( I ) The Supreme Court, the Cour of Appeal and e High Court. . . in existence immediately before the commg mto force ofthIS ConstItutIon shall be deemed to have been established under this Constitution and shall perform the functions ofthe Supre e Co , the Court ofAppe 1 and the High Court specified respectIvely m Chapter I I of thIS Constitution.
(2) All proceedings pending before any Court referred to in subsection ( I ) ofthis section immediate y before the comi g into force ofthis Constitution may be proceeded WIth and completed m that Court notwithstanding anything in this Constitution.
CONTINUANCE OFAPPOINTMENTS OFJUSTICES OF THE SUPERIOR COURTS 4. ( 1 ) A Justice ofthe Supreme: Court, the Court fAppeal or the High Court holding office immedIately before the c.ommg nto force of this Constitution, shall continue to hold office as If appomted to that office under this Constitution.
(2) Any person to whom this section applies shall, on the co ing into force ofthis Constitution, take and subscribe the oath ofallegIance and the judicial oath set out in the Second Schedule to this Constitution.
CONTINUANCEINEXISTENCE OF P UBLIC TRIBUNALS BOARDFOR SIXMONTHS. 5. The Public Tribunals Board shall cease to exist within six months after the coming into force ofthis Constitution and its functions, assets and liabilities are transferred to the Judicial Council.
1 72
The Constitution
PARLIAMENT TO PRESCRIBE JURISDICTION OF REGIONAL TRIBUNALSAND ESTABLISHLOWER COURTS AND TRIBUNALS. 6. Parliament shall, within six months after the coming into force of this Constitution
(a) prescribe by law thejurisdiction ofRegional Tribunals for the purposes of article 143 of this Constitution; and
(b) establish lower courts or tribunals for the purposes of article 126 ofthis Constitution.
EXISTING PUBLIC TRIBUNALSAND OTHER COURTS 7. ( I ) All cases partly heard befo e y of the following Pu lic. .Tribunals immediately before the commg mto force ofthIS 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 ofthis Constitution may be continued and completed before that Court.
(3) The National Public Tribunal shall c ase to e ist upon t e completion ofthe partly heard cases referred to In su sectIOn ( I ) ofth s.section, or within six months after the commg mto 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 ChiefJustice may direct.
(5) Any person employed with any Public Tribunal immediately before the coming into force ofthis 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.
1 73
The Constitution
PART IV - MISCELLANEOUS
EXISTING OFFICES. 8. ( I ) A person who immediately before the coming into force ofthis 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 ofthis Constitution, to hold or act in the equivalent office underthis 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 ofservice shall, notwithstanding the provisions of subsection ( I ) 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 ofthis Constitution, upon any person or authority to make provision for the abolition of office, for the removal from office ofpersons holding or acting in any office and for requiring those persons to retire from office.
(4) In determining, for the purposes ofany 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 ( I ) and (2) ofthis section apply, service as a public officer under the Government which terminates immediately before the coming into force ofthis 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, ifany, 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 ofservice 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.
1 74
The Constitution
(7) The terms and conditions of service of a person to whom subsection ( l ) of this section applies shall not be less favourable than those applicable to him immediately before the coming into force ofthis Constitution.
CERTAINAPPOINTMENTS TO BE MADE WITHIN SIXMONTHS AFTER PRESIDENTASSUMES OFFICE 9. The first appointments to the following offices shall be made within six months after the assumption of office of the President -
(a) the Commi ssioner for Human Rights and Admini strative Justice and his Deputies;
(b) the District Assemblies Common Fund Administrator; (c) the Chairman, the Deputy Chairmen and Member 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.
PUBLIC CORPORATIONS 10. Until Parliament enacts an Act of Parliament in accordance with article 192 of this Constitution for the establishment or operation of a public corporation, apublic corporation in existence immediately before the coming into force ofthis Constitution shall continue its operations under the enactmentunder which it was established.
OFFICE OF OMBUDSMAN 11. The office ofthe Ombudsman in existence immediately before the coming into office ofthis Constitution shall, until the President appoints the Commissioner for Human Rights and Administrative Justice and his Deputies, and provision is otherwise made, continue as ifits forms part ofthe office ofthe Commission for Human Rights and Administrative Justice.
175
The Constitution
CASESPENDING BEFORE ORC, NIC AND SHAPIC 12. Notwithstanding anything in this Constitution to the contrary, all cases pending before the Office ofRevenue Commissioners established under the Revenue Commissioners Law, 1 984 (P.N.D.C.L 80), the National Investigations Committee established under the National Investigations Committee Law, 1982 (P.N.D.C.L 2) andthe State Houses (Allocation Policy and Implementation) Commission established under the State Houses (Allocation Policy and Implementation) Commission Law, 1 984 (P.N.D.C.L 83) in existence immediately before the coming into force ofthis 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.
AGE FOR SOCIAL SECURITYPENSION 13. Notwithstanding article 199 of this Constitution, a person is not entitled to receive pension under the Social Security Scheme underthe Social Security Law, 1991 (P.N.D.C.L.247) before attaining the age of fifty five years unless Parliament by law otherwise determines.
EXISTING COMMISSIONS AND COMMITTEES OF INQUIRY 14. ( I ) Notwithstanding anything in this Constitution to the contrary any commission or committee 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 ofinquiry established before the coming into force ofthis Constitution under any enactment shall have the same effect as the report or findings of a commission of inquiry established under this Constitution.
PENDING MA TTERS IS . Where any matter or thing has been commenced before the coming into force ofthis Constitution by a person or authority that has power for the purpose under the existing law, thatmatteror 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.
176
ENACTMENTS NOT YETINFORCE
2 1 . Where immediately before the coming into force ofthis Constitution any existing enactment had not been broug?t i to force or was to come into force on a date subsequent to such commg mto 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.
REGISTER OF VOTERS AND ELECTORAL COMM ISSION
22. ( 1) The register of voters for p bli elections an refere da. in existence immediately before the commg mt fo ce ofthiS ConstJtu IO!l 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 Na ion.al Electoral Commission in existence immediately before the commg mto force of this Constitution shall, onthe coming into force ofthis Constituti n d until the President appoints the members. ofthe Elect ral CommiSSIOn under section 9 of this Schedule, exercise the functIOns and powers provided for the Electoral Commission in this Constitution.
DISTRICTASSEMBliES, ETC. CONTINUED
IN EXISTENCE SUBJECT TO CONSTITUTION
23. (1) Until Parliament otherwise provides by law, existing I s regulatingthe operation ofDi trict As mblies andotherlocal authontles shall continue to regulate their ?peratlOns. . .
(2) Until Parliame,nt est bhshes the IStrICt sse.mbhes Common Fund in accordance With article 252 ofthis Constitution, all taxes.and other moneys collected exclusively for district assemblies shall contmue to be collected exclusively for district assemblies under the enactments under which they were collected.
HOUSES OF CHIEFS, ETC.
24. The National House ofChiefs, and the Regional Houses of C ie s, the traditional councils and all Judicial Committees of ose bO le m existence immediately before the coming i to orce of!hIS <;onst.ltutlOn shall, on the coming into force ofthis ConstitutIOn, contmue m eXistence subject to this Constitution.
The ConstitutionThe Constitution
OFFICIAL SEALS, ETC 16. The Presidential seal, the Publi seal, the seals ofthe Superior Courts.as well as any prescnbed forms m 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.
PREROGATIVE OFMERCY 1 7. The prerogative ofmercy ofthe President under article 72 of this Constitution may be exercised in respect of any criminal offence ommitted before the c mi.ng into force of this Constitution as it may
III respect of a cnmlllal offence committed thereafter.
CONSOliDATED FUND AND CONTINGENCYFUND TO CONTINUE!8 . ( I ) !he Consolidated Fund and the Contingency Fund in existence Immediately before the coming into force of this Constitution shall until otherwiseprovided by law, continue in existence as the Cons lidated Fund and the Contingency Fund referred to in article 1 75 of this Constitution.
(2) Subj ctto this S;onstitution, every payment required or authorised !o be ma?e mto public fund or out ofa public fund under any enactment m force Immediately before the coming into force of this Constitution shall continue to be made into or out ofthat fund.
ESTIMATESFOR CURRENTFINANCIAL YEAR TO CONTINUE TO HA VE EFFECT 19. N twithstanding any law to the contrary, the financial estimates in opera!lO forthe fmll?cial ye i being a! the coming into force ofthis.Co titution shall, until provIsion IS Otherwise madeby Act ofParliament, contmue and shall have full effect.
PA YMENTAND SA VING OF RIGHTS UNDER FORMER CONSTITUTIONS AND LA WS 20. All compensations, pensions, gratuities and similar allowances granted in accord ce wi h the provision ofany Constitution or any other law forme!ly l!l force m G a and w'.llch were payable immediately before the c?mmg mto force ofthiS 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.
.
1781 77
CONSEQUENTIAL AMENDMENTS TO OATHS DECREE, 1972 (NR. CD. 6) 25. The Oaths Decree, 1972 (N.R.C.D. 6), as amended, shall have effectsubject to the provisions ofthis Constitution.
The Constitution
GENERAL ADAPTATION OFEXISTING ENACTMENTS 26. Except where the context otherwise requires and subject to the other provisions ofthis 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 NationalDefence 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 ofthe Civil Service;
(d) for any reference to a Secretary, being an individual ofministerial 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.
179
The Constitution
CHIEF OF DEFENCE STAFF TO INCLUDE GENERAL OFFICER COMMANDING 27. In this Constitution, any reference to the ChiefofDefence Staff shall be deemed to include any person who holds or held the office ofGeneral Officer Commanding.
REFERENCE TO GOVERNMENTINENACTMENT 28. (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 ofthis constitution, where the reference relates to an executive function ofthe Government, shall be construed as a reference to the President.
REFERENCES TO PROVISIONAL NATIONAL DEFENCE COUNCIL INENACTMENT. 29. ( 1 ) A reference to the Provisional National Defence Council in any enactment in existence immediately before the coming into force ofthis 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 ofthis Constitution, wherethe reference relatesto 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 ofthis Constitution where the reference relates to an executive function ofthe 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 ofthis 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.
1 80
The Constitution
MODIFICA TIONS OF EXISTING LA WS BY THE PRESIDENT 30. 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.
CONTINUA TION OF EFFECT OF MATTERS PRESCRIBED BY EXISTING LA W. 31 . ( 1 ) Whereany 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 ofthis Constitution, have effect with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution as ifmade under this Constitution by Parliament or, as the case may be, by the other authority or person.
(2) For the avoidance ofdoubt, and without prejudice to the general effect of subsection ( I ) of this section, where anything is required or authorised by this Constitution to be prescribed or provided for by or under an Act ofParliament, 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 ofthis Constitution.
SUCCESSION TO PROPERTY 32. ( I ) Subjecttothe provisions ofarticles257 and 258 ofthisConstitution, 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 inrightof, the Government ofGhanaor in the Government ofGhana, shall, on the coming into force ofthis 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 estreat or to be forfeited to the Government ofGhana shall be liable to estreat or to be forfeited to the Government ofGhana under this Constitution.
1 8 1
The Constitution
(3) Where immediately before the coming into force of this Constitution any person held any property or asset in trust -
(a) for the PresidentofGhana under the Constitution that was abrogated on 3 1 st December, 198 1 ; or
(b) for the Provisional National Defence Council or the Government ofGhana;
for the purposes of, or in right of, the Government ofGhana, thatperson shall on the coming into force of this Constitution, hold the property oras et subject to the provisions ofarticle 257 and 258 ofthis Constitution, on the same trust for the Government ofGhana 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 3 1st day ofDecember 198 1 , for an interestwhich extended beyond the 30th day of December, 198 1 and has not been surrendered.
DEVOLUTION OF OTHER RIGHTS AND LIABILITIES 33. Subject to section 32 ofthis Schedule
(a) where under an existing law, a right, prerogative, power,privilege or function is vested inthe Provisional National Defence Council, that right, prerogative, power, privilege or function shall, on the coming into force ofthis 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) anyright, 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.
1 82
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 ofany such act.
(4) The provisions ofsubsection (3) ofthis section shall have effect notwithstanding that any such action as is referred to in that subsectio
n 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
omittingto act, on the instructions or authority oftheProvisionalNation al
Defence Council or the Armed Forces Revolutionary Council o r a
member of the Provisional National Defence Council or the Arm ed
Forces Revolutionary Council and alleged to be in contravention ofan y
law, whether substantive or procedural, in existence before or dur ing
the administration ofthe Provisional National Defence Council or t he
Armed Forces Revolutionary Council.
PRESER VATION OF CONFISCATION
AND PENALTIES IMPOSED BYA.F.R.C. AND P.N.D.C
35. ( I ) Subject to subsection (2) ofthis section, any confiscation ofa ny
property and any other penalties imposed by or under the authority of
the Armed Forces Revolutionary Council and the Provisional Natio nal
Defence Council under any Decree or Law made by the Council, s hall
not be reversed by any authority under this Constitut ion.
(2) Where any property or part of any property of a person was confiscated on the basis ofhis holding a public or political office o
r on any otherbasis,andit is establishedtothe satisfactionoftheCommissione
r forHuman Rights and Administrative Justice that the property or th
at part was acquired before he assumed the public or political office,
or that it was otherwise lawfully acquired, the property or that part sh
all be returned to thatperson.
ABROGA TION OFP.N.DC (ESTABLISHM ENT) PROCLAMATION
36. ( I) Upon the coming into force ofthis Constitution, the Provisional NationalDefence Council (Establishment) Proclamation, 198 1 and
the Provisional National Defence Council (Establishment) Proclamati
on (Supplementary and Consequential Provisions) Law, 1982 (P.N.D.C
.L. 42) shall cease to have effect.
The Constitution
INDEMNITY 34. (I! No me ber of the Provisional National Defence Council Provlslo a! NatIonal DefenceCouncil Secretary, or other appointees of.!h ProvISIonal NatIonal Defence Council shall be held liable either Jomtly or s ,,:erally, f r any act or omission during the administration ofthe ProvIsionalNatIOnal Defence Council
(2) It is no! Iawful for any court or tribu al to entertain any action.or take any declsl?n or make any order orgrant any remedy or relief in. .any proce dmgs mstItuted against the Government ofGhana or any person actmgunder the aut!t0rity ofthe Government ofGhana whether.before or after the co mg mto force ofthis Constitution or against any.person or person actmg m concert or individually to assist or bring aboutthe change m Government which took place on the twenty-fourth day of February 1966, on the thirteenth day of January 1 972 on the r0urth day of June 1979 and on the thirty-first day ofD cemb r 198 1 m respect of any act or omission relating to, or consequent upon
(a) the overthrow ofthe government in power before the.for atlOn of the ational iberation Council, the NatlO al RedemptIOn CouncIl, the Supreme Military CouncIl, e ArmedFo cesRevolutionary Council and.the ProvIsIOnal NatIOnal Defence Council' or
(b) the suspension or abrogation ofthe Constitutio s of 1960, 1969 and 1979; or
(c) the establishment ofNational Liberation Council the Natio al R demption Council, the Supreme Military CouncIl which took office on the ninth day ofOctober 1 975, the Supreme Military Council established on the fift day of July 1 978, the Armed Forces RevolutIOnary Council, or the Provisional National Defence Council; or
(d) the establishment ofthis Constitution.. (3) For t e v�))dan e of doubt, it is declared that no executive,. .leglslatIv ?r Judlclal actlOn taken or purported to have been taken by.the ProvlSlonal Na lOnal Defence Council or the Armed Forces.Revol tIonary CounCil or a member ofthe Provisional National Defence
Cou cll or the Armed F?rces Re,,:olutionary Council or by any person.appomted by the ProVISIOnal NatIOnal Defence Council or the Armed
183
The Constitution
1 84
The Constitution
(2) Notwithstanding the abrogation ofthe Proclamation referred to. subs ction ( 1 ) ofthis section, any enactment or rule of law in force Immediately before the coming into force ofthis Constitution shall in so f r as ,it is not in onsistent ith a provision of this Constituti n, cOntmue I f rce as If enacted, Issued, or made under the authority of.thiS ConstitutIOn. SECTIONS NOT TO BE AMENDED 37. ,Notwithstanding anything in Chapter 25 of this Constitution, ParlIament shall have no power to amendthis section or sections 34 and 35 ofthis Schedule.
SECOND SCHEDULE
FORMS OF OATH
THE OATH OF ALLEGIANCE
I, . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .do (in the nameofthe Almighty God swear) (solemnly affirm) that I will bear true faith d 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 ofthe Republic ofGhana. (So help me God).
To besworn before the President. the ChiefJustice or such otherpersons as the President may designate.
THE PRESIDENTIAL OATH
I, having been. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . elected to the high office ofPresident ofthe Republic ofGhana do (in the name ofthe Almighty God swear) (solemnly affirm) that I will be
1 85
The Constitution
faithful and true to the Republic ofGhana; that I will at all times preserve, protect and defend the Constitution ofthe 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 ofoffice I shall submit myselfto the laws ofthe Republic ofGhana and suffer the penalty for it (So help me God)
To be administered by the ChiefJustice before Parliament.
THE OATH OF THE VICE-PRESIDENT
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . having been elected tothe office ofVice-President ofthe Republic ofGhana, do (in the name ofthe 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 myselfto the service and well-being of the people of the Republic of Ghana and to do right to all marmer ofpersons.
I further (solemnly swear) (solemnly affirm) that should I at any time break this oath ofoffice, I shall submit myselfto the laws ofthe Republic ofGhana and suffer the penalty for it. (So help me God).
To be administeredbythe ChiefJustice before Parliament.
THE JUDICIAL OATH
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .having been appointed (ChiefJustice/ a Justice ofthe Supreme Courtla Justice ofthe Court of Appeal/a Justice of the High Court of Justice, etc) do (in the name ofthe 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
1 86
The Constitution
without fear or favour, affection or ill-will; and that I will at all times uphold, preserve, protect and defend the Constitution and laws ofthe Republic ofGhana. (So help me God).
To be sworn before thePresident, the ChiefJustice or such otherperson as the ChiefJustice may designate.
THE OATH OF MEMBERS OF COUNCIL OF STATE
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .do (solemnly swear in the name ofthe Almighty God) (solemnly affirm) that I will faithfully and conscientiously perform my duties as a member of the Council ofStateanduphold,preserve,protect and defendthe Constitution ofthe Republic ofGhana. (So help me God).
To be sworn before the President.
THE CABINET OATH
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .having been appointed a member ofthe Cabinet do (in the name ofthe 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 ofState (Deputy Minister) ofthe Republic ofGhana, do (in the name ofthe Almighty God swear) (solemnly affirm) that I will at all times well andtruly serve the Republic ofGhana in the office ofMinister of State (Deputy Minister); that I will uphold, preserve,
187
The Constitution
protect and defend the Constitution ofthe Republic ofGhana as by law established; that I will, to the best ofmy judgment, at all times when required, freely give my counsel and advice for the good management of!he,Public affairs ofthe Republic ofGhana; and that I will not directly or mdlrectly reveal any matters that shall come to my knowledge in the discharge ofmy duties and committed to my secrecy as Minister ofState (Deputy Minister). (So help me God).
To be sworn before the President
THE OATH OF SECRECY
. . .ffi f''''''''''''''''''''''''''''''' '' '' '' '' '' '' '' '' '' '' '' '' .. .. .. .. .. .. : : : : : : : : : : : : : : : : : : : : : : : : . ... .I.the name ofthe 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 ofmy official duties or as may be specially permitted by law. (So help me God).
To be sworn before the President, the ChiefJustice orsuch otherperson as the President may designate.
THE OFFICIAL OATH
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do ( in the name ofthe Almighty God swear) (solemnly affirm) that I will at all times well and truly serve the Republic ofGhana in the office of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . andthat I will uphold, preserve, protect and defend the Constitution ofthe Republic ofGhana as by law established. (So help me God).
To be sworn before the President or such otherperson as the President may designate.
188
The Constitution
THE SPEAKER'S OATH
I, do (in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the name ofthe Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic ofGhana 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 ofpersons in accordance with the Constitution of Ghana and the laws and conventions ofParliament without fear or favour, affection or ill-will. (So help me God).
To be sworn before the ChiefJustice.
THE OATH OF A MEMBER OF PARLIAMENT
I, having been. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . elected a member ofParliament do (in the name ofthe Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic ofGhana as by law established; that I will uphold, preserve, protect and defend the Constitution ofthe Republic ofGhana; and that I will faithfully and conscientiously discharge the duties of a member ofParliament. (So help me God).
To be sworn before the Speaker
189
The Constitution
THE OATH OF THE AUDITOR-GENERAL
I, having been. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . appointed Auditor-General of the Republic of Ghana do (in the n e.ofthe Almighty God swear) (solemnly affirm) that.I will bear true fruthand allegiance to the Republic of Ghana; that I ,,:I11 uphold, preserve, protect and defend the Constitution ofthe R pubhc of Ghana; an that I will truly and faithfully perform the functIOns of my office Without fear or favour, affection or i ll-will . (So help me God)
To be sworn before the President. or such otherperson as the President may designate.
Made this 8th day of May, 1992
FLT.-LT. JERRY JOHN RAWLINGS Chairman ofthe Provisional National Defence Council
Date of Gazette notification: 1 5th May, 1992.
190