Professional Documents
Culture Documents
Constitution of Ghana
Constitution of Ghana
ACT
ENTITLED
‘Dual citizen’
(2) Without prejudice to article 94 (2) (a) of the Constitution, no citizen of Ghana shall qualify to
be appointed as a holder of any office specified in this clause if he holds the citizenship of any
other country in addition to his citizenship of Ghana –
(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
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Article 9 of the Constitution amended
2. Article 9 of the Constitution is amended by the repeal of clause (5) 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
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not exceeding five years in all and upon such other terms and conditions as the
appointing authority shall determine”.
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CONSTITUTION
OF THE
REPUBLIC
OF
GHANA
_________
1992
ARRANGEMENT OF ARTICLES
THE PREAMBLE
ARRANGEMENT OF CHAPTERS
Below is the 1992 Constitution of the Republic of Ghana, arranged by Chapters. Click
on any and read the contents.
CHAPTERS
1. THE CONSTITUTION
2. TERRITORIES OF GHANA
3. CITIZENSHIP
o General
o Emergency Powers
o Protection of Rights by the Courts
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6. THE DIRECTIVE PRINCIPLES OF STATE POLICY
o Right to Vote
o Electoral Commission
o Political Parties
8. THE EXECUTIVE
o The President
o International Relations
o The Cabinet
o The National Security Council
o National Development Planning Commission
o The Attorney-General
o Composition of Parliament
o Procedure in Parliament
o Summoning, dissolution, etc.
o Privileges and Immunities
o Contempt of Parliament
o The Parliamentary Service
o General
o The Supreme Court
o The Court of Appeal
o The High Court
o Regional Tribunals
o Appointment, retirement and removal of Justices of Superior Courts and
Chairmen and other members of Regional Tribunals.
o Appointment, retirement and removal of Judicial Officers
o The Judicial Council
o Miscellaneous
13. FINANCE
o General
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o Statistical Service
o The Auditor-General
o The Auditor Service
o Public Lands
o Lands Commission
o Ownership of land by Non-Citizens
o Stool and Skin Lands and Property
o Protecting Natural Resources
22. CHIEFTAINCY
26. MISCELLANEOUS
SCHEDULES
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Part III - The Judiciary
Part IV - Miscellaneous
SECOND SCHEDULE
Oaths
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The Constitution
CHAPTER ONE
THE CONSTITUTION
(1) The Sovereignty of Ghana resides in the people of Ghana in whose name and
for whose welfare the powers of government are to be exercised in the manner
and within the limits laid down in this Constitution.
(2) The 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.
(2) The Supreme Court shall, for the purposes of a declaration under clause (1) of
this article, make such orders and give such directions as it may consider
appropriate for giving effect, or enabling effect to be given, to the declaration so
made.
(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 -
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(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.
(1) Parliament shall have no power to enact a law establishing a one-party state.
(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 -
(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, commit no offence.
(6) Where a person referred to in clause (5) of this article is punished for any act
done under that clause, the punishment shall, on the restoration of this
Constitution, be taken to be void from the time it was imposed and he shall, from
that time, be taken to be absolved from all liabilities arising out of the
punishment.
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(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.
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The Constitution
CHAPTER TWO
TERRITORIES OF GHANA
4. TERRITORIES OF GHANA
(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.
(1) Subject to the provisions of this article, the President may, by constitutional
instrument -
(2) If the President, upon a petition being presented to him and, on the advice of
the Council of State, is satisfied that there is substantial demand for -
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 merge.
(3) If, notwithstanding that a petition has not been presented to him, the President
is, on the advice of the Council of State, satisfied that the need has arisen for
taking any of the steps referred to in paragraphs (a), (b) and (c) of clause (1) of
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this article, he may, acting in accordance with the advice of the Council of State,
appoint a commission of inquiry to inquire into the need and to make
recommendations on all the factors involved in the creation, alteration or merger.
(4) Where a commission of inquiry appointed under clause (2) and (3) of this
article finds that there is the need and a substantial demand for the creation,
alteration or merger referred to in either of those clauses, it shall recommend to
the President that a referendum be held, specifying the sues 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 all 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 determined by the referendum unless at least fifty percent of
the persons entitled to vote cast their votes at the referendum, and of the votes cast
at least eighty per cent were cast in favour of that issue.
(7) Where a referendum involves the merger of two or more regions, the issue
shall not be taken to be determined unless at least sixty per cent of the persons
entitled to vote at the referendum in each such region voted in favour of the
merger of the two or more regions; and accordingly, clause (6) of this article shall
not apply to the referendum.
(8) The President shall, under clause (1) of this article, and acting in accordance
with the results of the referendum held under clauses (4) and (5) of this article,
issue a constitutional instrument giving effect, or enabling effect to be given, to
the results.
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CHAPTER THREE
CITIZENSHIP
6. CITIZENSHIP OF GHANA
(1) Every person who, on the coming into force of this Constitution, is a citizen of
Ghana by law shall continue to be a citizen of Ghana.
(3) A child of not more than seven years of age found in Ghana whose parents are
not know shall be presumed to be a citizen of Ghana by birth.
(4) A child of not more than sixteen years of age neither of whose parents is a
citizen of Ghana who is adopted by a citizen of Ghana shall, be virtue of the
adoption, be a citizen of Ghana.
(2) Clause (1) of this article applies also to a person who was married to a person
who, but for his or her death, would have continued to be a citizen of Ghana under
clause (1) of article 6 of this Constitution.
(3) Where the marriage of a woman is annulled after she has been registered as a
citizen of Ghana under clause (1) of this article, she shall, unless she renounces
that citizenship, continue to be a citizen of Ghana.
(5) Where upon an application by a man for registration under clause (1) of this
article, it appears to the authority responsible for the registration that a marriage
has been entered into primarily with a view to obtaining the registration, the
authority may request the applicant to satisfy him that the marriage was entered
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into in good faith; and the authority may only effect the registration upon being so
satisfied.
(6) In the case of a man seeking registration, clause (1) of this article applies only
if the applicant permanently resides in Ghana.
8. DUAL CITIZENSHIP
(1) 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, acquired or retains the citizenship of a country other than Ghana.
(3) A Ghanaian citizen who loses his Ghanaian citizenship as a result of the
acquisition or possession of the citizenship 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.
(1) Parliamentary may make provision for the acquisition of citizenship of Ghana
by persons who are not eligible to become citizens of Ghana under the provision
of this Constitution.
(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.
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(a) that the activities of that person are inimical of the security of the State
or prejudicial to public morality or the public interest; or
(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.
10. INTERPRETATION
(1) A reference in this Chapter to the citizenship of the parent of a person at the
time of the birth of that person shall, in relation to a person born after the death of
the parent, be construed as a reference to the citizenship of the parent at the time
of the parent's death.
(2) For the purposes of clause (1) of this article, where the death occurred before
the coming into force of this Constitution, the citizenship that the parent would
have had if he or she had died on the coming into force of this Constitution shall
be deemed to be his or her citizenship at the time of his or her death.
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The Constitution
CHAPTER FOUR
(c) any Orders, Rules and Regulations made by any person or authority
under a power conferred by this Constitution.
(2) The common law of Ghana shall comprise the rules of law generally known as
the common law, the rules generally known as the doctrines of equity and the
rules of customary law including those determined by the Superior Court of
Judicature.
(3) For the purposes of this article, "customary law" means the rules of law, which
by custom are applicable to particular communities in Ghana.
(4) The existing law shall, except as otherwise provided in clause (1) of this
article, comprise the written and unwritten laws of Ghana as they existed
immediately before the coming into force of this Constitution, and any Act,
Decree, law or statutory instrument issued or made before that date, which is to
come into force on or after that date.
(5) Subject to the provisions of this Constitution, the existing law shall not be
affected by the coming into force of this Constitution.
(6) The existing law shall be construed with any modifications, adaptations,
qualifications and exceptions necessary to bring it into conformity with the
provisions of the provisions of this Constitution, or otherwise to give effect to, or
enable effect to be given to, any changes effected by this Constitution.
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(7) Any Order, Rule or Regulation made by a person or authority under a power
conferred by this Constitution or any other law shall -
(b) be published in the Gazette on the day it is laid before Parliament; and
(c) come into force at the expiration of twenty-one sitting days after being
so laid unless Parliament, before the expiration of the twenty-one days,
annuls the Order, Rule or Regulation by the votes of not less than two
thirds of all the members of Parliament.
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The Constitution
CHAPTER FIVE
(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.
(1) No person shall be deprived of his life intentionally except in the exercise of
the execution of a sentence of a court in respect of a criminal offence under the
laws of Ghana of which he has been convicted.
(2) A person shall not be held to have deprived another person of his life in
contravention of clause (1) of this article if that other person dies as the result of a
lawful act of war or if that other person dies as the result of the use of force to
such an extent as is reasonably justifiable in the particular circumstances.-
(a) for the defence of any person from violence or for the defence of
property; or
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14. PROTECTION OF PERSONAL LIBERTY
(1) Every person shall be entitled to his personal liberty and no person shall be
deprived of his personal liberty except in the following cases and in accordance
with procedure permitted by law -
(c) for the purpose of bringing him before a court in execution of an order
of a court; 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
(a) for the purpose of bringing him before a court in execution of an order
of a court; or
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(4) Where a person arrested, restricted or detained under paragraph (a) or (b) of
clause (3) of this article is not tried within a reasonable time, then, without
prejudice to any further proceedings that may be brought against him, he shall be
released wither unconditionally or upon reasonable conditions, including in
particular, conditions reasonably necessary to ensure that he appears at a later date
for trial or for proceedings preliminary to trial.
(7) Where a person who has served the whole or a part of his sentence is acquitted
on a appeal by a court, other than the Supreme Court, the court may certify tot he
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.
(b) any other condition that detracts or is likely to detract from his dignity
and worth as a human being.
(3) A person who has not been convicted of a criminal offence shall not be treated
as a convicted person and shall be kept separately from convicted persons.
(4) A juvenile offender who is kept in lawful custody or detention shall be kept
separately from an adult offender.
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(3) For the purposes of this article, "forced labour" does not include -
(c) any labour required during any period when Ghana is at war or in the
event of an emergency or calamity that threatens the life and well-being of
the community, to the extent that the requirement of such labour is
reasonably justifiable in the circumstances of any situation arising or
existing during that period for the purposes of dealing with the situation;
or
(2) A person shall not be discriminated against on grounds of gender, race, colour,
ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, "discriminate" means to give different
treatment to different persons attributable only or mainly to their respective
descriptions by race, place of origin, political opinions, colour, gender,
occupation, religion or creed, whereby persons of one description are subjected to
disabilities or restrictions to which persons of another description are not made
subject or are granted privileges or advantages which are not granted to persons of
another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are
reasonably necessary to provide -
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(d) for making different provision for different communities having regard
to their special circumstances not being provision which is inconsistent
with the spirit of this Constitution.
(5) Nothing shall be taken to be inconsistent with this article which is allowed to
be done under any provision of this Chapter.
(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 law and as
may be necessary in a free and democratic society for public safety or the
economic well-being of the country, for the protection of health or morals, for the
prevention of disorder or crime or for the protection of the rights or freedoms of
others.
(1) A person charged with a criminal offence shall be given a fair hearing within a
reasonable time by a court.
(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 -
(b) in the case of an offence tribal by a Regional Tribunal the penalty for
which is death, the decision of the Chairman and the other panel members
shall be unanimous;
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(e) be given adequate time and facilities for the preparation of this
defence;
(i) in the case of the offence of high treason or treason, be tried by the
High Court duly constituted by three Justices of that Court and the
decision of the Justices shall be unanimous.
(3) The trial of a person charged with a criminal offence shall take place in his
presence unless;-
(a) he refuses to appear before the court for the trial to be conducted in his
presence after he has been duly notified of the trial; or
(4) Whenever a person is tried for a criminal offence the accused person or a
person authorized by him shall, if he so requires, be given, within a reasonable
time not exceeding six months after judgement, a copy of any record of the
proceedings made by or on behalf of the court for the use of the accused person.
(5) A person shall not be charged with or held to be guilty 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 a criminal 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 by a competent court for a
criminal offence and either convicted or acquitted, shall again be tried for that
offence or for any other criminal offence of which he could have been convicted
at the trial for the offence, except on the order of a superior court in the course of
appeal or review proceedings relating to the conviction or acquittal.
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(8) Notwithstanding clause (7) of this article, an acquittal of a person on a trial for
high treason or treason shall not be a bar to the institution of proceedings for any
other offence against that person.
(9) Paragraphs (a) and (b) of clause (2) of this article shall not apply in the case of
a trial by a court-martial or other military tribunal.
(10) No person who is tried for a criminal offence shall be compelled to give
evidence at the trial.
(12) Clause (11) of this article shall not prevent a Superior Court from punishing a
person for contempt of itself notwithstanding that the act or omission constitution
the contempt is not defined in a written law and the penalty is not so prescribed.
(15) Nothing in this article shall prevent an adjudicating authority from excluding
from the proceeding persons, other than the parties to the proceedings and their
lawyers, to such an extent as the authority-
(16) Nothing in, or done under the authority of, any law shall be held to be
inconsistent with or in contravention of, the following provisions
(a) paragraph (c) of clause (2) of this article, to the extent that the law in
question imposes upon a person charged with a criminal offence, the
burden of providing particular facts; or
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(b) clause (7) of this article, to the extent that the law in question
authorizes a court to try a member of a disciplined force for a criminal
offence notwithstanding any trial and conviction or acquittal of that
member under the 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.
(17) Subject to clause (18) of this article, treason shall consist only-
(19) Notwithstanding any other provision of this article, but subject to clause (20)
of this article, Parliament may, by or under an Act of Parliament, establish
military courts or tribunals for the trial of offences 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 of a civil court, he shall not be tried by
a court-martial or military tribunal for the offence unless the offence is within the
jurisdiction of a court-martial or other military tribunals under any law for the
enforcement of military discipline.
(21) For the purposes of this article, "criminal offence" means a criminal offence
under the laws of Ghana.
(1) No property of any description or interest in or right over any property shall be
compulsorily taken possession of or acquired by the State unless the following
conditions are satisfied.
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and country planning or the development or utilization of property in such
a manner as to promote the public benefit; and
(b) the necessity for the acquisition is clearly stated and is such as to
provide reasonable justification for causing any hardship that may result to
any person who has an interest in or right over the property.
(2) Compulsory acquisition of property by the State shall only be made under a
law which makes provision for.
(b) a right of access to the High Court by any person who has an interest in
or right over the property whether direct or on appeal from other authority,
for the determination of his interest or right and the amount of
compensation to which he is entitled.
(4) Nothing in this article shall be construed as affecting the operation of any
general law so far as it provides for the taking of possession or acquisition of
property.
(e) for so long only as may be necessary for the purpose of any
examination, investigation, trial or inquiry; or
(f) for so long as may be necessary for the carrying out of work on any
land for the purpose of the provision of public facilities or utilities, except
that where any damage results from any such work there shall be paid
appropriate compensation.
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(5) Any property compulsorily taken possession of or acquired in the public
interest or for a public purpose shall be used only in the public interest or for the
public purpose for which it was acquired.
(6) Where the property is not used in the public interest or for the purpose for
which it was acquired, the owner of the property immediately before the
compulsory acquisition, shall be given the first option for acquiring the property
and shall, on such reacquisition refund the whole or part of the compensation paid
to him as provided for by law or such other amount as is commensurate with the
value of the property at the time of the reacquisition.
(a) freedom of speech and expression, which shall include freedom of the
press and other media;
(g) freedom of movement which means the right to move freely in Ghana,
the right to leave and to enter Ghana and immunity from expulsion from
Ghana.
(3) All citizens shall have the right and freedom to form or join political parties
and to participate in political activities subject to such qualifications and laws as
are necessary in a free and democratic society and are consistent with this
Constitution.
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(4) Nothing in, or done under the authority of, a law shall be held to be
inconsistent with, or in contravention of, this article to the extent that the law in
question makes provision-
(a) for the imposition of restrictions by order of a court, that are required
in the interest of defence, public safety or public order, on the movement
or residence within Ghana of any person; or
(c) for the imposition of restrictions that are reasonably required in the
interest of defence, public safety, pubic health or the running of essential
services, on the movement or residence within Ghana of any person or
persons generally, or any class of persons; or
(d) for the imposition of restrictions on the freedom of entry into Ghana,
or of movement in Ghana, if a person who is not a citizen of Ghana; or
(e) that is reasonably required for the purpose of safeguarding the people
of Ghana against the teaching or encourages disrespect for the nationhood
of Ghana, the national symbols and emblems, or incites hatred against
other members of the community except so far as that provision or , as the
case may be, the thing done under the authority of that law is shown not to
be reasonably justifiable in terms of the spirit of this Constitution.
(5) Whenever a person, whose freedom of movement has been restricted by the
order of a court under paragraph (a) of clause (4) of this article, requests at any
time during the period of that restriction not earlier than seven days after the order
was made, or three months after he last made such request, as the case may be, his
case shall be reviewed by that court.
(6) On a review by a court under clause (5) of this article, the court may, subject
to the right of appeal from its decision, make such order for the continuation or
termination of the restriction as it considers necessary or expedient.
(1) A spouse shall not be deprived of a reasonable provision out of the estate of a
spouse whether or not the spouse died having made a will.
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(2) Parliament shall, as soon as practicable after the coming into force of this
Constitution, enact legislation regulating the property rights of spouses.
(3) With a view to achieving the full realisation of the rights referred to in clause
(2) of this article -
(a) spouses shall have equal access to property jointly acquired during marriage;
(b) assets which are jointly acquired during marriage shall be distributed equitably
between the spouses upon dissolution of the marriage.
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.
(1) Every person has the right to work under satisfactory, safe and healthy
conditions, and shall receive equal pay for equal work without distinction of any
kind.
(2) Every worker shall be assured of rest, leisure and reasonable limitation of
working hours and periods of holidays with pay, as well as remuneration for
public holidays.
(3) Every worker has a right to form or join a trade union of his choice for the
promotion and protection of his economic and social interests.
(4) Restrictions shall not be placed on the exercise of the right conferred by clause
(3) of this article except restrictions prescribed by law and reasonably necessary
in the interest of national security or public order or for the protection of the rights
and freedoms of others.
(1) All persons shall have the right to equal educational opportunities and
facilities and with a view to achieving the full realisation of that right -
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all by every appropriate means, and in particular, by the progressive
introduction of free education;
(c) higher education shall be made equally accessible to all, on the basis of
capacity, by every appropriate means, and in particular, by progressive
introduction of free education;
(2) Every person shall have the right, at his own expense, to establish and
maintain a private school or schools at all levels and of such categories and in
accordance with such conditions as may be provided by law.
(1) Every person is entitled to enjoy, practise, profess, maintain and promote any
culture, language, tradition or religion subject to the provisions of this
Constitution.
(2) All customary practices which dehumanise or are injurious to the physical and
mental well-being of a person are prohibited.
(1) Special care shall be accorded to mothers during a reasonable period before
and after child-birth; and during those periods, working mothers shall be accorded
paid leave.
(2) Facilities shall be provided for the care of children below school-going age to
enable women, who have the traditional care for children, realise their full
potential.
(3) Women shall be guaranteed equal rights to training and promotion without any
impediments from any person.
(1) Parliament shall enact such laws as are necessary to ensure that -
(a) every child has the right to the same measure of special care, assistance
and maintenance as is necessary for its development from its natural
parents, except where those parents have effectively surrendered their
rights and responsibilities in respect of the child in accordance with law;
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(b) every child, whether or not born in wedlock, shall be entitled to
reasonable provision out of the estate of its parents;
(d) children and young persons receive special protection against exposure
to physical and moral hazards; and
(e) the protection and advancement of the family as the unit of society are
safeguarded in promotion of the interest of children.
(2) Every child has the right to be protected from engaging in work that
constitutes a threat to his health, education or development.
(3) A child shall not be subjected to torture or other cruel, inhuman or degrading
treatment or punishment.
(5) For the purposes of this article, "child" means a person below the age of
eighteen years.
(1) Disabled persons have the right to live with their families or with foster
parents and to participate in social, creative or recreational activities.
(4) Disabled persons shall be protected against all exploitation, all regulations and
all treatment of a discriminatory, abusive or degrading nature.
(5) In any Judicial proceedings in which a disabled person is a party, the legal
procedure applied shall take his physical and mental condition into account.
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(6) As far as practicable, every place to which the public have access shall have
appropriate facilities for disabled persons.
(7) Special incentive 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 of
the provisions of this article.
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.
(1) The President may, acting in accordance with the advice of the Council of
State, by Proclamation published in the Gazette, declare that a state of emergency
exists in Ghana or in any part of Ghana for the purposes of the provisions of this
Constitution.
(3) Parliament shall, within seventy-two hours after being so notified, decide
whether the proclamation should remain in force or should be revoked; and the
President shall act in accordance with the decision of Parliament.
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(6) Parliament may, by resolution passed by a majority of all members of
Parliament, extend its approval of the declaration for periods of not more than one
month at a time.
(8) For the avoidance of doubt, it is hereby declared that the provisions of any
enactment, other than an Act of Parliament, dealing with a state of emergency
declared under clause (1) of this article shall apply only to that part of Ghana
where the emergency exists.
(9) The circumstances under which a state of emergency may be declared under
this article include a natural disaster and any situation in which any action is taken
or is immediately threatened to be taken by any person or body of persons which -
(b) renders necessary the taking of measures which are required for
securing the public safety, the defence of Ghana and the maintenance of
public order and of supplies and services essential to the life of the
community.
(10) Nothing in, or done under the authority of, an Act of Parliament shall be held
to be inconsistent with, or in contravention of, articles 12 to 30 of this
Constitution to the period when a state of emergency is in force, of measures that
are reasonably justifiable for the purposes of dealing with the situation that exists
during that period.
(a) he shall as soon as practicable, and in any case not later than twenty-
four hours after the commencement of the restriction or detention, be
furnished with a statement in writing specifying in detail the grounds upon
which he is restricted or detained and the statement shall be read or
interpreted to the person restricted or detained;
(b) the spouse, parent, child or other available next of kin of the person
restricted or detained shall be informed of the detention or restriction
within twenty-four hours after the commencement of the detention or
restriction and be permitted access to the person at the earliest practicable
33
opportunity, and in any case within twenty-four hours after the
commencement of the restriction or detention;
(c) not more than ten days after the commencement of his restriction or
detention, a notification shall be published in the Gazette and in the media
stating that he had been restricted or detained and giving particulars of the
provision of law under which his restriction or detention is authorised and
the grounds of his restriction or detention;
(d) not more than ten days after commencement of his restriction or
detention, and after that, during his restriction or detention, at intervals of
not more than three months, his case shall be reviewed by a tribunal
composed of not less than three Justices of the Superior Court of
Judicature appointed by the Chief Justice; except that the same tribunal
shall not review more than once the case of a person restricted or detained;
(4) Notwithstanding clause (3) of this article, the Minister referred to in that
clause shall publish every month in the Gazette and in the media.
(a) the number and the names and addresses of the persons restricted or
detained;
(c) the number of cases in which the authority which ordered the
restriction or detention has acted in accordance with the decisions of the
tribunal appointed under this article.
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(5) For the avoidance of doubt, it is hereby declared that at the end of an
emergency declared under clause (1) of article 31 of this Constitution, a person in
restriction or detention or in custody as a result of the declaration of the
emergency shall be released immediately.
(2) The High Court may, under clause (1) of this article, issue such directions or
orders or writs including rites or orders in the nature of herbs as corpus, certiorari,
mandamus, prohibition, and quo warrant as it may consider appropriate for the
purposes of enforcing or securing the enforcement of any of the provisions on the
fundamental human rights and freedoms to the protection of which the person
concerned is entitled.
(3) A person aggrieved by a determination of the High Court may appeal to the
Court of Appeal with the right of a further appeal to the Supreme Court.
(4) The Rules of Court Committee may make rules of court with respect to the
practice and procedure of the Superior Courts for the purposes of this article.
(5) The rights, duties, declarations and guarantees relating to the fundamental
human rights and freedoms specifically mentioned in this Chapter shall not be
regarded as excluding others not specifically mentioned which are considered to
be inherent in a democracy and intended to secure the freedom and dignity of
man.
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CHAPTER SIX
(1) The Directive Principles of State Policy contained in this Chapter shall guide
all citizens, Parliament, the President, the Judiciary, the Council of State, the
Cabinet, political parties and other bodies and persons in applying or interpreting
this Constitution or any other law and in taking and implementing any policy
decisions, for the establishment of a just and free society.
(2) The President shall report to Parliament at least once a year all the steps taken
to ensure the realization of the policy objectives contained in this Chapter and, in
particular, the realization of basic human rights, a healthy economy, the right to
work, the right to good health care and the right to education.
(1) Ghana shall be a democratic state dedicated to the realization of freedom and
justice; and accordingly, sovereignty resides in the people of Ghana from whom
Government derives all its powers and authority through this Constitution.
(2) The State shall protect and safeguard the independence, unity and territorial
integrity of Ghana, and shall seek the well-being of all her citizens.
(3) The State shall promote just and reasonable access by all citizens to public
facilities and services in accordance with law.
(4) The State shall cultivate among all Ghanaians respect for fundamental human
rights and freedoms and the dignity of the human person.
(5) The State shall actively promote the integration of the peoples of Ghana and
prohibit discrimination and prejudice on the grounds of place of origin,
circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
(6) Towards the achievement of the objectives stated in clause (5) of this article,
the State shall take appropriate measures to -
(a) foster a spirit of loyalty to Ghana that overrides sectional, ethnic and
other loyalties;
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(c) provide adequate facilities for, and encourage, free mobility of people,
goods and services throughout Ghana;
(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 of
power.
(9) The state shall promote among the people of Ghana the culture of political
tolerance.
(1) The State shall take all necessary action to ensure that the national economy is
managed in such a manner as to maximize the rate of economic development and
to secure the maximum welfare, freedom and happiness of every person in Ghana
and to provide adequate means of livelihood and suitable employment and public
assistance to the needy.
(2) The State shall, in particular, take all necessary steps to establish a sound and
healthy economy whose underlying principles shall include -
(a) the guarantee of a fair and realistic remuneration for production and
productivity in order to encourage continued production and higher
productivity;
(c) ensuring that individuals and the private sector bear their fair share of
social and national responsibilities including responsibilities to contribute
to the overall development of the country;
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(d) undertaking even and balanced development of all regions and every
part of each region of Ghana, and, in particular, improving the conditions
of life in the rural areas, and generally, redressing any imbalance in
development between the rural and the urban areas;
(e) the recognition that the most secure democracy is the one that assures
the basic necessities of life for its people as a fundamental duty.
(3) The State shall take appropriate measures to promote the development of
agriculture and industry.
(4) Foreign 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 a co-ordinated
programme of economic and social development policies, including agricultural
and industrial programmes at all levels and in all the regions of Ghana.
(6) The State shall afford equality of economic opportunity to all citizens; and, in
particular, the State shall take all necessary steps so as to ensure the full
integration of women into the mainstream of the economic development of
Ghana.
(7) The State shall guarantee the ownership of property and the right of
inheritance.
(8) The State shall recognise that ownership and possession of land carry a social
obligation to serve the larger community and, in particular, the State shall
recognise that the managers of public, stool, skin and family lands are fiduciaries
charged with the obligation to discharge their functions for the benefit
respectively of the people of Ghana, of the stool, skin, or family concerned and
are accountable as fiduciaries in this regard.
(9) The State shall take appropriate measures needed to protect and safeguard the
national environment for posterity; and shall seek co-operation with other states
and bodies for purposes of protecting the wider international environment for
mankind.
(10) The State shall safeguard the health, safety and welfare of all persons in
employment, and shall establish the basis for the full deployment of the creative
potential of all Ghanaians.
(11) The State shall encourage the participation of workers in the decision-making
process at the work place.
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37. SOCIAL OBJECTIVES
(1) The State shall endeavour to secure and protect a social order founded on the
ideals and principles of freedom, equality, justice, probity and accountability as
enshrined in Chapter 5 of this Constitution; and in particular, the State shall direct
its policy towards ensuring that every citizen has equality of rights, obligations
and opportunities before the law.
(b) the protection and promotion of all other basic human rights and
freedoms, including the rights of the disabled, the aged, children and other
vulnerable groups in development processes.
(3) In the discharge of the obligations stated in clause (2) of this article, the State
shall be guided by international human rights instruments which recognize and
apply particular categories of basic human rights to development processes.
(4) The State shall maintain a population policy consistent with the aspirations
and development needs and objectives of Ghana.
(5) The State shall ensure that adequate facilities for sports are provided
throughout Ghana and that sports are promoted as a means of fostering national
integration, health and self-discipline as well as international friendship and
understanding.
(a) ensure that contributory schemes are instituted and maintained that will
guarantee economic security for self-employed and other citizens of
Ghana, and
(b) provide social assistance to the aged such as will enable them to
maintain a decent standard of living.
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38. EDUCATIONAL OBJECTIVES
(1) The State shall provide educational facilities at all levels and in all the Regions
of Ghana, and shall, to the greatest extent feasible, make those facilities available
to all citizens.
(2) The Government shall, within two years after Parliament first meets after the
coming into force of this Constitution, draw up a programme for implementation
within the following ten years, for the provision of free, compulsory and universal
basic education.
(a) equal and balanced access to secondary and other appropriate pre-
university education, equal access to university or equivalent education,
with emphasis on science and technology;
(1) Subject to clause (2) of this article, the State shall take steps to encourage the
integration of appropriate customary values into the fabric of national life through
formal and informal education and the conscious introduction of cultural
dimensions to relevant aspects of national planning.
(2) The State shall ensure that appropriate customary and cultural values are
adapted and developed as an integral part of the growing needs of the society as a
whole; and in particular that traditional practices which are injurious to the health
and well-being of the person of the person are abolished.
(3) The State shall foster the development of Ghanaian languages and pride in
Ghanaian culture.
(4) The State shall endeavour to preserve and protect places of historical interest
and artifacts.
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(b) seek the establishment of a just and equitable international economic
and social order;
(c) promote respect for international law, treaty obligations and the
settlement of international disputes by peaceful means;
(d) adhere to the principles enshrined in or as the case may be, the aims
and ideals of-
The exercise and enjoyment of rights and freedoms is inseparable from the
performance of duties and obligations, and accordingly, it shall be the duty of
every citizen -
(a) to promote the prestige and good name of Ghana and respect the
symbols of the nation;
(d) to respect the rights, freedoms and legitimate interests of others, and
generally to refrain from doing acts detrimental to the welfare of other
persons;
(f) to protect and preserve public property and expose and combat misuse
and waste of public funds and property;
41
(h) to defend Ghana and render national service when necessary;
(i) to co-operate with lawful agencies in the maintenance of law and order;
(j) to declare his income honestly to the appropriate and lawful agencies
and to satisfy all tax obligations; and
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CHAPTER SEVEN
Every citizen of Ghana of eighteen years of age or above and of sound mind has
the right to vote and is entitled to be registered as a voter for the purposes of
public elections and referenda.
(a) a Chairman;
(2) The members of the Commission shall be appointed by the President under
article 70 of this Constitution.
(2) The Chairman of the Electoral Commission shall have the same terms and
conditions of service as a Justice of the Court of Appeal.
(3) The two Deputy Chairman of the Commission shall have the same terms and
conditions of service as are applicable to a Justice of the High Court.
(4) The Chairman and the two Deputy Chairmen of the commission shall not,
while they hold office on the Commission, hold any other public office.
(5) The other four members of the Commission shall be paid such allowances as
Parliament may determine.
(6) If a member is absent or dies, the Commission shall continue its work until the
President, acting on the advice of the Council of State, appoints a qualified person
to fill the vacancy.
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45. FUNSTIONS OF ELECTORAL COMMISSION
(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;
(d) to educate the people on the electoral process and its purpose;
Except as provided in this Constitution or in any other law not inconsistent with
this Constitution, in the performance of its functions, the Electoral Commission,
shall not be subject to the direction or control of any person or authority.
47. CONSTITUENCIES
(1) Ghana shall be divided into as many constituencies for the purpose of election
of members of parliament as the Electoral Commission may prescribe, and each
constituency shall be represented by one member of Parliament.
(3) The boundaries of each constituency shall be such that the number of
inhabitants in the constituency is, as nearly as possible, equal to the population
quota.
(4) For the purposes of clause (3) of this article, the number of inhabitants of a
constituency may be greater or less than the population quota in order to take
account of means of communication, geographical features, density of population
and area and boundaries of the regions and other administrative or traditional
areas.
(5) The Electoral Commission shall review the division of Ghana into
constituencies at intervals of not less than seven years, or within twelve months
after the publication of the enumeration figures after the holding of a census of the
44
population of Ghana, whichever is earlier, and may, as a result, alter the
constituencies.
(6) Where the boundaries of a constituency established under this article are
altered as a result of a review, the alteration shall come into effect upon the next
dissolution of Parliament.
(7) For the purposes of this article, "population quota" means the number obtained
by dividing the number of inhabitants of Ghana by the number of constituencies
into which Ghana is divided under this article.
(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 -
(b) the number of votes cast in favour of each candidate or question: and
the presiding officer shall, there and then, announce the result of the
voting at the polling station before communicating them to the returning
officer.
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50. ELECTION OF CANDIDATES
(a) two or more candidates have been nominated, the election shall be held
and the candidate who receives the largest number of votes cast shall be
declared elected; or
(b) only one candidate is nominated, there shall be no election and that
candidate shall be declared elected.
(2) Where for the purposes of a public election two or more candidates are
nominated but at the close of the nominations and on the day before the election,
only one candidate stands nominated, a further period of ten days shall be allowed
for nomination of other candidates, and it shall not be lawful for any person
nominated within that period of ten days to withdraw his nomination.
(3) Where at the close of nominations under clause (2) of this article only one
candidate stands nominated, there shall be no election and that candidate shall be
declared elected.
(4) Where at the close of nominations, but before the election, one of the
candidates dies, a further period of ten days shall be allowed for nominations; and
where the death occurs at any time within twenty-five days before the election,
the election in that constituency or unit shall be postponed for twenty one days.
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54. EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND
POLITICAL PARTIES
(2) Every citizen of Ghana of voting age has the right to join a political party.
(3) Subject to the provisions of this article, a political party is free to participate in
shaping the political will of the people, to disseminate information on political
ideas, social and economic programmes of a national character, and sponsor
candidates for election to any public office either than to district assemblies or
lower local government unit.
(4) Every political party shall have a national character, and membership shall not
be based on ethnic, religious, regional or other sectional divisions.
(7) For purposes of registration, a prospective political party shall furnish the
electoral commission with a copy of its constitution and the names and addresses
of its national officers: and shall satisfy the commission that -
(b) the party has branches in all the regions of Ghana and is, in addition,
organised in not less than two thirds of the districts of each region; and
(c) the parties name, emblem, colour, motto or any other symbol has no
ethnic, regional, religious or other sectional connotations or gives the
appearance that it activities are confined only to a part of Ghana.
47
(8) A political party shall not have as a founding member, a leader or a member of
its executives, a person who is not qualified to be elected as a Member of
Parliament or to hold any other public office.
(9) The members of the national executive committee of a political party shall not
be chosen from all the regions of Ghana.
(10) Subject to the provisions of this constitution, every citizen of voting age has
the right to participate in political activity intended to influence the composition
and policies of the Government.
(11) The state shall provide fair opportunity to all political parties to 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.
(13) Every candidate for election to Parliament has the right to conduct his
campaign freely and in accordance with law.
(a) to declare to the public their revenues and assets and the sources of
those revenues and assets; and
(17) Subject to the provisions of this Chapter, Parliament shall by law regulate the
establishment and functioning of political parties.
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CHAPTER EIGHT
THE EXECUTIVE
(1) There shall be a President of the Republic of Ghana who shall be the Head of
State and Head of Government and Commander-in Chief of the Armed Forces of
Ghana.
(2) The President shall take precedence over all other persons in Ghana; and in
descending order, the Vice-President, the Speaker of Parliament and the Chief
Justice, shall take precedence over all other persons in Ghana.
(3) Before assuming office the President shall take and subscribe before
Parliament the oath of allegiance and the presidential oath set out in the Second
Schedule to this Constitution.
(5) The President shall not, while in office as President, be personally liable to
any civil or criminal proceedings in court.
(6) Civil or criminal proceedings may be instituted against a person within three
years after his ceasing to be President, in respect of anything done or omitted to
be done by him in his personal capacity before or during his term of office
notwithstanding any period of limitation except where the proceedings had been
legally barred before he assumed the office of President.
(1) The executive authority of Ghana shall vest in the President and shall be
exercised in accordance with the provisions of this Constitution.
(2) The executive authority of Ghana shall extend to the execution and
maintenance of this Constitution and all laws made under or continued in force by
this Constitution.
(3) Subject to the provisions of this Constitution, the functions conferred on the
President by clause (1) of this article may be exercised by him either directly or
through officers subordinate to him.
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(4) Except as otherwise provided in this Constitution or by a law not inconsistent
with this Constitution, all executive acts of Government shall be expressed to be
taken in the name of the President.
The President shall not leave Ghana without prior notification in writing, signed
by him and addressed to the Speaker of Parliament.
(1) There shall be a Vice-President of Ghana who shall perform such functions as
may be assigned to him by this Constitution or by the President.
(6) Whenever the President dies, resigns or is removed from office, the Vice-
President shall assume office as President for the unexpired term of office of the
President with effect from the date of the death, resignation or removal of the
President.
(7) Where the unexpired term served by the Vice-President under clause (6) of
this article exceeds half the term of a President, the Vice-President is
subsequently only eligible to serve one full term as President.
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(8) Whenever the President is absent from Ghana or is for any other reason unable
to perform the functions of his office, the Vice-President shall perform the
function of the President until the President returns or is able to perform.
(9) The Vice-President shall, before commencing to perform the functions of the
President under clause (6) of this article, take and subscribe the oath set out in the
Second Schedule to this Constitution in relation to the office of President.
(10) The Vice-President shall, upon assuming office as President under clause (6)
of this article, nominate a person to the office of Vice-President subject to
approval by Parliament.
(11) Where the President and the Vice-President are both unable to perform the
functions of the President, the Speaker of Parliament shall perfom those functions
until the President or the Vice-President is able to perfom those fuctions or a new
President assumes office, as the case may be.
(12) The Speaker shall, before commencing to perform the functions of the
President under clause (11) of this article, take and subscribe the oath set out in
relation to the office of President.
(13) Where the Speaker of Parliament assumes the office of President as a result
of the death, resignation or removal from office of the President and the Vice-
President, there shall be a presidential election within three months after his
assumption of office.
(14) The provisions of article 69 of this Constitution shall apply to the removal
from office of the Vice-President.
There shall be a public seal and a presidential seal, the use and custody of which
shall, subject to the provisions of this Constitution, be regulated by law.
A person shall not be qualified for election as the President of Ghana unless -
51
in respect of any such person, by a presidential pardon or by the lapse of
time as provided for in clause (5) of that article.
(b) is signed by not less than two persons who are registered voters
resident in the area of authority of each district assembly;
(2) The election of the President shall be on the terms of universal adult suffrage
and shall, subject to the provisions of this Constitution, be conducted in
accordance with such regulations as may be prescribed by constitutional
instrument by the Electoral Commission and shall be held so as to begin -
(a) where a President is in office, not earlier than four months nor later
than one month before his term of office expires; and
(b) in any other case, within three months after the office of President
becomes vacant; and shall be held at such place and shall begin on such
date as the Electoral Commission shall, by constitutional instrument,
specify.
(3) A person shall not be elected as President of Ghana unless at the presidential
election the number of votes cast in his favour is more than fifty per cent of the
total number of valid votes cast at the election.
(4) Where at a presidential election there are more than two candidates and no
candidate obtains the number or percentage of votes specified in clause (3) of this
article a second election shall be held within twenty-one days after the previous
election.
(5) The candidates for a presidential election held under clause (4) of this article
shall be the two candidates who obtained the two highest numbers of votes at the
previous election.
(6) Where at a presidential election three or more candidates obtain the two
highest numbers of votes referred to in clause (5) of this article, then unless there
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are withdrawals such that only two candidates remain, another election shall 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 withdrawal, be
continued until a President is elected.
(7) A presidential candidate under clause (5) or (6) of this article may, be writing
under his hand, withdraw his candidature at any time before the election.
(8) If after a second presidential election held under clause (4) of this article the
two candidates obtained an equal number of votes, then, notwithstanding any
withdrawal, another election shall be held within twenty-one days after the
election at which the two candidates shall be the only candidates and the same
process shall, subject to any withdrawal, be continued until a President is elected.
(b) states that the person named in the instrument was declared elected as
the President of Ghana at the election of the President, shall be prima facie
evidence that the person named was so elected.
(1) The validity of the election of the President may be challenged only by a
citizen of Ghana who may present a petition for the purpose to the Supreme Court
within twenty-one days after the declaration of the result of the election in respect
of which the petition is presented.
(2) A declaration by the Supreme Court that the election of the President is not
valid shall be without prejudice to anything done by the President before the
declaration.
(3) The Rules of Court Committee shall, by constitutional instrument, make rules
of court for the practice and procedure for petitions to the Supreme Court
challenging the election of a President.
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66. TERM OF OFFICE OF PRESIDENT
(1) A person elected as President shall, subject to clause (3) of this article, hold
office for a term of four years beginning from the date on which he is sworn in as
President.
(2) A person shall not be elected to hold office as President of Ghana for more
than two terms.
(a) on the expiration of the period specified in clause (1) of this article; or
(b) if the incumbent dies or resigns from office or ceases to hold office
under article 69 of this Constitution.
(4) The President may, by writing signed by him, and addressed to the Speaker of
Parliament, resign from his office as President.
The President shall, at the beginning of each session of Parliament and before a
dissolution of Parliament, deliver to Parliament a message on the state of the
nation.
(a) hold any other office of profit or emolument whether private or public
and whether directly or indirectly; or
(2) The President shall not, on leaving office as President, hold any office of
profit or emolument, except with the permission of Parliament, in any
establishment, either directly or indirectly, other than that of the State.
(3) The President shall receive such salary, allowances and facilities as may be
prescribed by Parliament on the recommendations of the committee referred to in
article 71 of this Constitution.
(4) On leaving office, the President shall receive a gratuity in addition to pension,
equivalent to his salary and other allowances and facilities prescribed by
Parliament in accordance with clause (3) of this article.
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(5) The salary, allowances, facilities, pensions and gratuity referred to in clauses
(3) and (4) shall be exempt from tax.
(6) Where the President is removed from office under paragraph (c) of clause (1)
of article 69 of this Constitution or resigns, he shall be entitled to such pension
and other retiring awards and facilities as Parliament may prescribe on the
recommendation of the Committee referred to in Article 71 of this Constitution.
(7) The salary and allowances payable to the President and any pension or
gratuity payable to him on leaving office shall be charged on the Consolidated
Fund.
(8) The salary, allowances, facilities and privileges of the President shall not be
varied to his disadvantage while he holds office.
(9) The pension payable to the President and the facilities available to him shall
not be varied to his disadvantage during his lifetime.
(1) The President shall be removed from office if he is found, in accordance with
the provisions of this article -
(a) to have acted in willful violation of the oath of allegiance and the
presidential oath set out in the Second Schedule to, or in willful violation
of any other provision of, this Constitution; or
(2) For the purposes of the removal from office of the President, a notice in
writing -
(a) signed by not less than one-third of all the members of Parliament, and
(b) stating that the conduct or the physical or mental capacity of the
President be investigated on any of the grounds specified in clause (1) of
55
this article, shall be given to the Speaker who shall immediately inform
the Chief Justice and deliver the notice to him copied to the President.
(3) The notice referred to in clause (2) of this article shall be accompanied by a
statement in writing setting out in detail the facts, supported by the necessary
documents, on which it is claimed that the conduct or the physical or mental
capacity of the President by investigated for the purposes of his removal from
office.
(4) Subject to clause (5) of this article, the Chief Justice shall, by constitutional
instrument, immediately convene a tribunal consisting of the Chief Justice as
Chairman and the four most senior Justices of the Supreme Court and the tribunal
shall inquire, in camera, whether there is a prima facie case for the removal of the
President.
(5) Where a notice under clause (2) of this article is delivered to the Chief Justice
in respect of the removal from office of the President on the grounds of physical
or mental incapacity, the Chief Justice shall, in consultation with the professional
head of the Ghana Health Services, causes a medical board to be convened which
shall consist of not less than four eminent medical specialists and the President
shall be informed accordingly.
(6) The President shall be invited to submit himself for examination by the
medical board within fourteen days after the appointment of the board.
(7) The President shall be entitled during the proceedings of the tribunal or of the
medical board to be heard in his defence by himself or by a lawyer or other expert
or person as the case may be, of his own choice.
(8) The Rules of Court Committee shall, by constitutional instrument, make rules
for the practice and procedure of the tribunal or of the medical board for the
removal of the President.
(9) Where the tribunal or medical board specified in clauses (4) and (5) of this
article determines that there is a prima facie case for the removal of the President
or that the President is by reason of physical or mental incapacity unable to
perform the functions of his office, the findings shall immediately be submitted to
the Speaker of Parliament through the Chief Justice and copied to the President.
(10) Parliament shall, within fourteen days after the date of the findings of the
tribunal or medical board, move a resolution whether or not the President shall be
removed from office.
(11) The resolution for the removal from office of the President shall be by a
secret ballot and shall be taken to be approved by Parliament if supported by the
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votes of not less than two-thirds of all the members of Parliament after prior
debate.
(12) The proceedings of Parliament for the removal of the President shall not be
held in camera except where Parliament otherwise orders in the interest of
national security.
(13) The President shall cease to hold office as President on the date Parliament
decides that he be removed from office.
(1) The President shall, acting in consultation with the Council of State, appoint-
(a) the Commissioner for Human Rights and Administrative Justice and
his Deputies;
(2) The President shall, acting on the advice of the Council of State, appoint the
Chairman, Deputy Chairmen, and other members of the Electoral Commission.
(1) The salaries and allowances payable, and the facilities and privileges
available, to-
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(b) the Chief Justice and the other Justices of the Superior Court of
Judicature;
(2) The salaries and allowances payable, and the facilities available, to the
President, the Vice-President, the chairman and the other members of the Council
of State; Ministers of State and Deputy Ministers, being expenditure charged on
the Consolidated Fund, shall be determined by Parliament on the
recommendations of the committee referred to in clause (1) of this article.
(3) For the purposes of this article, and except as otherwise provided in this
Constitution, "salaries" includes allowances, facilities and privileges and retiring
benefits or awards.
(1) The President may, acting in consultation with the Council of State-
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(c) substitute a less severe form of punishment for a punishment imposed
on a person for an offence; or
(2) Where a person is sentenced to death for an offence, a written report of the
case from the trial judge or judges, together with such other information derived
from the record of the case or elsewhere as may be necessary, shall be submitted
to the President.
(3) For the avoidance of doubt, it is hereby declared that a reference in this article
to a conviction or the imposition of a punishment, penalty, sentence or forfeiture
includes a conviction or the imposition of a punishment, penalty, sentence or
forfeiture by a court-marital or other military tribunal.
(1) The President shall, acting in consultation with the Council of State, appoint
persons to represent Ghana abroad.
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76. THE CABINET
(1) There shall be a Cabinet which shall consist of the President, the Vice-
President and not less than ten and not more than nineteen Ministers of State.
(2) The Cabinet shall assist the President in the determination of general policy of
the Government.
(3) There shall be a Secretary to the Cabinet who shall be appointed by the
President.
(1) The Cabinet shall be summoned by the President who shall preside at all its
meetings; and in the absence of the President, the Vice-President shall preside.
(1) Ministers of State shall be appointed by the President with the prior approval
of Parliament from among members of Parliament or persons qualified to be
elected as members of Parliament, except that the majority of Ministers of State
shall be appointed from among members of Parliament.
(2) The President shall appoint such number of Ministers of State as may be
necessary for the efficient running of the State.
(3) A Minister of State shall not hold any other office of profit or emolument
whether private or public and whether directly or indirectly unless otherwise
permitted by the Speaker acting on the recommendations of a committee of
Parliament on the ground-
(a) that holding that office will not prejudice the work of a Minister; and
(1) The President may, in consultation with a Minister of State, and with the prior
approval of Parliament, appoint one or more Deputy Ministers to assist the
Minister in the performance of his functions.
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(3) Clause (3) of article 78 applies to a Deputy Minister as it applies to a Minister
of State.
80. OATHS
A Minister of State or Deputy Minister shall not enter upon the duties of his
unless he has taken and subscribed the oath of allegiance, the oath of Minister of
State and the Cabinet oath, as the case may be, set out in the Second Schedule to
this Constitution.
The office of a Minister of State or a Deputy Minister shall become vacant if-
(d) he dies.
(1) Parliament may, by a resolution supported by the votes of not less than two-
thirds of all the members of Parliament, pass a vote of censure on a Minister of
State.
(2) A motion for the resolution referred to in clause (1) of this article shall not be
moved in Parliament unless-
(a) seven days' notice has been given of the motion; and
(b) the notice for the motion has been signed by not less than one-third of
all the members of Parliament;
(3) The motion shall be debated in Parliament within fourteen days after the
receipt by the Speaker of the notice for the motion.
(5) Where a vote of censure is passed against a Minister under this article the
President may, unless the Minister resigns his office, revoke his appointment as a
Minister.
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(6) For the avoidance of doubt this article applies to a Deputy Minister as it
applies to a Minister of State.
(1) There shall be a National Security Council which shall consist of-
(c) the Ministers for the time being holding the portfolios of foreign
affairs, defence, interior, and finance and such other Ministers as the
President may determine;
(d) the Chief of Defence Staff and two other members of the Armed
Forces;
(e) the Inspector-General of Police and two other members of the Police
Service, one of whom shall be the Commissioner of Police responsible for
Criminal Investigations Department;
(2) The President shall preside at meetings of the National Security Council and
in his absence the Vice-President shall preside.
(3) The President may, acting in consultation with the National Security Council,
invite such persons as he considers necessary for any deliberations of the Council.
(4) A person invited to participate in the deliberations of the Council under clause
(3) of this article shall not vote on any matter for decision before the Council.
(5) The National Security Council shall regulate the procedure at its meetings.
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(6) The Secretary to the Cabinet shall be the Secretary to the National Security
Council.
(ii) the Minister responsible for finance and such other Ministers of State
as the President may appoint;
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(v) one representative from each region of Ghana appointed by the
Regional Co-ordinating Council of the region;
(1) The Commission shall advise the President on development planning policy
and strategy.
(2) The Commission shall, at the request of the President or Parliament, or on its
own initiative-
(b) make proposals for the development of multi-year rolling plans taking
into consideration the resource potential and comparative advantage of the
different districts of Ghana;
(c) make proposals for the protection of the natural and physical
environment;
(d) make proposals for ensuring the even development of the districts of
Ghana by the effective utilization of available resources; and
(3) The Commission shall also perform such other functions relating to
development planning as the President may direct.
(2) The Attorney-General shall discharge such other duties of a legal nature as
may be referred or assigned to him by the President, or imposed on him by this
Constitution or any other law.
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(3) The Attorney-General shall be responsible for the initiation and conduct of all
prosecutions of criminal offences.
(4) All offences prosecuted in the name of the Republic of Ghana shall be at the
suit of the Attorney-General or any other person authorized by him in accordance
with any law.
(5) The Attorney-General shall be responsible for the institution and conduct of
all civil cases on behalf of the State; and all civil proceedings against the State
shall be instituted against the Attorney-General as defendant.
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CHAPTER NINE
(1) There shall be a Council of State to counsel the President in the performance
of his functions.
(i) one person who has previously held the office of Chief
Justice;
(ii) one person who has previously held the office of Chief
of Defence Staff of the Armed Forces of Ghana;
(3) The Council of State shall elect a chairman from among its members.
(4) A member of the Council of State shall, at the first meeting of the Council
which he attends, take and subscribe the oath of secrecy and the oath of a member
of the Council of State set out in the Second Schedule to this Constitution.
(5) A member of the Council of State shall hold office until the end of the term of
office of the President unless -
(a) that member resigns by writing signed by him and addressed to the
President; or
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(c) is removed from office or dies.
(7) The Chairman and members of the Council of State shall be entitled to such
allowances and privileges as may be determined in accordance with article 71 of
this Constitution.
(8) The allowances and privileges of the Chairman and other members of the
Council of State shall be charged on the Consolidated Fund and shall not be
varied to their disadvantage while they hold office.
(1) A bill which has been published in the Gazette or passed by Parliament shall
be considered by the Council of State if the President so requests.
(2) A request from the President for consideration of a bill may be accompanied
by a statement setting forth the amendments or changes, if any, which the
President proposes for consideration by the Council of State.
(3) Consideration of a bill under clause (1) of this article shall be completed
within thirty days after the third reading in Parliament of that bill except that
where the bill was passed under a certificate of urgency, the Council of State shall
consider it and report to the President within seventy-two hours.
(4) Where the Council of State decides not to propose an amendment to a bill the
Chairman shall, within seven days after the decision of the Council, transmit the
bill with a certificate to that effect addressed to the President.
(5) Where the Council of State decides to propose amendments to a bill, the bill,
with a memorandum setting forth the amendments proposed on the bill, shall be
transmitted by the chairman to the President within fifteen days after the
conclusion of the consideration by the Council of State.
(1) The Council of State shall consider and advise the President or any other
authority in respect of any appointment which is required by this Constitution or
any other law to b e made in accordance with the advice of, or in consultation
with, the Council of State.
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(2) The advice referred to in clause (1) of this article shall be given not later than
thirty days after the receipt of the request from the President or other authority.
(3) The Council of State may, upon request or on its own initiative, consider and
make recommendations on any matter being considered or dealt with by the
President, a Minister of State, Parliament or any other authority established by
this Constitution except that the President, Minister of State, Parliament or other
authority shall not be required to act in accordance with any recommendation
made by the Council of State under this clause.
(4) The Council of State shall perform such other functions as may be assigned to
it by this Constitution or any other law not inconsistent with this Constitution.
(1) The Council of State shall meet for the dispatch of business at least four times
in a year at such time and place as the Chairman my determine.
(b) Parliament; or
(3) The Council of States shall hold its meetings in camera but may admit the
public to any meetings whenever it considers it appropriate.
(4) The Chairman of the Council of State shall preside at every meeting of the
Council, and in his absence, a member of the Council elected by the members of
the Council shall preside.
(5) A question for decision by the Council of State shall not be proposed for
determination unless there are present in the Council more than one-half of all the
members of the Council.
(6) Except as otherwise provided in this Constitution, the question proposed shall
be determined by the majority of the members present and voting.
(7) The Council of State may, at any time, appoint any committees it considers
appropriate and assign to them any matter or investigation which the Council may
determine.
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(8) The Council of State may, with the approval of the President, commission
experts and consultants to advise it or to assist it in dealing with any specific issue
on such terms and conditions as it may determine.
(9) A member of the Council of State who is a party to, or is a partner in, a firm
which is a party to a contract with the Government shall, in any proceedings in the
Council of State relating to that contract, declare his interest or the interest of that
firm and shall not vote on any question relating to that contract.
(a) a vacancy in its membership, including a vacancy not filled when the
Council first meets; and
(11) Subject to the provisions of this Constitution, the Council of State may
regulate its own procedure.
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CHAPTER TEN
THE LEGISLATURE
(1) There shall be a Parliament of Ghana which shall consist of not less than one
hundred and forty elected members.
(2) Subject to the provisions of this Constitution, the legislative power of Ghana
shall be vested in Parliament and shall be exercised in accordance with this
Constitution.
(1) Subject to the provisions of this article, a person shall not be qualified to be a
member of Parliament unless -
(a) he is a citizen of Ghana, has attained the age of twenty-one years and is
a registered voter;
(c) he has paid all his taxes or made arrangements satisfactory to the
appropriate authority for the payment of his taxes.
(i) bankrupt under any law in force in Ghana and has not
been discharged or
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(i) for high crime under this Constitution or high treason or
treason or for an offence involving the security of the State,
fraud, dishonesty or moral turpitude; or
(b) is a member of the Police Service, the Prisons Service, the Armed
Forces, the Judicial Service, the Legal Service, the Civil Service, the Audit
Service, the Parliamentary Service, the Statistical Service, the Fire
Service, the Customs, Excise and Preventive Service, the Immigration
Service, or the Internal Revenue Service; or
(c) is a Chief.
(4) For the purposes of paragraph (d) of clause (2) of this article, in the case of
any finding made by a commission or committee of inquiry which is not a judicial
or quasi-judicial commission or committee of inquiry, without prejudice to any
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appeal against or judicial review of that finding, the finding shall not have the
effect of disqualifying a person under that paragraph unless it has been confirmed
by a Government white paper.
(a) ten years or more have passed since the end of the sentence or the date
for the publication of the report of the commission or committee of
inquiry; or
(1) 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 of Parliament.
(b) if he resigns from office by writing signed by him and addressed to the
Clerk to Parliament; or
(4) A person elected to the office of Speaker shall, before entering upon the duties
of his office, take and subscribe before Parliament the oath of allegiance and the
Speaker's oath set out in the Second Schedule to this Constitution.
(5) The Speaker shall receive such salary and allowances, and on retirement, such
retiring a wards as may be determined in accordance with article 71 of this
Constitution.
(6) The salary and allowances payable to the Speaker and any retiring awards
payable to him on retirement shall be charged on the Consolidated Fund.
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(7) The salary and other allowances payable to the Speaker shall not be varied to
his disadvantage during his tenure of office.
(a) who shall be elected by the members of Parliament from among the
members of Parliament; and
(b) both of whom shall not be members of the same political party.
(2) The members of Parliament shall elect a person to the office of Deputy
Speaker when Parliament first meets after a dissolution of Parliament and if the
office becomes vacant otherwise than by reason of a dissolution of Parliament, at
the first sitting off Parliament after the office becomes vacant.
(3) The provisions of clause (2) of article 95 of this Constitution shall apply in the
case of a Deputy Speaker.
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(g) if he leaves the party of which he was a member at the time of his
election to Parliament to join another party or seeks to remain in
Parliament as an independent member; or
(2) Notwithstanding paragraph (g) of clause (1) of this article, a merger of parties
at the national level sanctioned by the parties' Constitutions or membership of a
coalition government of which his original party forms part, shall not affect the
status of any member of Parliament.
(1) A member of Parliament shall be paid such salary and allowances and
provided with such facilities as may be determined in accordance with article 71
of this Constitution.
(2) A member of Parliament shall not hold any office of profit or emolument,
whether private or public and either directly or indirectly, unless permitted to do
so by the Speaker acting on the recommendations of a committee of Parliament
on the grounds that -
(a) holding that office will not prejudice the work of a member of
Parliament; and
(1) The High Court shall have jurisdiction to hear and determine any question
whether -
(a) a person has been validly elected as a member of Parliament or the seat
of a member has become vacant; or
(b) a person has been validly elected as a Speaker of Parliament or, having
been so elected, has vacated the office of Speaker.
(2) A person aggrieved by the determination of the High Court under this article
may appeal to the Court of Appeal.
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PROCEDURE IN PARLIAMENT
(1) A member of Parliament shall, before taking his seat in Parliament, take and
subscribe before the Speaker and in the presence of the members of Parliament,
the oath of allegiance and the oath of a member of parliament set out in the
Second Schedule to this Constitution.
(2) A member of Parliament may, before taking the oaths referred to in clause (1)
of this article, take part in the election of the Speaker.
The Speaker shall preside in Parliament at all sittings and in his absence a Deputy
Speaker shall preside.
A quorum of Parliament, apart from the person presiding, shall be one-third of all
the members of Parliament.
(1) Parliament shall appoint standing committees and other committees as may be
necessary for the effective discharge of its functions.
(2) The standing committees shall be appointed at the first meeting of Parliament
after the election of the Speaker and the Deputy Speakers.
(3) Committees of Parliament shall be charged with such functions, including the
investigation and inquiry into the activities and administration of ministries and
departments as parliament may determine; and such investigation and inquiries
may extend to proposals for legislation.
(4) Every member of Parliament shall be a member of at least one of the standing
committees.
(5) The composition of the committees shall, as much as possible, reflect the
different shades of opinion in Parliament.
(6) A committee appointed under this article shall have the powers, rights and
privileges of the High Court or a Justice of the High Court at a trial for -
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(b) compelling the production of documents; and
(2) The Speaker shall have neither an original nor casting vote.
(3) Where the votes on any motion are equal it shall be taken to be lost.
(4) Where Parliament is considering a bill to amend the Constitution, or where the
voting is in relation to the election or removal of any person under this
Constitution or under any other law, voting shall be in secret.
(1) The power of Parliament to make laws shall be exercised by bills passed by
parliament and assented to by the President.
(2) No bill, other than such a bill as is referred to in paragraph (a) of article 108 of
this Constitution, shall be introduced in parliament unless -
(b) it has been published in the Gazzette at least fourteen days before the
date of its introduction in Parliament.
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(3) A bill affecting the institution of chieftaincy shall not be introduced in
Parliament without prior reference to the National House of Chiefs.
(4) Whenever a bill is read the first time in Parliament, it shall be referred to the
appropriate committee appointed under article 103 of this Constitution which
shall examine the bill in detail and make all such inquiries in relation to it as the
committee considers expedient or necessary.
(5) Where a bill has been deliberated upon by the appropriate committee, it shall
be reported to Parliament.
(6) The report of the committee, together with the explanatory memorandum to
the bill, shall form the basis for a full debate on the bill for its passage, with or
without amendments, or its rejection, by Parliament.
(7) Where a bill passed by Parliament is presented to the President for assent he
shall signify, within seven days after the refuses to assent to the bill, unless the
bill has been referred by the President to the Council of State under article 90 of
this Constitution.
(8) Where the President refuses to assent to a bill, he shall, within fourteen days
after the refusal -
(b) inform the Speaker that he has referred the bill to the Council of State
for consideration and comment under article 90 of this Constitution.
(9) Parliament shall reconsider a bill taking into account the comments made by
the President or the Council of State, as the case may be, under clause (8) of this
article.
(10) Where a bill reconsidered under clause (9) of this article is passed by
Parliament by a resolution supported by the votes of not less than two-thirds of all
the members of Parliament, the President shall assent to it within thirty days after
passing of the resolution.
(12) The provisions of clauses (7) to (10) of this article shall not apply to a bill
certified by the Speaker as a bill to which the provisions of article 108 of this
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Constitution apply; and accordingly, the President shall give his assent to any
such bill when presented for assent.
(a) to alter the decision or judgement of any court as between the parties
subject to that decision or judgement; or
Parliament shall not, unless the bill is introduced or the motion is introduced by,
or on behalf of, the President -
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(iv) the composition or remission of any debt due to the
Government of Ghana; or
(1) Parliament may by law regulate professional, trade and business organisations.
(2) The affairs of an organisation referred to in clause (1) of this article shall be
conducted on democratic lines.
(1) A session of Parliament shall be held at such place within Ghana and shall
commence at such time as the Speaker may, by constitutional instrument, appoint.
(2) A session of Parliament shall be held at least once a year, so that the period
between the last sitting of Parliament in one session and the first sitting of
Parliament in the next session does not amount to twelve months.
(3) Notwithstanding any other provision of this article fifteen percent of members
of Parliament may request a meeting of Parliament; and the Speaker shall, within
seven days after the receipt of the request, summon Parliament.
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(4) Subject to clause (2) of article 113 of this Constitution, a general election of
members of Parliament shall be held within thirty days before the expiration of
the period specified in clause (1) of that article; and a session of Parliament shall
be appointed to commence within fourteen days after the expiration of that period.
(5) Whenever a vacancy occurs in Parliament, the Clerk 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.
(6) Notwithstanding clause (5) of this article, a by-election shall not be held
within three months before the holding of a general election.
(1) Subject to clause (2) of this article, parliament shall continue for four years
from the date of its first sitting and shall then stand dissolved.
(2) At any time when Ghana is actually engaged in war, Parliament may, from
time to time by resolution supported by the votes of not less than two-thirds of all
the members of Parliament, extend the period of four years specified in clause (1)
of this article for not more than twelve months at a time, except that the life of
Parliament shall not be extended under this clause for more than four years.
(3) Where, after a dissolution of Parliament but before the holding of a general
election, the President is satisfied that owing to the existence of a state of war or
of a state of public emergency in Ghana or any part of Ghana, it is necessary to
recall Parliament, the President shall cause to be summoned the Parliament that
has been dissolved to meet.
(4) Unless the life of Parliament is extended under the provisions of clause (2) of
this article, the general election of members of Parliament shall proceed and the
Parliament that has been recalled shall, if not sooner dissolved, again stand
dissolved on the date appointed for the general election.
(1) A person who has served as a member of Parliament for a period of not 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 his personal representatives, as the case
may be, as shall be determined by the President, acting in consultation with the
Committee referred to in article 71 of this Constitution.
(2) For the purpose of clause (1) of this article, the period of four years specified
in that clause shall be interpreted to mean four continuous years, and accordingly,
any period when the member is out of office as a member, otherwise than by
dissolution of Parliament, shall not be taken into account.
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PRIVILEGES AND IMMUNITIES
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.
(1) Subject to the provisions of this article, but without prejudice to the general
effect of article 115 of this Constitution, civil or criminal proceedings shall not be
instituted against a member of Parliament in any court or place out of Parliament
for any matter or thing brought by him in or before Parliament by petition, bill,
motion or otherwise.
(3) Where the committee referred to in clause (2) of this article reports to
parliament that the statement made by the member is defamatory of any person,
the member who made the statement shall, within seven days after that report,
render an apology at the bar of Parliament committee on privileges and
communicated to the person who has been defamed.
(4) Where a member refuses to render an apology in accordance with clause (3) of
this article, the Speaker shall suspend that member for the duration of the session
of parliament in which the defamatory statement was made and a member so
suspended shall lose his parliamentary privileges, immunities and remuneration,
but they shall be restored to him if, at any time before the end of the session, he
renders the apology as required by clause (3) of this article.
(6) If a person fails to publish the apology as required by clause (5) of this article,
he shall not be protected by privilege.
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117. IMMUNITY FROM SERVICE OF PROCESS AND ARREST
Civil or criminal process coming from any court or place out of Parliament shall
not be served on, or executed in relation to, the Speaker or a member or the clerk
to Parliament while he is on his way to, attending at or returning from, any
proceedings of Parliament.
(1) Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be
compelled, while attending Parliament to appear as a witness in any court or place
out of Parliament.
(2) The certificate of the Speaker that a member or the Clerk is attending the
proceedings of Parliament is conclusive evidence of attendance at Parliament.
Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be
required to serve on a jury in any court or place out of Parliament.
Subject to the provisions of this Constitution, a person shall not be under any civil
or criminal liability in respect of the publication of -
(a) the text or a summary of any report, papers, minutes, votes and
proceedings of Parliament; or
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(i) that the document belongs to a class of documents, the
production of which is injurious to the public interest; or
CONTEMPT OF PARLIAMENT
(1) There shall be a Parliamentary Service which shall form part of the public
services of Ghana.
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(2) There shall be a Parliamentary Service Board which shall consist of -
(3) There shall be a Clerk to Parliament who shall be the head of the
Parliamentary Service.
(4) The appointment of the Clerk and the other members of his staff in the
Parliamentary Service shall be made by the parliamentary Service Board in
consultation with the Public Services Commission.
(5) The Parliamentary Service Board shall, with the prior approval of Parliament,
make regulations, by constitutional instrument, prescribing the terms and
conditions of service of the officers and other employees in the Parliamentary
Service and generally for the effective and efficient administration of the
Parliamentary Service.
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CHAPTER ELEVEN
THE JUDICIARY
GENERAL
(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.
(3) The judicial power of Ghana shall be vested in the Judiciary, accordingly,
neither the President nor Parliament nor any organ or agency of the President or
Parliament shall have or be given final judicial power.
(4) The Chief Justice shall, subject to this Constitution, be the Head of the
Judiciary and shall be responsible for the administration and supervision of the
Judiciary.
(5) The Judiciary shall have jurisdiction in all matters civil and criminal,
including matters relating to this Constitution, and such other jurisdiction as
Parliament may, by law, confer on it.
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(2) The Superior Courts shall be superior courts of record and shall have the
power to commit for contempt to themselves and all such powers as were vested
in a court of record immediately before the coming into force of this constitution.
(4) In the exercise of the judicial power conferred on the Judiciary by this
Constitution or any other law, the Superior Courts may, in relation to any matter
within their jurisdiction, issue such orders and directions as may be necessary to
ensure the enforcement of any judgement, decree or order of those courts.
(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 interfered
with Judges or judicial officers or other persons exercising judicial power, in the
exercise of their judicial functions; and all organs and agencies of the State shall
accord to the courts such assistance as the courts may reasonably require to
protect the independence, dignity and effectiveness of the courts, subject to this
Constitution.
(3) A Justice of a Superior Court, or any person exercising judicial power, shall
not be liable to any action or suit for any act or omission by him in the exercise of
the judicial power.
(5) The salary, allowances, privileges and rights in respect of leave of absence,
gratuity, pension and other conditions of service of a Justice of the superior court
or any judicial officer or other person exercising judicial power, shall not be
varied to his disadvantage.
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(7) For the purposes of clause (1) of this article, "financial administration"
includes the operation of banking facilities by the Judiciary without the
interference of any person or authority, other than for the purposes of audit by the
Auditor-General, of the funds voted by Parliament or charged on the Consolidated
Fund by this Constitution or any other law, for the purposes of defraying the
expenses of the Judiciary in respect of which the funds were voted or charged.
(1) The Supreme court shall consist of the Chief Justice and not less than nine
other Justices of the Supreme Court.
(2) The Supreme Court shall be duly constituted for its work by not less than five
Supreme Court Justices except as otherwise provided in article 133 of this
Constitution.
(3) The Chief Justice shall preside at sittings of the Supreme Court and in his
absence, the most senior of the Justices of the Supreme Court, as constituted, shall
preside.
(4) A person shall not be qualified for appointment as a Justice of the Supreme
Court unless he is of high moral character and proven integrity and is of not less
than fifteen years' standing as a lawyer.
(1) The Supreme Court shall be the final court of appeal and shall have such
appellate and other jurisdiction as may be conferred on it by this Constitution or
by any other law.
(2) The Supreme Court shall not be bound to follow the decisions of any other
court.
(3) The Supreme Court may, while treating its own previous decisions as
normally binding, depart from a previous decision when it appears to it right to do
so; and all other courts shall be bound to follow the decisions of the Supreme
Court on questions of law.
(4) For the purposes of hearing and determining a matter within its jurisdiction
and the amendment, execution or the enforcement of a judgement or order made
on any matter, and for the purposes of any other authority, expressly or by
necessary implication given to the Supreme Court by this Constitution or any
other law, the Supreme Court shall have all the powers, authority and Jurisdiction
vested in any court established by this Constitution or any other law.
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130. ORIGINAL JURISDICTION OF SUPREME COURT
(1) Subject to the jurisdiction of the High Court in the enforcement of the
Fundamental Human Rights and Freedoms as provided in article 33 of this
Constitution, the Supreme Court shall have exclusive original jurisdiction in -
(2) Where an issue that relates to a matter or question referred to in clause (1) of
this article arises in any proceedings in a court other than the Supreme Court, that
court shall stay the proceedings and refer the question of law involved to the
Supreme Court for determination; and the court in which the question arose shall
dispose of the case in accordance with the decision of the Supreme Court.
(1) An appeal shall lie from a judgement of the Court of Appeal to the Supreme
Court-
(b) with the leave of the Court of Appeal, in any other cause or matter,
where the case was commenced in a court lower than the High Court or a
Regional Tribunal and where the Court of Appeal is satisfied that the case
involves a substantial question of law or is in the public interest.
(2) Notwithstanding clause (1) of this article, the Supreme Court may entertain
application for special leave to appeal to the Supreme Court in any cause or
matter, civil or criminal, and may grant leave accordingly.
(3) The Supreme Court shall have appellate jurisdiction, to the exclusion of the
Court of Appeal, to determine matters relating to the conviction or otherwise of a
person for high treason or treason by the High Court.
(4) An appeal from a decision of the Judicial Committee of the National House of
Chiefs shall lie to the Supreme Court with the leave of that Judicial Committee or
the Supreme Court.
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132. SUPERVISORY JURISDICTION OF SUPREME COURT
The Supreme Court shall have supervisory jurisdiction over all courts and over
any adjudicating authority and may, in the exercise of that supervisory
jurisdiction, issue orders and directions for the purpose of enforcing or securing
the enforcement of its supervisory power.
(1) The Supreme Court may review any decision made or given by it on such
grounds and subject to such conditions as may be prescribed by rules of court.
(2) The Supreme Court, when reviewing its decisions under this article, shall be
constituted by not less than seven Justices of the Supreme Court.
A single Justice of the Supreme Court may exercise power vested in the Supreme
Court not involving the decision of the cause or matter before the Supreme Court,
except that -
(b) in civil matters, any order, direction or decision made or given under
this article may be varied, discharged or reversed by the Supreme Court
constituted by three Justices of the Supreme Court.
(1) The Supreme Court shall have exclusive jurisdiction to determine whether an
official document shall not be produced in court because its production or the
disclosure of its contents will be prejudicial to the security of the State or will be
injurious to the public interest.
(2) Where any issue referred to in clause (1) of this article arises as to the
production or otherwise of an official document in any proceedings before any
court, other than the Supreme Court, the proceedings in that other court shall be
suspended while the Supreme Court examines the document and determines
whether the document should be produced or not; and the Supreme Court shall
make the appropriate order.
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THE COURT OF APPEAL
(b) subject to clauses (2) and (3) of this article, not less than ten Justices of
the Court of Appeal; and
(c) such other Justices of the Superior Court of Judicature as the Chief
Justice may, for the determination of a particular cause or matter by
writing signed by him, request to sit in the Court of Appeal for any
specified period.
(2) The Court of Appeal shall be duly constituted by any three of the Justices
referred to in clause (1) of this article and when so constituted, the most senior of
the justices shall preside.
(3) A person shall not be qualified for appointment as a Justice of the Court of
Appeal unless he is of high moral character and proven integrity and is of not less
than twelve years' standing as a lawyer.
(4) The Chief Justice may create such divisions of the Court of Appeal as he
considers necessary to sit in such places as he may determine.
(5) Subject to clause (3) of article 129 of this Constitution, the Court of Appeal
shall be bound by its own previous decisions; and all courts lower than the Court
of Appeal shall follow the decisions of the Court of Appeal on questions of law.
(1) The Court of Appeal shall have jurisdiction throughout Ghana to hear and
determine, subject to the provisions of this Constitution, appeals from a
judgement, decree or order of the High Court and Regional Tribunals and such
other appellate jurisdiction as may be conferred on it by this Constitution or any
other law.
(3) For the purposes of hearing and determining an appeal within its jurisdiction
and the amendment, execution or the enforcement of a judgment or order made on
any appeal, and, for the purposes of any other authority expressly or by necessary
90
implication given to the Court of Appeal by this Constitution or any other law, the
Court of Appeal shall have all the powers, authority and jurisdiction vested in the
court from which the appeal is brought.
A single Justice of the Court of Appeal may exercise a power vested in the Court
of Appeal not involving the decision of a cause or matter before the Court of
Appeal, except that -
(b) not less than twenty Justices of the High Court; and
(c) such other Justice of the Superior Court of Judicature as the Chief
Justice may, by writing signed by him, request to sit as High Court Justice
for any period.
(d) by three Justices of the Court for the trial of the offence of high treason
or treason as required by article 19 of this Constitution.
(3) There shall be in the High Court such divisions consisting of such number of
Justice respectively as the Chief Justice may determine.
(4) A person shall not be qualified for appointment as a Justice of the High Court
unless he is a person of high moral character and proven integrity and is of at least
ten years' standing as a lawyer.
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140. JURISDICTION OF THE HIGH COURT
(1) The High Court shall, subject to the provisions of this Constitution, have
jurisdiction in all matters and in particular, in civil and criminal matters and such
original, appellate and other jurisdiction as may be conferred on it by this
Constitution or any other law.
(2) The High Court shall have jurisdiction to enforce the Fundamental Human
Rights and Freedoms guaranteed by this Constitution.
(3) The High Court shall have no power, in a trial for the offence of high treason
or treason, to convict any person for an offence other than treason or treason.
(4) A Justice of the High Court may, in accordance with rules of court, exercise in
court or in chambers, all or any of the jurisdiction vested in the High Court by this
Constitution or any other law.
(5) For the purposes of hearing and determining an appeal within its jurisdiction
and the amendment, execution or the enforcement of a judgment or order made on
any appeal, and for the purposes of any other authority, expressly or by necessary
implication given to the High Court by this Constitution or any other law, the
High Court shall have all the powers, authority and jurisdiction vested in the
Court from which the appeal is brought.
The High Court shall have supervisory jurisdiction over all lower courts and any
lower adjudicating authority; and may, in the exercise of that jurisdiction, issue
orders and directions for the purpose of enforcing or securing the enforcement of
its supervisory powers
REGIONAL TRIBUNALS
(1) There shall be established in each region of Ghana such Regional Tribunals as
the chief Justice may determine.
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(c) such members who may or may not be lawyers as shall designated by
the Chief Justice to sit as panel members of a Regional Tribunal and for
such period as shall be specified in writing by the Chief Justice.
(1) A Regional Tribunal shall have jurisdiction to try such offences against the
State and the public interest as Parliament may, by law, prescribe.
(2) A Regional Tribunal shall have such appellate jurisdiction relating to the
matters described in clause (1) of this article, as may be prescribed by law.
(3) For the purpose of hearing and determining an appeal within its jurisdiction
and the amendment, execution or enforcement of a judgment or order on any
appeal, and for the purposes of any other authority expressly or by necessary
implication given to it by this Constitution or any other law, a Regional Tribunal
shall have all the powers, authority and jurisdiction vested in the tribunal from
which the appeal is brought.
(1) The Chief Justice shall be appointed by the President acting in consultation
with the Council of State and with the approval of Parliament.
(2) The other Supreme Court Justices shall be appointed by the President acting
on the advice of the Judicial Council, in consultation with the Council of State
and with the approval of Parliament.
(3) Justices of the Court of Appeal and of the High Court and Chairmen of
Regional Tribunals shall be appointed by the President acting on the advice of the
judicial Council.
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(4) Panel members of Regional Tribunals other than the Chairmen shall be
appointed by the Chief Justice in consultation with the Regional Co-ordinating
Council for the region and on the advice of the Judicial Council.
(5) Justices of the Superior Courts and Chairmen of Regional Tribunals shall be
appointed by warrant under the hand of the President and sealed by the
Presidential seal.
(6) Where the office of Chief Justice is vacant, or where the Chief Justice is for
any reason unable to perform the functions of his office -
(a) until a person has been appointed to, and has assumed the functions of,
that office; or
(b) until the person holding that office has resumed the functions of that
office; as the case may be,
(7) The office of a Justice of the Superior Court shall not be abolished while there
is a substantive holder in office.
(8) A Chairman of a Regional Tribunal shall enjoy the same salary, allowances,
and gratuity and pension conditions as a Justice of the High Court.
(9) Where the office of a Justice of the High Court or a Chairman of the Regional
Tribunal is vacant or for any reason, a Justice of the High Court or a chairman of
the Regional Tribunal is unable to perform the functions of his office, or if the
Chief Justice advises the President that the state of business in the High Court or
Regional Tribunal so requires, the President may, acting in accordance with the
advice of the Judicial Council, appoint a person who has held office as, or a
person qualified for appointment as, a Justice of the High Court or a Chairman of
the Regional Tribunal to act as a Justice of the High Court or a chairman of the
Regional Tribunal.
(10) A person appointed under clause (9) of this article to act as a Justice of the
High Court or a Chairman of the Regional Tribunal shall continue to act for the
period of his appointment or, where no period is specified, until his appointment
is revoked by the President, acting in accordance with the advice of the Judicial
Council.
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relation to proceedings that were commenced before him previous to the
expiration or revocation.
(a) in the case of a Justice of the Supreme Court or the Court of Appeal,
on attaining the age of seventy years; or
(c) upon his removal from office in accordance with article 146 of this
Constitution.
(4) Notwithstanding that he has attained the age at which he is required by this
article to vacate his office, a person holding office as a Justice of a Superior Court
or Chairman of a Regional Tribunal may continue in office for a period not
exceeding six months after attaining that age, as may be necessary to enable him
to deliver judgment or do any other thing in relation to proceedings that were
commenced before him previous to his attaining that age.
(1) A Justice of the Superior Court or a Chairman of the Regional Tribunal shall
not be removed from office except for stated misbehaviour or incompetence or on
ground of inability to perform the functions of his office arising from infirmity of
body or mind.
(3) If the President receives a petition for the removal of Justice of a Superior
Court other than the Chief Justice or for the removal of the Chairman of a
95
Regional Tribunal, he shall refer the petition to the Chief Justice, who shall
determine whether there is a prima facie case.
(4) Where the Chief Justice decides that there is a prima facie case, he shall set up
a committee consisting of three Justices of the Superior Courts or Chairmen of the
Regional Tribunals or both, appointed by the Judicial council and two other
persons who are not members of the Council of State, nor members of Parliament,
nor lawyers, and who shall be appointed by the Chief Justice on the advice of the
Council of State.
(5) The committee appointed under clause (4) of this article shall investigate the
complaint and shall make its recommendations to the Chief Justice who shall
forward it to the President.
(6) Where the petition is for the removal of the Chief Justice, the President shall,
acting in consultation with the Council of State, appoint a committee consisting of
two Justices of the Supreme Court, one of whom shall be appointed chairman by
the President, and three other persons who are not members of the Council of
State, nor members of Parliament, nor lawyers.
(7) The committee appointed under clause (6) of this article shall inquire into the
petition and recommend to the President whether the Chief Justice ought to be
removed from office.
(8) All proceedings under this article shall be held in camera, and the Justice or
Chairman against whom the petition is made is entitled to be heard in his defence
by himself or by a lawyer or other expert of his choice.
(9) The President shall, in each case, act in accordance with the recommendations
of the committee.
(10) Where a petition has been referred to a committee under this article, the
President may -
(a) in the case of the Chief Justice, acting in accordance with the advice of
the Council of State, by warrant signed by him, suspend the Chief Justice;
(11) The President may, at any time, revoke a suspension under this article.
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147. SERVICE CONDITIONS AND REMOVAL OF PANEL MEMBERS OF REGIONAL
TRIBUNAL OTHER THAN THAT CHAIRMEN
(1) A panel member of a Regional Tribunal, other than the Chairman, shall have
such allowances and benefits as may be determined by the President acting on the
advice of the Judicial Council.
(2) A panel member of a Regional Tribunal other than the Chairman may be
removed by the Chief Justice acting on the advice of the Judicial Council and of
the Regional Co-ordinating Council on grounds of stated misbehaviour or
incompetence or on ground of inability to perform his functions arising from
infirmity of body or mind.
(3) For the purposes of clause (2) of this article the panel member concerned is
entitled to be heard in his defence by himself or by a lawyer or other expert of his
choice.
Subject to the provisions of this article, the power to appoint persons to hold or to
act in a judicial office shall be vested, subject to the approval of the President in
the Chief Justice acting on the advice of the Judicial Council.
Judicial officers shall received such salaries, allowances, facilities and privileges
and other benefits as the President may, acting on the advice of the Judicial
Council determine.
(a) may retire from his office at any time after attaining the age of
forty-five years; and
(b) shall vacate his office on attaining the age of sixty years.
(2) A judicial officer may resign his office by writing addressed to the Chief
Justice.
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151. REMOVAL OF JUDICIAL OFFICERS
(1) A person holding a judicial office may be removed from office by the Chief
Justice on grounds only of stated misbehaviour, incompetence or inability to
perform his functions arising from infirmity of body or mind and upon a
resolution supported by the votes of not less than two-thirds of all the members of
the Judicial Council.
(2) For the purpose of clause (1) of this article, the judicial officer shall be entitled
to be heard in his defence by himself or by a lawyer or other expert of his choice.
(1) A panel member of a lower court or tribunal other than the person presiding -
(a) shall be appointed by the Chief Justice acting on the advice of the
Judicial Council and in consultation with the relevant District Assembly
from among persons of high moral character and proven integrity;
(b) shall be paid such allowances and benefits as the Judicial Council may
determine; and
(c) may be removed by the Chief Justice on the advice of the Judicial
Council on ground of stated misbehaviour, incompetence or inability to
perform his functions arising from infirmity of body or mind.
(2) For the purpose of paragraph (c) of this article the panel member concerned is
entitled to be heard in his defence by himself or by a lawyer or other expert of his
choice.
There shall be a Judicial Council which shall comprise the following persons -
(d) a Justice of the Court of Appeal nominated by the Justices of the Court
of Appeal;
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(e) a Justice of the High court nominated by the Justices of the High
Court;
(f) two representatives of the Ghana Bar Association one of whom shall be
a person of not less than twelve years' standing as a lawyer.
(n) four other persons who are not lawyers appointed by the President
(2) The Judicial Council may establish such committees as it considers necessary
to which it shall refer matters relating to the Judiciary.
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MISCELLANEOUS
(1) Notwithstanding the provisions of this Chapter, a Justice of the Superior Court
of Judicature who has attained the age of sixty years or above, shall, on retiring, in
addition to any gratuity payable to him, be paid a pension equal to the salary
payable for the time being to a Justice of the Superior Court from which he retired
where -
(a) he has served for ten continuous years or more as a Justice of the
Superior Court of Judicature; or
(b) he has served for twenty years or more in the public service at least
five continuous years of which were as a Justice of the Superior Court of
Judicature; and upon retirement under this clause, he shall not hold any
private office of profit or emolument whether directly or indirectly.
(2) For the avoidance of doubt, the pension paid to a person under clause (1) of
this article shall be subject to the same changes and increases as the salary of a
serving Justice of the Superior Court of Judicature.
(3) A Justice of the Superior Court of Judicature may, in lieu of retiring under
clause (1) of this article, retire if he has attained the age prescribed as retiring age
for public officers generally, and shall be paid retiring awards based on his total
public service, including service as a Justice of the Superior Court of Judicature,
but otherwise at the same rate as is, for the time being applicable to the public
service generally.
(1) A Justice of a Superior Court, the Chairman of a Regional Tribunal, and also a
person presiding over a lower court or tribunal, and any other judicial officer or
person whose functions involve the exercise by him of judicial power shall,
before assuming the exercise of the duties of his office, take and subscribe the
oath of allegiance and the Judicial Oath set out in the Second Scheduled to this
Constitution.
(2) The President may, on the advice of the Chief Justice, direct that any other
person connected with the exercise of judicial power, shall take and subscribe the
Judicial Oath.
(3) The oath of allegiance and the judicial oath required by this article shall be
taken and subscribed
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(a) in the case of the Chief Justice or other justice of a Superior Court, and
a Chairman of a Regional Tribunal, before the President; and
(b) in the case of any other person, before the Chief Justice or before any
other Justice of a Superior Court or Chairman of a Regional Tribunal as
the Chief Justice may direct.
(b) six members of the Judicial Council other than the chief Justice
nominated by the Judicial Council;
(c) two lawyers, one of not less than ten and the other of not more than
five years' standing, both of whom shall be nominated by the Ghana Bar
Association.
(2) The Rules of Court Committee shall, by constitutional instrument, make rules
and regulations for regulating the practice and procedure of all courts in Ghana.
(3) Without prejudice to clause (2) of this article, no person sitting in a superior
Court for the determination of any cause or matter shall, having heard the
arguments of the parties to that cause or matter and before judgment is delivered,
withdraw as a member of the court or tribunal, or as a member of panel
determining that cause or matter, nor shall that person become functus officio in
respect of that cause or matter, until judgment is delivered.
(1) The appointment of officers and employees of the Courts other than those
expressly provided for by other provisions of this Constitution, shall be made by
the Chief Justice or other Justice or other officer of the Court as the Chief Justice
may direct in writing.
(2) The Judicial Council shall, acting in consultation with the Public Services
Commission and with the prior approval of the President, by constitutional
instrument, make regulations prescribing the terms and conditions of service of
the persons to whom clause (1) of this article applies.
The Chief Justice may, acting in accordance with the advice of the Judicial
Council and with the approval of the President, by constitutional instrument,
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make regulations for the efficient performance of the functions of the Judicial
Service and the Judicial Council under this Chapter.
The fees, fines and other moneys paid to the Courts shall form part of the
Consolidated Fund.
161. INTERPRETATION
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CHAPTER TWELVE
(2) Subject to this Constitution and any other law not inconsistent with this
Constitution, there shall be no censorship in Ghana.
(4) Editors and publishers of newspapers and other institutions of the mass media
shall not be subject to control or interference by Government, not shall they be
penalized or harassed for their editorial opinions and views, or the content of their
publications.
(5) All agencies of the mass media shall, at all times, be free to uphold the
principles, provisions and objectives of this Constitution, and shall uphold the
responsibility and accountability of the Government to the people of Ghana.
(6) Any medium for the dissemination of information to the public which
publishes a statement about or against any person shall be obliged to publish a
rejoinder, if any, from the person in respect of whom the publication was made.
All state-owned media shall afford fair opportunities and facilities for the
presentation of divergent views and dissenting opinions.
The provisions of articles 162 and 163 of this Constitution are subject to laws that
are reasonably required in the interest of national security, public order, public
morality and for the purpose of protecting the reputations, rights and freedoms of
other persons.
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165. MEDIA RIGHTS AND FEEDOMS TOO BE ADDITIONAL TO FUNDAMENTAL
HUMAN RIGHTS
For the avoidance of doubt, the provisions of this Chapter shall not be taken to
limit the enjoyment of any of the fundamental human rights and freedoms
guaranteed under Chapter 5 of this Constitution.
(1) There shall be established by Act of Parliament within six months after
Parliament first meets after the coming into force of this Constitution, a National
Media Commission which shall consist of fifteen members as follows -
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167. FUNCTIONS OF THE COMMISSION
(a) to promote and ensure the freedom and independence of the media for
mass communication or information;
The Commission shall appoint the chairmen and other members of the governing
bodies of public corporations managing the state -owned media in consultation
with the President.
The Commission shall appoint the officers and other employees of the
Commission in consultation with the Public Services Commission.
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172. INDEPENDENCE OF COMMISSION
Subject to article 167 of this Constitution, the National Media Commission shall
not exercise any control or direction over the professional functions of a person
engaged in the production of newspapers or other means of communication.
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CHAPTER THIRTEEN
FINANCE
GENERAL
174. TAXATION
(2) Where an Act, enacted in accordance with clause (1) of this article, confers
power on any person or authority to waive or vary a tax imposed by that Act, the
exercise of the power of waiver or variation, in favour of any person or authority,
shall be subject to the prior approval of Parliament by resolution.
(3) Parliament may be resolution, supported by the votes of not less than two-
thirds of all members of Parliament, exempt the exercise of any power from the
provisions of clause (2) of this article.
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.
(1) There shall be paid into the Consolidated Fund, subject to the provisions of
this article -
(a) all revenues or other moneys raised or received for the purposes of, or
on behalf of, the Government; and
(b) any other moneys raised or received in trust for, or on behalf of, the
Government,
(2) The revenues or other moneys referred to in clause (1) of this article shall not
include revenues or other moneys -
(a) that are payable by or under an Act of Parliament into some other fund
established for specific purposes; or
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(b) that may, be or under an Act of Parliament, be retained by the
department of government that received them for the purposes of
defraying the expenses of that department.
(1) There shall be paid into the Contingency Fund moneys voted for the purpose
by Parliament; and advances may be made from that Fund which are authorized
by the committee responsible for financial measures in Parliament whenever that
committee is satisfied that there has arisen an urgent or unforeseen need for
expenditure for which no other provision exists to meet the need.
(2) 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 authorized by or under the authority of an Act of Parliament.
(1) The President shall cause to be prepared and laid before Parliament at least
one month before the end of the financial year, estimates of the revenues and
expenditure of the Government of Ghana for the following financial year.
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(2) The estimates of the expenditure of all public offices and public corporations,
other than those set up as commercial ventures-
(3) The Chief Justice shall, in consultation with the Judicial Council, cause to be
submitted to the President at least two months before the end of each financial
year, and thereafter as and when the need arises.
(4) The President shall, at the time specified in clause (1) of this article, or
thereafter, as and when submitted to him under clause (3) of this article, cause the
estimated referred to in clause (3) of this article to be laid before Parliament.
(5) The estimates shall be laid before Parliament under clause (4) by the President
without revision but with any recommendations that the Government may have on
them.
(7) Parliament shall prescribe the procedure for the presentation of Appropriation
Bills.
(8) Where, in respect of a financial year, it is found that the amount of moneys
appropriated by the Appropriation Act for any purpose is insufficient or that a
need has arisen for expenditure for a purpose for which no sum of moneys has
been appropriated by that Act, a supplementary estimate showing the sum of
money required, shall be laid before Parliament for its approval.
(9) Where, in the case of a financial year, a supplementary estimate has been
approved by Parliament in accordance with clause (8) of this article, a
supplementary Appropriation Bill shall be introduced into Parliament in the
financial year next following the financial year to which the estimates relates,
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providing for the appropriation of the sum so approved for the purposes specified
in that estimate.
(10) Notwithstanding the provisions of the preceding clauses of this article, the
President may cause to be prepared and laid before Parliament, estimates of
revenue and expenditure of Ghana for periods of over one year.
(11) Whenever in the estimates prepared in accordance with clauses (1) and (8) of
this article provision is made for an item or vote other than for the Contingency
Fund, not relating to a specific item of expenditure, any moneys voted by
Parliament in respect of that item or vote shall be under the control and
supervision of a Committee which shall consist of the President, the Speaker and
the Chairman of the Council of the Council of State.
Where it appears to the President that the Appropriation Act in respect of any
financial year will not come into operation by the beginning of that financial year,
he may, with the prior approval of Parliament by a resolution, authorise the
withdrawal of moneys from the Consolidated Fund for the purpose of meeting
expenditure necessary to carry on the services of the Government in respect of the
period expiring three months from the beginning of the financial year or on the
coming into operation of the Act whichever is earlier.
181. LOANS
(1) Parliament may, be a resolution supported by the votes of a majority of all the
members of Parliament, authorise the Government to enter into an agreement for
the granting of a loan out of any public fund or public account.
(2) An agreement entered into under clause (1) of this article shall be laid before
Parliament and shall not come into operation unless it is approved by a resolution
of Parliament.
(3) No loan shall be raised by the Government on behalf of itself or any other
public institution or authority otherwise than by or under the authority of an Act
of Parliament.
(4) An Act of Parliament enacted in accordance with clause (3) of this article shall
provide -
(a) that the terms and conditions of a loan shall be laid before Parliament
and shall not come into operation unless they have been approved by a
resolution of Parliament; and
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(b) that any moneys received in respect of that loan shall be paid into the
Consolidated Fund and form part of that Fund or into some other public
fund of Ghana either existing or created for the purposes of the loan.
(5) This article shall, with the necessary modifications by Parliament, apply to an
international business or economic transaction to which the Government is a party
as it applies to a loan.
(6) For the purposes of this article, "loan" includes any moneys lent or given to or
by the Government on condition of return or repayment, and any other form of
borrowing or lending in respect of which -
(a) moneys from the Consolidated Fund or any other public fund may be
used for payment or repayment; or
(b) moneys from any fund by whatever name called, established for the
purposes of payment or repayment whether directly or indirectly, may be
used for payment or repayment.
(7) The Minister responsible for finance shall, at such times as Parliament may
determine, present to Parliament any information concerning any discrepancies
relating to -
(b) the payment into the Consolidated Fund or other public fund of
moneys derived from loans raised on institutions outside Ghana.
(1) The public debt of Ghana shall be charged on the Consolidated Fund and other
public funds of Ghana.
(2) For the purposes of this article, the public debt shall include interest on that
debt, sinking fund payments and redemption moneys in respect of that debt and
the costs, charges and expenses incidental to the management of that debt.
(1) The Bank of Ghana shall be the Central Bank of Ghana and shall be the only
authority to issue the currency of Ghana.
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(a) promote and maintain the stability of the currency of Ghana and direct
and regulate the currency system in the interest of the economic progress
of Ghana;
(b) be the sole custodian of State funds of Ghana both in and outside
Ghana and may, by notice published in the Gazette, authorise any other
person or authority to act as a custodian of any such fund as may be
specified in the notice;
(d) The Governor of the Bank of Ghana shall, for the purposes of this
article, disallow any transaction or transfer involving directly or indirectly,
any foreign exchange whether in or outside Ghana, which is contrary to
law.
(4) The following shall apply to the Governor of the Bank of Ghana -
(c) his emoluments shall not be reduced while he continues to hold office
as Governor;
(d) he shall not be removed from office except on the same grounds and in
the same manner as a Justice of the Superior Court of Judicature, other
than the Chief Justice, may be removed.
(1) The Committee of Parliament responsible for financial measures shall monitor
the foreign exchange receipts and payments or transfers of the Bank of Ghana in
and outside Ghana and shall report on them to Parliament once in every six
months.
(2) The Bank of Ghana shall, not later than three months -
(a) after the end of the first six months of its financial year; and
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submit to the Auditor-General for audit, a statement of its foreign
exchange receipts and payments or transfers in and outside Ghana.
(3) The Auditor-General shall, not later than three months after the submission of
the statement referred to in clause (2) of this article, submit his report to
Parliament on the statement.
(4) Parliament shall debate the report of the Auditor-General and appoint, where
necessary, in the public interest, a committee to deal with any matters arising
from the report.
(1) There shall be a Statistical Service which shall form part of the public services
of Ghana.
(2) The head of the Statistical Service shall be the Government Statistician.
(a) a chairman and not more than five other members all of whom shall be
appointed by the President having regard to their expert knowledge, in
consultation with the Council of State; and
(2) The Government Statistician, under the supervision of the Statistical Service
Board, shall be responsible for the collection, compilation, analysis and
publication of socio-economic data on Ghana and shall perform such other
functions as may be prescribed by or under an Act of Parliament.
(3) The Statistical Service Board may prescribe the manner in which data my be
compiled and kept by any person or authority in Ghana.
(2) The public accounts of Ghana and of all public offices, including the courts,
the central and local government administrations, of the Universities and public
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institutions of like nature, of any public corporation or other body or organization
established by an Act of Parliament shall be audited and reported on by the
Auditor-General.
(3) For the purpose of clause (2) of this article, the Auditor-General or any person
authorized 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 of the accounts mentioned in clause (2) of
this article relates, submit his report to parliament and shall, in that report, draw
attention to any irregularities in the accounts audited and to any other matter
which in his opinion ought to be brought to the notice of Parliament.
(6) parliament shall debate the report of the Auditor-General and appoint where
necessary, in the public interest, a committee to deal with any matters arising
from it.
(7) In the performance of his functions under this Constitution or any other law
the Auditor-General -
(a) shall not be subject to the direction or control of any other person or
authority;
(b) may disallow any item of expenditure which is contrary to law and
surcharge -
(ii) any sum which has not been duly brought into account,
upon the person by whom the sum ought to have been
brought into account; or
(8) Paragraph (a) of clause (7) of this article shall not preclude the President,
acting in accordance with the advice of the Council of State, from requesting the
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Auditor-General in the public interest, to audit, at any particular time, the
accounts of any such body or organisation as is referred to in clause (2) of this
article.
(11) The salary and allowances payable to the Auditor-General shall be a charge
on the consolidated Fund.
(12) The salary and allowances payable to the Auditor-General, his rights in
respect of leave of absence, retiring award or retiring age shall not be varied to his
disadvantage during his tenure of office.
(13) The provisions of article 146 of this Constitution relating to the removal of a
Justice of the Superior Court of Judicature from office shall apply to the Auditor-
General.
(15) The accounts of the office of the Auditor-General shall be audited and
reported upon by an auditor appointed by Parliament.
There shall be an Audit Service which shall form part of the public services of
Ghana.
(a) a chairman and four other members appointed by the President, acting
in consultation with the Council of State;
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(c) the Head of the Civil Service or his representative.
(2) The appointment of officers and other employees in the Audit Service, other
than the Auditor-General, shall be made by the Audit Service Board, acting in
consultation with the Public Services Commission.
(3) The Audit Service Board shall, acting in consultation with the Public Services
Commission -
(a) determine the terms and conditions of service of officers and other
employees in the Audit Service; and
(4) A member of the Audit Service Board, other than the Auditor-General or the
Head of the Civil Service or his representative, may be removed from office by
the President, acting in accordance with the advice of the council of State, for
inability to perform the functions of his office arising from infirmity of mind or
body or for any other sufficient cause.
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CHAPTER FOURTEEN
(2) The Civil Service shall, until provision is otherwise made by Parliament,
comprise service in both central and local government.
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(3) Subject to the provisions of this constitution, an Act of Parliament enacted by
virtue of clause (1) of this article shall provide for -
(a) the governing council for the public service to which it relates;
(4) For the purposes of this article "public corporation" means a public
corporation established in accordance with article 192 of this Constitution other
than one set up as a commercial venture.
(1) The President shall, acting in accordance with the advice of the Public
Services Commission, appoint a public officer as the Head of the Civil Service.
(2) Subject to the provisions of this Constitution, the Head of the Civil Service
shall not hold any other public office.
(1) There shall be a Public Services Commission which shall perform such
functions as assigned to it by this Constitution or by any other law.
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(2) The Public Services Commission shall consist of -
(4) A person holding a public office shall, upon being appointed a full-time
member of the Public Services Commission, resign from that public office.
(5) Subject to clause (6) of this article, the terms and conditions of service
including retiring ages of a Justice of the Court shall apply to the Vice-Chairman.
(6) The provisions of article 146 of this Constitution relating to the removal from
office of a Justice of the Superior Court of Judicature, shall apply -
(7) The salaries, allowances, facilities and privileges payable or available to the
members of the Commission other than the Chairman and Vice-Chairman, shall
be determined under article 71 of this Constitution.
(1) Subject to the provisions of this Constitution, the power to appoint persons to
hold or to act in an office in the public services shall vest in the President, acting
in accordance with the advice of the governing council of the service concerned
given in consultation with the Public Services Commission.
(2) The President may, subject to such conditions as he may think fit, delegate
some of his functions under this article by directions in writing to the governing
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council concerned or to a committee of the council or to any member of that
governing council or to any public officer.
(3) The power to appoint persons to hold or act in an office in a body of higher
education, research or professional training, shall vest in the council or other
governing body of that institution or body.
The Public Service Commission shall have such powers and exercise such
supervisory, regulatory and consultative functions as Parliament shall, by law,
prescribe, including as may be applicable, the supervision and regulation of,
entrance and promotion examinations, recruitment and appointment into or
promotions within, the public services, and the establishment of standards and
guidelines on the terms and conditions of employment in the public services.
197. REGULATIONS
The Public Service Commission may, subject to the approval of the President,
make regulations, by constitutional instrument, for the effective and efficient
performance of its functions under this Constitution or any other law.
(1) A public officer shall, except as otherwise provided in this Constitution, retire
from the public service on attaining the age of sixty years.
(2) A public officer may, except as otherwise provided in this Constitution, retire
from the public service at any time after attaining the age of forty-five years.
(3) The pension payable to any person shall be exempt from tax.
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CHAPTER FIFTEEN
(2) No person or authority shall raise any police service except by or under the authority
of an Act of Parliament.
(3) The Police Service shall be equipped and maintained to perform its traditional role of
maintaining law and order.
(g) two members of the Police Service, appointed by the President, acting
in consultation with the Council of State, one of whom shall be of a junior
rank; and
(2) The Inspector-General of Police shall be head of the Police Service and shall,
subject to the provisions of this article and to the control and direction of the
Police Council, be responsible for the operational control and the administration
of the Police Service.
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(3) Subject to the provisions of this constitution, the power to appoint persons to
hold or to act in an office in the Police Service shall vest in the President, acting
in accordance with the advice of the Police Council.
(4) The President may, subject to such conditions as he thinks fit, delegate some
of his functions under this article by directions in writing to the Police Council or
to a committee or to a member of the Council.
(1) The Police Council shall advise the President on matters of policy relating to
internal security, including the rule of the Police Service, budgeting and finance,
administration and the promotion of officers above the rank of Assistance
Commissioner of Police.
(2) The Police Council may, with the prior approval of the President, by
constitutional instrument, make regulations for the performance of its functions
under this Constitution or any other law and for the effective and efficient
administration of the Police Service.
(3) Regulations made under clause (2) of this article shall include regulations in
respect of -
(b) the ranks of officers and men of each unit of the Police Service, the
members of each rank and the use of uniforms by the members;
(d) the authority and powers of command of officers and men of the Police
Service; and
(e) the delegation to other persons of powers to discipline person and the
conditions subject to which delegations may be made.
(1) There shall b e established for each region a Regional Police Committee
which shall consist of -
(a) the Minister of State appointed for the region, who shall be chairman;
(b) the two most senior members of the Police Service in the region;
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(c) a representative of each district in the region appointed by the District
Assembly in the district;
(2) A Regional Police Committee shall advise the Police Council on any matter
relating to the administration of the Police Service in the region.
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CHAPTER SIXTEEN
(2) The Prisons Service shall be equipped and maintained to perform its
traditional role efficiently.
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(2) The Director-General of the Prisons Service shall, subject to the provisions of
this article and to the control and direction of the Prisons Service Council, be
responsible for the operational control and the administration of the Prisons
Service.
(3) Subject to the provisions of this Constitution, the power to appoint persons to
hold or to act in an office in the Prisons Service shall vest in the President, acting
in accordance with the advice of the Prisons Service Council.
(4) The President may, subject to such conditions as he thinks fit, delegate some
of his functions under this article by directions in writing to the Prisons Service
Council or to a Committee or a member of the Council.
(1) The Prisons Service Council shall advise the President on matters of policy
relating to the organisation and maintenance of the prison system in Ghana
including the role of the Prisons Service, prisons budgeting and finance,
administration and the promotion of officers above the rank of Assistant Director
of Prisons.
(2) The Prisons Service Council may, with the prior approval of the President, by
constitutional instrument, make regulations for the performance of its functions
under this Constitution or any other law and for the effective and efficient
administration of prisons and the Prisons Service.
(3) Regulations made under clause (2) of this article shall include provisions
relating to -
(a) the control and administration of prisons and the Prisons Service;
(b) the ranks of officers and men of the Prisons Service, the members of
each rank and the use of uniforms by the members;
(d) The authority and powers of command of the officers and men of the
Prisons Service;
(e) the delegation to other persons of powers to discipline persons and the
conditions subject to which delegations may be made;
(f) the parole system and the periodic review of the conditions of prisoners
and all other persons in legal custody at intervals of not more than one
year;
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(g) the conditions under which persons may be admitted into prisons;
(h) the making of reports of unjustified treatment of, and cruelty to,
prisoners and persons in legal custody and the manner in which the reports
should be dealt with;
(j) ready access by lawyers to prisoners and other persons in legal custody;
and
(k) such measures, generally as will ensure the humane treatment and
welfare of prisoners and other persons in legal custody, including the
provision of literature and writing material.
(1) There shall be established for each region a Regional Prisons Committee
which shall consist of -
(a) the Minister of State appointed for the region, who shall be chairman;
(b) the most senior member of the Prisons Service in the region;
(2) A Regional Prisons Committee shall advise the Prisons Service Council and
the Director-General of the Prisons Service on any matter relating to the
administration of prisons and of the Prisons Service in the region
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CHAPTER SEVENTEEN
(1) There shall be the Armed Forces of Ghana which shall consist of the Army,
the Navy and the Air Force and such other services for which provision is made
by Parliament.
(2) No person shall raise an armed force except by or under the authority of an
Act of Parliament.
(3) The Armed Forces shall be equipped and maintained to perform their role of
defence of Ghana as well as such other functions for the development of Ghana as
the President may determine.
(b) the Ministers responsible for defence, foreign affairs and internal
affairs;
(c) the Chief of Defence Staff, the Service Chiefs and a senior Warrant
Officer or its equivalent in the Armed Forces; and
212. APPOINTMENTS
(1) The President shall, acting in consultation with the Council of State, appoint-
(2) The President may, acting in accordance with the advice of the Armed Forces
Council, appoint officers of the Armed Forces who shall be given such command
as the Armed Forces Council shall determine.
(3) The President shall, acting in accordance with the advice of the Armed Forces
Council, grant commissions to officers of the Armed Forces.
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(4) Subject to clause (3) of this article, the power to appoint persons to hold or to
act in an office in the Armed Forces shall vest in the President, acting in
accordance with the advice of the Armed Forces Council.
The Chief of Defence Staff of the Armed Forces shall, subject to the provisions of
this article, and to the control and direction of the Armed Forces Council on
matters of policy, be responsible for the administration and the operational control
and command of the Armed Forces.
(1) The Armed Forces Council shall advise the President on matters of policy
relating to defence and strategy including the role of the Armed Forces, military
budgeting and finance, administration and the promotion of officers above the
rank of Lieutenant-Colonel or its equivalent.
(2) The Armed Forces Council may, with the prior approval of the President, by
constitutional instrument, make regulations for the performance of its function
under this Constitution or any other law, and for the effective and efficient
administration of the Armed Forces.
(3) Regulations made under clause (2) of this article shall include regulations in
respect of -
(a) the control and administration of the services of the Armed Forces;
(b) the ranks of officers and men of each service, the members in each
rank and the use of uniforms by the officers and men;
(d) the authority and powers of command of officers and men of each
service;
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215. DELEGATION OF FUNCTIONS
The Armed Forces Council may, subject to such conditions as it may consider fit,
delegate some of its functions under this Chapter by directions in writing to a
committee or a member of the Council.
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CHAPTER EIGHTEEN
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 -
The President shall appoint the members of the Commission under article 70 of
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 -
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(i) negotiation and compromise between the parties
concerned;
(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
(1) The powers of the Commission shall be defined by Act of Parliament and shall
include the power
(a) to issue subpoenas requiring the attendance of any person before the
Commission and the production of any document or record relevant to any
investigation by the Commission.
(d) to require any person to disclose truthfully and frankly any information
within his knowledge relevant to any investigation by the Commissioner.
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(a) a matter which is pending before a court or judicial tribunal; or
An Act of Parliament enacted under article 216 of this Constitution shall provide
for the creation of regional and district branches of the Commission.
The Commissioner and Deputy Commissioners shall not hold any other public
office.
(1) The Commissioner and deputy Commissioners shall enjoy the terms and
conditions of service of a Justice of the Court of Appeal and High Court
respectively.
(2) The Commissioner and Deputy Commissioners shall cease to hold office upon
attaining the ages of seventy and sixty-five years respectively.
Where the Commissioner dies, resigns or is removed from office or is for any
other reason unable to perform the functions of his office, the President shall,
acting in consultation with the Council of State, appoint a person qualified to be
appointed Commissioner to perform those functions until the appointment of a
new Commissioner.
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225. INDEPENDENCE OF COMMISSION AND COMMISSIONERS
Except as provided by this Constitution or by any other law not inconsistent with
this Constitution the Commission and the Commissioners shall, in the
performance of their functions, not be subject to the direction or control of any
person or authority.
The procedure for the removal of the Commissioner and Deputy Commissioners
shall be the same as that provided for the removal of a Justice of the Court of
Appeal and a Justice of the High Court respectively under this Constitution.
For the purposes of performing his functions under this Constitution and any other
law, the Commissioner may bring an action before any court in Ghana and may
seek any remedy which may be available from that court
230. REGULATIONS
Subject to the provisions of this Constitution and to any Act of Parliament made
under this Chapter, the Commission shall make, by constitutional instrument,
regulations regarding the manner and procedure for bringing complaints before it
and the investigation of such complaints.
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CHAPTER NINETEEN
(1) The Commission shall consist of a Chairman, two Deputy Chairmen and four
other members.
(2) Members of the Commission shall be appointed by the President acting on the
advice of the Council of State.
(3) Members of the Commission shall be persons who are qualified to be elected
as members of Parliament.
(4) Members of the Commission shall be persons who do not hold office in any
political party.
(a) to create and sustain within the society the awareness of the principles
and objectives of this Constitution as the fundamental law of the people of
Ghana;
(b) to educate and encourage the public to defend this Constitution at all
times, against all forms of abuse and violation;
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234. INDEPENDENCE OF COMMISSION
Except as otherwise provided in this Constitution or in any other law which is not
inconsistent with this Constitution, the Commission shall not be subject to the
direction or control of any person or authority in the performance of its functions.
(1) The Chairman of the Commission shall enjoy the same terms and condition of
service as a Justice of the Court of Appeal, and a Deputy Chairman of the
Commission shall enjoy the same terms and condition of service as a Justice of
the Court of Appeal, and a Deputy Chairman of the Commission shall enjoy the
same terms and conditions of service as a Justice of the High Court.
(2) The other members of the Commission shall hold office on such terms and
conditions as may be approved by Parliament.
The procedure for the removal of the Chairman or a Deputy Chairman from office
shall be the same as that provided for the removal of a Justice of the Court of
Appeal and a Justice of the High Court respectively under this Constitution.
Parliament shall, by law, provide for the establishment of Regional and District
branches of the Commission.
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CHAPTER TWENTY
(1) Ghana shall have a system of local government and administration which
shall, as far as practicable, be decentralized.
(2) The system of decentralized local government shall have the following
features-
(b) Parliament shall by law provide for the taking of such measures as are
necessary to enhance the capacity of local government authorities to plan,
initiate, co-ordinate, manage and execute policies in respect of all matters
affecting the people within their areas, with a view to ultimately achieving
localization of those activities;
(c) there shall be established for each local government unit a sound
financial base with adequate and reliable sources of revenue;
(1) For the purposes of local government, Ghana shall be deemed to have been
divided into the districts in existence immediately before the coming into force of
this Constitution.
(2) Parliament may by law make provision for the redrawing of the boundaries of
districts or for reconstituting the districts.
(3) Subject to this Constitution, a District Assembly shall be the highest political
authority in the district, and shall have deliberative, legislative and executive
powers.
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242. COMPOSITION OF DISTRICT ASSEMBLY
(a) one person from each local government electoral area within the
district elected by universal adult suffrage;
(b) the member or members of Parliament from the constituencies that fall
within the area of authority of the District Assembly as members without
the right to vote;
(d) other members not being more than thirty percent of all the members
of the District Assembly, appointed by the President in consultation with
the traditional authorities and other interest groups in the district.
(1) There shall be a District chief Executive for every district who shall be
appointed by the President with the prior approval of not less than two-thirds
majority of members of the Assembly present and voting at the meeting.
(a) a vote of no confidence, supported by the votes of not less than two-
thirds of all the members of the District Assembly is passed against him;
or
(1) The District Assembly shall have a Presiding Member who shall be elected by
the Assembly from among its members.
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(2) The Presiding Member shall be elected by at least tow-thirds majority of all
the members of the Assembly.
(4) Subject to clause (5) of this article, the term of office of the Presiding Member
shall be two years and he shall be eligible for re-election.
(5) The Presiding Member shall cease to hold office whenever the Assembly by a
majority of at least two-thirds of all the members of the Assembly vote to remove
him from office.
(a) the formulation and execution of plans, programmes and strategies for
the effective mobilization of the resources necessary for the overall
development of the district;
(b) the levying and collection of taxes, rates, duties and fees.
(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 the earlier ceases to hold office under clause (3) of
article 243 of this Constitution, the term of office of the District Chief Executive
shall be four years; and a person shall not hold office as a District Chief Executive
for more than two consecutive terms.
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248. POLITICAL PARTIES AND CANDIDATES FOR ELECTION TO LOCAL
GOVERNMENT UNITS
(2) A political party shall not endorse, sponsor, offer a platform to or in anyway
campaign for or against a candidate seeking election to a District Assembly or any
lower local government unit.
(2) The composition of the Executive Committee and the procedure for its
deliberations shall be as provided for by law.
(1) There shall be a fund to be known as the District Assemblies Common Fund.
(2) Subject to the provisions of this Constitution, Parliament shall annually make
provision for the allocation of not less than five percent of the total revenues of
Ghana to the District Assemblies for development; and the amount shall be paid
into the District Assemblies Common Fund in quarterly instalments.
(3) The moneys accruing to the district Assemblies in the Common Fund shall be
distributed among all the District Assemblies on the basis of a formula approved
by Parliament.
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(4) There shall be appointed by the President with the approval of Parliament, a
District Assemblies Common Fund Administrator.
(5) Parliament shall by law prescribe the functions and tenure of office of the
Administrator in such a manner as will ensure the effective and equitable
administration of the District Assemblies Common Fund.
(6) Nothing in this Chapter or any other law shall be taken to prohibit the State or
other bodies from making grants-in-aid to any District Assembly.
253. AUDIT
The Auditor-General shall audit the accounts of the District Assemblies annually
and shall submit his reports on the audit to Parliament.
Parliament shall enact laws and take steps necessary for further decentralization
of the administrative functions and projects of the Central Government but shall
not exercise any control over the District Assemblies that is incompatible with
their decentralized status, or otherwise contrary to law.
(b) the Presiding Member and the District Chief Executive from each
district in the Region;
(2) The Regional Minister shall be the Chairman of the Regional Coordinating
Council.
(3) Subject to this Chapter, the functions of a Regional Coordinating Council shall
be as prescribed by Act of Parliament.
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256. REGIONAL MINISTERS AND DEPUTY REGIONAL MINISTERS
(1) The President shall, with the prior approval of Parliament, appoint for each
region, a Minister of State who shall -
(2) The President may, in consultation with the Minister of State for a region and
with the prior approval of Parliament, appoint for the regional Deputy Minister or
Deputy Ministers to perform such functions as the President may determine.
141
CHAPTER TWENTY-ONE
PUBLIC LANDS
(1) All public lands in Ghana shall be vested in the President on behalf of, and in
trust for, the people of Ghana.
(2) For the purposes of this article, and subject to clause (3) of this article, "public
lands" includes any land which, immediately before the coming into force of this
Constitution, was vested in the Government of Ghana on behalf of, and in trust
for, the people of Ghana for the public service of Ghana, and any other land
acquired in the public interest, for the purposes of the Government of Ghana
before, on or after that date.
(3) For the avoidance of doubt, it is hereby declared that all lands in the Northern,
Upper East and Upper West Regions of Ghana which immediately before the
coming into force of this Constitution were vested in the Government of Ghana
are not public lands within the meaning of clauses (1) and (2) of this article.
(4) Subject to the provisions of this Constitution, all lands referred to in clause (3)
of this article shall vest in any person who was the owner of the land before the
vesting, or in the appropriate skin without further assurance than this clause.
(5) Clauses (3) and (4) of this article shall be without prejudice to the vesting by
the Government in itself of any land which is required in the public interest for
public purposes.
(6) Every mineral in its natural state in, under or upon any land in Ghana, rivers,
streams, water courses throughout Ghana, the exclusive economic zone and any
area covered by the territorial sea or continental shelf is the property of the
Republic of Ghana and shall be vested in the President on behalf of, and in trust
for the people of Ghana.
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(a) on behalf of the Government, manage public lands and any lands
vested in the President by this Constitution or by any other law or any
lands vested in the Commission;
(d) advise on, and assist in the execution of, a comprehensive programme
for the registration of title to land throughout Ghana;
(e) perform such other functions as the Minister responsible for lands and
natural resources may assign to the Commission;
(2) The Minister responsible for lands and natural resources may, with the
approval of the President, give general directions in writing to the Lands
Commission on matters of policy in respect of the functions of the Commission
and the Commission shall comply with the directions.
The Lands Commission shall consist of the following persons appointed by the
President under article 70 of this Constitution -
(b) one representative each of the following bodies nominated in each case
by the body concerned -
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(vii) the Environmental Protection Council, and
(c) the Chief Administrator of the Lands Commission who shall be the
Executive Secretary.
(1) The Lands Commission shall have a branch in each region to be known as a
Regional Lands Commission for the performance of the functions specified in
article 258 of this Constitution in respect of the region.
(2) The activities of all the Regional Lands Commissions shall be co-ordinated by
the Lands Commission.
(b) one representative each of the following bodies nominated in each case
by the body concerned -
(1) Each Regional Lands Commission shall have a Regional Lands Officer.
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(2) The Regional Lands Officer shall be a Member of and Secretary to the
Regional Lands Commission.
(1) The Chairman and members of the Lands Commission, and also, the
Chairman and members of a Regional Lands Commission other than the
Executive Secretary and the Regional Lands Officer shall hold office for four
years and may be eligible for re-appointment.
(b) any circumstance arises that would cause him to be disqualified for
appointment under article 263 of this Constitution;
(c) he is removed from office by the President or, in the case of a member
of a Regional Lands Commission, by the Minister responsible for lands
and natural resources for inability to perform the functions of his office or
for stated misbehaviour.
Except as otherwise provided in this constitution or in any other law which is not
inconsistent with this Constitution, the Lands Commission shall not be subject to
the direction or control of any person or authority, in the performance of its
functions.
(1) No interest in, or right over, any land in Ghana shall be created which vests in
a person who is not a citizen of Ghana a freehold interest in any land in Ghana.
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(2) An agreement, deed or conveyance of whatever nature, which seeks, contrary
to clause (1) of this article, to confer on a person who is not a citizen of Ghana
any freehold interest in, or rights over, any land is void.
(3) Where, on the twenty-second day of August 1969, any person not being a
citizen of Ghana had a freehold interest in or right over any land in Ghana, that
interest or right shall be deemed to be a leasehold interest for a period of fifty
years at a peppercorn rent commencing from the twenty-second day of August
1969, and the freehold reversionary interest in any such land shall vest in the
President on behalf of, and in trust for, the people of Ghana.
(4) No interest in, or right over, any land in Ghana shall be created which vests in
a person who is not a citizen of Ghana a leasehold for a term of more than fifty
years at any one time.
(5) Where on the twenty-second day of August 1969 any person not being a
citizen of Ghana had a leasehold interest in, or right over, any land in Ghana for
an unexpired period of more than fifty years, that interest in, or right over, any
such land shall be deemed to be an interest or right subsisting for a period of fifty
years commencing from the twenty-second day of August 1969.
(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in
trust for the subjects of the stool in accordance with customary law and usage.
(2) There shall be established the Office of the Administrator of Stool Lands
which shall be responsible for -
(a) the establishment of a stool land account for each stool into which shall
be paid all rents, dues, royalties, revenues or other payments whether in
the nature of income or capital from the stool lands;
(b) the collection of all such rents, dues, royalties, revenues or other
payments whether in the nature of income or capital, and to account for
them to the beneficiaries specified in clause (6) of this article; and
(3) There shall be no disposition or development of any stool land unless the
Regional Lands Commission of the region in which the land is situated has
certified that the disposition or development is consistent with the development
plan drawn up or approved by the planning authority for the area concerned.
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(4) Where the Regional Lands Commission fails or refuses to give the consent
and concurrence under clause (3) of this article, a person aggrieved by the failure
or refusal may appeal to the High Court.
(5) Subject to the provisions of this Constitution, no interest in, or right over, any
stool land in Ghana shall be created which vests in any person or body of persons
a freehold interest howsoever described.
(6) Ten percent of the revenue accruing from stool lands shall be paid to the office
of the Administrator of Stool Lands to cover administrative expenses; and the
remaining revenue shall be disbursed in the following proportions-
(a) twenty-five percent to the stool through the traditional authority for the
maintenance of the stool in keeping with its status;
(c) fifty-five percent to the District Assembly, within the area of authority
of which the stool lands are situated.
(7) The Administrator of Stool Lands and the Regional Lands Commission shall
consult with the stools and other traditional authorities in all matters relating to
the administration and development of stool land and shall make available to them
all relevant information and data.
(8) The Lands Commission and the Administrator of Stool lands shall co-ordinate
with all relevant public agencies and traditional authorities and stools in preparing
a policy framework of the rational and productive development and management
of stool lands.
(9) Parliament may provide for the establishment of Regional branches of the
office of the Administrator of Stool Lands to perform, subject to the directions of
the Administrator of Stool Lands, the functions of the Administrator in the region
concerned.
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(2) Parliament may, by resolution supported by the votes of not less than two-
thirds of all the members of Parliament, exempt from the provisions of clause (1)
of this article any particular class of transactions, contracts or undertakings.
(2) Notwithstanding article 268 of this Constitution, Parliament may, upon the
recommendation of any of the Commissions established by virtue of clause (1) of
this article, and upon such conditions as Parliament may prescribe, authorise any
other agency of government to approve the grant of rights, concessions or contract
in respect of the exploitation of any mineral, water or other natural resource of
Ghana.
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CHAPTER TWENTY-TWO
CHIEFTAINCY
(b) in any way detracts or derogates from the honour and dignity of the
institution of chieftaincy.
(3) Nothing in or done under the authority of any law shall be held to be
inconsistent with, or in contravention of, clause (1) or (2) of this article if the law
makes provision for-
(2) The House of Chiefs of each region shall elect as members of the National
House of Chiefs five paramount chiefs from the region.
(3) Where in a region there are fewer than five paramount chiefs, the House of
Chiefs of the region shall elect such number of divisional chiefs as shall make up
the required representation of chiefs for the region.
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(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;
(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.
(1) The National House of Chiefs shall have appellate jurisdiction in any cause or
matter affecting chieftaincy which have been determined by the Regional House
of Chiefs in a region, from which appellate jurisdiction there shall be an appeal to
the Supreme Court, with the leave of the National House of Chiefs or the
Supreme Court.
(2) The appellate jurisdiction of the National House of Chiefs shall be exercised
by a Judicial Committee of the National House of Chiefs consisting of five
persons appointed by that House from among its members.
(5) A Judicial Committee of the National House of Chiefs shall have original
jurisdiction in any cause or matter affecting chieftaincy-
(a) which lies within the competence of two or more Regional houses of
Chiefs; or
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(c) which cannot otherwise be dealt with by a Regional House of Chiefs.
(6) An appeal shall lie as of right in respect of any cause or matter dealt
with by a Judicial Committee of the National House of Chiefs under
clause (5) of this article to the Supreme Court.
(1) There shall be established in and for each region of Ghana a Regional House
of Chiefs.
(2) A Regional House of Chiefs shall consist of such members as Parliament may,
by law, determine.
(b) advise any person or authority charged under this Constitution or any
other law with any responsibility for any matter relating to or affecting
chieftaincy in the region;
(c) hear and determine appeals from the traditional councils within the
region in respect of the nomination, election, selection, installation or
deposition of a person as a chief;
(4) The original and appellate jurisdiction of a Regional House of Chiefs shall be
exercised by a Judicial Committee of the Regional House of Chiefs consisting of
three chiefs appointed by the Regional House of Chiefs from among its members.
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(6) A member of a Judicial Committee of a Regional House of Chiefs may be
removed from office on the ground of proven misbehaviour or infirmity of mind
or body by the votes of not less than two-thirds of all the members of the Regional
House of Chiefs.
A person shall not be qualified as a chief if he has been convicted for high
treason, treason, high crime or for an offence involving the security of the State,
fraud, dishonesty or moral turpitude.
(1) A chief shall not take part in active party politics; and any chief wishing to do
so and seeking election to Parliament shall abdicate his stool or skin.
(2) Notwithstanding clause (1) of this article and paragraph (c) of clause (3) of
article 94 of this Constitution, a chief may be appointed to any public office for
which he is otherwise qualified.
In this Chapter unless the context otherwise requires, "chief" means a person,
who, hailing from the appropriate family and lineage, has been validly nominated,
elected or selected and enstooled, enskinned or installed as a chief or queen
mother in accordance with the relevant customary law and usage.
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CHAPTER TWENTY-THREE
COMMISSIONS OF INQUIRY
(1) Subject to article (5) of this Constitution, the President shall, by constitutional
instrument, appoint a commission of inquiry into any matter of public interest
where-
(b) the Council of State advises that it is in the public interest to do so; or
(2) A commission appointed under clause (1) of this article may consist of a sole
commissioner or two or more persons one of whom shall be appointed the
chairman of the commission.
(c) a person who has held office as a Justice of the Superior Court of
Judicature; or
(4) Subject to clause (3) of this article, where a commission of inquiry appointed
under clause (1) of this article consists of more than two commissioners, other
than the chairman, at least one of them shall be a person who possesses special
qualifications or knowledge in respect of the matter being investigated.
(1) A commission of inquiry shall have the powers, rights and privileges of the
High Court or a Justice of the High Court at a trial, in respect of -
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(a) enforcing the attendance of witnesses and examining them on oath,
affirmation or otherwise;
(a) make a full, faithful and impartial inquiry into any matter specified in
the instrument of appointment;
(c) furnish in the report the reasons leading to the conclusions stated in the
report.
(2) Where a commission of inquiry makes an adverse finding against any person,
the report of the commission of inquiry shall, for the purposes of this
Constitution, be deemed to be the judgment of the High Court; and accordingly,
an appeal shall lie as of right from the finding of the commission to the Court of
Appeal.
(3) The President shall, subject to clause (4) of this article cause to be published
the report of a commission of inquiry together with the White Paper on it within
six months after the date of the submission of the report by the commission.
(5) A finding of a commission of inquiry shall not have the effect of a judgment
of the High Court as provided under clause (2) of this article; unless
(a) six months have passed after the finding is made and announced to the
public; or
(b) the Government issues a statement in the Gazette and in the national
media that it does not intend to issue a White Paper on the report of the
commission whichever is the earlier.
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(6) The right of appeal conferred by clause (2) of this article on a person against
whom a finding has been made, shall be exercisable within three months after the
occurrence of either of the events described in clause (5) of this article or such
other time as the High Court or the Court of Appeal may, by special leave and on
such conditions as it may consider just, allow.
(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.
(2) A person referred to in clause (1) of this article may also be assisted by such
other expert as may be reasonably necessary for the purpose of protecting his
interests at the inquiry.
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CHAPTER TWENTY-FOUR
A public officer shall not put himself in a position where his personal interest
conflicts or is likely to conflict with the performance of the functions of his office.
(1) A person who holds a public office mentioned in clause (5) of this article shall
submit to the Auditor-General a written declaration of all property or assets
owned by, or liabilities owed by, him whether directly or indirectly.
(a) within three months after the coming into force of this Constitution or
before taking office, as the case may be,
(3) The declaration made under clause (1) of this article shall, on demand, be
produced in evidence-
(4) Any property or assets acquired by a public officer after the initial declaration
required by clause (1) of this article and which is not reasonably attributable to
156
income, gift, loan, inheritance or any other reasonable source shall be deemed to
have been acquired in contravention of this Constitution.
(5) The public offices to which the provisions of this article apply are those of -
(j) such officers in the public service and any other public institution as
Parliament may prescribe
(6) The Auditor-General shall make a written declaration of his assets and
liabilities to the President in the manner and subject to the conditions provided in
clauses (1) to (3) of this article.
(7) Before entering upon the duties of his office, a person appointed to an office to
which the provisions of this article apply, shall take and subscribe the oath of
allegiance, the oath of secrecy and the official oath set out in the Second Schedule
to this Constitution, or any other oath appropriate to his office.
(1) An allegation that a public officer has contravened or has not complied with a
provision of this Chapter shall be made to the Commissioner for Human Rights
and Administrative Justice and, in the case of the Commissioner of Human Rights
and Administrative Justice, to the Chief Justice who shall, unless the person
157
concerned makes a written admission of the contravention or non-compliance,
cause the matter to be investigated.
(2) The Commissioner of Human Rights and Administrative Justice or the Chief
Justice as the case may be, may take such action as he considers appropriate in
respect of the results of the investigation or the admission.
288. INTERPRETATION
In this Chapter, unless the context otherwise requires, "public officer" means a
person who holds a public office.
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CHAPTER TWENTY-FIVE
(a) the sole purpose of the Act is to amend this Constitution; and
(b) the Act has been passed in accordance with this Chapter.
(1) This article applies to the amendment of the following provisions of this
Constitution, which are, in this Constitution referred to as "entrenched
provisions"-
(e) Representation of the People: articles 42, 43, 46, 49, 55 and 56;
(h) The Judiciary: articles 125, 127, 129, 145, and 146;
(i) Freedom and Independence of the Media: article 162, clauses (1) to (5)
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(m) Commission on Human Rights and Administrative Justice: articles
216 and 225;
(2) A bill for the amendment of an entrenched provision shall, before Parliament
proceeds to consider it, be referred by the Speaker to the Council of State for its
advice and the Council of State shall render advice on the bill within thirty days
after receiving it.
(3) The bill shall be published in the Gazette but shall not be introduced into
Parliament until the expiry of six months after the publication in the Gazette
under this clause.
(4) After the bill has been read the first time in Parliament it shall not be
proceeded with further unless it has been submitted to a referendum held
throughout Ghana and at least forty percent of the persons entitled to vote, voted
at the referendum and at least seventy-five percent of the persons who voted cast
their votes in favour of the passing of the bill.
(5) Where the bill is approved at the referendum, Parliament shall pass it.
(6) Where a bill for the amendment of an entrenched provision has been passed by
Parliament in accordance with this article, the President shall assent to it.
(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.
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(2) The Speaker shall, after the first reading of the bill in Parliament, refer it to the
Council of State for consideration and advice and the Council of State shall render
advice on the bill within thirty days after receiving it.
(3) Where Parliament approves the bill, it may only be presented to the President
for this assent if it was approved at the second and third readings of it in
Parliament by the votes of at least two thirds of all the members of Parliament.
(4) Where the bill has been passed in accordance with this article, the President
shall assent to it.
A bill for the amendment of this Constitution which has been passed in
accordance with this Constitution, shall be assented to by the President only if -
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CHAPTER TWENTY-SIX
MISCELLANEOUS
(1) Where a person has a claim against the Government, that claim may be
enforced as of right by proceedings taken against the Government for that purpose
without the grant of a fiat or the use of the process known as petition of right.
(2) The Government shall be subject to all those liabilities in tort to which, if it
were a private person of full age and capacity, it would be subject -
(c) in respect of a breach of the duties at common law or under any other
law attached to the ownership, occupation, possession or control of
property.
(3) No proceedings shall lie against the Government by virtue of paragraph (a) of
clause (2) of this article in respect of an act or ommission of an employee or agent
of the Government unless the act or omission would, apart from this article, have
given rise to a cause of action in tort against that employee or his estate.
(4) Where the Government is bound by a statutory duty which is binding also
upon persons other than the Government and its officers, the Government shall, in
respect of a failure to comply with that duty, be subject to all liabilities in tort to
which it would be so subject if the Government were a private person of full age
and capacity.
(6) No proceedings shall lie against the Government by virtue of this article in
respect of -
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(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-
(7) Where the Government is subject to a liability by virtue of this article, the law
relating to indemnity and contribution shall be enforceable-
(b) by the Government against any person other than an employee of the
Government, in respect of the liability to which it is so subject, as if the
Government were a private person of full age and capacity.
(1) For the purposes of enforcing any provision of this Constitution, a person is
entitled to legal aid in connection with any proceedings relating to this
Constitution if he has reasonable grounds for taking, defending, prosecuting or
being a party to the proceedings.
(2) Subject to clause (1) of this article, Parliament shall, by or under an Act of
Parliament, regulate the grant of legal aid.
(3) Without prejudice to clause (2) of this article, Parliament may, under that
clause provide for the granting of legal aid in such matters other than those
referred to in clause (1) of this article as may be prescribed by or under that Act.
(4) For the purposes of this article, legal aid shall consist of representation by a
lawyer, including 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.
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295. INTERPRETATION
"high crime" means high crime within the meaning of article 2 of this
Constitution;
"high treason" means high treason within the meaning of article 3 of this
Constitution;
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"meeting" includes a period during which Parliament is meeting
continually within a session;
"paramount chief" means a person who has been nominated elected and
installed as a paramount chief in accordance with customary law and
usage;
"Service Chiefs" includes Army Chief of Staff, Chief of Naval Staff and
Chief of Air Staff;
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"statutory instrument" means an instrument made, whether directly or
indirectly, under a power conferred by an Act of Parliament or a Decree or
a Law;
"stool" includes a skin, and the person or body of persons having control
over skin land;
"stool land" includes any land or interest in, or right over, any land
controlled by a stool or skin, the head of a particular community or the
captain of a company, for the benefit of the subjects of that Stool or the
members of that community or company; and
(a) a reference to the holder of an office by the term designating his office,
shall, unless the context otherwise requires, be construed as including a
reference to a person for the time being lawfully acting in or performing
the functions of that office;
(b) references to the power to remove a public officer from his office shall
be construed, subject to clause (4) of this article, as including references to
a power conferred by any law to require or permit that officer to retire
from the public service.
(3) Nothing in paragraph (b) of clause (2) of this article shall be construed as
conferring on any person or authority power to require a Justice of the Superior
court of Judicature or the Auditor-General to retire from the public service.
(4) A power conferred by a law to permit a person to retire from the public service
shall, in the case of a public officer who may be removed from office by some
person or authority, other than a commission established by this Constitution, vest
in the President acting in accordance with the advice of the appropriate authority.
(5) For the purposes of this Constitution and any other law, a person shall not be
considered as holding a public office by reason only of the fact that he is in
receipt of a pension or other similar allowance in respect of service under the
Government of Ghana.
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(7) Where power is vested by this Constitution in any person or authority to
appoint a person to act in or perform the functions of an office if the holder of the
office could have performed those functions.
(8) No provision of this Constitution or of any other law to the effect that a person
or authority shall not be subject to the direction or control of any other person or
authority in the performance of any functions under this Constitution or that law,
shall preclude a court from exercising jurisdiction in relation to any question
whether that person or authority has performed those functions in accordance with
this Constitution or the law.
(9) In this Constitution references to the alteration of any of the provisions of this
Constitution or of an Act of Parliament include references to the amendment,
modification, reenactment with amendment or modification, the suspension or
repeal of that provision and the making of a different provision in place of that
provision.
(a) that discretionary power shall be deemed to imply a duty to be fair and
candid;
(c) where the person or authority is not a judge or other judicial officer,
there shall be published by constitutional instrument or statutory
instrument, regulations that are not inconsistent with the provisions of this
Constitution or that other law to govern the exercise of the discretionary
power.
(a) the power to appoint a person to hold or to act in an office in the public
service shall include the power to confirm appointments, to exercise
disciplinary control over persons holding or acting in any such office and
to remove the persons from office;
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(b) where a power is conferred or a duty is imposed, the power may be
exercised and the duty shall be performed, from time to time, as occasion
requires;
(f) words in the singular include the plural, and words in the plural include
the singular;
(g) where a word is defined, other parts of speech and tenses of that word
have corresponding meanings;
168
has arisen, Parliament shall, by an Act of Parliament, not being inconsistent with
any provision of this Constitution, provide for that matter to be dealt with.
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FIRST SCHEDULE
TRANSITIONAL PROVISIONS
1. FIRST PRESIDENT
(2) The President referred to in subsection (1) of this section shall assume office
as President on the date of the coming into force of this Constitution
notwithstanding anything in this Constitution.
2. FIRST PARLIAMENT
(2) The person who was Clerk of the Consultative Assembly or such other public
officer as the Provisional National Defence Council may designate, shall,
notwithstanding anything to the contrary in this Constitution, act as Clerk to
Parliament until a Clerk is appointed under article 124 of this Constitution.
(3) The person who was Clerk of the Consultative Assembly established under the
Consultative Assembly Law 1991 (PNDCL.253) or other person designated under
subsection (2) of this section shall, not later than seven days after the coming into
force of this Constitution, summon a meeting of parliament for the election of the
Speaker, the taking of oaths by members of Parliament, the swearing in of the
President and the approval of Ministers of State and Deputy Ministers for
appointment under this Constitution.
(4) For the avoidance of doubt, any notice given before the coming into force of
this Constitution summoning Parliament to meet for the purposes of subsection
(3) of this section, shall be deemed to be a valid notice for all purposes.
(5) The Standing Orders of the Parliament under the constitution of the Republic
of Ghana, 1979 shall apply to the proceedings of Parliament until Parliament
otherwise determines under article 110 of this Constitution.
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PART III - THE JUDICIARY
(1) The Supreme Court, the Court of Appeal and the High Court in existence
immediately before the coming into force of this Constitution shall be deemed to
have been established under this Constitution and shall perform the functions of
the Supreme Court, the Court of Appeal and the High Court specified respectively
in Chapter 11 of this Constitution.
(2) All proceedings pending before any court referred to in subsection (1) of this
section immediately before the coming into force of this Constitution may be
proceeded with and completed in that Court notwithstanding anything in this
Constitution.
(1) A Justice of the Supreme Court, the Court of Appeal or the High Court
holding office immediately before the coming into force of this Constitution, shall
continue to hold office as if appointed to that office under this Constitution.
(2) Any person to whom this section applies shall, on the coming into force of this
Constitution, take and subscribe the oath of allegiance and the judicial oath set out
in the Second Schedule to this Constitution.
The Public Tribunals Board shall cease to exist within six months after the
coming into force of this Constitution and its functions, assets and liabilities are
transferred to the Judicial Council.
Parliament shall, within six months after the coming into force of this
Constitution-
(a) prescribe by law the jurisdiction of Regional Tribunals for the purposes
of article 143 of this Constitution; and
(b) establish lower courts or tribunals for the purposes of article 126 of
this Constitution.
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7. EXISTING PUBLIC TRIBUNALS AND OTHER COURTS
(1) All cases partly heard before any of the following Public Tribunals
immediately before the coming into force of this Constitution, may be continued
and completed before that public tribunal.
(2) All cases partly heard before any Circuit Court, District Court Grade I or
District Court Grade II immediately before the coming into force of this
Constitution may be continued and completed before the Court.
(3) The National Public Tribunal shall cease to exist upon completion of the
partly heard cases referred to in subsection (1) of this section, or within six
months after the coming into force of this Constitution, whichever is earlier.
(4) All cases other than those referred to in subsection (1) of this section pending
before the National Public Tribunal immediately before the coming into force of
this Constitution, shall be transferred to such court of tribunal as the Chief Justice
may direct.
(5) Any person employed with any Public Tribunal immediately before the
coming into force of this Constitution and who is qualified and suitable for
appointment to any office or position in the Judicial Service, may be so appointed
if recommended to be appointed by the Judicial Council.
PART - IV MISCELLANEOUS
8. EXISTING OFFICES
(1) A person who immediately before the coming into force of this Constitution
held or was acting in an office in existence immediately before the coming into
force of this Constitution, shall be deemed to have been appointed as far as is
consistent with the provisions of this Constitution, to hold or act in the equivalent
office under this Constitution.
(2) A person who before the coming into force of this Constitution would have
been required under the law in force to vacate his office at the expiration of a
period of service shall, notwithstanding the provisions of subsection (1) of this
section, vacate his office at the expiration of that period.
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(3) This section shall be without prejudice to any powers conferred by or under
this Constitution or any other law not being inconsistent with any provision of this
Constitution, upon any person or authority to make provision for the abolition of
office, for the removal from office of persons holding or acting in any office and
for requiring those persons to retire from office.
(4) In determining, for the purposes of any law relating to retiring benefits or
otherwise to length of service, the length of service of a public officer to whom
the provisions of subsections (1) and (2) of this section apply, service as a public
officer under the Government which terminates immediately before the coming
into force of this Constitution shall be deemed to be continuous with service as a
public officer which begins immediately at such coming into force.
(5) A person to whom the provisions of this section apply shall, immediately on
the coming into force of this Constitution or at any convenient time thereafter,
take and subscribe the oath, if any, required for that office by law.
(6) A person who was entitled to retire on his salary immediately before the
coming into force of this Constitution shall have the same terms and condition of
service relating to retiring awards as he enjoyed immediately before the coming
into force of this Constitution; and accordingly, nothing in this Constitution or in
this Schedule shall adversely affect the conditions of service of any such person.
(7) The terms and conditions of service of a person to whom subsection (1) of his
section applies shall not be less favourable than those applicable to him
immediately before the coming into force of this Constitution.
The first appointments to the following offices shall be made within six months
after the assumption of office of the President.-
(a) the Commissioner for Human Rights and Administrative Justice and
his Deputies;
(c) the Chairman, the Deputy Chairmen and Members of the Electoral
Commission;
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(ii) the National Media Commission; and
The office of the Ombudsman in existence immediately before the coming into
force of this Constitution shall, until the President appoints the Commissioner for
Human Rights and Administrative Justice and his Deputies, and provision is
otherwise made, continue as if it forms part of the Office of the Commission for
Human Rights and Administrative Justice.
174
(2) For the avoidance of doubt, the report and findings of a commission or
committee of inquiry established before the coming into force of this Constitution
under any enactment shall have the same effect as the report or findings of a
commission of inquiry established under this Constitution.
Where any matter or thing has been commenced before the coming into force of
this Constitution by a person or authority that has power for the purpose under the
existing law, that matter or thing may be carried on and completed by the person
or authority having power for the purpose after the coming into force of this
Constitution; and it shall not be necessary for the person or authority to
commence the matter or thing afresh.
The Presidential seal, the Public seal, the seals of the Superior Courts as well as
any prescribed forms in use under any enactment in force immediately before the
coming into force of this Constitution shall continue to be used until provision is
otherwise made for them.
(1) The Consolidated Fund and the Contingency Fund in existence immediately
before the coming into force of this Constitution, shall, until otherwise provided
by law, continue in existence as the Consolidated Fund and the Contingency Fund
referred to in article 175 of this Constitution.
Notwithstanding any law to the contrary, the financial estimates in operation for
the financial year in being at the coming into force of this Constitution shall, until
provision is otherwise made by Act of Parliament, continue and shall have full
effect.
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20. PAYMENT AND SAVING OF RIGHTS UNDER FORMER CONSTITUTIONS AND
LAWS
Where immediately before the coming into force of this Constitution any existing
enactment had not been brought into force or was to come into force on a date
subsequent to such coming into force, the enactment may be brought into force in
accordance with its terms, or shall come into force upon such subsequent date, as
the case may be.
(1) The register of voters for public election and referenda in existence
immediately before the coming into force of this Constitution shall, on the coming
into force of this Constitution, have effect as if it was compiled under this
Constitution.
(1) Until Parliament otherwise provides by law, existing laws regulating the
operation of District Assemblies and other local authorities shall continue to
regulate their operations.
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24. HOUSES OF CHIEFS, ETC.
The National House of Chiefs, the Regional Houses of Chiefs, the traditional
councils and all Judicial Committees of those bodies in existence immediately
before the coning into force of this Constitution shall, on the coming into force of
this Constitution, continue in existence subject to this Constitution.
The Oaths Decree, 1972 (NRCD 6), as amended, shall have effect subject to the
provisions of this Constitution.
Except where the context otherwise requires and subject to the other provisions of
this Part, in all enactments in existence immediately before the coming into force
of this Constitution -
(a) for any reference to the Provisional National Defence the Cabinet;
(b) for any reference to the Secretary to the Provisional National Defence
Council where the reference relates to the Cabinet the reference shall be a
reference to the Secretary to the Cabinet,
In this Constitution, any reference to the Chief of Defence Staff shall be deemed
to include any person who holds or held the office of General Officer
Commanding.
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legislative function normally performed by Parliament or a National Assembly
shall be construed as a reference to Parliament.
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.
(1) Where any matter that falls to be prescribed or otherwise provided for under
this Constitution by Parliament or by any other authority or person, is prescribed
or provided for by or under any existing law or is otherwise lawfully prescribed or
provided for immediately before the coming into force of this Constitution, that
prescription or provision shall, as from the coming into force of this Constitution,
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have effect with such modifications, adaptations, qualifications and exceptions as
may be necessary to bring it into conformity with this constitution as if made
under this Constitution by parliament or, as the case may be, by the other
authority or person.
(2) For the avoidance of doubt, and without prejudice to the general effect of
subsection (1) of this section, where anything is required or authorized by this
Constitution to be prescribed or provided for by or under an Act of Parliament, it
shall be deemed to be duly prescribed or provided for, if it has been prescribed or
provided for by or under an Act, Decree, or a Law in force immediately before the
coming into force of this Constitution.
(1) Subject to the provisions of articles 257 and 258 of this Constitution, all
properties and assets which immediately before the coming into force of this
Constitution were vested in any authority or person for the purposes of, or in right
of, the Government of Ghana or in the Government of Ghana, shall, on the
coming into force of this Constitution, without further assurance than this section,
vest in the President.
(2) Any property which was liable, immediately before the coming into force of
this Constitution, to estreat or to be forfeited to the Government of Ghana shall be
liable to estreat or to be forfeited to the Government of Ghana under this
Constitution.
(3) Where immediately before the coming into force of this Constitution any
person held any property or asset in trust -
(a) for the President of Ghana under the Constitution that was abrogated
on 31st December, 1981; or
for the purposes of, or in right of, the Government of Ghana, that person
shall, on the coming into force of this Constitution, hold the property or
asset subject to the provisions of articles 257 and 258 of this Constitution,
on the same trust for the Government of Ghana established under this
Constitution.
(4) In this section, references to property and assets vested in or held in trust shall
include property and assets vested in or held in trust immediately before the 31st
day of December 1981, for an interest which extended beyond the 30th day of
December, 1981 and has not been surrendered.
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33. DEVOLUTION OF OTHER RIGHTS AND LIABILITIES
(b) any right, power, privilege, obligation, liability, duty or function vested
in, or subsisting against the Government of Ghana by or under an existing
law shall continue to so vest or subsist.
34. INDEMITY
(2) It is not lawful for any court or tribunal to entertain any action or take any
decision or make any order or grant any remedy or relief in any proceedings
instituted against the Government of Ghana or any person acting under the
authority of the Government of Ghana whether before or after the coming into
force of this Constitution or against any person or persons acting in concert or
individually to assist or bring about the change in Government which took place
on the twenty-fourth day of February 1966 on the thirteenth day of January,
1972, on the fourth day of June 1979 and on the thirty-first day of December 1981
in respect of any act or omission relating to, or consequent upon -
(a) the overthrow of the government in power before the formation of the
National Liberation council, the National Redemption Council, the
Supreme Military Council, the Armed Forces Revolutionary Council and
the Provisional National Defence Council; or
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(d) the establishment of this Constitution.
(4) The provisions of subsection (3) of this section shall have effect
notwithstanding that any such action as is referred to in that subsection was not
taken in accordance with any procedure prescribed by law.
(5) It is not lawful for any court or tribunal to entertain an action instituted in
respect of an act or omission against a person acting or omitting to act, on the
instructions or authority of the Provisional National Defence Council or the
Armed Forces Revolutionary Council or a member of the Provisional national
Defence Council or the Armed Forces Revolutionary council and alleged to be in
contravention of any law, whether substantive or procedural, in existence before
or during the administration of the Provisional National Defence Council or the
Armed Forces Revolutionary Council.
(1) Subject to subsection (2) of this section, any confiscation of any property and
any other penalties imposed by or under the authority of the Armed Forces
Revolutionary Council and the provisional national Defence Council under any
Decree or Law made by that Council, shall not be reversed by any authority under
this Constitution.
(2) Where any property or part of any property of a person was confiscated on the
basis of his holding a public or political office or on any other basis, and it is
established to the satisfaction of the Commissioner for Human Rights and
Administrative Justice that the property or that part was acquired before he
assumed the public or political office, or that it was otherwise lawfully acquired,
the property or that part shall be returned to that person.
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36. ABORATION OF P.N.D.C. (ESTABLISHMENT) PROCLAMATION
(1) Upon the coming into force of this Constitution, the Provisional National
Defence council (Establishment) Proclamation 1981 and the Provisional national
Defence Council (Establishment) Proclamation (Supplementary and consequential
Provisions) Law, 1982 (PNDCL 42) shall cease to have effect.
SECOND SCHEDULE
FORMS OF OATH
To be sworn before the President, the Chief Justice or such other person as the President may
designate.
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I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office I
shall submit myself to the laws of the Republic of Ghana and suffer the penalty for it. (So help
me God.)
I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office, I
shall submit myself to the laws of the Republic of Ghana and suffer the penalty for it. (So help
me God).
To be sworn before the President, the Chief Justice or such other person as the Chief Justice may
designate.
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THE CABINET OATH
To be sworn before the President, the Chief Justice or such other person as the President may
designate
To be sworn before the President or such other person as the President may designate.
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I,...............................................................................................do (in the name of the Almighty
God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana
as by law established; that I will uphold the integrity of the Republic of Ghana; that I will
faithfully and conscientiously discharge my duties as Speaker of Parliament; and that I will
uphold, preserve, protect and defend the Constitution of the Republic of Ghana; and that I will do
right to all manner of persons in accordance with the Constitution of Ghana and the laws and
conventions of Parliament without fear or favour, affection or ill-will. (So help me God.)
of the Republic of Ghana do (in the name of the Almighty God swear) (solemnly affirm) that I
will bear true faith and allegiance to the Republic of Ghana; that I will uphold, preserve, protect
and defend the Constitution of the Republic of Ghana; and that I will truly and faithfully perform
the functions of my office without fear or favour, affection or ill-will. (So help me God).
To be sworn before the President, or such other person as the President may designate.
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