Act 527

THE FI VI:' HUNDRED AND TWENTY ACT

-SEVENTH

Of THE PARLIAMEN'I OF THE REPUBLIC 01- GHANA

ENTITIXD

THE CONSTITUTION OF THE REPUBLIC OF GHANA (AMENDMENT) ACT, 1996

AN ACI w amend the Constitution orthe Republic of Ghana.

DATE OF ASSENT: /6111 Decemher, /996

HI. IT ENACTED h) Parliament as follows-

Article 8 of the Constitution substituted "Dual citizenship

I. Article" of the Constitution is repealed and the following inserted -8 (I) A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship or Ghana

(2) Without prejudice to article 94 (2) tal of the Constitution. no citizen or Ghana shall qualify to be appointed as a holder of an) office " specified in this clause if" he holds the citizenship of" any other count!") in addition to his citizenship of Ghana -

(0) Ambassador or High Commissioner: (h) Secretal"\' to the Cahinet;

(el Chief ot'Dcfencc Stall or am Service Chief:

(d) Inspector-General of Police:"

Ie) Commissioner. Customs, Excise and Preventive Service:

aDd the

Act 527 Constitution of the Republic of Ghana (Amendment) Act, 1996 (j) Director ofImmigration Service; and (g) any office specified by an Act of Parliament.

3. Where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own Country by virtue of that marriage, a citizen of Ghana who is deprived of his citizenship of Ghana by virtue of that marriage shall, on the dissolution of that marriage, become a citizen of Ghana".

Article 9 of the Constitution amended. 2. Article 9 of the Constitution is amended by the repeal of clause (5) thereof and the insertion of the following

"(5) Parliament may make provision by Act of Parliament for(a) the renunciation by any person of his citizenship of

Ghana; (b) the circumstances in which a person may acquire

citizenship of Ghana or cease to be a citizen of Ghana"

Artide.1U of the Constitution amended. 3. 112 of the Constitution is amended by the repeal of clause (S) insertion of the following

' . Whenever a vacancy occurs in Parliament, the Clerk of Parliament shall notify the Electoral Commission in writing within seven days after becoming aware that the vacancy has occurred; and a by-election shall be held within thirty days after the vacancy occurred except that where the vacancy occurred through the death of a member, the by-election shall be held within sixty days after the occurrence of the vacancy".

2

Constitution of the Republic of Ghana (Amendment) Act, 1996 Act 527

Article 114 of the Constitution amended. 4. Article 1 14 of the Constitution is repealed and the following inserted

"Gratuities for members of Parliament". 114. A person who has served as a member of Parliament for any period of time shall, on his death or on ceasing to be a member of Parliament in any circumstance, other than where he becomes disqualified as a member of Parliament or where he vacates his office under article 97 (1) (c) or (d), be eligible for the payment to his personal representatives or to him of such gratuity proportionate to his period of service as shall be determined by the President, acting in consultation with the Committee referred to in article 71 of this Constitution. "

Article 166 of the Constitution amended. 5. Article 166 of the Constitution is amended as follows

(a) by the insertion after sub-paragraph (viii) of paragraph (a) of clause (I) of the following

"(ix) the National Council on Women and Development; (x) the Trade Unions Congress; (xi) the Association of Private Broadcasters";

(b) by the substitution for "fifteen" in clause (I) of "eighteen";

(c) by the insertion after clause 2 of the following"(3) A person who is a founding member of a political party, is a leader or a member of its executive or holds any office in a political party shall not be qualified to be a member of the Commission".

Article 199 of the Constitution amended. 6. Article 199 of the Constitution is amended by the insertion after clause (3) of the following

"(4) Notwithstanding clause (I) of this article, a public officer who has retired from the public service after

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http:Artide.1U

Act 527 Constitution of the Republic of Ghana (Amendment) Act, 1996

attaining the age of sixty years may, where the exigencies of the service require, be engaged for a limited period of not more than two years at a time but not exceeding five years in all and upon such other terms and conditions as the appointing authority shall determine".

Article 201 of the Constitution amended. 7. Article 201 of the Constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph

"(aJ a chairman who shall be appointed by the President acting in consultation with the Council of State";

Article 206 of the Constitution amended. 8. Article 206 of the constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph

"(aJ a chairman who shall be appointed by the President acting in consultation with the Council of State;.

Article 211 of the Constitution amended. 9. Article 211 of the Constitution is amended by the repeal of paragraph (aJ and the insertion of the following paragraph

"(aJ a chairman who shall be the President or his nominee";

Date of Gazette notification: 3 1 December, 1 996

REPUBLIC OF GHANA

CONSTITUTION

OF THE

REPUBLIC

OF

GHANA

1992

4

.",V."

5.

45

45

59

7 1

76

78

84

87

89

90

ARRANGEMENT OF CHAPTERS 10. THE LEGISLATURE 66 Composition of Parliament 66

THE PREAMBLE Procedure in Parliament

CHAPTER Summoning, Dissolution, etc

I. THE CONSTITUTION Privileges and Immunities 42. TERRITORIES OF GHANA Contempt of Parliament 80 63. CITIZENSHIP The Parliamentary Service 8 1 94. THE LAWS OF GHANA 11. THEJUDICIARY 82

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 1 1 General 82

General 1 1 The Supreme Court

Emergency Powers 27 The Court of Appeal

Protection of Rights by the Courts 30 The High Court

6. THE DIRECTIVE PRINCIPLES OF STATE POLICY 3 1 Regional Tribunals

7. REPRESENTATION OF THE PEOPLE

Right to Vote

38

38 Appointment, retirement and removal of

Justices of Superior Courts and Chairmen 38Electoral Commission

and other members of Regional Tribunals. 42Political Parties

Appointment, retirement and removal 8. THE EXECUTIVE

of Judicial Officers

The Judicial Council The President

55International Relations Miscellaneous 98

56The Cabinet AND INDEPENDENCE OF THE MEDIA 10 1 The National Security Council 58

\ 05 National Development Planning Commission

61 Statistical Service

62 The Auditor-General

The Attomey- General

9. THE COUNCIL OF STATE

The Audit Service

ii

91

95

96

105

1 12

1 12

1 14

14. THE PUBLIC SERVICES

15 . THE POLICE SERVICE

16. THE PRISONS SERVICE

1 7. GHANA ARMED FORCES OF GHANA

18 . COMMISSION ON HUMAN RIGHTS AND

ADMINISTRATIVE JUSTICE

1 9. NATIONAL COMMISSION FOR CIVIC

EDUCATION

20. DECENTRALIZATION AND LOCAL

GOVERNMENT

21 . LANDS AND NATURAL RESOURCES

Public Lands

Lands Commission

Ownership of land by Non-Citizens

Stool and Skin Lands and Property

Protecting Natural Resources

22: CHIEFTAINCY

23. COMMISSIONS OF INQUIRY

24. CODE OF CONDUCT FOR PUBLIC OFFICERS

25 AMENDMENT OF THE CONSTITUTION

26 MISCELLANEOUS

iii

1 16

1 20

123

1 27

1 30

135

1 37

143

143

143

147

147

1 49

1 5 0

1 5 4

1 5 7

1 6 0

1 63

First Schedule

Part I

Part II

Part III

Part IV

Second Schedule

Oaths

SCHEDULES

Transitional Provisions

First President

First Parliament

The Judiciary

Miscellaneous

1 7 1

1 7 1

1 7 1

1 72

1 74

1 8 5

1 8 5

iv

23

24

THE CONSTITUTION OF THE REPUBLIC OF GHANA

ARRANGEMENT OF ARTICLES

CHAPTER ONE

THE CONSTITUTION

Article

1 . Supremacy of the Constitution

2. Enforcement of the Constitution

3. Defence of the Constitution

CHAPTER TWO

TERRITORIES OF GHANA

4. Territories of Ghana

5. Creation, Alteration or Merger of Regions

CHAPTER THREE

CITIZENSHIP

CHAPTER FOUR

THE LAWS OF GHANA

II. The Laws of Ghana 9

CHAPTER FIVE

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

General

1 2. Protection of Fundamental Human Rights and Freedoms I I

1 3. Protection of Right to Life I I

14. Protection of Personal Liberty 1 2

1 5. Respect for Human Dignity 1 3

1 6. Protection from Slavery and Forced Labour 1 4

1 7. Equality and Freedom from Discrimination 14

18 . Protection of Privacy of Horne and Other Property IS

19. Fair Trial IS

20. Protection from Deprivation of Property 19

2 1 . General Fundamental Freedoms 2 1

2

4

4

6

6

7

7

8

22. Property Rights of Spouses 6. Citizenship ofGhana

23. Administrative Justice 7. Persons entitled to be registered as Citizens