1992 Constitution of Ghana - The Legal Solicitors

PREAMBLE

IN THE NAME OF THE ALMIGHTY GOD

We the People of Ghana,

IN EXERCISE of our natural and inalienable right to establish a framework of
government which shall secure for ourselves and posterity the blessings of liberty, equality of
opportunity and prosperity;

IN A SPIRIT of friendship and peace with all peoples of the world;

AND IN SOLEMN declaration and affirmation of our commitment to Freedom, Justice,
Probity and Accountability;

The Principle that all powers of Government spring fiom the Sovereign Will of the
People;

The Principle of Universal Adult Suffrage;
The Rule of Law;

The protection and preservation of Fundamental Human Rights and Freedoms, Unity and
Stability for our Nation;

DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

CHAPTER 1

The Constitution

1. Supremacy of the Constitution

(1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for
whose welfare the powers of government are to be exercised in the manner and within the
limits laid down in this Constitution.

(2) This Constitution shall be the supreme law of Ghana and any other law found to
be inconsistent with any provision of this Constitution shall, to the extent of the
inconsistency, be void.

2. Enforcement of the Constitution

(1) A person who alleges that

(a) an enactment or anything contained in or done under the authority of that
or any other enactment, or

(b) any act or omission of any person,

is inconsistent with, or is in contravention of a provision of this Constitution, may bring
an action in the Supreme Court for a declaration to that effect.

(2) The Supreme Court shall, for the purposes ofa declaration under clause (1) of this
article, make such orders and give such directions as it may consider appropriate for
giving effect, or enabling effect to be given, to the declaration so made.

(3) A person or group of persons to whom an order or direction is addressed under
clause (2) of this article by the Supreme Court, shall duly obey and carry out the terms of
the order or direction.

(4) Failure to obey or carry out the terms of an order or direction made or given
under clause (2) of this article constitutes a high crime under this Constitution and shall,
in the case of the President or the Viee-President, constitute a ground for removal from
office under this Constitution.

(5) A person convicted of a high crime under clause (4) of this article shall

(a) be liable to imprisonment not exceeding ten years without the option of a
ﬁne; and

(b) not be eligible for election, or for appointment, to any public ofﬁce for ten
years beginning with the date of the expiration of the term of imprisonment,

3. Defence of the Constitution
(1) Parliament shall have no power to enact a law establishing a one-party State.

(2) Any activity of a person or group of persons which suppresses or seeks to
suppress the lawful political activity of any other person or any class of persons, or
persons generally is unlawful.

(3) A person who
(a) by himself or in concert with others by any violent or other unlawful

means, suspends 0r overthrows or abrogates this Constitution or any part of
it, or attempts to do any such act, or

(b) aids and abets in any manner any person referred to in paragraph (a) of this
clause,

commits the offence of high [reason and shall, on conviction, be sentenced to suffer
death.

(4) A11 citizens othana shall have the right and duty at all times to

(u) defend this Constitution, and in particular, to resist any person or group of
persons seeking to commit any of the acts referred to in clause (3) of this
article; and

(b) (10 all in their power to restore this Constitution after it has been suspended,
overthrown, 0r abrogated as referred to in ciause (3) of this article.

(5) A person or group of persons who suppresses or resists the suspension, overthrow
0r abrogation of this Constitution as referred to in clause (3) of this article, commits no

offence. J

(6) Where a person referred to in clause (5) of this article is punished for an act done
under that clause, the punishment shall, on the restoration of this Constitution, be taken to
be void from the time it was imposed and he shall, from that time, be taken to be
absolved from all liabilities arising out of the punishment,

(7) The Supreme Court shall, on application by or on behalf of a person who has
suffered any punishment or loss to which clause (6) of this article relates, award him
adequate compensation, which shall he charged on the Consolidated Fund, in respect of
any suffering or loss incurred as a result of the punishment.

CHAPTER 2
TERRITORIES OF GHANA

4. Territories of Ghana

(1) The sovereign State of Ghana is a unitary Republic consisting of those territories
comprised in the regions which, immediately before the coming into force of this
Constitution, existed in Ghana, including the territorial sea and the air space.

(2) Parliament may by law provide for the delimitation of the territorial sea, the
contiguous zone, the exclusive economic zone and the continental shelf of Ghana.

5. Creation, alteration or merger of regions

(1) Subject to the provisions of this article, the President may, by Constitutional
Instrument,

(a) create a new region;
(b) alter the boundaries of a region; or

(6) provide for the merger of two or more regions.

(2) If the President, upon a petition being presented to him and, on the advice of the
Council of State, is satisﬁed that there is a substantial demand for

(a) the creation of a new region,

(b) the alteration of the boundaries of a region, whether or not the alteration
involves the creation of a new region, or

he shall, acting in accordance with the advice of the Council of State, appoint a
commission of inquiry to inquire into the demand and to make recommendations on all
the factors involved in the creation, alteration or merger.

(3) If, notwithstanding that a petition has not been presented to him, the President is,
on the advice of the Council of State, satisfied that the need has arisen for taking any of
the steps referred to in paragraphs (a), (b) and (c) of clause (1) of this article, he may,
acting in accordance with the advice of the Council of State, appoint a commission of
inquiry to inquire into the need and to make recommendations on all the factors involved
in the creation, alteration or merger.

(4) Where a commission of inquiry appointed under clause (2) or (3) of this article
finds that there is the need and a substantial demand for the creation, alteration or merger
referred to in either of those clauses, it shall recommend to the President that a
referendum be held, specifying the issues to be determined by the referendum and the
places where the referendum should be held.

(5) The President shall refer the recommendations to the Electoral Commission, and
the referendum shall be held in a manner prescribed by the Electoral Commission.

(6) An issue referred for determination by referendum under clauses (4) and (5) shall
not be taken to be determined by the referendum unless at least fifty percent of the
persons entitled tu vote cast their vutes at the referendum, and of the votes cast at least
eighty percent 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 percent of the persons entitled to vote
at the referendum in each such region voted in favour of the merger of the two or more
regions; and accordingly, clause (6) of this article shall not apply to the referendum.

(8) The President shall, under clause (1) of this article, and acting in accordance with
the results of the referendum held under clauses (4) and (5) of this article, issue a
constitutional instrument giving effect, or enabling effect to be given, to the results

CHAPTER 3
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.

(2) Subject to the provisions of this Constitution, 3 person born in or outside Ghana
after the coming into force of this Constitution, shall become a citizen of Ghana at the
date of his birth if either of his parents or grandparents is or was a citizen of Ghana.

(3) A child of not more than seven years of age found in Ghana whose parents are not
known shall be presumed to be a citizen of Ghana by birth.

(4) A Child of not more than sixteen years of age, neither of whose parents is a citizen
of Ghana, who is adopted by a citizen of Ghana shall, by virtue of the adoption, be a
citizen of Ghana.

7. Persons entitled to be registered as citizens

(I) A woman married to a man who is a citizen of Ghana (Jr a man married to a
woman who is a citizen of Ghana may, upon making an application in the manner
prescribed by Parliament, be registered as a citizen of Ghana.

(2) Clause (1) of this article applies also to a person who was martied to a person who,
but for his or her death, would have continued to he a citizen of Ghana under clause (1) of
article 6 of this Constitution.

(3) Where the marriage of a woman is annulled after she has been registered as a
citizen of Ghana under clause (1) of this article, she shall, unless she renounces that
citizenship, continue to be a citizen of Ghana.

(4) A child of a maniage of a woman registered as a citizen of Ghana under clause (1)
of this article to which clause (3) of this article applies, shall continue to be a citizen of
Ghana unless he renuunces that citizenship.

(5) whereupon an application by a man for registration under clause (1) of this
article, it appears to the authority responsible for the registration that a marriage has been
entered into primarily with a view to obtaining the registration, the authority may request
the applicant to satisfy him that the marriage was entered into in good faith; and the
authority may only effect the registration on being 50 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) A citizen of Ghana may hold the Citizenship of any other country in addition to
his citizenship othanat

(2) Without prejudice to article 94 (2) (a) of the Constitution, a citizen of Ghana shall
not qualify to be appointed as a holder of any office specified in this clause if he holds the
citizenship of any other country in addition to his citizenship of Ghana:

(a) Ambassador or High Commissioner;

(b) Secretary to the Cabinet;

(d) Inspector-General of Police;

(e) Commissioner, Customs, Excise and Preventive Service;
(f) Director of Immigration Service; and

(g) any other 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 Ghana2

9. Citizenship laws by Parliament

(1) Parliament may make provision for the acquisition of citizenship of Ghana by
persons who are not eligible to become citizens of Ghana under the provisions of this
Constitution.

(2) Except as otherwise provided in article 7 of this Constitution, a person shall not
be registered as a citizen of Ghana unless at the time of his application for registration he
is able to speak and understand an indigenous language of Ghana.

(3) The High Court may, on an application made for the purpose by the Attorney-
General, deprive a person who is a citizen of Ghana, otherwise than by birth, of that
citizenship on the ground that,

(a) the activities of that person are inimical to the security of the State or
prejudicial to public morality or the public interest; or

(b) the citizenship was acquired by fraud, misrepresentation or any other
improper or irregular ptactice.

(4) There shall be published in the Gazette by the appropriate authority and within
three months after the application or the registration, as the case may be, the name,
particulars and other details of a person who, under this article applies to be registered as
a citizen of Ghana or has been registered as a citizen of Ghana.

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

2. Amended by section I ofthe Constitution of the Republic of Ghana (Amendment) Act, I996 (Act 527).
The original article reads,
“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, acquires or
retains the citizenship of a country other than Ghana.

(2) A person who becomes a citizen of Ghana by registration and immediately after the day on

which he becomes a citizen of Ghana is also a citizen of some other country, shall cease to be
a citiIen of Ghana unless he has renounced his citizenship of that other country, taken the
0th of Ailegiance specified in the Second Schedule to this Constitution and made and
registered such declaration of his intentions concerning residence as may be prescribed by
law, or unless he has obtained an extension of time for taking those steps and the extended
period has not expired.

(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.
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 vinue 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.”

(b) the circumstances in which a person may acquire citizenship of Ghana ur
cease to be a citizen othana.

10. Interpretation

(1) A reference in this Chapter to the citizenship of the parent of a person at the time
of the birth of that person shall, in relation to a person born after the death of the parent,
be construed as a reference to the citizenship of the parent at the time of the parent’s
death.

(2) For the purposes of clause (1) of this article, where the death occurred before the
coming into force of this Constitution, the citizenship that the parent would have had if he
or she had died on the coming into force of this Constitution shall be deemed to be his or
her citizenship at the time of his or her death.

CHAPTER 4
THE LAWS OF GHANA

11. The Laws of Ghana

(1) The Laws of Ghana shall comprise
(a) this Constitution;

(1)) enactments made by or under the authority of the Parliament established by
this Constitution;

(d) the existing law; and
(e) the common law.

(2) The common law of Ghana shall comprise the rules of law generally known as
the common law, the rules generally known as the doctrines of equity and the rules of
customary law including those determined by the Superior Court of Judicature.

(3) For the purposes of this article, “customary law” means the rules of law which
by custom are applicable to particular communities in Ghana.

(4) The existing law shall, except as otherwise provided in clause (1) of this article,
comprise the written and unwritten laws of Ghana as they existed immediately before the
coming into force of this Constitution, and any Act, Decree, Law or statutory instrument
issued or made before that date, which is to come into force on or after that date.

(5) Subject to the provisions of this Constitution, the existing law shall not be
affected by the coming into force of this Constitution.

(6) The existing law shall be construed with any modifications, adaptations,
qualifications and exceptions necessary to bring it into conformity with the provisions of
this Constitution, or otherwise to give effect to, or enable effect to be given to, any
changes effected by this Constitution.

(7) Any Orders. Rules or Regulations made by a person or authority under a power
conferred by this Constitution or any other law shall,

(a) be taid before Parliament;
(b) be published in the Gazette on the day it is laid before Parliament; and

(c) come into force at the expiration of twenty-one sitting days after being so
laid unless Parliament, before the expiration of the twenty—one days, annuls
the Orders, Rules or Regulations by the votes of not less than two—thirds of
all the members of Parliament.

CHAPTER 5
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

General

[2. Protection of fundamental human rights and freedoms

(1) The fundamental human rights and freedoms enshrined in this Chapter shall be
respected and upheld by the Executive, legislature and Judiciary and all other organs of
government and its agencies and, where applicable to them, by all natural and legal persons
in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.

(2) Every person in Ghana, whatever his race, place of origin, political opinion,
colour, religion, creed or gender shall be entitled to the fundamental human rights and
freedoms of the individual contained in this Chapter but subject to respect for the rights
and freedoms of others and for the public interest.

13. Protection of right to life

(1) No person shall be deprived of his life intentionally except in the exercise of the
execution of a sentence of a court in respect of a criminal offence under the Laws of
Ghana of which he has been convicted.

(2) A person shall not be held to have deprived another person of his life in
contravention of clause (1) of this article if that other person dies as the result of a lawful
act of war or if that other person dies as the result of the use of force to such an extent as
is reasonably justifiable in the particular circumstances,

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;

(c) for the purposes of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission of a crime by that person.

[4. Protection of personal liberty

(1) Every person shall be entitled to his personal liberty and a person shall not be
deprived of his personal liberty except in the following cases and in accordance with
procedure permitted by law:

(a) in execution of a sentence or order of a court in respect of a criminal
offence of which he has been convicted; 0r

(b) in execution of an order of a court punishing him for contempt of court; or

(d) in the case of a person suffering from an infectious or contagious disease, a
person of unsound mind, a person addicted to drugs or alcohol or a vagrant,
for the purpose of his care or treatment or the protection of the community;
or

(e) for the purpose of the education or welfare of a person who has not attained
the age of eighteen years; or

(f) for the purpose of preventing the lawful entry of that person into Ghana, or
of effecting the expulsion, extraditiOn or other lawful removal of that
person from Ghana or for the purpose of restricting that person while he is
being lawfully conveyed through Ghana in the course of his extradition or
removal from one country to another; or

(g) upon reasonable suspicion of his havingrcommitted or being about to
commit a criminal offence under the Laws of Ghana.

(2) A person who is arrested, restricted or detained shall be informed immediately, in
a language that he understands, of the reasons for his arrest, restriction or detention and
of his right to a lawyer of his choice.

(3) A person who is arrested, restricted or detained

(a) for the purpose of bringing him before a court in execution of an order of a
court, or

(b) upon reasonable suspicion of his having committed or being about to
commit a criminal offence under the laws of Ghana, and who is not
released,

shall be brought before a court within forty—eight hours after the arrest, restriction or
detention.

(4) Where a person who is arrested, restricted or detained under paragraph (a) or (b)
of clause (3) of this article is not tried within a reasonable time, then, without prejudice to
any further proceedings that may be brought against him, he shall be released either
unconditionally or upon reasonable conditions, including in particular, conditions
reasonably necessary to ensure that he appears at a later date for trial or for proceedings
preliminary to trial.

(5) A person who is unlawfully arrested, restricted or detained by any other person
shall be entitled to compensation from that other person.

(6) Where a person is convicted and sentenced to a term of imprisonment for an
offence, any period he has spent in lawful custody in respect of that offence before the
completion of his trial shall be taken into account in imposing the term of imprisonment.

(7) Where a person who has served the whole or a part of his sentence is acquitted on
appeal by a court, other than the Supreme Court, the Court may certify to the Supreme
Court that the person acquitted be paid compensation; and the Supreme Court may, upon
examination of all the facts and the certificate of the Court concerned, award such
compensation as it may think fit; or, where the acquittal is by the Supreme Court, it may
order compensation to be paid to the person acquitted.

15. Respect for human dignity
(l) The dignity of all persons shall be inviolable.

(2) No person shall, whether or not he is arrested, restricted or detained, be subjected
[0

(a) torture or other cruel, inhuman 0r degrading treatment or punishment;

(b) any other condition that detracts or is likely to detract from his dignity and
worth as a human being.

(3) A person who has not been convicted of a criminal offence shall not be treated as
a convicted person and shall be kept separately from convicted persons.

(4) A juvenile offender who is kept in lawful custody or detention shall be kept
separately from an adult offender.

16. Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.

(3) For the purposes of this article, “forced labour” does not include
(a) any labour required as a result of a sentence or order of a court;

(b) any labour required of a member of a disciplined force or service as his
duties or, in the ease of a person who has conscientious objections to a
service as a member of the Armed Forces of Ghana, any labour which that
person is required by law to perform in place of such service;

(0) 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 wellbeing of the
community, to the extent that the requirement of such labour is reasonably
justifiable in the circumstances of any situation arising or existing during
that period for the purposes of dealing with the situation; or

(d) any labour reasonably required as part of normal communal or other civic
obligations.

l7. Equality and freedom from discrimination
( 1) All persons shall be equal before the law.

(2) A person shall not be discriminated against on grounds of gender, race, colour,
ethnic origin, religion, creed or social or economic status.

(3) For the purposes of this article, “discriminate” means to give different treatment
to different persons attributable only or mainly to their respective descriptions by race,
place of origin, political opinions, colour, gender, occupation, religion or creed, whereby
persons of one description are subjected to disabilities or restrictions to which persons of
another description are not made subject or are granted privileges or advantages which
are not granted to persons of another description,

(4) Nothing in this article shall prevent Parliament from enacting laws that are
reasonably necessary to provide

(a) for the implementation of policies and programmes aimed at redressing
social, economic or educational imbalance in the Ghanaian society;

(b) for matters relating to adoption, marriage, divorce, burial, devolution of
property on death or other matters of personal law;

(.9) for the imposition of restrictions on the acquisition of land by persons who
are not citizens of Ghana or (m the political and economic activities of Such
persons and for other matters relating to such persons; or

(d) for making different provision for different communities having regard to
their special circumstances not being provision which is inconsistent with
the spirit of this Constitution.

(5) Nothing shall be taken to be inconsistent with this article which is allowed to be
done under any provision of this Chapter.

18. Protection of privacy of home and other property

(1) Every person has the right to own property either alone or in association with
others.

(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 wellbeing
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.

19. Fair trial

(1) A person charged with a criminal offence shalt be given a fair hearing within a
reasonable time by a court.
(2) A person charged with a criminal offence shall,

(a) in the case of an offence, other than high treason 0r treason, the punishment 7
for which is death or imprisonment for life, be tried by a judge and jury
and,

(i) where the punishment is death, the verdict of the jury shall be
unanimous; and

(ii) in the case of imprisonment, the verdict of the jury shall be by such
majority as Parliament may by law prescribe;

(b) in the case of an offence triable by a Regional Tribunal the penalty for
which is death, the decision of the Chairman and the other panel members
shall be unanimous;

(d) be informed immediately in a language that he understands, and in detail,
of the nature of the offence charged;

(e) be given adequate time and facilities for the preparation of his defence;

(f) be permitted to defend himself before the Court in person or by a lawyer of
his choice;

(g) be afforded facilities to examine, in person or by his lawyer, the witnesses
called by the prosecution before the Court, and to obtain the attendance and
carry out the examination of witnesses to testify on the same conditions as
those applicable to witnesses called by the prosecution;

(It) be permitted to have, without payment by him, the assistance of an
interpreter where he cannot understand the language used at the trial; and

(i) in the case of the offence of high treason, be tried by the High Court duly
constituted by three Justices of that Court and the decision by the three
Justices shall be unanimous.

(3) The trial of a person charged with a criminal offence shalt 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

(b) he conducts himself in such a manner as to render the continuation of the
proceedings in his presence impracticable and the Court orders him to be
removed for the trial to proceed in his absence.

(4) Whenever a person is tried for a criminal offence the accused person or a person
authorised by him shall, if he so requires, be given, within a reasonable time not
exceeding six months after judgment, :1 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.

(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
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.

(11) No person shall be convicted of a criminal offence unless the offence is defined
and the penalty for it is prescribed in a written law.

(12) Clause (11) of this article shall not prevent a Superior Court from punishing a
person for contempt of itself notwithstanding that the act or omission constituting the
contempt is not defined in a written law and the penalty is not so prescribed.

(13) An adjudicating authority for the determination of the existence or extent of a
Civil right or obligation shall, subject to the provisions of this Constitution, be established
by law and shall be independent and impartial; and where proceedings for determination
are instituted by a person before such an adjudicating authority, the case shall be given a
fair hearing within a reasonable time.

(14) Except as may be otherwise ordered by the adjudicating authority in the interest
of public morality, public safety or public order the proceedings of any such adjudicating
authority shall be in public.

(15) Nothing in this article shall prevent an adjudicating authority from excluding
from the proceedings persons, other than the parties to the proceedings and their lawyers,
to such an extent as the authority

(a) may consider necessary or expedient in circumstances where publicity
would prej udice the interests of justice; or

(b) may be empowered by law to do in the interest of defence, public safety,
public order, public morality, the welfare of persons under the age of
eighteen or the protection of the private lives of persons concerned in the
proceedings.

(16) Nothing in, or done under the authority of, any law shall be held to be
inconsistent with, or in contravention of, the following provisions:

((1) 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 proving particular facts; or

(b) clause (7) of this article, to the extent that the law in question authorises a
court to try a member of a disciplined force for a Criminal offence
notwithstanding any trial and conviction or acquittal 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

(a) in levying war against Ghana or assisting any State or person or inciting 0r
conspiring with any person to levy war against Ghana, or

(b) in attempting by force of arms or other violent means to overthrow the
organs of government established by or under this Constitution, or

(c) in taking part or being concerned in or inciting 0r conspiring with any
person to make or take part or be concerned in, any such attempt.

(18) An act which aims at procuring by constitutional means an alteration of the law
0r 0f the policies of the Government shall not be considered as an act calculated to
overthrow the organs of government‘

(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 on active service, commits an
offence which is within the jurisdiction of a civil court, he shall not be tried by a court-
martial or mi|itary tribunal for the offence unless the offence is within the jurisdiction of
a court~martial or other military tribunal 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.

20. Protection from deprivation of property

(1) No property of any description, or interest in or right over any property shall be
compulsorily taken possession of or acquired by the State unless the following conditions
are satisfied:

(a) the taking of possession or acquisition is necessary in the interest of
defence, public safety, public order, public morality, public health, town
and country planning or the development or utilisation of property in such a
manner as to promote the public benefit; and

(b) the necessity for the acquisition is clearly stated and is such as to provide
reasonable justification for causing any hardship that may result to any
person who has an interest in or right over the property.

(2) Compulsory acquisition of property by the State shall only be made under a law
which makes provision for

(a) the prompt payment of fair and adequate compensation; and

(b) a right of access to the High Court by any person who has an interest in or
right over the property whether direct or on appeal from any other authority
for the determination of his interest or right and the amount of com-
pensation to which he is entitled.

(3) Where a compulsory acquisition or possession of land effected by the State in
accordance with clause (1) of this article involves displacement of any inhabitants, the
State shall resettle the displaced inhabitants 0n suitable alternative land with due regard
for their economic wellbeing and social and cultural values.

(4) Nothing in this article shall be construed as affecting the operation of any general
law so far as it provides for the taking of possession or acquisition of property

(a) by way of vesting or administration of trust property, enemy property or
the property of persons adjudged or otherwise declared bankrupt or
insolvent, persons of unsound mind, deceased persons or bodies corporate
or unincorporated in the course of being wound up; or

(b) in the execution of a judgment or order of a court; or

(d)
(8)

in consequence of any law with respect to the limitation of actions; or

for 50 long only as may be necessary for the purpose of any examination,
investigation, trial or inquiry; or

for so long as may be necessary for the carrying out of work on any land
for the purpose of the provision of public facilities or utilities, except that
where any damage results from any such work there shall be paid
appropriate compensation.

(5) Any property compulsorily taken possession of or acquired in the public interest
or for a public purpose shall be used only in the public interest or for the public purpose
for which it was acquired.

(6) Where the property is not used in the public interest or for the purpose for which
it was acquired, the owner of the property immediately before the compulsory
acquisition, shall be given the first option for acquiring the property and shall, on such re-
acquisition 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 ofthe property at the time of
the re-acquisition.

21. General fundamental freedoms

(1) All persons shall have the right to

(a)

(b)

(e)

0‘)

(3)

freedom of speech and expression, which shall include freedom of the press
and other media;

freedom of thought, conscience and belief, which shall include academic
freedom;

freedom to practise any teligion and to manifest such practice;

freedom of assembly including freedom to take part in processions and
demonstrations;

freedom of association, which shalt include freedom to form or join trade
unions or other associations, national and international, for the protection
of their interest;

information, subject to such qualifications and laws as are necessary in a
democratic society;
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.

(2) A restriction on a person’s freedom of movement by his lawful detention shall not
be held to be inconsistent with or in contravention of this article.

(3) All citizens shall have the right and freedom to form or join political parties and
to participate in political activities subject to such qualifications and laws as are
necessary in a free and democratic society and are consistent with this Constitution.

(4) Nothing in, or done under the authority of, a law shall be held to be inconsistent
with, or in contravention of, this article to the extent that the law in question makes
provision

(a) for the imposition of restrictions by order of a court, that are required in the
interest of defence, public safety or public order, on the movement or
residence within Ghana of any person; or

(b) for the imposition of restrictions, by order of a court, on the movement or
residence within Ghana of any person either as a result of his having been
found guilty of a criminal offence under the Laws of Ghana or for the
purposes of ensuring that he appears before a court at a later date for trial
for a criminal offence or for proceedings relating to his extradition 0r
lawful removal from Ghana; or

(c) for the imposition of restrictions that are reasonably required in the interest
of defence, public safety, public health or the running of essential services,
on the movement or residence within Ghana of any person or persons
generally, or any class of persons; or

(d) for the imposition of restrictions on the freedom of entry into Ghana, or of
movement in Ghana, of a person who is not a citizen of Ghana; or

(e) that is reasonably required for the purpose of safeguarding the people of
Ghana against the teaching or propagation of a doctrine which exhibits or
encourages disrespect for the nationhood of Ghana, the national symbols
and emblems, or incites hatred against other members of the community;

except so far as that provision or, as the case may be, the thing clone under the authority
of that law is shown not to be reasonably justifiable in terms of the spirit of this
Constitution.

(5) Wherever 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,

22. Property rights of spouses

(1) A spouse shall not be deprived of a reasonable provision out of the estate of a
spouse whether or not the spouse died having made a will.

(2) Parliament shall, as soon as practicable after the coming into force of this
Constitution, enact legislation regulating the property rights of spouses.

(3) With a view to achieving the full realisation of the rights referred to in clause (2)
of this article,

(a) spouses shall have equal access to property jointly acquired during
marriage;

(b) assets which are jointly acquired during marriage shall be distributed
equitably between the spouses upon dissolution of the marriage.

23. Administrativejustice

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.

24. Economic rights

(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 cheice 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 reasonabiy necessary in
the interest of national security or public order or for the protection of the rights and
freedoms of others.

25. Educational rights

(1) All persons shall have the right to equal educational opportunities and facilities
and with a view to achieving the full realisation of that right,

(a) basic education shall be free, compulsory and available to all;

(b) secondary education in its different forms, including technical and
vocational education, shall be made generally availahie and accessible to
all by every appropriate means, and in particular by the progressive
introduction of free education;

(c) higher education shall be made equally accessible to all, on the basis of
capacity, by every appropriate means, and in particular, by progressive
introduction of free education;

(d) functional literacy shall he encouraged or intensified as far as possible;

(e) the development of a system of schools with adequate facilities at all levels
shall be actively pursued.

(2) Every person shall have the right, at 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.

26. Cultural rights and practices

(1) Every person is entitled to enjoy, practise, profess, maintain and promote any
culture, language, tradition or religion subject to the provisions of this Constitution.

(2) All customary practices which dehumanise or are injurious to the physical and
mental wellbeing ofa person are prohibited.

27. Women’s rights

(1) Special care shall be accorded to mothers during a reasonable period before and
after childbirth; and during those periods, working mothers shall be accorded paid leave.

(2) Faciiities shall be provided for the care of children below school-going age to
enable women, who have the traditional care for children, to realise their full potential.

(3) Women shall be guaranteed equal rights to training and promotion without any
impediments from any person.

28. Children‘s rights

(1) Parliament shall enact such laws as are necessary to ensure that

(a) every child has the right to the same measure of special care, assistance and
maintenance as is necessary for its development from its natural parents,
except where those parents have effectively surrendered their rights and
responsibilities in respect of the child in accordance with law;

(1;) every child, whether or not born in wedlock, shall be entitled to reasonable
provision out of the estate of its parents;

(0) parents undertake their natural right and obligation of care, maintenance
and upbringing of their children in cooperation with such institutions as
Parliament may, by law. prescribe in such manner that in all cases the
interest of the children are paramount;

(:1) 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 unity of society are
safeguarded in promotion of the interest of children.

(2) Every chiid 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 0r degrading
treatment or punishment.

(4) No child shall be deprived by any other person of medical treatment, education or
any other social or economic benefit by reason only of religious or other beliefs.

(5) For the purposes of this article, “child” means a person below the age of eighteen
years,

29. Rights of disabled persons

(1) Disabled persons have the right to live with their families or with foster parents
and to participate in social, Creative or recreational activities.

(2) A disabled person shall not be subjected to differential treatment in respect of his
residence other than that required by his conditions or by the improvement which he may
derive from the treatment.

(3) If the stay of a disabled person in a specialised establishment is indispensable, the
environment and living conditions there shall be as close as possible to those of the
normal life of a person of his age.

(4) Disabled persons shall be protected against all exploration. all regulations and all
treatment ofa discriminatory, abusive or degrading nature

(5) In any judicial proceedings in which a disabled person is a party the legal
procedure applied shall take his physical and mental condition into account

(6) As far as practicable, every place to which the public have access shall have
appropriate facilities for disabled persons.

(7) Special incentives shall be given to disabled persons engaged in business and also
to business organisations that employ disabled persons in significant numbers.

(8) Parliament shall enact such laws as are necessary to ensure the enforcement of the
provisions of this article.

30. Rights of the sick

A person who by reason of sickness or any other cause is unable to give his consent
shall not be deprived by any other person of medical treatment, education or any other
social or economic benefit by reason only of religious or other beliefs.

Emergency Powers

3]. Emergency powers

(1) The President may, acting in accordance with the advice of the Council of State,
by Proclamation published in the Gazette, declare that a state of emergency exists in
Ghana or in any part of Ghana for the purposes of the provisions of this Constitution.

(2) Notwithstanding any other provision of this article, where a proclamation is
published under clause (1) of this article, the President shall place immediately before
Parliament the facts and circumstances leading to the declaration of the state of
emergency.

(3) Parliament shall, within seventyutwo hours after being so notified, decide whether
the proclamation should remain in force or should be revoked; and the President shall act
in accordance with the decision of Parliament.

(4) A declaration of a state of emergency shall cease to have effect at the expiration
of a period of seven days beginning with the date of publication of the declaration,
unless, before the expiration of that period, it is approved by a resolution passed for that
purpose by a majority of all the members of Parliament.

(5) Subject to clause (7) of this article, a declaration of a state of emergency approved
by a resolution of Parliament under clause (4) of this article shall continue in force until
the expiration of a period of three months beginning with the date of its being so
approved or until such earlier date as may be specified in the resolution.

(6) Parliament may, by resolution passed by a majority of all members of Parliament,
extend its approval of the declaration for periods of not more than one month at a time.

(7) Parliament may, by a resolution passed by a majority of all the members of
Pariiament, at any time, revoke a declaration of a state of emergency approved by
Parliament under this article,

(8) For the avoidance of doubt, it is hereby declared that the provisions of any
enactment, other than an Act of Parliament, dealing with a state of emergency declared
under clause ( 1) of this article shall apply only to that part of Ghana where the emergency
exists. J

(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

(a) is calculated or likely to deprive the community of the essentials of life; or

(b) renders necessary the taking of measures which are required for securing
the public safety, the defence of Ghana and the maintenance of public order
and of supplies and services essential to the life of the community.

(10) Nothing in, or done under the authority of an Act of Parliament shall be held to
be inconsistent with, or in contravention of articles 12 to 30 of this Constitution to the
extent that the Act in question authorises the taking, during any period when a state of
emergency is in force, of measures that are reasonably justifiable for the purposes of
dealing with the situation that exists during that period.

32. Persons detained under emergency law

(1) Where a person is restricted or detained by virtue of a law made pursuant to a
declaration of a state of emergency, the following provisions shall apply:

(a) he shall as soon as practicable, and in any case not later than twenty-four
hours after the commencement of the restriction or detention, be furnished
with a statement in writing specifying in detail the grounds upon which he
is restricted or detained and the statement shall be read or interpreted to the
person restricted or detained;

(b) the spouse, parent, child or other available next of kin of the person
restricted or detained shall be informed of the detention or restriction
within twenty«four hours after the commencement of the detention or
restriction and be permitted access to the person at the earliest practicable
opportunity, and in any case within twenty-four hours after the
commencement of the restriction or detention;

(c) not more than ten days after the commencement of his restriction or
detention, a notification shall be published in the Gazette and in the media
stating that he has been restricted or detained and given particulars of the
provision of law under which his restriction or detention is authorised and
the grounds of his restriction or detention;

(d) not more than ten days after commencement of his restriction or detention,
‘ and after that, during his restriction or detention, at intervals of not more
than three months, his case shall be reviewed by a tribunal composed of not
less than three Justices of the Superior Court of Judicature appointed by the
Chief Justice; except that the same tribunal shall not review more than once

the case of a person restricted or detained;

(e) he shall be afforded every possible facility to consult a lawyer of his choice
who shall be permitted to make representations to the tribunal appointed
for the review of the case ot‘the restricted or detained person;

(I) at the hearing of his case, he shall be permitted to appear in person or by a
lawyer of his choice.

(2) On a review by a tribunal of the case of a restricted or detained person, the
tribunal may order the release of the person and the payment to him of adequate
compensation or uphold the grounds of his restriction or detention; and the authority by
which the restriction or detention was ordered shall act accordingly.

(3) In every month in which there is a sitting of Parliament, a Minister of State
authorised by the President, shall make a report to Parliament of the number of persons
restricted or detained by virtue of such a law as is referred to in clause (10) of article 31
of this Constitution and the number of cases in which the authority that ordered the
restriction or detention has acted in accordance with the decisions of the tribunal
appointed under this article.

(4) Notwithstanding clause (3) of this article, the Minister referred to in that clause
shall publish every month in the Gazette and in the media,

(a) the number and the names and addresses of the persons restricted or
detained;

(b) the number of cases reviewed by the tribunal; and

(c) the number of cases in which the authority which ordered the restriction or
detention has acted in accordance with the decisions of the tribunal
appointed under this article.

(5) For the avoidance of doubt, it is hereby declared that at the end of an emergency
declared under clause (l) of article 31 of this Constitution, 3 person in restriction or
detention or in custody as a result of the declaration of the emergency shall be released
immediately.

Protection of Rights by the Courts

33. Protection of rights by the Courts

(1) Where a person alleges that a provision of this Constitution on the fundamental
human rights and freedoms has been, 01’ is being or is likely to be contravened in relation
to him, then, without prejudice to any other action that is lawfully available, that person
may apply 10 the High Court for redress

(2) The High Court may, under clause (1) of this article, issue such directions 0!
orders or writs inciuding writs or orders in the nature of habeas corpus, certiorari,
mandamus, prohibition and qua warranto as it may consider appropriate for the purposes
of enforcing 0r 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 C0urt
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 of Judicature for the purposes of this
article.

(5) The rights, duties, declarations and guarantees relating to the fundamental human
rights and freedoms specifically mentioned in this Chapter shall not be regarded as
excluding others not specifically mentioned which are considered to be inherent in a
democracy and intended to secure the freedom and dignity of man.

CHAPTER 6
THE DIRECTIVE PRINCIPLES OF STATE POLICY

34. Implementation of directive principles

(1) The Directive Principles of State Policy contained in this Chapter shall guide all
citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet,
political parties and other bodies and persons in applying 0r 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 realisation of the policy objectives contained in this Chapter; and, in particular,
the realisation of basic human rights, a healthy economy, the right to work, the right to
good health care and the right to education.

35. Politicalobjectives

(1) Ghana shall be a democratic State dedicated to the realisation of freedom and
justice, and accordingly, sovereignty resides in the people of Ghana from whom the
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 wellbeing 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 (in the grounds of place of origin, circumstances of
birth, ethnic origin, gender or religion, creed or other beliefs.

(6) Towards the achievement of the objectives stated in clause (5) of this article, the
State shall take appropriate measures to

(a) foster a spirit of loyalty to Ghana that overrides sectional, ethnic and other
loyalties;

(b) achieve reasonable regional and gender balance in recruitment and
appointment to public offices;

(11) make democracy a reality by decentralising the administrative and financial
machinery of government to the regions and districts and by affording all
possible opportunities to the people to participate in decision—making at
every level in national life and in government; and

(e) ensure that whenever practicable, the headquarters of a government or
public institution offering any service is situated in an area within any
region, taking into account the resources and potentials of the region and
the area.

(7) As far as practicable, the 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.

36. Economic objectives

(1) The State shall take all necessary action to ensure that the national economy is
managed in such a manner as to maximise 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 uarantee of a fair and realistic remuneration for reduction and
g . . . . .p .
productmty In order to encourage continued production and higher
productivity;

(1;) affording ample opportunity for individual initiative and creativity in
economic activities and fostering an enabling environment for a
pronounced role of the private sector in the economy;

(c) ensuring that individuals and the private sector bear their fair share of
social and national responsibilities including responsibilities to contribute
to the overall development of the country;

(d) undertaking even and balanced development of all regions and every part
of each region of Ghana, and, in particular. improving the conditions of life
in the rural areas, and generally, redressing any imbalance in development
between the rural and the mban areas;

(6) 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 coordinated 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 cooperation 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.

37. Social objectives

(1) The State shall endeavour to secure and protect a social order founded on the
ideas 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 quality of rights, obligations and opportunities before the
law.

(2) The State shall enact appropriate laws to assure

(a) the enjoyment of rights of effective participation in development processes
including rights of people to form their own associations free from State
interference and to use them to promote and protect their interests in
relation to development processes, rights of access to agencies and officials
of the State necessary in order to realise effective participation in
development processes; freedom to form organisations to engage in self-
help and income generating projects, and freedom to raise funds to support
those activities;

(b) the protection and promotion of all other basic human rights and freedoms,
including the rights of the disabled, the aged, children and other vulnerable
groups in development processes.

(3) In the discharge of the obligations stated in clause (2) of this article, the State
shall be guided by international human rights instruments which recognise and apply
particular categories of basic human rights to development processes.

(4) The State shall maintain a population policy consistent with the aspirations and
development needs and objectives of Ghana.

(5) The State shall ensure that adequate facilities for sports are provided throughout
Ghana and that sports are promoted as a means of fostering national integration, health
and self—discipline as well as international friendship and understanding.

(6) The State shall

a ensure that contributor schemes are instituted and maintained that will
y
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.

38. Educationalobjectives

(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 these facilities available to all
Citizens.

(2) The Government shallj within two years after Parliament first meets after the
coming into force of this Constitution, draw up a programme for implementation within
the following ten years, for the provision of free compulsory and universal basic
education.

(3) The State shall, subject to the availability of resources, provide

(a) equal and balanced access to secondary and other appropriate pre—
university education, equal access to university or equivalent education,
with emphasis on science and technology;

(b) a free adult literacy programme, and free vocational training, rehabilitation
and resettlement of disabled persons; and

39. Cultural objectives

(1) Subject to clause (2) of this article, the State shall take steps to encourage the
integration of appropriate customary values into the fabric of national life through formal
and informal education and the conscious introduction of cultural dimensions to relevant
aspects of national planning.

(2) The State shall ensure that appropriate customary and cultural values are adapted
and developed as an integral part of the growing needs of the society as a whole; and, in
panicular, that traditional practices which are injurious to the health and wellbeing 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
artefacts.

40. International relations

In its dealings with other nations, the Government shall

(a)
(b)

(C)

((1)

promote and protect the interests of Ghana;

seek the establishment of a just and equitable international economic and
social order;

promote respect for international law, treaty obligations and the settlement
of international disputes by peaceful means;

adhere tn the principles enshrined in or as the case may be, the aims and
ideals of,

(i) the Charter of the United Nations;
(ii) the Charter of the Organisation of African Unity;
(iii) the Commonwealth;
(iv) the Treaty of the Economic Community of West African States; and

(v) any other international organisation of which Ghana is a member.

4]. Duties of a citizen

The exercise and enjoyment of rights and freedoms is inseparable from the
performance of duties and obligations, and accordingly, it shall be the duty of every

citizen

(‘1)

(b)
(C)
(d)

(c)

(g)
(h)
(i)
(i)

(k)

to promote the prestige and good name of Ghana and respect the symbols
of the nation;

to uphold and defend this Constitution and the law;
to foster national unity and live in harmony with others;

to respect the rights, freedoms and legitimate interests of others, and
generally to refrain from doing acts detrimental to the welfare of other
persons;

to work conscientiously in his lawfully chosen occupation;

to protect and preserve public property and expose and combat misuse and
waste of public funds and property;

to contribute to the wellbeing of the community where that citizen lives;
to defend Ghana and render national service when necessary;
to cooperate with lawful agencies in the maintenance of law and order;

to declare his income honestly to the appropriate and lawful agencies and
to satisfy all tax obligations; and

to protect and safeguard the environment.

CHAPTER 7
REPRESENTATION OF THE PEOPLE

Right to Vote

42. The right to vote

Every citizen of Ghana of eighteen years of age or above and of sound mind has the
right to vote and is entitled to be registered as a voter for the purposes of public elections
and referenda.

E [ectoml C 0mmisst’an

43. The Electoral Commission
(1) There shall be an Electoral Commission which shall consist of,
(a) a Chairman,
(b) two Deputy Chairmen, and
(c) four other members.

(2) The members of the Commission shall be appointed by the President under article 70
of this Constitution.

44. Qualiﬁcations, terms and conditions of service of members of the Electoral
Commission

(1) A person is not qualified to be appointed a member of the Electoral Commission
unless he is qualified to be elected as a member of Parliament.

(2) The Chairman of the Electoral Commission shall have the same terms and
conditions of service as a Justice of the Court of Appeal.

(3) The two Deputy Chairmen 0f 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.

45. Functions of the Electoral Commission

The Electoral Commission has the following functions:

(a) to compiie the register of voters and revise it at such periods as may be
determined by law;

(b) to demarcate the electoral boundaries for both national and local
government elections;

(c) to conduct and supervise all public elections and referenda;
(d) to educate the people on the electoral process and its purpose;

(2) to undertake programmes for the expansion of the registration of voters;
and

(f) to perform such other functions as may be prescribed by law.

46. Independence of the Commission

Except as provided in this Constitution or in any other law not inconsistent with this
Constitution, in the performance of its functions, the Electoral Commission, is not 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}

(2) No constituency shall fall within more than one region‘

(3) The boundaries of each constituency shall be such that the number of inhabitants
in the constituency is, as nearly as possible, equal to the population quota.

(4) For the purposes of clause (3) of this article, the number of inhabitants of a
constituency may be greater or less than the population quota in order to take account of
means of communication, geographical features, density of popuiation and area and
boundaries ot‘the regions and other administrative or traditional areas.

(5) The Electoral Commission shall review the division of Ghana into constituencies
at intervals of not less than seven years, or within twelve months after the publication of
the enumeration figures after the holding of a census of the population of Ghana,
whichever is earlier, and may, as a result, alter the constituencies.

(6) Where the boundaries of a constituency established under this article are altered
as a result of a review, the alteration shall come into effect upon the next dissolution of
Parliament.

(7) For the purposes of this article, “population quota” means the number obtained
by dividing the number of inhabitants of Ghana by the number of constituencies into
which Ghana is divided under this article.

48. Appeals from decisions of the Commission

(1) A person aggrieved by a decision of the Electoral Commission in respect of a
demarcation of a boundary, may appeal to a tribunal consisting of three persons
appointed by the Chief Justice and the Electoral Commission shall give effect to the
decision of the tribunal.

3. By virtue of the Representation of the People (Parliamentary Constituencies) Instrument, 1992 (I..I, t538)
there were two hundred members of Parliament. By virtue of the Representation of the People
(Parliamentary Constituencies) Instrument, 2004 (LL) there are now two hundred and thirty members of
Patliament.

(2) A person aggrieved by a decision of the tribunal referred to in clause (1) of this
article may appeal to the Court of Appeal whose decision on the matter shall be final.

49. Voting at elections and referenda
(1) At any public election or referendum, voting shall be by secret ballot.

(2) Immediately after the close of the poll, the presiding officer shall, in the presence
of such of the candidates or their representatives and their polling agents as are present,
proceed to count, at that polling station, the ballot papers of that station and record the
votes cast in favour of each candidate or question.

(3) The presiding officer, the candidates or their representatives and, in the case of a
referendum, the parties contesting or their agents and the polling agents if any, shall then
sign a declaration stating

(u) the polling station, and
(b) the number of votes cast in favour of each candidate or question,

and the presiding officer shall, there and then, announce the results of the voting at that
polling station before communicating them to the returning officer.

(4) Subject to the provisions of this Constitution, an issue for determination by
referendum shall not be taken to be determined unless at least thirty-five percent at the
persons entitled to vote at the referendum voted and, of the votes cast, at least seventy
percent voted in favour of the issue.

50. Election of candidates

(1) Subject to the provisions of this Constitution, where at the close of nominations
and on the day before a public election

(a) two or more candidates have been nominated, the election shall be held
and the candidate who receives the largest number of votes cast shall be
declared elected; or

(19) only one candidate is nominated, there shall be no election and that
candidate shall he 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, 3 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.

51. Regulations for elections and referenda

The Electoral Commission shall, by constitutional instrument, make Regulations for
the effective performance of its functions under this Constitution or any other law, and in
particular, for the registration of voters, the conduct of public elections and referenda,
including provision for voting by proxy.4

52. Regional and district representatives of the Commission
There shall be in every region and district a representative of the Electoral Com«

mission who shall perform such functions as shall be assigned to him by the Commission.

53. Appointment of staff of the Commission

The appointment of officers and other employees of the Electoral Commission shall
he made by the Commission acting in consultation with the Public Services Commission

54. Expenses of the Commission charged on the Consolidated Fund

The administrative expenses of the Electoral Commission including salaries, allow-
ances and pensions payable to, or in respect of persons serving with the Commission,
shall be charged on the Consolidated Fund.

Political Parties

55. Organisation of political parties
(1) The right to form political parties is hereby guaranteed.
(2) Every citizen of Ghana of voting age has the right to join a political party.

(3) Subject to the provisions of this article, a political party is free to participate in
shaping the political will of the people, to disseminate information on political ideas,
social and economic programmes of a national character, and sponsor candidates for
elections to any public office other than to District Assemblies or lower local government
units.

(4) Every political party shall have a national character, and membership shall not be
based on ethnic, religious, regional or other sectional divisions.

(5) The internal organisation of a political party shall conform to democratic
principles and its actions and purposes shall not contravene or be inconsistent with this
Constitution or any other law,

(6) An organisation shall not operate as a political party unless it is registered as such
under the Law for the time being in force for the purpose.

(7) For the purposes of registration, a prospective political party shall furnish the
Electoral Commission with a copy of its constitution and the names and addresses of its
national officers; and shall satisfy the Commission that

(a) there is ordinarily resident, or registered as a voter, in each district of
Ghana, at least one founding member of the party;

4. See C.l. 1, CJ. 2, Cl. 4, C.|.10, C.l. 12, CI. 14, Cl. 15, Cl. 18.

(b) the party has branches in all the regions of Ghana and is, in addition,
organised in not less than two—thirds of the districts in each region; and

(c) the party’s name, emblem, colour, motto or any other symbol has no ethnic,
regional, religious or other sectional connotation or gives the appearance
that its activities are conﬁned only to a part of Ghana.

(8) A political party shall not have as a founding member, a leader or a member of its
executive, a person who is not qualified to be elected as a member of Parliament or to
hold any other public office.

(9) The members of the national executive committee of a political party shall be
chosen from all the regions of Ghana.

(10) Subject to the provisions of this Constitution, every citizen of voting age has the
right to participate in political activity intended to inﬂuence the composition and policies
of the Government.

(11) The State shall provide fair opportunity to all political parties to present their
programmes to the public by ensuring equal access to the State—uwned media.

(12) All presidential candidates shall be given the same amount of time and space on
the State-owned media to present their programmes to the people.

(13) Every candidate for election to Parliament has the right to conduct his campaign
freely and in accordance with law.

(14) Political panics shall be required by law

(a) to declare to the public their revenues and assets and the sources of those
revenues and assets; and

(b) to publish to the public annually their audited accounts.

(15) Only a citizen of Ghana may make a contribution or donation to a political party
registered in Ghana

(16) A member of an organisation or interest group shall not be required to join a
particular political party by virtue of his membership of the organisation or group

(1 7) Subject to the provisions of this Chapter, Parliament shall by law regulate the
establishment and functioning of political parties.

56. Restriction of certain propaganda

Parliament shall have no power to enact a law to establish or authorise the
establishment of a body or movement with the right or power to impose on the people of
Ghana 21 common programme or a set of objectives of a religious or political nature.

CHAPTER 8
THE EXECUTIVE
The President

57. The President of Ghana

(1) There shall be a President of the Republic of Ghana who shall be the Head of
State and Head of Government and Commander-in-Chief 0f the Armed Forces of Ghana.

(2) The President shall take precedence over all other persons in Ghana; and in
descending order, the Vice—President, the Speaker of Parliament and the Chief Justice,
shall take precedence over all other persons in Ghana.

(3) Before assuming office the President shall take and subscribe before Parliament
the Oath of Allegiance and the Presidential Oath set out in the Second Schedule to this
Constitution.

(4) Without prejudice to the provisions of article 2 of this Constitution, and subject to
the operation of the prerogative writs, the President shall not, while in office, be liable to
proceedings in any court for the performance of his functions, or for any act done or
omitted to be done, or purported to be done, or purported to have been done or purporting
to be done in the performance of his functions, under this Constitution or any other law.

(5) The President shall not, while in office as President, be personally liable to any
civil or criminal proceedings in court.

(6) Civil or criminal proceedings may be instituted against a person within three
years after his ceasing to be President, in respect of anything done or omitted to be done
by him in his personal capacity before or during his term of ofﬁce notwithstanding any
period of limitation except where the proceedings had been legally barred before he
assumed the office of President.

58. Executive authority of Ghana

(1) The executive authority of Ghana shall vest in the President and shall be
exercised in accordance with the provisions of this Constitution.

(2) The executive authority of Ghana shall extend to the execution and maintenance
of this Constitution and all laws made under or continued in force by this Constitution.

(3) Subject to the provisions of this Constitution, the functions conferred on the
President by clause (1) of this article may be exercised by him either directly or through
officers subordinate to him.

(4) Except as otherwise provided in this Constitution or by a law not inconsistent
with this Constitution, all executive acts of Government shall he expressed to be taken in
the name of the President.

(5) A constitutional or statutory instrument or any other instrument made, issued or
executed in the name of the President shall be authenticated by the signature of a Minister
and the validity of any such instrument so authenticated shall not be called in question on
the ground that it is not made, issued or executed by the President.

59. Absence from Ghana

The President shall not leave Ghana without prior notification in writing, signed by
him and addressed to the Speaker of Parliament)

60. The Vice-President and succession to the presidency

(1) There shall be a Vice-President of Ghana who shall perform such functions as
may be assigned to him by this Constitution or by the President

(2) A candidate for the ofﬁce of Vice-President shall be designated by the candidate
for the office of President before the election of the President.

(3) The provisions of article 62 of this Constitution apply to a candidate for election
as Vice-President.

(4) A candidate shall be deemed to be duly elected as Viee—President if the candidate
who designated him as candidate for election to the office of Vice-President has been
duly elected as President in accordance with the provisions of article 63 of this
Constitution.

(5) The Vice-President shall, before commencing to perform the functions of Vice-
President, take and subscribe the Oath of Allegiance and the Vice-Presidential Oath set
out in the Second Schedule to this Constitution.

(6) Whenever the President dies, resigns or is removed from ofﬁce, the Vice-
President shall assume office as President for the unexpired term of office of the
President with effect from the date of the death, resignation or removal of the President.

(7) Where the unexpired term served by the Vice-President under clause (6) of this
article exceeds half the term of a President, the Vice—President is subsequently only
eligible to serve one full term as President;

(8) Whenever the President is absent from Ghana or is for any other reason unable to
perform the functions of his office, the Viee-President shall perform the functions of the
President until the President returns or is able to perform his functions

(9) The Vice-President shall, before commencing to perform the functions of the
President under clause (6) of this article, take and subscribe the oath set out in the Second
Schedule to this Constitution in relation to the office of President.

(10) The Vice-President shall, upon assuming office as President under Clause (6) of
this article, nominate a person to the office of Vice-President subject to approval by
Parliament

(1]) Where the President and the Vice-President are both unable to perform the
functions of the President, the Speaker of Parliament shall perform those functions until
the President or the Vice—President is able to perform these functions or a new President
assumes office, as the case may be.

(12) The Speaker shall, before commencing to perform the functions of the President
under clause (11) of this article take and subscribe the oath set out in relation to the office
of President.

(13) Where the Speaker of Parliament assumes the office of President as a result of
the death, resignation or removal from ofﬁce of the President and the Vice-President,
there shall be a presidential election within three months after his assumption of office.

(14) The provisions of article 69 of this Constitution shall apply to the removal from
office of the Vice-President

61. Public and presidential seals

There shall be a public sea] and a presidential seal, the use and custody of which shall,
subject to the provisions of this Constitution, be regulated by law.

62. Qualiﬁcations of the President

A person shall not be qualified for election as the President of Ghana unless
(a) he is a citizen of Ghana by birth;
(b) he has attained the age of forty years; and
(c) he is a person who is otherwise qualified to be elected a member of
Parliament, except that the disqualifications set out in paragraphs (c), (d),
and (e) of clause (2) of article 94 of this Constitution shall not be removed,

in respect of any such person, by a presidential pardon or by the lapse of
time as provided for in clause (5) of that article.

63. Election of the President

(1) A person shall not be a candidate in a presidential election unless he is nominated
for election as President by a document which

(a) is signed by him;
((2) is signed by not less than two persons who are registered voters resident in
the area of authority of each district assembly;

(c) is delivered to the Electoral Commission on or before the day appointed as
nomination day in relation to the election; and

(d) designates a person to serve as Vice—President.

(2) The election of the President shall be on the terms of universal adult suffrage and
shall, subject to the provisions of this Constitution, be conducted in accordance with such
Regulations as may be prescribed by constitutional instrument by the Electoral Com-
mission and shall be held so as to begin,

(a) where a President is in office, not earlier than four months our 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 percent of the total
number of valid votes cast at the election.

(4) Where at a presidential election there are more than two candidates and no
candidate obtains the number or percentage of votes specified in clause (3) of this article
a second election shall be held within twenty-one days after the previous election.

(5) The candidates for a presidential election held under clause (4) of this article shall
be the two candidates who obtained the two highest numbers of votes at the previous
election.

(6) Where at a presidential election three or more candidates obtain the two highest
numbers of votes referred to in clause (5) of this article, then unless there are withdrawals
such that only two candidates remain, another election shall be held within twenty-one
days after the previous election at which the candidates who obtained the two highest
numbers of votes shall, subject to any withdrawa|s, be continued until a President is
elected.

(7) A presidential candidate under clause (5) or (6) of this article may, by writing
under his hand, withdraw his candidature at any time before the election.

(8) If after a second presidential election held under clause (4) of this article the two
candidates obtained an equal number of votes, then notwithstanding any withdrawal,
another election shall be held within twenty-one days after the election at which the two
candidates shall be the only candidates and the same process shall, subject to any
withdrawal, be continued until a President is elected.

(9) An instrument which,

(a) is executed under the hand of the Chairman of the Electoral Commission
and under the seal of the Commission; and

(h) states that 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.

64. Challenging election of the President

(1) The validity of the election of the President may be challenged only by a citizen
of Ghana who may present a petition for the purpose to the Supreme Court within
twenty—one days after the declaration of the result of the election in respect of which the
petition is presented.

(2) A declaration by the Supreme Court that the election of the President is not Valid
shall be without prejudice to anything done by the President before the declaration.

(3) The Rules of Court Committee shall, by constitutional instrument, make rules of
court for the practice and procedure for petitions to the Supreme Court to challenge the
election of a President.

65. Presidential election regulations

The Electoral Commission shall, by constitutional instrument, make Regulations for
the purpose of giving effect to article 63 of this Constitution.

66. Term of ofﬁce of the President

(1) A person elected as President shall, subject to clause (3) of this article, hold office
for a term of four years beginning from the date on which he is sworn in as President.

(2) A person shall not be elected to hold office as President of Ghana for more than
two terms.

(3) The office of President shall become vacant
(at) 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.

67. Presidential messages

The President shall, at the beginning of each session of Parliament and before a
dissolution of Parliament, deliver to Parliament a message on the State of the nation.

68. Conditions of ofﬁce of the President

(1) The President shall not, while he continues in office as President,

(a) hold any other office of profit or emolument whether private or public and
whether directly or indirectly; or

(b) hold the office of Chancellor or head of any university in Ghana.

(2) The President shall not, on leaving office as President, hold any office of profit or
emolument, except with the permission of Parliament, in any establishment, either
directly or indirectly, other than that 0fthe State

(3) The President shall receive such salary, allowances and facilities as may be
prescribed by Parliament on the recommendations of the Committee referred to in article 71
of this Constitution.

(4) On leaving office, the President shall receive a gratuity in addition to pension,
equivalent to his salary and other allowances and facilities prescribed by Parliament in
accordance with clause (3) of this article.

(5) The salary, allowances, facilities, pensions and gratuity referred to in clauses (3)
and (4) shall be exempt from tax.

(6) Where the President is removed from office under paragraph (c) of clause (1) of
article 69 of this Constitution or resigns, he shall be entitled to such pension and other
retiring awards and facilities as Parliament may prescribe on the recommendation of the
Committee referred to in article 71 of this Constitution.

(7) The salary and allowances payable to the President and any pension or gratuity
payable to him on leaving office shall be charged on the Consolidated Fund,

(8) The salary, allowances, facilities and privileges of the President shall not be
varied to his advantage while he holds office.

(9) The pension payable to the President and the-facilities available to him shall not
be varied to his advantage during his lifetime.

69. Removal of the President

(1) The President shall be removed from office if he is found, in accordance with the
provisions of this article,

(a) to have acted in wilful violation of the Oath of Allegiance and the
Presidential Oath set out in the Second Schedule to, or in wilfu} violation of
any other provision of, this Constitution; or

(b) to have conducted himself in a manner;

(i) which brings or is likely to bring the high office of President into
disrepute, ridicule 0r contempt; or

(ii) prejudicial or inimical to the economy or the security of the State; 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 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,
011 which it is claimed that the conduct or the physical or mental capacity of the President
be investigated for the purposes of his removal from office.

(4) Subject to clause (5) of this article, the Chief Justice shall, by constitutional
instrument, immediately convene a tribunal consisting of the Chief Justice as Chairman
and the four most senior Justices of the Supreme Court and the tribunal shall inquire, in
camera, whether there is a prima facie case for the removal of the President.

(5) Where a notice under clause (2) of this article is delivered to the Chief Justice in
respect of the removal from office of the President on the grounds of physical or mental
incapacity, the Chief Justice shall, in consultation with the professional head of the
Ghana Health Services, cause a medical board to be convened which shall consist of
not less than four eminent medical specialists and the President shall be informed
accordingly.

(6) The President shall he 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 0r 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 he by a secret
ballot and shall be taken to be approved by Parliament if supported by the votes of not
less than two-thirds of all the members of Parliament after prior debate.

(12) The proceedings of Parliament for the removal of the President shall not be held
in camera except where Parliament otherwise orders in the interest of national security.

(13) The President shall cease to hold office as President on the date Parliament
decides that he be removed from office.

70. Appointments by the President

(1) The President shall, acting in consultation with the Council of State, appoint

(a) the Commissioner for Human Rights and Administrative Justice and his
Deputies;

(b) the Auditor-General;
(c) the District Assemblies Common Fund Administrator;
(11) the Chairmen and other members of,
(i) the Public Services Commission;
(ii) the Lands Commission;
(iii) the governing bodies of public corporations;
(iv) a National Council for Higher Education howsoever described; and

(e) the holders of such other offices as may be prescribed by this Constitution
or by any other law not inconsistent with this Constitution.

(2) The President shall, acting on the advice of the Council of State, appoint the
Chairman, Deputy Chairmen, and other members of the Electoral Commission.

7]. Determination of certain emoluments
(1) The salaries and allowances payable, and the facilities and privileges available, to
(a) the Speaker and Deputy Speakers and members of Parliament,

(b) the Chief Justice and the other Justices of the Superior Court of Judicature,

(c) the Auditor—Generai, the Chairman and- Deputy Chairmen 0f the Electoral
Commission, the Commissioner for Human Rights and Administrative
Justice and his Deputies and the District Assemblies Common Fund
Administrator,

(at) the Chairman, Vice—Chairman and the other members of
(i) a National Council for Higher Education howsoever described,
(ii) the Public Services Commission,
(iii) the National Media Commission,
(iv) the Lands Commission, and
(v) the National Commission for Civic Education,

being expenditure charged on the Consolidated Fund, shall be determined by the
President on the recommendations of a committee of not more than five persons
appointed by the President, acting in accordance with the advice of the Council OfState.

(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 deteImined 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 Cun-
stitution, “salaries” includes allowances, facilities and privileges and retiring benefits or
awards.

72. Prerogative of mercy

(1) The President may, acting in consultation with the Council of State,

(a) grant to a person convicted of an offence a pardon either free or subject to
lawful conditions;

(b) grant to a person respite, either indefinite or for a specified period, from the
execution of punishment imposed on him for an offence;

(d) remit the whoie or part of a punishment imposed on a person or of a
penalty or forfeiture otherwise due to Government on account of any
offence.

(2) Where a person is sentenced to death for an offence, a written report of the case
from the trial Judge or Judges, together with such other information derived from the
record of the case or elsewhere as may be necessary, shall be submitted to the President.

(3) For the avoidance of doubt, it is hereby declared that a reference in this article to
a conviction or the imposition of a punishment, penalty, sentence or forfeiture includes a
conviction or the imposition of a punishment, penalty, sentence or forfeiture by a court—
murtiai or other military tribunal.

International Relations

73. [nternationalrelations

The Government of Ghana shall conduct its international affairs in consonance with
the accepted principles of public international law and diplomacy in a manner consistent
with the national interest of Ghana.

74. Diplomatic representation

(1) The President shall, acting in consultation with the Council of State, appoint
persons to represent Ghana abroad.

(2) The President may receive envoys accredited to Ghana.

75. Execution of treaties

(1) The President may execute or cause to be executed treaties, agreements or
conventions in the name of Ghana.

(2) A treaty, agreement or convention executed by or under the authority of the
President shall be subject to ratiﬁcation by

(a) an Act of Parliament, or

(b) a resolution of Parliament supported by the votes of more than one-half of
all the members of Parliament.

The C abinet

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.

77. Meetings of the Cabinet

(1) The Cabinet shall be summoned by the President who shall preside at all its
meetings and in the absence of the President, the Vice-President shall preside.

(2) The Cabinet shall regulate the procedure at its meetings.

78. Ministers of State

(J) 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 fut the efficient running of the State.

(3) A Minister of State shall not hold any other office of profit or emulument whether
private or public and whether directly or indirectly unless otherwise permitted by the
Speaker acting on the recommendations of a committee of Parliament on the ground

(a) that holding that office will not prejudice the work of a Minister; and
(b) that no conﬂict of interest arises or would arise as a result of the Minister
holding that office.

79. Deputy Ministers

(1) The President may, in consultation with a Minister of State, and with the prior
approval of Parliament, appoint one or more Deputy Ministers to assist the Minister in
the performance of his functions.

(2) A person shall not be appointed a Deputy Minister unless he is a member of
Parliament or is qualified to be elected as a member of Parliament.

(3) Clause (3) of article 78 applies to a Deputy Minister as it applies to a Minister of
State‘

80. Oaths

A Minister of State or Deputy Minister shall not enter upon the duties of his office
unless he has taken and subscribed the Oath of Allegiance, the Oath of Minister of State
and the Cabinet Oath, as the case may be, set out in the Second Schedule to this
Constitution.

81. Tenure of ofﬁce of Ministers, etc.
The office of a Minister of State or a Deputy Minister shall become vacant if
(a) his appointment is revoked by the President;
(b) he is elected as Speaker or Deputy Speaker;
(6) he resigns from office; or
(d) he dies.

82. Vote of censure

(1) Parliament may, by a resolution supported by the votes of not less than two-thirds
of all the members of Parliament, pass a vote of censure on a Minister of State.

(2) A motion for the resolution referred to in clause (1) of this article shall not be
moved in Parliament unless

(a) seven days notice has been given of the motion; and

(b) the notice for the motion has been signed by not less than one—third of all
the members of Parliament.

(3) The motion shall be debated in Parliament within fourteen days after the receipt
by the Speaker ofthe notice for the motion.

(4) A Minister of State in respect of whom a vote of censure is debated under
Clause (3) of this article is entitled, during the debate, to be heard in his defence.

(5) Where a vote of censure is passed against a Minister under this article the
President may, unless the Minister resigns his office, revoke his appointment as a
Minister.

(6) For the avoidance of doubt this article applies to a Deputy Minister as it applies to
a Minister of State.

The National Security Council

83. The National Security Council

(1) There shall be a National Security Council which shall consist of,
(a) the President;
(b) the Vice-Ptesident;

(c) the Ministers for the time being holding the portfolios of Foreign Affairs,
Defence, Interior, 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 lnspector-General of Police and two other members of the Police
Service, one of whom shall be the Commissioner of Police responsible for
the Criminal Investigations Department;

0‘) the Director—General of the Prisons Service;

(g) the Director of External Intelligence;

(h) the Director of Internal Intelligence;

(i) the Director of Military Intelligence;

0′) the Commissioner of Customs, Excise and Preventive Service; and
(k) three persons appointed by the President.

(2) The President shall preside at meetings of the National Security Council and in
his absence the Vice»President shall preside.

(3) The President may, acting in consultation with the National Security Council,
invite such persons as he considers necessary for any deliberations of the Council.

(4) A person invited to participate in the deliberations of the Council under clause (3)
of this article shall not vote on any matter for decision before the Council.

(5) The National Security Council shall regulate the procedure at its meetings.

(6) The Secretary to the Cabinet shall be the Secretary to the National Security
Council.

84. Functions of the National Security Council

The functions of the National Security Council include

(a) considering and taking appropriate measures to safeguard the internal and
external security of Ghana;

(b)

(C)

(d)

ensuring the collection of information-relating to the security of Ghana and
the integration of the domestic, foreign and security policies relating to it
so as to enable the security services and other departments and agencies of
the Government to cooperate more effectively in matters relating to
national security;

assessing and appraising the objectives, commitments and risks of Ghana
in relation to the actual and potential miiitary power in the interest of
national security; and

taking appropriate measures regarding the consideration of policies on
matters of common interest to the departments and agencies of the
Government concerned with national security.

85. Establishment of security services

No agency, establishment or other organisation concerned with national security shall
be established except as provided for under this Constitution.

The National Development Planning Commission

86. The National Development Planning Commission

(1) There shall be a National Development Planning Commission.

(2) The Commission shall consist of

(H)
(b)

(f)

a Chairman who shall be appointed by the President in consultation with
the Council of State;

the Minister responsible for Finance and such other Ministers of State as
the President may appoint;

the Government Statistician;
the Governor of the Bank of Ghana;

one representative from each region of Ghana appointed by the Regional
Coordinating Council of the region;

such other persons as may be appointed by the President having regard to
their knowledge and experience of the relevant areas and roles pertaining to
development, economic, social, environmental and Spatial planning.

(3) The National Development Planning Commission shall be responsible to the

President.

87. Functions of the National Development Planning Commission

(1) The Commission shalt advise the President on development planning policy and

strategy.

(2) The Commission shall, at the request of the President or Parliament, or on its own

initiative

(a)

study and make strategic analyses of macro-economic and structural reform
options;

(b) make proposals for the development of multi-year rolling plans taking into
consideration the resource potential and comparative advantage of the
different districts of Ghana;

(d) make proposals for ensuring the even development of the district of Ghana
by the effective utilisation of available resources; and

(6) monitor, evaluate and co-otdinate development policies, programmes and
projects.

(3) The Commission shall also perform such other functions relating to deveIOpment
planning as the President may direct.

The Attorney—General

88. The Attorney-General

(1) There shall be an Attorney-General of Ghana who shall be a Minister of State and
the principal legal adviser to the Government.

(2) The Attorney-General shall discharge such other duties of a legal nature as may
be referred or assigned to him by the President, or imposed on him by this Constitution or
any other law.

(3) The Attorney—General shall be responsible for the initiation and conduct of all
prosecutions of criminal offences.

(4) All offences prosecuted in the name of the Republic of Ghana shall be at the suit
of the Attorney-General or any other person authorised by him in accordance with 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.

(6) The Attorney-General shall have audience in all courts in Ghana.

CHAPTER 9
THE COUNCIL OF STATE

89. The Council of State

(1) There shall be a Council of State to counsel the President in the performance of
his functions.
(2) The Council of State shall consist of

(a) the following persons appointed by the President in consultation with
Parliament:

(i) one person who has previously held the ofﬁce of Chief Justice,

(ii) one person who has previously held the office of Chief of Defence
Staff of the Armed Forces of Ghana,

(iii) one person who has previously held the office of Inspector—Generai
of Police,

(b) the President of the National House of Chiefs,

(c) one representative from each region of Ghana elected, in accordance with
Regulations made by the Electoral Commission under article 5] 01‘ this
Constitution, by an electoral college comprising two representatives from
each of the districts in the region nominated by the District Assemblies in
the region, and

(d) eleven other members appointed by the President.
(3) The Council of State shall elect a Chairman from among its members.

(4) A member of the Council of State shall, at the first meeting of the Council which
he attends, take and subscribe the Oath of Secrecy and the Oath of a Member of the
Council of State set out in the Second Schedule to this Constitution.

(5) A member of the Council of State shall hold office until the end of the term of
office of the President unless

(a) that member resigns by writing signed by him and addressed to the
President,

(b) becomes permanently incapacitated, or

(6) The appointment of a member of the Council of State may be terminated by the
President on grounds of stated misbehaviour 0r of inability to perform his functions
arising from infirmity of body or mind, and with the prior approval of Parliament.

(7) The Chairman and members of the Council of State shall be entitled to such
allowances and privileges as may be determined in accordance with article 71 of this
Constitution.

(8) The allowances and privileges 0fthe 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.

90. Consideration of Bills by the Council of State

(1) A Bill which has been published in the Gazette or passed by Parliament shall be
considered by the Council of State if the ?resident 50 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.

91. Other functions of the Council

(1) The Council of State shall consider and advise the President or any other
authority in respect of any appointment which is required by this Constitution or any
other law to be made in accordance with the advice of, or in consultation with, the
Council of State.

(2) The advice referred to in clause (1) of this article shall be given not later than
thirty days after the receipt of the request from the President or other authority.

(3) The Council of State may, upon request or on its own initiative, consider and
make recommendations on any matter being considered or dealt with by the President, a
Minister of State, Parliament or any other authority established by this Constitution
except that the President, Minister of State, Parliament or other authority shall not be
required to act in accordance with any recommendation made by the Council of State
under this clause.

(4) The Council of State shall perform such other functions as may be assigned to it
by this Constitution or any other law not inconsistent with this Constitution.

92. Meetings of the Council of State

(1) The Council of State shall meet for the dispatch of business at least four times in
a year at such time and place as the Chairman may determine.

(2) The Council of State shall also meet if requested by
(a) the President,
(b) Parliament, or

(3) The Council of State shall hold its meetings in camera but may admit the public
to any meetings whenever it considers it appropriate.

(4) The Chairman of the Council of State shall preside at every meeting of the
Council, and in his absence, a member of the Council elected by the members of the
Council shall preside.

(5) A question for decision by the Council of State shall not be proposed for
determination unless there are present in the Council more than one—half of all the
members of the Council.

(6) Except as otherwise provided in this Constitution, the question proposed shall be
determined by the majority of the members present and voting.

(iii) one person who has previously held the office of Inspector—Generai
of Police,

(b) the President of the National House of Chiefs,

(d) eleven other members appointed by the President.
(3) The Council of State shall elect a Chairman from among its members.

(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,

(b) becomes permanently incapacitated, or

(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.

90. Consideration of Bills by the Council of State

(1) A Bill which has been published in the Gazette or passed by Parliament shall be
considered by the Council of State if the ?resident 50 requests.

91. Other functions of the Council

(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.

(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.

92. Meetings of the Council of State

(1) The Council of State shall meet for the dispatch of business at least four times in
a year at such time and place as the Chairman may determine.

(2) The Council of State shall also meet if requested by
(a) the President,
(b) Parliament, or

(3) The Council of State shall hold its meetings in camera but may admit the public
to any meetings whenever it considers it appropriate.

(4) The Chairman of the Council of State shall preside at every meeting of the
Council, and in his absence, a member of the Council elected by the members of the
Council shall preside.

(5) A question for decision by the Council of State shall not be proposed for
determination unless there are present in the Council more than one—half of all the
members of the Council.

(6) Except as otherwise provided in this Constitution, the question proposed shall be
determined by the majority of the members present and voting.

(7) The Council of State may, at any time, appoint any committees it considers
appropriate and assign to them any matter or investigation which the Council may
determine.

(8) The Council of State may, with the approval of the President, commission experts
and consultants to advise it or to assist it in dealing with any specific issue on such terms
and conditions as it may determine.

(9) A member of the Council of State who is a party to, or is a partner in, a firm
which is a party to a contract with the Government shaii, in any proceedings in the
Council of State relating to that contract, declare his interest or the interest of that firm
and shall not vote on any question relating to that contract.

(10) The proceedings of the Council of State shall not be invalidated by

(a) vacancy in its membership, including a vacancy not filled when the
Council first meets, and

(b) the presence or participation of a person not entitled to be present or to
participate in the proceedings of the Council.

(11) Subject to the provisions of this Constitution, the Council of State may regulate
its own procedure.

C HAPTE R 1 0
THE LEG ISLATU RE

C omposition of Parliament

93. The Parliament of Ghana

(1) There shall be a Parliament of Ghana which shall consist of not less than one
hundred and forty elected members.5

(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.

94. Qualiﬁcations and eligibility

(1) Subject to the provisions of this article, a person Shall not be qualified to be a
member of Parliament unless

(a) he is a citizen of Ghana, has attained the age of twenty-one years and is a
registered voter;

(1)) he is resident in the constituency for which he stands as a candidate for
election to Parliament or has resided there for a total period of not less than
five years out of the ten years immediately preceding the election for which
he stands, or he hails from that constituency; and

5. There were two hundred elected members of Parliament by virtue of the Representation of the Peuple
(Parliamentary Constituencies) Instrument. 1992 (LI. 1538) made pursuant to powers conferred by the
Representation of the Peuple law, 1992 (P.N.D.C.Li 284) which in this respect is not inconsistent with
article 47 nf the Constitution. The numhet is now two hundred thirty members of Parliament by virtue of
the Representation ofthc People (Parliamentary Cunstituencies) Instrument, 2004 (L1. 46).

(C)

he has paid all his taxes or made arrangements satisfactory to the
appropriate authority for the payment of his taxes.

(2) A person shall not be qualified to be a member of Parliament if he

(a)
(b)

(C)

(d)

(e)
(f)
(g)

owes allegiance to a country other than Ghana; or
has been adj udged or otherwise declared,

(i) bankrupt under any law in force in Ghana and has not been
discharged, or

(ii) to be of unsound mind or is detained as a criminal lunatic under any
law in force in Ghana; or

has been convicted,

(i) for high crime under this Constitution or high treason or treason or
for an offence involving the security of the State, fraud, dishonesty
or moral turpitude,

(ii) for any other offence punishable by death or by a sentence of not less
than ten years,

(iii) for an offence relating to, or connected with, election under a law in
force in Ghana at any time; or

has been found by the report of a commission or a committee of inquiry to
be incompetent to hold public office or is a person in respect of whom a
commission or a committee of inquiry has found that while being a public
ofﬁcer he acquired assets unlawfully or defrauded the State or misused o:
abused his office, or wilfully acted in a manner prejudicial to the interest of
the State, and the findings have not been set aside on appeal or judicial
review;

is under sentence of death or other sentence of imprisonment imposed on
him by any court;

is not qualified to be registered as a voter under any law relating to public
elections; or

is otherwise disqualified by a law in force at the time of the coming into
force of this Constitution, not being inconsistent with a provision of this
Constitution.

(3) A person shall not be eligible to be a member of Parliament if he

(a)

(b)

(C)

is prohibited from standing election by a law in force in Ghana by reason of
his holding or acting in an office the functions of which involve a
responsibility for, or are connected with the conduct of, an election or
responsibility for, the compilation or revision of an electoral register;

is a member of the Police Service, the Prisons 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

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 appeal against or
judicial review of that finding, the finding shall not have the effect of disqualifying a
person under that paragraph unless it has been confirmed by a Government White Paper.

(5) A person shall not be taken to be disqualified to be a member of Parliament under
paragraph (c) or (d) of clause (2) of this article if

(a) ten years or more have passed since the end of the sentence or the date of
the pubiication 0f the report of the Commission or committee of inquiry; or

(b) he has been pardoned.

95. The Speaker

(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.

(2) The Speaker shall vacate his office
(a) if he becomes a Minister of State or a Deputy Minister;

(b) if he resigns from office by writing signed by him and addressed to the
Clerk to Parliament;

(c) if any circumstances arise that, if he were not the Speaker, would disqualify
him for election as a member of Parliament; or

(d) if he is removed from office by a resolution of Parliament supported by the
votes of not less than three-quarters of all the members of Parliament.

(3) No business shall be transacted in Parliament other than an election to the office
of Speaker, at any time when the Office of Speaker is vacant.

(4) A person elected to the office of Speaker Shall, before entering upon the duties of
his ofﬁce, take and subscribe before Parliament the 0th of Allegiance and the Speaker’s
Oath set out in the Second Schedule to this Constitution.

(5) The Speaker shall receive such salary and allowances, and on retirement, such
retiring awards as may be determined in accordance with article 71 of this Constitution.

(6) The salary and allowance payable to the Speaker and any retiring awards payable
to him on retirement shall be charged on the Consolidated Fund.

(7) The salary and other allowances payable to the Speaker shall not be varied to his
disadvantage during his tenure of office.

96. The Deputy Speakers
(1) There shall be two Deputy Speakers of Parliament

(a) who shall be elected by the members of Parliament; and

([7) both of whom shall not be members of the same political party.

(2) The members of Parliament shall elect a person to the office of Deputy Speaker
when Parliament first meets after a dissolution of Parliament and if the office becomes
vacant otherwise than by reason of a dissolution of Parliament, at the first sitting of
Parliament after the ofﬁce becomes vacant.

(3) The provisions of clause (2) of article 95 of this Constitution shall apply in the
case of a Deputy Speaker.

97. Tenure of office of members

(1) A member of Parliament shall vacate his seat in Parliament
(a) upon a dissolution of Parliament;
(b) if he is elected as Speaker of Parliament;

(0) if he is absent, without the permission in writing of the Speaker and he is
unable to offer a reasonable explanation to the Parliamentary Committee on
Privileges from fifteen sittings of a meeting of Parliament during any
period that Parliament has been summoned to meet and continues to meet;
or

(£0 if be expelled from Parliament after having been found guilty of contempt
of Parliament by a committee of Parliament;

(e) if any circumstances arise such that, if he were not a member. of
Parliament, would cause him to be disqualified or ineligible for election,
under article 94 of this Constitution;

(f) if he resigns from office as a member at the time of his election to
Parliament to join another party or seeks to remain in Parliament as an
independent member;

(g) if he leaves the party of which he was a member at the time of his election
to Parliament to join another party or seeks to remain in Parliament as an
independent member; or

(h) if he was elected a member of Parliament as an independent candidate and
joins a political party.

(2) Notwithstanding paragraph (g) of clause (1) of this article, a merger of parties at
the national level sanctioned by the parties’ constitutions or membership of a coalition
government of which his original party forms part shall not affect the status of any
member of Parliament.

98. Emoluments of members

(1) A member of Parliament shall be paid such salary and allowances and provided
with such facilities as may be determined in accordance with article 71 of this
Constitution.

(2) A member of Parliament shall not hold any ofﬁce of profit or 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

(b) no conﬂict of interest arises or would arise as a result of the member
holding that office.

99. Determination of membership

(1) The High Court shall have jurisdiction to hear and determine any question
whether

(a) a person has been validly elected as a member ofParliament or the seat Ufa
member has become vacant; or

(b) a person has been validly elected as a Speaker of Parliament or, having
been so elected. has vacated the office of Speaker.

(2) A person aggrieved by the determination of the High Court under this article may
appeal to the Court of Appeal.

Procedure in Parliament

100. Oath of members

(1) A member of Parliament shall, before taking his seat in Parliament, take and
subscribe before the Speaker and in the presence of the members of Parliament, the Oath
of Allegiance and the Oath of a Member of Parliament set out in the Second Schedule to
this Constitution.

(2) A member of Parliament may, before taking the oaths referred to in clause (1) Of
this article, take part in the election of the Speaker.

101. Presiding in Parliament

The Speaker shall preside in Parliament at all sittings and in his absence 2: Deputy
Speaker shall preside.

102. Quorum in Parliament

A quorum of Parliament, apart from the person presiding, shall be une-third of all the
members of Parliament.

103. Committees of Parliament

(1) Parliament shall appoint standing committees and other committees as may be
necessary for the effective discharge of its functions.

(2) The Standing Committees shall be appointed at the first meeting of Parliament
after the election of the Speaker and the Deputy Speaker.

(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 compositiun 0f the Committees shall, as much as possible, reﬂect the
different shades of opinion in Parliament.

(6) A committee appointed under this article shall have the powers, rights and
privileges of the High Court or a Justice of the High Court at a trial for

(a) enforcing the attendance of witnesses and examining them on oath,
affirmation or otherwise,

(b) compelling the production of documents, and
(c) issuing a commission or request to examine witnesses abroad.

104. Voting in Parliament

(1) Except as otherwise provided in this Constitution, matters in Parliament shall be
determined by the votes of the majority of members present and voting, with at least half
of all the members of Parliament present.

(2) The Speaker shall have neither an original nor casting vote.
(3) Where the votes on any motion are equal it shall be taken to be lost.

(4) Where Parliament is considering a Bill to amend the Constitution, or where the
voting is in relation to the election or removal of any person under this Constitution or
under any other law, voting shall be in secret.

(5) A member who is a party to or a partner in a firm which is a party to a contract
with the Government shall declare his interest and shall not vote on any question relating
to the contract. ‘

105. Unqualiﬁed person sitting or voting

A person who sits or votes in Parliament knowing or having reasonable grounds for
knowing that he is not entitled so to do commits an offence and shall be liable on
conviction, to such penalty as shall be prescribed by or under an Act of Parliament.

106. Mode of exercising legislative power

(1) The power of Parliament to make laws shall be exercised by bills passed by
Parliament and assented to by the President.

(2) No Bill, other than such a Bill as is referred to in paragraph (a) of article 108 of
this Constitution, shall be introduced in Parliament unless

(a) it is accompanied by an explanatory memorandum setting out in detail the
policy and principles of the Bill, the defects of the existing law, the
remedies proposed to deal with those defects and the necessity for its
introduction; and

(b) it has been published in the Gazette at least fourteen days before the date of
its introduction in Parliament.

(3) A Bill affecting the institution of chieftaincy shall not be introduced in Parliament
without prior reference to the National House of Chiefs.

(4) Whenever a Bill is read the first time in Parliament, it shall be referred to the
appropriate Committee appointed under article 103 of this Constitution which shall
examine the Bill in detail and make all such inquiries in relation to it as the Committee
considers expedient or necessary.

(5) Where a Bill has been deliberated upon by the appropriate Committee, it shall be
reported to Parliament.

(6) The report of the Committee, together with the explanatory memorandum to the
Bill, shall form the basis fur a full debate on the Bill for its passage, with or without
amendments, or its rejection by Parliament.

(7) Where a Bill passed by Parliament is presented to the President for assent he shall
signify, within seven days after the presentation, to the Speaker that he assents t0 the Bill
or that he refuses to assent the Bill, uniess the Bill has been referred by the President to
the Council of State under article 90 0fthis Constitution.

(8) Where the President refuses to assent to a Bill, he shall, within fourteen days after
the refusal,

(a) state in a memorandum to the Speaker any specific provisions of the Bill
which in his opinion should be reconsidered by Parliau’nent7 including his
recommendations for amendments if any; 0;

(b) inform the Speaker that he has referred the Bill to the Council of State for
consideration and comment under article 90 of this Constitution.

(9) Parliament shall reconsider a Bill taking into account the comments made by the
President or the Council of State, as the case may be, under clause (8) of this article.

(10) Where a Bill reconsidered under clause (9) of this article is passed by Parliament
by a resolution supported by the votes of not less than two-thirds of all the members of
Parliament, the President shall assent to it within thirty days after the passing of the
resolution.

(11) Without prejudice to the power of Parliament to postpone the operation of a law,
a Bill shall not become law until it has been duly passed and assented to in accordance
with the provisions of this Constitution and shall not come into force unless it has been
published in the Gazette.

(12) The provisions of clauses (7) to (10) of this article shall not apply to a Bill
certified by the Speaker as a Bill to which the provisions of article 108 of this
Constitution apply; and accordingly, the President shall give his assent to any such bill
when presented for assent.

(13) Where it is determined by a committee of Parliament appointed for the purpose
that a particular bill is of an urgent nature, the provisions of the proceeding clauses of this
article, other than Clause (1) and patagraph (a) of Clause (2) shall not apply, and
accordingly, the President shall give his assent to the Bill on its presentation for assent.

(14) A Bill introduced in Parliament by or on behalf of the President shall not be
delayed for more than three months in any Committee of Parliament

107. Retroactivelegislation

Parliament shall have no power to pass any law

(a) to alter the decision or judgment of any court as between the parties subject
to that decision or judgment; or

(b) which operates retroactively to impose any limitations on, or to adversely
affect the personal rights and liberties of any person or to impose a burden,
obligation or liability on any person except in the case of a law enacted
under articles 178 to 182 of this Constitution.

[08. Settlement of ﬁnancial matters

Parliament shall not, unless the Bill is introduced or the motion is introduced by, or on
behalf of, the President

(a) proceed upon a Bill including an amendment to a Bill, that, in the opinion
of the person presiding, makes provision for any of the following:

(i) the imposition of taxation or the alteration of taxation otherwise
than by reduction;

(ii) the imposition of a charge on the Consolidated Fund or other public
funds of Ghana or the alteration of any such charge otherwise than
by reduction;

(iii) the payment, issue or withdrawal from the Consolidated Fund 01′
other public funds of Ghana of any monies not charged on the
Consolidated Fund or any increase in the amount of that payment,
issue or withdrawal;

(iv) the composition or remission of any debt due to the Government of
Ghana; or

(b) proceed upon a motion, including an amendment to a motion, the effect of
which, in the opinion of the person presiding, would be to make provision
for any of the purposes specified in paragraph (a) of this article.

[09. Professionalorganisations
(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.
110. Standing orders of Parliament

(1) Subject to the provisions of this Constitution, Parliament may, by standing orders,
regulate its own procedure.

(2) Parliament may act notwithstanding a vacancy in its membership, including a
vacancy not filled when Parliament first meets after a dissolution of Parliament; and the
presence or the participation of a person not entitled to be present or to participate in the
proceedings of Parliament shall not invalidate those proceedings.

ltl. Attendance in Parliament of Vice-President and Ministers

The Vice-President, or a Minister or Deputy Minister who is not a member of
Parliament, shall be entitled to participate in the proceedings of Parliament and shall be
accorded all the privileges of a member of Parliament except that he is not entitled to vote
m to hold an office in Parliament.

Summoning, Dissolution, etc.

112. Sessions of Parliament

(1) A session of Parliament shall be held at such place within Ghana and shall
commence at such time as the Speaker may, by constitutional instrument, appoint.

(2) A session of Parliament shall be held at least once a year, so that the period
between the last sitting of Pariiament in one session and the first sitting of Parliament in
the next session does not amount to twelve months.

(3) Notwithstanding any other provision of this article, fifteen percent of members of
Parliament may request a meeting of Parliament; and the Speaker shall, within seven days
after the receipt of the request, summon Parliament.

(4) Subject to clause (2) of article 113 of this Constitution, a general election of
members of Parliament shall be held within thirty days before the expiration of the period
specified in clause (1) of that article; and a session of Parliament shalt 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 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”

(6) Notwithstanding clause (5) of this article, a by-election shall not be held within
three months before the holding of a general election.

113. Dissolution of Parliament

(1) Subject to clause (2) of this article. Parliament shall continue for four years from
the date of its first sitting and shall then stand dissolved.

(2) At any time when Ghana is actually engaged in war, Parliament may, from time
to time by resolution supported by the votes of not iess than two-thirds of all the members
of Parliament, extend the period of four years specified in Clause (1) of this article for nut
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 ofclause (2) of this
article, the general election of members of Parliament that has been recalled shall, if not
sooner dissolved. again stand dissolved 0n the date appointed for the general election.

6. Amended by section 3 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).
The original clause reads,
“(5) Wherever 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.”

114. Gratuities for members of Parliament

A person who has served as a member of Parliament for any period of time shall, on
his death or on his ceasing to be a member of Parliament in any circumstance, other than
where he becomes disqualified as a member of Parliament, or where he vacates his office
under article 97 (1) (C) or (d), be eligible for the payment to his personal representatives
or to him of such gratuity proportionate to his period of service as shall be determined by
the President, acting in consultation with the Committee referred to in article 71 of this
Constitution.7

Privileges and Immunities

115. F reedom of speech and of proceedings

There shall be freedom of speech, debate and proceedings in Parliament and that
freedom shall not be impeached ur questioned in any court or place out of Parliament.

116. Immunity from proceedings for acts in Parliament

(1) Subject to the provisions of this article, but without prejudice to the general effect
of article 115 of this Constitution, civil or criminal proceedings shall not be instituted
against a member of Parliament in any court or place out of Parliament for any matter or
thing brought by him in or before Parliament by petition, bill, motion or otherwise.

(2) Whenever in the opinion of the person presiding in Parliament 3 Statement made
by a member is prima t’acie defamatory of any person, the person presiding shall refer the
matter for inquiry to the Parliamentary Committee on privileges which shall report its
findings to Parliament not later than thirty days after the matter was referred to it.

(3) Where the committee referred to in clause (2) of this article reports to Parliament
that the statement made by the member is defamatory of any person, the member who
made the statement shall, within seven days after the report, render an apology at the bar
of Parliament, the terms of which shall be approved by the Parliamentary committee on
privileges and communicated to the person who has been defamed.

(4) Where a member refuses to render an apology in accordance with clause (3) of
this article, the Speaker shall suspend that member for the duration of the session of
Parliament in which the defamatory statement was made and a member so suspended
shall lose his parliamentary privileges, immunities and remuneration, but they shall be
restored to him if, at any time before the end of the session, he renders the apology as
required by clause (3) of this article.

7. Amended by section 4 0f1he Constitution ofthe Republic of Ghana (Amendment) Act, 1996 (Act 527).

The original article reads as follows:

“114. (l) A person who has Served as a member of Parliament for a period of not less than four years shall
be eligible. 0n ceasing to be a member or on his death, for the payment of such gtatuity Iu 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) Fat the purpose of clause (1) of this article, the period of four years speciﬁed in that clause shall
be interpreted to mean four continuous yeats, 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.”

(5) A person who has made a contemporaneous report of the proceedings in Parlia—
ment, including a statement which has been the subject of an inquiry under clause (2) of
this article, shall publish the apology referred to in clause (3) of this article or the
suspension or the apology referred to in ctause (4) of this article with the same
prominence as he published the first report.

(6) If a person fails to publish the apology as required by clause (5) of this article, he
shall not be protected by privilege.

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 at a member or the Clerk to
Parliament while he is on his way to, attending at or returning from, any proceedings of
Parliament.

118. Immunity from witness summons

(1) Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be
compelled, while attending Parliament to appear as a witness in any court or place out of
Parliament.

(2) The certificate of the Speaker that a member or the Clerk is attending the
proceedings of Parliament is conclusive evidence of attendance at Parliament.

119. Immunity from service asjuror

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.

120. Immunity for publication of proceedings
Subject to the provisions of this Constitution, a person shall not be under any civil or

criminal liability in respect of the publication of

(a) the text or a summary of any report, papers, minutes, votes and proceedings

of Parliament, or

(b) a contemporaneous report of the proceedings of Parliament,
unless it is shown that the publication was effected maliciously or otherwise without
good faith.
12]. Privileges of witnesses

(1) A person summoned to attend to give evidence or to produce a paper, hook,
record or other document before Parliament, shall be entitled, in respect of his evidence,
or the production of the document, as the case may be, to the same privileges as if he
were appearing before a court.

(2) A public officer shall not be required to produce before Parliament a document
where
(a) the Speaker certifies

(i) that the document belongs to a class of documents, the production of
which is injurious to the public interest;

(ii) that disclosure of the contents of the document will be injurious to
the public interest; or

(b) the National Security Council certifies

(i) that the document belongs to a class of documents, the production of
which is prejudicial to the security of the State; or

(ii) that disclosure of the contents of the document will be prejudicial to
the security of the State.

(3) Where there is a doubt as to the nature of a document such as is referred to in
clause (2) of this article, the Speaker or the National Security Council, as the case may
he, shall refer the matter to the Supreme Court for determination whether the production,
or the disclosure of the contents of the document would be injurious to the public interest
or, as the case may be, prejudicial to the security of the State.

(4) An answer by a person to a question put by Parliament shall not be admissible in
evidence against him in any civil or criminal proceedings out of Parliament, except
proceedings for perjury brought under the Criminal Law.

C ontempt ofParliament

122. General contempt

An act or omission which obstructs or impedes Parliament in the performance of its
functions or which obstructs or impedes a member or officer of Parliament in the
discharge of his duties, or affronts the dignity of Parliament or which tends either directly
or indirectly to produce that result, is contempt of Parliament.

123. Criminal proceedings

Where an act or omission which constitutes contempt of Parliament is an offence
under the criminal law, the exercise by Parliament of the power to punish for contempt
shall not be a bar to the institution of proceedings under the Criminal Law.

The Parliamentary Service

124. The Parliamentary Service

(1) There shall be a Parliamentary Service which shall form part of the public
services of Ghana.

(2) There shall be a Parliamentary Service Board which shall consist of
(a) the Speaker, as chairman,

(b) four other members all of whom shall be appointed by the Speaker, acting
in accordance with the advice of a committee of Parliament, and

(3) There shall be a Clerk to Parliament who shall be the Head of the Parliamentary
Service.

(4) The appointment of the Clerk and the other members of his staff in the
Parliamentary Service shall be made by the Parliamentary Service Board in consultation
with the Public Services Commission.

(5) The Parliamentary Service Board shall, with the prior approval of Parliament,
make regulations, by constitutional instrument, prescribing the terms and conditions of
service of the officers and other employees in the Parliamentary Service and generally for
the effective and efficient administration of the Parliamentary Service.

CHAPTER 1]
THE JUDICIARY

General

125. The judicial power of Ghana

(1) Justice emanates from the people and shall be administered in the name of the
Republic by the Judiciary which shall be independent and subject only to this
Constitution.

(2) Citizens may exercise popular participation in the administration of justice
through the institutions of public and customary tribunals and the jury and assessor
systems.

(3) The judicial power of Ghana shall be vested in the Judiciary, aceordingly, 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.

126. Composition and mode of exercise of power of the J udiciary

(1) The Judiciary shall consist of
(a) the Superior Court of Judicature comprising,
(i) the Supreme Court,
(ii) the Court of Appeal, and
(iii) the High Court and Regional Tribunals;
(b) such lower courts or tribunals as Parliament may by law establish.
(2) The Superior Courts shall be superior courts of record and shall have the power to

commit for contempt to themselves and all such powers as were vested in a court of
record immediately before the coming into force of this Constitution.

(3) Except as otherwise provided in this Constitution or as may otherwise be ordered
by a court in the interest of public morality, public safety or public order, the proceedings
of every court shall be held in public.

(4) In the exercise of the judicial power conferred on the Judiciary by this
Constitution or any other law, the Superior Courts may, in relation to any matter within
their jurisdiction, issue such orders and directions as may be necessary to ensure the
enforcement of any judgment, decree or order of those courts.

127. Independence of the Judiciary

(l) in the exercise of the judicial power of Ghana, the Judiciary, in both its judicial
and administrative functions, including financial administration, is subject only to this
Constitution and shall not be subject to the control or direction of any person or authority.

(2) Neither the President nor Parliament nor any person acting under the authority of
the President or Parliament nor any other person whatsoever shall interfere with Justices
or judicial officers or others persons exercising judicial power, in the exercise of other
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 the Superior Court, or any person exercising judicial power, shall not
be liable to any action or suit for any act or omission by him in the exercise of the judicial
power.

(4) The administrative expenses of the Judiciary, including all salaries, allowances,
gratuities and pension payable to or in respect of, persons sewing in the Judiciary, shall
be charged on the Consolidated Fund

(5) The salary, allowances, privileges and rights in respect of leave of absence,
gratuity, pension and other conditions of service of a Justice of the Superior Court or any
judicial officer or other person exercising judicial power, shall not be varied to his
disadvantage.

(6) Funds voted by Parliament, or charged on the Consolidated Fund by this
Constitution for the Judiciary, shall be released to the J udiciary in quarterly instalments,

(7) For the purposes of clause (1) of this article, “ﬁnancial administration” includes
the operation of banking facilities by the Judiciary without the interference of any person
or authority, other than for the purposes of audit by the Auditor—General, of the funds
voted by Parliament or charged on the Consolidated Fund by this Constitution or any
other law, for the purposes of defraying the expenses of the Judiciary in respect of which
the funds were voted or charged.

The Supreme Court

128. Composition of the Supreme Court and qualiﬁcations of its Justices

(l) 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.

[29. General jurisdiction of the Supreme Court

(1) The Supreme Court shall he 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 d0 30’, and all other
courts shall be bound to follow the decisions of the Supreme Court on questions of law.

(4) For the purposes of hearing and determining a matter within its jurisdiction and
the amendment, execution or the enforcement of a judgment or order made on any matter,
and for the purposes of any other authority, expressly or by necessary implication given
to the Supreme Court by this Constitution or any other law, the Supreme Court shall have
all the powers, authority and jurisdiction vested in any court established by this
Constitution or any Other law.

130. Originaljurisdiction of the 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 originaljurisdiction in

(a) all matters relating to the enforcement or interpretation of this Constitution;

(b) all matters arising as to whether an enactment was made in excess of the
powers conferred on Parliament or any other authority or person by law or
under this Constitution.

(2) Where an issue that relates to a matter 0; 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
determinatioh and the Court in which the question arose shall dispose of the case in
accordance with the decision of the Supreme Court.

131. Appellate jurisdiction of the Supreme Court
(1) An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court,

(a) as of right in a civil or criminal cause or matter in respect of which an
appeal has been brought to the Court of Appeal from a judgment of the
High Court or a Regional Tribunal in the exercise of its original
jurisdiction; or

(b) with the leave of the Court of Appeal, in any other cause or matter, where
the case was commenced in a court lower than the High Court or a
Regional Tribunal and where the Court of Appeal is satisfied that the case
involves a substantial question of law or is in the public interest.

(2) Notwithstanding clause (1) of this article, the Supreme Court may entertain an
application for special leave to appeal to the Supreme Court in any cause or matter, civil
or criminal, and may grant leave accordingly,

(3) The Supreme Court shall have appellate jurisdiction, to the exclusion of the Court
of Appeal, to determine matters relating to the conviction or otherwise of a person for
high treason or treason by the High Court.

(4) An appeal from a decision of the Judicial Committee of the National House of
Chiefs shall lie to the Supreme Court with the leave of that Judicial Committee or the
Supreme Court

132. Supervisory jurisdiction of the 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.

133. Power of the Supreme Court to review its decisions

(I) 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.

134. Powers of a single Justice of the Supreme Court

A single Justice of the Supreme Court may exercise a power vested in the Supreme
Court not involving the decision of the cause or matter before the Supreme Court, except
that,

(a) in criminal matters, where that Justice refuses or grants an application in
the exercise of any such power, a person affected by it is entitled to have
the application determined by the Supreme Court constituted by three
Justices of the Supreme Court; and

(b) in civil matters, any order, direction or decision made or given under this
article may be varied, discharged or reversed by the Supreme Court,
constituted by three Justices of the Supreme Court.

135. Production of ofﬁcial documents in 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 court shall be suspended while the Supreme Court
examines the document and determines whether the document should be produced or not;
and the Supreme Court shall make the appropriate order.

(3) The proceedings of the Supreme Court as to whether an official document may be
produced shall be held in camera.

The Court of A ppeal

136. Composition of Court of Appeal and qualiﬁcations of its Justices

(l) The Court of Appeal shall consist of
(a) the Chief Justice,

(b) subject to clauses (2) and (3) of this article, not less than ten Justices of the
Court of Appeal, and

(c) such other Justices of the Superior Court of Judicature as the Chief Justice
may, for the determination of a particular cause or matter by writing signed
by him, request to sit in the Court of Appeal for any specified period.

(2) The Court of Appeal shall be duly constituted by any three of the Justices referred
to in clause (1) of this article and when so constituted, the most senior 0f 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.

137. Jurisdiction of the Court of Appeal

(1) The Court of Appeal shall have jurisdiction throughout Ghana to hear and
determine, subject to the provisions of this Constitution, appeals from a judgment, decree
or order of the High Court and Regional Tribunals and such other appellate jurisdiction as
may be conferred on it by this Constitution or any other law.

(2) Except as otherwise provided in this Constitution, an appeal shall lie as of right
from a judgment, decree or order of the High Court and a Regional Tribunal to the Court
of Appeal.

(3) For the purposes of hearing and determining an appeal within its jurisdiction and
the amendment, execution or the enforcement of a judgment or order made on any
appeal, and, for the purposes of any other authority expressly or by necessary implication
given to the Court of Appeal by this Constitution or any other law, the Court of Appeal

shall have all the powers, authority and jurisdiction vested in the Court from which the
appeal is brought.

138. Powers of a single J ustice of the Court of Appeal

A single Justice of the Court of Appeal may exercise a power vested in the Court of
Appeal not involving the decision of a cause or matter before the Court of Appeal, except
that, ,

(u) in criminal matters, where that Justice refuses or grants an application in
the exercise of any such power, a person affected by it is entitled to have
the application determined by the Court of Appeal as duly constituted; and

(b) in civil matters, any order, direction or decision made or given in exercise
of the powers conferred by this article, may be varied, discharged 0r
reversed by the Court of Appeal as duly constituted.

The High Court

139. Composition of the High Court and qualiﬁcations of its Justices

( 1) The High Court shall consist of
(a) the Chief Justice,
(b) not less than twenty Justices of the High Court, and

(c) such other Justices of the Superior Court of Judicature as the Chief Justice
may, by writing signed by him, request to sit as Highﬁourt Justices for any
period.

(2) The High Court shall be constituted
(a) by a single Justice of the Court;
(1;) by a single Justice of the Court and jury;
(c) by a single Justice of the Court with assessors; or

(d) by three Justices of the Court for the trial of the offence of high treason or
treason as required by article 19 of this Constitution.

(3) There shall be in the High Court such divisions consisting of such number of
Justices respectively as the Chief Justice may determine.

(4) A person shall not be qualified for appointment as a justice of the High Court
unless he is a person of high moral character and proven integrity and is of at least ten
years’ standing as a lawyer.

140. J urisdiction 0f 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
otherlaw.

(2) The High Court shall have jurisdiction to enforce the Fundamental Human Rights
and Freedoms guaranteed by this Constitution.

(3) The High Court Shall have no power, in a trial for the offence of high treason or
treason, to convict any person for an offence other than high treason or treason.

(4) A Justice of the High Court may, in accordance with rules of court, exercise in
court or in chambers, all or any of the jurisdiction vested in the High Court by this
Constitution or any other law.

(5) For the purposes of hearing and determining an appeal within its jurisdiction and
the amendment, execution or the enforcement of a judgment or order made on any
appeal, and for the purposes of any other authority, expressly or by necessary implication
given to the High Court by this Constitution or any other law, the High Court shall have
all the powers, authority and jurisdiction vested in the Court from which the appeal is
brought.

141. Supervisory jurisdiction of the High Court

The High Court shall have supervisory jurisdiction over all lower courts and any
lower adjudicating authority and may, in the exercise of that jurisdiction, issue orders and
directions for the purpose of enforcing or securing the enforcement of its supervisory
powers.

The Regional Tribunals

142. Establishment and composition of Regional Tribunals and qualiﬁcations of
Chairmen and other panel members

(1) There shall be established in each region of Ghana such Regional Tribunals as the
Chief Justice may determine.

(2) A Regional Tribunal shall consist of
(a) the Chief Justice,
(1)) one Chairman, and

(c) such members who may or may not be lawyers as shall be designated by
the Chief Justice to sit as panel members of a Regional Tribunal and for
such period as shall be specified in writing by the Chief Justice.

(3) A Regional Tribunal shall be duly constituted by a panel consisting of the
Chairman and not less than two other panel members.

(4) A person shall not be appointed to be a Chairman) of a Regional Tribunal unless
he is qualified to be appointed a Justice of the High Court.

(5) A panel member of a Regional Tribunal shall be a person of high moral Character
and proven integrity.

143. Jurisdiction of the Regional Tribunals

(1) A Regional Tribunal shall have jurisdiction to try such offences against the State
and the public interest as Parliament may. by law, prescribe.

(2) A Regional Tribunal shall have such appellate jurisdiction relating to the matters
described in clause (1) of this article‘ as may be prescribed by law.

(3) For the purpose of hearing and determining an appeal within its jurisdiction and
the amendment, execution or enforcement of a judgment or order on any appeal, and for
the purposes of any other authority expressly or by necessary implication given to it by
this Constitution or any other law, a Regional Tribunal shall have all the powers,
authority and jurisdiction vested in the tribunal from which the appeal is brought.

Appointment, Retirement and Removal ofJustices ofSuperior Court and Chairmen
and other Members afRegional Tribunals

144. Appointment of Justices of Superior Court and Chairmen and other members
of Regional Tribunals

(1) The Chief Justice shall be appointed by the President acting in consultation with
the Council of State and with the approval of Parliament.

(2) The other Supreme Court Justices shall be appointed by the President acting on
the advice of the Judicial Council, in consultation with the Council of State and with the
approval of Parliament.

(3) Justices of the Court of Appeal and of the High Court and Chairmen of Regional
Tribunals shall be appointed by the President acting on the advice of the Judicial Council.

(4) Panel members of Regional Tribunals other than the Chairmen shall be appointed
by the Chief Justice in consultation with the Regional Coordinating Council for the
region and on the advice of the Judicial Council.

(5) Justices of the Superior Court and Chairmen of Regional Tribunals Shall be
appointed by warrant under the hand of the President and sealed by the presidential seal.

(6) Where the office of Chief Justice is vacant, or where the Chief Justice is for any
reason unable to perform the functions of his office,

(a) until a person has been appointed to, and has assumed the functions of, that
office, or

(b) until the person holding that office has resumed the functions of that ofﬁce,

as the case may be, those functions shall be performed by the most senior of the Justices
of the Supreme Court.

(7) The office of a Justice of the Superior Court shall not be abolished while there is
a substantive holder in office.

(8) A Chairman of a Regional Tribunal shall enjoy the same salary, allowances,
gratuity and pension conditions as a Justice of the High Court.

(9) Where the office of a Justice of the High Court or a Chairman of a Regional
Tribunal is vacant or for any reason, a Justice of the High Court or a Chairman of a
Regional Tribunal is unable to perform the functions of his office, 01‘ 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 a 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 a 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.

(1]) Notwithstanding the expiration of the period of his appointment or the
revocation of his appointment under clause (9) of this article, a person appointed under
clause (9) of this article may thereafter continue to act for a period not exceeding six
months, to enable him to deliver judgment or do any other thing in relation to pro—
ceedings that were commenced befnre him previous to the expiration or revocation.

145. Retirement and resignation of Justices of the Superiur Court and Chairmen of
Regional Tribunals

(1) A Justice of the Superior Court or a Chairman of a Regional Tribunal may retire
at any time after attaining the age of sixty years.

(2) A Justice of the Superior Court or a Chairman of a Regional Tribunal shall vacate
his office,

(a) in the case of a Justice of the Supreme Court or the Court of Appeal, 0n
attaining the age of seventy years;

(b) in the case of a Justice of the High Court or a Chairman of a Regional
Tribunal, on attaining the age of sixty-fivc years; or

(3) A Justice of the Superior Court of Judicature or a Chairman of a Regional
Tribunal may resign his office by writing signed by him and addressed to the President.

(4) Notwithstanding that he has attained the age at which he is required by this article
to vacate his office, a person holding office as a Justice of the 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 enabte him to deliver judgment or
do any other thing in relation to proceedings that were commenced before him previous
to his attaining that age.

146. Removal of Justices of the Superior Court and Chairmen of the Regional
Tribunals

(1) A Justice of the Superior Court or a Chairman of a Regional Tribunal shall not be
removed from office except for stated misbehaviour 0r incompetence or on ground of
inability to perform the functions of his office arising from infirmity of body or mind.

(2) A Justice of the Superior Court of Judicature or a Chairman of a Regional
Tribunal may only be removed in accordance with the procedure specified in this article.

(3) 1f the President receives a petition for the removal of a Justice of the Superior
Court other than the Chief Justice or for the removal of the Chairman of a Regional
Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether
there is a prima facie case.

(4) Where the Chief Justice decides that there is a prima facie case, he shall set up a
committee consisting of three Justices of the Superior Court 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, not
members of Parliament, nor lawyers.

(7) The Committee appointed under clause (6) of this article shall inquire into the
petition and recommend to the President whether the Chief Justice ought to be removed
from office.

(8) All proceedings under this article shall be held in camera, and the Justice or
Chairman against whom the petition is made is entitled to be heard in his defence by
himself or by a lawyer or other expert of his choice.

(9) The President shall, in each case, act in accordance with the recommendations of
the Committee.

(10) Where a petition has been referred to a committee under this article, the
President may,

(a) in the case of the Chief Justice, acting in accordance with the advice of the
Council of State, by warrant signed by him, suspend the Chief Justice;

(b) in the case of any other Justice of the Superior Court or of a Chairman of a
Regional Tribunal, acting in accordance with the advice of the Judicial
Council, suspend that Justice or that Chairman of a Regional Tribunal.

(t l) The President may, at any time, revoke a suspension under this article.

I47. Service conditions and removal of panel members of the Regional Tribunal
other than the Chairman

(1) A panel member of a Regional Tribunal, other than the Chairman, shall have such
allowances and benefits as may be determined by the President acting on the advice of
the Judicial Council.

(2) A panel member of a Regional Tribunal other than the Chairman may be removed
by the Chief Justice acting on the advice of the Judicial Council and of the Regional Co-
ordinating Council on grounds of stated misbehaviour or incompetence or on ground of
inability to perform his functions arising from inﬁrmity ofbody or mind.

(3) For the purposes of clause (2) of this article the panel member concerned is
entitled to be heard in his defence by himself or by a lawyer or other expert of his choice.

Appointment, Retirement and Removal of Judicial Ofﬁcers

148. Appointment ofjudicial ofﬁcers

Subject to the provisions of this article, the power to appoint persons to hold or to act
in a judicial office shall be vested, subject to the approval of the President, in the Chief
Justice acting on the advice of the Judicial Council.

149. Conditions of service of judicial ofﬁcers

Judicial officers shall receive such salaries, allowances, facilities and privileges and
other benefits as the President may, acting on the advice of the Judicial Council,
determine.

150. Retirement and resignation ofjudicial ofﬁcers
(1) Ajudiciai officer

(a) may retire from his office at any time after attaining the age of forty—five
years; and

(b) shall vacate his office on attaining the age of sixty years.
(2) A judicial officer may resign his office by writing addressed to the Chief Justice.
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 resolutiun supported by the
votes of rate 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.

152. Appointment, allowances and removal of lower court or tribunal panel
members ‘

(1) A panel member of a lower court or tribunal, other than the person presiding,

(a) shall be appointed by the Chief Justice acting on the advice of the Judicial
Council and in consultation with the relevant District Assembly from
among persons of high moral character and proven integrity;

(1)) shall he paid 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 purposes of paragraph (c) of clause (1) of this article the panel member
concerned is entitled to be heard in his defence by himself or by a lawyer or other expert
of his choice.

The Judicial Catmcii

153. The Judicial Council

There Shall be a Judicial Council which shall comprise the following persons:

(a)
(b)
(C)

(d)

(e)
(f)

(g)

(h)
(i)
(i)
(k)
(l)

(m)
(n)

the Chief Justice who shall be Chairman;
the Attorney-General;

a Justice of the Supreme Court nominated by the Justices of the Supreme
C0urt;

a Justice of the Court of Appeal nominated by the Justices of the Court of
Appeal;

3 Justice of the High Court nominated by the Justices of the High Court;

two representatives of the Ghana Bar Association one of whom shall be a
person of not less than twelve years’ standing as a lawyer;

a representative of the Chairmen of the Regional Tribunals nominated by
the Chairmen;

a representative of the lower courts or tribunals;

the Judge Advocate-General 0f the Ghana Armed Forces;
the Head of the Legal Directorate of the Police Service;
the Editor of the Ghana Law Reports;

a representative of the Judicial Service Staff Association nominated by the
Association;

a chief nominated by the National House of Chiefs; and

four other persons who are not lawyers appointed by the President.

154. Functions of the J udicial Council

(1) The functions of the Judicial Council are,

(a)

(b)

(C)

to propose for the consideration of Government, judicial reforms to im‘
prove the level of administration ofjustice and efficiency in the Judiciary;

to be a forum for consideration and discussion of matters relating to the
discharge of the functions of the Judiciary and thereby assist the Chief
Justice in the performance of his duties with a view to ensuring efficiency
and effective realisation of justice; and

to perform any other functions conferred on it by or under this Constitution
or any other law not inconsistent with this Constitution.

(2) The Judicial Council may establish such committees as it considers necessary to
which it shall refer matters relating to the Judiciary.

M iscellaneous

155. Retiring awards of Superior Court J ustices

(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

(19) 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;

156. The Judicial Oath

(1) A Justice of the 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.

(2) The President may, on the advice of the Chief Justice, direct that any other person
connected with the exercise of judicial power, shall take and subscribe the Judicial Oath.

(3) The Oath of Allegiance and the Judicial Oath required by this article shall be
taken and subscribed,
(a) in the case of the Chief Justice or other Justice of the 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 the Superior Court or Chairman of a Regional Tribunal as the
Chief Justice may direct.

157. Rules of Court Committee
(1) There shall be a Rules of Court Committee which shall consist of
(a) the Chief Justice, who shall be Chairman,

(b) six members of the Judicial Council, other than the Chief Justice nominated
by the J udicial Council, and

(c) two [awyers, 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 the Superior
Court for the determination of any cause or matter shall, having heard the arguments of
the parties to that cause or matter and before judgment is delivered, withdraw as a
member of the Court or tribunal, or as a member of the panel determining that cause or
matter, nor shall that person become fmzctus oﬁ‘icio in respect of that cause or matter,
until judgment is delivered.

[58. Other officers and employees of the Courts

(1) The appointment of officers and employees of the Courts other than those
expressly provided for by other provisions of this Constitution, shall be made by the
Chief Justice or other Justice at other officers 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.

159. Regulations by the Chief J ustice

The Chief Justice may, acting in accordance with the advice of the Judicial Council
and with the approval of the President. by constitutional instrument, make Regulations
for the efficient performance of the functions of the Judicial Service and the Judicial
Council under this Chapter.

160. Fees of the Courts to form part of the Consolidated Fund

The fees, fines and other monies paid to the Courts shall form part of the Consoli-
dated Fund.

161. Interpretation
In this Chapter, unless the context otherwise requires,
“court” includes a tribunal;

“judicial oﬂiee” means:

(a) the ofﬁce of a person presiding over a lower court or tribunal howsoever
described;

(b) the office of the J udicial Secretary or Registrar of the Superior Courts;

(r) such other offices connected with any court as may be prescribed by
constitutional instrument made by the Chief Justice acting in accordance
with the advice of the Judicial Council and with the approval of the
President;

“judicial ofﬁcer” means the holder of a judicial ofﬁce; and

“supervisory jurisdiction” includes jurisdiction to issue writs or orders in the
nature of habeas corpus, certiorari, mandamus, prohibition and qua warrantoi

CHAPTER 12
FREEDOM AND INDEPENDENCE OF THE MEDIA

162. Freedom and responsibility of the media
(1) Freedom and independence of the media are hereby guaranteed.

(2) Subject to this Constitution and any other law not inconsistent with this
Constitution, there shall be no censorship in Ghana

(3) There shall be no impediments to the establishment of private press or media, and
in particular, there shall be no law requiring any person to obtain a licence as prerequisite
to the establishment or operation of a newspaper, journal or other media of mass com—
munication or information.

(4) Editors and publishers of newspapers and other institutions of the mass media
shall not be subject to control or interference by Government, nor shall they be penalised
0r harassed for their editorial! opinion 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
accountabiiity 0f the Government to the people of Ghana.

(6) A medium for the dissemination of information to the public which publishes a

statement about or against a person shall be obliged to publish a rejoinder if any, from
the person in respect of whom the publication was made

163. Responsibility of the State-owned media

All state—owned media shall afford fair opportunities and facilities for the represent—
ation ofdivergent views and dissenting opinions.
164. Limitation on rights and freedoms

The provisions of articles 162 and 163 of this Constitution are subject to laws that are
reasonably required in the interest of national security, public order, public morality and
for the purpose of protecting the reputations, rights and freedoms of other persons.

165. Media rights and freedoms to be additional to fundamental human rights

For the avoidance of doubt, the provisions of this Chapter shall not be taken to limit
the enjoyment of any of the fundamental human rights and freedoms guaranteed under
Chapter 5 of this Constitution.

166. The National Media Commission

(1) There shall be established by an 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 eighteen9 members as foiluws:

(a) one representative each nominated by
(i) the Ghana Bar Association;

8‘ See the National Media Commission Act, I993 (Act 449), amended by Act 561.

9. Amended by section 5 of the Constitutitm 0f the Republic uf Ghana (Amendment) Act, 1996 (Act 527).
The original figure was fifteen.

(b)
(C)
(‘1′)

(ii) the Publishers and Owners of the Private Press;

(iii) the Ghana Association of Writers and the Ghana Library
Association;

(iv) the Christian group (the National Catholic Secretariat, the Christian
Council, and the Ghana Pentecostal Council);

(v) the Federation of Muslim Councils and Ahmadiya Mission;

(vi) the training institutions of journalists and communicators;

(vii) the Ghana Advertising Association and the Institute of Public
Relations of Ghana;

(viii) the Ghana National Association of Teachers;
(ix) the National Council on Women and Development;m
(x) the Trade Unions Congress;”
(xi) the Association of Private Broadcasters,”2
two representatives nominated by the Ghana J ournalists Association;
two persons appointed by the President; and

three persons nominated by Parliament.

(2) The Commission shall elect its own Chairman.

(3) A person who is a founding member of a political party, is a leader or member of
its executive or holds any office in a political party shall not be qualified to he a member
of the Commission.’3

167. Functions of the Commission

The functions of the National Media Commission are,

(a)
(b)

(d)

(6)

to promote and ensure the freedom and independence of the media for mass
communication or information;

to take all appropriate measures to ensure the establishment and
maintenance of the highest journalistic standards in the mass media,
including the investigation, mediation and settlement of complaints made
against or by the press or other mass media;

to insulate the State-owned media from governmental control;

to make Regulations by constitutional instrument for the registration of
newspapers and other publications, except that the Regulations shall not
provide for the exercise of any direction or control over the professional
functions of a person engaged in the production of newspapers or other
means of mass communication; and

to perform such other functions as may be prescribed by law not incon—
sistent with this Constitution.

ltt. Inserted by section 5 0f the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Ae1527).
11. Inserted by section 5 nflhe Constitution 01‘ the Republic of Ghana (Amendment) Act, 1996 (A6152?)
121 Inserted by section 5 of the Constitution of the Republic of Ghana (Amendment) Acl, 1996(Ac1527).
13. Inserted by section 5 0f the Constitution of the Republic of Ghana (Amendment) Act. 1996 (Act 527).

168. Appointment of board members of the State-owned media

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.

169. Appointment of editors

Editors of the State-owned media shall be appointed by the governing bodies of the
respective corporations in consultation with the Public Services Commission.

170. Staff of the Commission

The Commission shall appoint the officers and other employees of the Commission in
consultation with the Public Services Commission.

17]. Expenses of the Commission charged on the Consolidated Fund

The administrative expenses of the National Media Commission, including salaries,
allowances and pensions payable to or in respect of persons serving with the Commission
shall be Charged on the Consolidated Fund.

172. Independence of the Commission

Except as otherwise provided by this Constitution or by any other law not inconsistent
with this Constitution, the National Media Commission shall not be subject to the
direction or control of any person or authority in the performance of its functions.

173. Independence of journalists

Subject to article 167 of this Constitution, the National Media Commission shall not
exercise any control or direction over the professional functions of a person engaged in
the production of newspapers or other means of communication.

CHAPTER 13
FINANCE

General

174. Taxation

(1) No taxation shall be imposed otherwise than by or under the authority of an Act
of Parliament.

(2) Where an Act, enacted in accordance with clause (1) of this article, confers power
on any person or authority to waive or vary a tax imposed by that Act, the exercise of the
power of waiver or variation, in favour of any person or authority, shall be subject to the
prior approval of Parliament by resolution.

(3) Parliament may by resolution, supported by the votes of not less than two-thirds
of all members of Parliament, exempt the exercise of any power from the provisions of
clause (2) of this article.

175. The public funds of Ghana

The public funds of Ghana shalt 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.

176. The Consolidated F and
(1) There shall be paid into the Consolidated Fund, subject to the provisions of this
article,

(a) all revenues or other monies raised or received for the purposes of, or on
behalf of, the Government; and

(b) any other monies raised or received in trust for, or on behalf of, the
Government.
(2) The revenues or other monies referred to in clause (1) of this article shall not
include revenues or other monies,

(a) that are payable by or under an Act of Parliament into some other fund
established for specific purposes; or

(b) that may, by or under an Act of Parliament, be retained by the department
of Government that received them for the purposes of defraying the
expenses of that department

I77. The Contingency Fund

(I) There shall be paid into the Contingency Fund monies voted for the purpose by
Parliament; and advances may be made from that Fund which are authorised by the
committee responsible for ﬁnancial measures in Parliament whenever that committee is
satisfied that there has arisen an urgent or unforeseen need for expenditure for which no
other provision exists to meet the need.

(2) Where an advance is made from the Contingency Fund a supplementary estimate
shall be presented as soon as possible to Parliament for the purpose of replacing the
amount so advanced.

178. Withdrawal from public funds

( 1) N0 monies shall be withdrawn from the Consolidated Fund except

(a) to meet expenditure that is charged on that Fund by this Constitution or by
an Act of Parliament; or

(b) where the issue of those monies has been authorised by,
(i) an Appropriation Act;

(ii) a supplementary estimate approved by resolution of Parliament
passed for the purpose;

(iii) an Act of Parliament enacted under article 179 of this Constitution;
or

(iv) Rules or Regulations made under an Act of Parliament in respect of
trust monies paid into the Consolidated Fund.

(2) No monies shall be withdrawn from any public fund, other than the Consolidated
Fund and the Contingency Fund, unless the issue of those monies has been authorised by
or under the authority of an Act of Parliament.

179. Authorisation of expenditure

(1) The President shall cause to be prepared and laid before Parliament at least one
month before the end of the financial year, estimates of the revenues and expenditure of
the Government of Ghana for the following financial year.

(2) The estimates of the expenditure of all public offices and public corporations,
other than those set up as commercial ventures,

(a) shall be classified under programmes or activities which shall be included
in a bill to be known as an Appropriation Bill and which shall be
introduced into Parliament to provide for the issue from the Consolidated
Fund or such other appropriate fund, of the sums of money necessary to
meet that expenditure and the appropriation of those sums for the purposes
specified in that Bill; and 7

(b) shall, in respect of payments charged on the Consolidated Fund, be laid
before Parliament for the information of members of Parliament.

(3) The Chief Justice shall, in consultation with the Judicial Council, cause to be
submitted to the President at least two months before the end of each financial year, and
thereafter as and when the need arises,

(a) the estimates of administrative expenses of the Judiciary charged on the
Consolidated Fund under article 127 of this Constitution, and

(b) estimates of development expenditure of the Judiciary.

(4) The President shall, at the time speciﬁed in clause (1) of this article, or thereafter,
as and when submitted to him under clause (3) of this article, cause the estimates referred
to in clause (3) of this anicle to he laid before Parliament.

(5) The estimates shall be laid before Parliament under clause (4) by the President
without revision but with any recommendations that the Government may have on them.

(6) The development expenditure of the Judiciary, if approved by Parliament, shall be
a charge on the Consolidated Fund.

(7) Parliament shall prescribe procedure for the presentation of Appropriation Bills

(8) Where, in respect of a financial year, it is found that the amount of monies
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 money has been appropriated by
that Act, a supplementary estimate showing the sum of money required, shall be laid
before Parliament for its approval.

(9) Where, in the case of a financial year, a supplementary estimate has been
approved by Parliament in accordance with clause (8) of this article, a Supplementary
Appropriation Bill shall be introduced into Parliament in the financial year next following
the financial year to which the estimate relates, providing for the appropriation of the sum
SO approved for the purposes specified in that estimate.

(10) Notwithstanding the provisions of the preceding clauses of this article, the
President may cause to be prepared and laid before Parliament, estimates of revenue and
expenditure of Ghana for periods of over one year.

(11) Whenever in the estimates prepared in accordance with clauses (1) and (8) of
this article provision is made for an item or vote other than for the Contingency Fund, not
relating to a specific item of expenditure, any monies voted by Parliament in respect of
that item or vote shall be under the control and supervision of a Committee which shall
consist of the President, the Speaker and the Chairman of the Council of State.

l80. Expenditure in advance of appropriation

Where it appears to the President that the Appropriation Act in respect of any
financial year will not come into operation by the beginning of that financial year, he
may, with the prior approval of Parliament by a resolution, authorise the withdrawal of
monies 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, by a resolution supported by the votes of a majority of all the
members of Parliament, authorise the Government to enter into an agreement for the
granting of a loan out of any public fund or public account.

(2) An agreement entered into under clause (1) of this article shall be laid before
Parliament and shall not come into operation unless it is approved by a resolution of
Parliament.

(3) No loan shall be raised by the Government on behalf of itself or any other public
institution or authority otherwise than by or under the authority of an Act of Parliament.

(4) An Act of Parliament enacted in accordance with clause (3) of this article shall
previde,

(a) that the terms and conditions of a loan shall be laid before Parliament and
shall not come into operation unless approved by a resolution of
Parliament; and

(b) that any monies 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 monies 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) monies from the Consolidated Fund or any other public fund may be used
for payment or repayment; or

(b) monies from any fund by whatever name called, established for the
purposes of payment or repayment whether directly or indirectly, may he
used for payment or repayment.

(7) The Minister responsible for Finance shall, at such times as Parliament may
determine, present to Parliament any information concerning any discrepancies relating
to

(a) the granting of loans, their repayment and servicing;

(b) the payment into the Consolidated Fund or other public fund of monies
derived from loans raised on institutions Outside Ghana.

182. The public debt

(1) The public debt of Ghana shall be charged on the Consolidated Fund and other
public funds of Ghana.

(2) For the purposes of this article, the public debt shall include interest on that debt,
sinking fund payments and redemption monies in respect of that debt and the costs,
charges and expenses incidental to the management of that debt.

183. The Central Bank

(1) The Bank of Ghana shall be the Central Bank of Ghana and shall be the only
authority to issue the currency of Ghana.

(2) The Bank of Ghana shall

(a) promote and maintain the stability of the currency of Ghana and direct and
regulate the currency system in the interest of the economic progress of
Ghana;

(b) be the sole custodian of State funds of Ghana both in and outside Ghana
and may, by notice published in the Gazette, authorise any other person or
authority to act as a custodian of any such fund as may be specified in the
notice;

(c) encourage and promote economic development and the efficient utilisation
of the resources of Ghana through effective and efﬁcient operation of a
banking and credit system in Ghana; and

(d) do all other things not inconsistent with this article as may be prescribed by
law.

(3) The Governor of the Bank of Ghana shall, for the purposes of this article,
disallow any transaction or transfer involving, directly or indirectly, any foreign
exchange whether in or outside Ghana which is contrary to law.

(4) The following shall apply to the Governor 0fthe Bank of Ghana:

(:1) he shall be appointed by the President acting in consultation with the
Council of State for periods of four years each;

(b) he shall, notwithstanding article 285 of this Constitution be the Chairman
of the governing body of the Bank of Ghana;

((1) 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.

184. Foreign exchange dealings

(l) 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 Pariiament once in every six months.

(2) The Bank of Ghana shall, not later than three months,
(a) after the end of the first six months of its financial year, and
(b) after the end of its financial year,

submit to the Auditor-General for audit, a statement of its foreign exchange receipts and
payments or transfers in and outside Ghana.

(3) The Auditor—General shall, not later than three months after the submission of the
statement referred to in clause (2) of this article, submit his report to Parliament on the
statement.

(4) Parliament shall debate the report of the Auditor-General and appoint, where
necessary, in the public interest, a committee to deal with any matters arising from the
report. «

The Statistical Service

185. The Statistical Service

(1) There shall be a Statistical Service which shall form part of the public services of
Ghana.

(2) The head of the Statistical Service shall be the Government Statistician.

(3) The Government Statistician shall be appointed by the President in consultation
with the Council of State.

186. The Statistical Service Board

(1) There shall be a Statistical Service Board which shall consist of

(a) a chairman and not more than five other members all of whom shall be
appointed by the President having regard to their expert knowledge, in
consultation with the Council of State, and

(b) the Government Statistician.

(2) The Government Statistician, under the supervision of the Statistical Service
Board, shall be responsible for the collection, compilation, analysis and publication of
socio—economic data on Ghana and shall perform such other functions as may be
prescribed by or under an Act of Parliament.

(3) The Statistical Service Board may prescribe the manner in which data may be
compiled and kept by any person or authority in Ghana.

The Auditor—General

187. The Auditor-General
(1) There shall be an Auditor-General of Ghana whose ofﬁce shall be a public office.

(2) The public accounts of Ghana and of all public offices, including the Courts, the
central and local government administrations, the Universities and public institutions of
like nature, any public corporation or other body or organisation established by an Act of
Parliament, shall be audited and reported on by the Auditor—General.

(3) For the purposes of clause (2) of this article, the Auditor-General or any person
authorised or appointed for the purpose by the Auditor—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 AuditorAGeneral and appoint where
necessary, in the public interest, a committee to deal with any matters arising from it.

(7) [n the performance of his functions under this Constitution or any other law the
Auditor-General

(a) shall not be subject to the direction or control of any other person or
authority;

(b) may disallow any item of expenditure which is contrary to law and
surcharge,

(i) the amount of any expenditure disallowed upon the person
responsible for incurring or authorising the expenditure;

(ii) any sum which has not been duly brought into account, upon the
person by whom the sum ought to have been brought into account; or

(iii) the amount of any loss or deﬁciency, upon any person by whose
negligence or misconduct the loss or deficiency has been incurred.

(8) Paragraph (a) of clause (7) of this article shall not preclude the President, acting
in accordance with the advice of the Council of State, from requesting the Auditor-
General in the public interest, to audit, at any particular time, the accounts of any such
body or organisation as is referred to in clause (2) of this article.

(9) A person aggrieved by a disallowance 0r surcharge made by the Auditor—General
may appeal to the High Court

(10) The Rules of Court Committee may, by constitutional instrument, make Rules of
Court for the purposes of clause (9) of this articie.

(l l) 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
J ustice 0f the Superior Court of Judicature from office shall apply to the Auditor-General.

(14) The administrative expenses of the office of the Auditor~General including all
salaries, allowances, gratuities and pensions payable to or in respect of persons serving in
the Audit Service shall be a charge on the Consolidated Fund.

(15) The accounts of the office of the Auditor-General shall be audited and reported
upon by an auditor appointed by Parliament.

(16) A person appointed to be the Auditor—General of Ghana shall, before entering
upon the duties of his office, take and subscribe the Oath of the Auditor~General set out
in the Second Schedule to this Constitution.

The Audit Service

188. The Audit Service

There shall be an Audit Service which shall form part of the public services of Ghana.

189. The Audit Service Board

(1) There shall be an Audit Service Board which shall consist of

(a) a Chairman and four other members appointed by the President, acting in
consultation with the Council of State,

(b) the Auditor—General, and

(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,

(0) determine the terms and conditions of service of officers and other
employees in the Audit Service; and

(b) by constitutional instrument, make Regulations for the effective and
efficient administration of the Audit Service.

(4) A member of the Audit Service Board, other than the Auditor—General or the
Head of the Civil Service or his representative, may be removed from office by the
President, acting in accordance with the advice of the Council of State, for inability to
perform the functions of his office arising from infirmity of mind or body or for any other
sufficient cause.

CHAPTER 14
THE PUBLIC SERVICES

190. The Public Services of Ghana

(1) The Public Services of Ghana shall include,
(a) the Civil Service,
the Judicial Service,
the Audit Service,
the Education Service,
the Prisons Service,
the Health Service,
the Statistical Service,
the National Fire Service,
the Customs, Excise and Preventive Service,
the Internal Revenue Service,
the Police Service,
the Immigration Service, and
the Legal Service;
(b) public corporations other than those set up as commercial ventures;
(c) public services established by this Constitution; and
(d) such other public services as Parliament may by law prescribe.

(2) The Civil Service shall, until provision is otherwise made by Parliament,
comprise service in both central and local government.

(3) Subject to the provisions of this Constitution, an Act of Parliament enacted by
virtue of clause (1) of this article shall provide for

(a) the governing council for the public service to which it relates,
(b) the functions of that service, and

(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

191. Protection of public ofﬁcers

A member of the public services shall not be
(a) victimised 0r discriminated against for having discharged his duties
faithfully in accordance with this Constitution; or

(b) dismissed or removed from office or reduced in rank or otherwise punished
without just cause.

192. Establishment of public corporations

A public corporation shall not be established except by an Act of Parliament.

193. Head of the Civil Service

(1) The President shat}, 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.
194. The Public Services Commission

(1) There shall be a Public Services Commission which shall perform such functions
as are assigned to it by this Constitution or by any other law.

(2) The Public Services Commission shall consist of

(a) a Chairman, 3 Vice-Chairman and three other members who shall be full-
time members of the Commission, and

(b) such other members as Parliament may, subject to article 70 of this
Constitution, by law prescribe.

(3) A person shall not be qualified to be appointed a member of the Public Services
Commission

(a) if he is not qualified to be elected as a member of Parliament, or
(b) if he is otherwise disqualified from holding a public office.

(4) A person holding a public office shall, upon being appointed a full-time member
of the Public Services Commission, resign from that public office.

(5) Subject to clause (6) of this article, the terms and conditions of service including
retiring ages of a Justice of the Court of Appeal shall apply to the Chairman of the Public
Services Commission and those of a Justice of the High Court shall apply to the Vice-
Chairman.

(6) The provisions of article 146 of this Constitution relating to the removal from
office of a J ustice 0f the Superior Court ofJudieature, shall apply

(a) to the full—time members of the Public Services Commission;

(b) to the members of the Commission referred to in paragraph (b) of
clause (2) of this article, before the expiration of their period of service as
provided by law.

(7) The salaries, allowances, facilities and privileges payable or available to the
members of the Commission other than the Chairman and Vice-Chairman, shall be
determined under article 71 of this Constitution.

195. Appointments of public ofﬁcers

(1) Subject to the provisions of this Constitution, the power to appoint persons to
hold or to act in an office in the public services shall vest in the President, acting in
accordance with the advice of the Governing Council of the service concerned given in
consultation with the Public Services Commission.

(2) The President may, subject to such conditionsas he may think fit, delegate some
of his functions under this article by directions in writing to the Governing Council
concerned or to a committee of the Council or to any member of that Governing Council
or to any public officer.

(3) The power to appoint persons to hold or act in an office in a body of higher
education, research or professional training, shall vest in the Council or other governing
body ofthat institution or body.

196. Other functions of the Public Services Commission

The Public Services Commission shall have such powers and exercise such
supervisory, regulatory and consultative functions as Parliament shall, by law, prescribe,
including as may be applicable, the supervision and regulation of, entrance and
promotion examinations, recruitment and appointment into or promotions within, the
public services, and the establishment of standards and guidelines on the terms and
conditions of employment in the public services.

197. Regulations

The Public Services Commission may, subject to the approval of the President, make
Regulations, by constitutional instrument, for the effective and efficient performance of
its functions under this Constitution or any other law.
198. Independence of the Commission

Except as otherwise provided in this Constitution, or any other law not inconsistent
with this Constitution, the Public Services Commission shall not be subject to the control
or direction of any person or authority in the performance of its functions.

199. Retiring age and pension

(1) A public officer shall, except as otherwise provided in this Constitution, retire
from the public service on attaining the age of sixty years.

(2) A public officer may, except as otherwise provided in this Constitution, retire
from the public service at any time after attaining the age of forty—five years.

(3) The pension payable to any person shall be exempt from tax.

(4) Notwithstanding clause (1) of this article, a public officer who has retired from
the public service after attaining the age of sixty years may, where the exigencies of the
service require, be engaged for a limited period of not more than two years at a time but
not exceeding five years in all and upon such other terms and conditions as the
appointing authority shall determine.l4

CHAPTER 15
THE POLICE SERVICE

200. The Police Service
(1) There shall be a Police Service of Ghana.

14. Inserted by section 6 of the Constitution ofthe Republic of Ghana (Amendment) Act. i996 (Act 527).

(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.

201. The Police Council

There shall be established a Police Council which shall consist of

(a) a chairman who shall be appointed by the President acting in consultation
with the Council of State,]

(19) the Minister responsible for Internal Affairs,

(:1) the Attorney-General or his representative,

(e) a lawyer nominated by the Ghana Bar Association,

0‘) a representative of the Retired Senior Police Officers Association,

(g) two members of the Police Service, appointed by the President, acting in
consultation with the Council of State, one of whom shall be of a junior
rank, and

(h) two other members appointed by the President.

202. The lnspector-General of Police and appointment of members of the Police
Service

(I) The lnspectot—General of Police shall be appointed by the President acting in
consultation with the Council ofState.

(2) The inspector-General of Police shall be head of the Police Service and shall,
subject to the provisions of this article and t0 the control and direction of the Police
Council, be responsible for the operational control and the administration of the Police
Service.

(3) Subject to the provisions of this Constitution, the power to appoint persons to
hold or to act in an office in the Police Service shall vest in the President, acting in
accordance with the advice of the Police Council.

(4) The President may, subject to such conditions as he thinks fit, delegate some of
his functions under this article by directions in writing to the Police Council or to a
committee or to a member of the Council.

203. Functions of the Police Council

(I) The Police Council shall advise the President on matters of policy relating to
internal security, including the role of the Police Service, budgeting and finance,

15V Amended by section 7 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).
The original paragraph reads,
“(a) the Viee-President, who shall be Chairman”.

administration and the promotion of officers above the rank of Assistant Commissioner

of Police

(2) The Police Council may, with the prior approval of the President, by
constitutional instrument, make Regulations for the performance of its functions under
this Constitution or any other law and for the effective and efficient administration of the
Police Service.

(3) Regulations made under clause (2) of this article shall include regulations in

respect of
(a)
(b)

(e)

the control and administration of the Police Service;

the ranks of ofﬁcers and men of each unit of the Police Service, the
members ofeach rank and the use of uniforms by the members;

the conditions of service including these relating to the enrolment, salaries,
pensions, gratuities and other allowances of officers and men;

the authority and powers of command of officers and men of the Police
Service; and

the delegation to other persons of powers to discipline persons and the
conditions subject to which delegations may be made.

204. Regional Police Committees

(1) There shall be established for each region a Regional Police Committee which
shall consist of

(a)
(b)
(C)

(d)
(6)
0‘)

the Minister of State appointed for the region, who shall be Chairman,
the two most senior members of the Police Service in the region,

a representative of each district in the region appointed by the District
Assembly in the district,

a lawyer practising in the region nominated by the Ghana Bar Association;
a representative of the Attorney-General, and

a representative of the Regional House of Chiefs.

(2) A Regional Police Committee shall advise the Police Council on any matter
relating to the administration of the Police Service in the region.

CHAPTER 16
THE PRISONS SERVICE

205. The Prisons Service

(1) There shall be a Prisons Service othana.

(2) The Prisons Service shall be equipped and maintained to perform its traditional
role efficiently.

206. The Prisons Service Council

There shall be established a Prisons Service Council which shall consist of

(a) a chairman who shall be appointed by the President acting in consultation
with the Council of State,“1

(b) the Minister responsible for Internal Affairs,

(d) a medical practitioner nominated by the Ghana Medical Association,
(3) a lawyer nominated by the Ghana Bar Association,

(I) the Attorney-General or his representative,

(g) a representative of the Ministry or Department of State responsible for
Social Welfare,

(h) a representative of such religious bodies as the President may, in
consultation with the Council of State, appoint,

(1’) two members of the Prisons Service appointed by the President in
consultation with the Council of State one of whom shall be of a junior
rank,

0‘) a representative of the National House of Chiefs, and
(1:) two other members appointed by the President.

207. Director-General of Prisons Service and appointment of members of Service

(1) The Directorﬁeneral of the Prisons Service shall be appointed by the President,
acting in consultation with the Council of State.

(2) The Director-General of the Prisons Service shall, subject to the provisions of this
article and t0 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.

208. Functions of the Prisons Service Council

(1) The Prisons Service Council shall advise the President on matters of policy
relating to the organisation and maintenance of the prison system in Ghana including the
role of the Prisons Service, prisons budgeting and finance, administration and the
promotion of officers above the rank of Assistant Director of Prisons.

lb. Amended by section 8 of the Constitution of the Republic of Ghana (Amendment) Act, 19% (Ac1527).
The original paragraph reads,
“(1.1) the Vice—President, who shall be Chairman”.

(2) The Prisons Service Council may, with the prior approval of the President, by
constitutional instrument, make regulations for the performance of its functions under this
Constitution or any other law and for the effective and efficient administration of prisons
and the Prisons Service.

(3) Regulations made under clause (2) ofthis article shall include provisions relating

to
(a)
(b)

the control and administration of prisons and the Prisons Service;

the ranks of officers and men of the Prisons Service, the members of each
rank and the use of uniforms by the members;

the conditions of service including those relating to the enrolment, salaries,
pensions, gratuities and other allowances of officers and men;

the authority and powers of command of the officers and men of the
Prisons Service;

the delegation to other persons of powers to discipline persons and the
conditions subject to which delegation may he made;

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;

the conditions under which persons may be admitted into prisons;

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;

the appointment and composition of welfare committees for prisoners and
discharged prisoners and other persons released from legal custody;

ready access by lawyers to prisoners and other persons in legal custody;
and

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.

209. Regional Prisons Committee

(1) There shall be established for each region a Regional Prisons Committee which
shall consist of

(a)
(b)
(C)
(d)
(6)
(f)

(g)
(h)

the Minister of State appointed for the region, who shall be Chairman;

the most senior member of the Prisons Service in the region;

a representative of the Attorney-General;

a lawyer practising in the region nominated by the Ghana Bar Association;
the Regional Director of Health Services;

a medical practitioner in the region nominated by the Ghana Medical
Association;

the Regional Director of Social Welfare;
a representative of the Regional House of Chiefs; and

(i) representatives of such religious bodies as the Regional Minister may deem
fit to appoint.

(2) A Regional Prisons Committee shall advise the Prisons Service Council and the
Director-General of the Prisons Service on any matter relating to the administration of
prisons and of the Prisons Service in the region.

CHAPTER 17
THE ARMED FORCES OF GHANA

210. The Armed Forces of Ghana

(1) There shall he the Armed Forces of Ghana which shail consist of the Army, the
Navy and the Air Force and such other services for which provision is made by
Parliament.

(2) A person shall not 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.

211. The Armed Forces Council

There shall be established an Armed Forces Council which shall consist of
(a) a Chairman who shall be the President or his nominee;l7
(b) the Ministers responsible for Defence, Foreign Affairs and Internal Affairs;

(c) the Chief of Defence Staff, the Service Chiefs and a senior Warrant Officer
or its equivalent in the Armed Forces, and

(d) two other persons appointed by the President acting in consultation with
the Council of State.

212. Appointments
(1) The President shall, acting in consultation with the Council of State, appoint,
(a) the Chief of Defence Staff of the Armed Forces; and
(b) the Service Chiefs.
(2) The President may, acting in accordance with the advice of the Armed Forces

Council, appoint officers of the Armed Forces who shall be given such command as the
Armed Forces Council shall determine.

(3) The President shall, acting in accordance with the advice of the Armed Forces
Council, grant commissions to officers of the Armed Forces.

17. Amended by seelion 9 ofthe Constitution of the Republic of Ghana (Amendment) Act, 1996(Ae1527)
The original paragraph reads as follows,
“(0) the Viee»President, who shall be chairman.”

(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.

213. The Chief of Defence Staff

The Chief of Defence Staff of the Armed Forces shall, subject to the provisions of this
article, and t0 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.

214. Functions of the Armed Forces Council

(‘1) The Armed Forces Council shall advise the President on matters of policy relating
to defence and strategy including the role of the Armed Forces, military budgeting and
finance, administration and the promotion of officers above the rank of Lieutenant—
Colonel or its equivalent

(2) The Armed Forces Council may, with the prior approval of the President, by
constitutional instrument, make Regulations for the performance of its functions under
this Constitution or any other law, and for the effective and efficient administration of the
Armed Forces.

(3) Regulations made under clause (2) of this article shall include regulations in
respect of

(a) the control and administration of the services of the Armed Forces;

(b) the ranks of officers and men of each service, the members in each tank
and the use of uniforms by the officers and men;

(c) the conditions of service including those relating to the enrolment, salaries,
pensions. gratuities and other allowances of officers and men of each
Service and deductions from them;

(d) the authority and powers of command of officers and men of each service;

(8) the delegation to other persons of powers of commanding officers to try
accused persons and the conditions subject to which delegations may be
made; and

(f) the establishment of research and development units in each service.
215. Delegation of functions
The Armed Forces Council may, subject to such conditions as it may consider fit,

delegate some of its functions under this Chapter by directions in writing to a committee
or a member of the Council.

CHAPTER 18
THE COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE

216. The Commission on Human Rights and Administrative J ustice

There shall be established by an Act of Parliament’8 within six months after
Parliament first meets after the coming into force of this Constitution, 3 Commission on
Human Rights and Administrative Justice which shall consist of

(a) a Commissioner for Human Rights and Administrative Justice, and

(b) two Deputy Commissioners for Human Rights and Administrative Justice.

217. Appointment of members 01’ the Commission

The President shall appoint the members of the Commission under article 70 of this
Constitution.

218. Functions of the Commission

The functions of the Commission shall be defined and prescribed by an Act of
Parliament and shall include the duty to,

(a) investigate complaints of violatiuns of fundamental rights and freedoms,
injustice, corruption, abuse of power and unfair treatment of any person by
a public ofﬁcer in the exercise of his official duties;

(b) investigate complaints concerning the functioning of the Public Services
Commission, the administrative organs of the State, the Armed Forces, the
Police Service and the Prisons Service in so far as complaints relate to the
failure to achieve a balanced structuring of those services or equal access
by all to the recruitment of those services at fair administration in relation
to those services;

(c) investigate complaints concerning practices and actions by persons, private
enterprises and other institutions where those complaints allege violations
of fundamental rights and freedoms under this Constitution;

(4) take appropriate action to call for the remedying, correction and reversal of
instances Specified in paragraphs (a), (b) and (c) of this clause through such
means as are fair, proper and effective, including,

(i) negotiation and compromise between the parties concerned;

(ii) causing the complaint and its finding on it to be reported to the
superior of an offending person;

(iii) bringing proceedings in a competent court for a remedy to secure the
termination of the offending action or conduct, or the abandonment
or alteration of the offending procedure; and

18. See the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456).

(iv) bringing proceedings to restrain the enforcement of such legislation
or regulation by challenging its validity if the offending action or
conduct is sought to be justified by subordinate legislation or {egg
ulution which is unreasonable or otherwise ultra vires;

(e) investigate all instances of alleged or suspected corruption and the
misappropriation of public monies by officials and to take appropriate
steps, including reports to the Attorney—General and the Auditor-General,
resulting from such investigations;

(f) educate the public as to human rights and freedoms by such means as the
Commissioner may decide, including publications, lectures and symposia;
and

(g) report annually to Parliament on the performance of its functions.

219. Special powers of investigation

(1) The power of the Commission shall be defined by an Act of Parliament and shall
include the power to

(a) issue subpoenas requiring the attendance of any person before the
Commission and the production of any document or record relevant to any
investigation by the Commission;

(b) cause any person contemptuous of any such subpoena to be prosecuted
before a competent court;

((1) require any person to disclose truthfully and frankly any information within
his knowledge relevant to any investigation by the Commissioner.

(2) The Commissioner shall not investigate,
(a) a matter which is pending before a court orjudicial tribunal;

(b) a matter involving the relations or dealings with or between the Govern-
ment and any other Government or an international organisation; or

220. Regional and district branches of the Commission

An Act of Parliament enacted under article 216 of this Constitution shall provide for
the creation of regional and district branches of the Commission.

221. Qualiﬁcations of the Commissioner

A person shall not be qualified for appointment as a Commissioner or a Deputy
Commissioner for Human Rights and Administrative Justice, unless he is,

(a) in the case of a Commissioner, qualified for appointment as a Justice of the
Court of Appeal, and

(b) in the case of a Deputy Commissioner, qualified for appointment as a
Justice of the High Court.

222. Commissioners not to hold other public ofﬁce

The Commissioner and Deputy Commissioner shall not hold any other public office.

223. Terms and conditions of service of the Commissioner

(1) The Commissioner and Deputy Commissioner shall enjoy the terms and
conditions of service of a J ustice of the Court of Appeal and High Court respectively.

(2) The Commissioner and Deputy Commissioner shall cease to hold office on
attaining the ages of seventy and sixty—five years respectively.

224. Acting appointments

Where the Commissioner dies, resigns or is removed from office or is for any other
reason unable to perform the functions of his office, the President shall, acting in
consultation with the Council of State, appoint a person qualified to be appointed
Commissioner to perform those functions until the appointment of a new Commissionen

225. Independence of the 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 not in the performance of
their functions, be subject to the direction or control of any person or authority.

226. Appointment of staff

The appointment of officers and other employees of the Commission shall be made by
the Commission acting in consultation with the Public Services Commission

227. Expenses of the Commission charged on the Consolidated Fund

The administrative expenses of the Commission including salaries, allowances and
pensions payable to, or in respect of, persons sewing with the Commission, shall be
charged on the Consolidated Fund.

228. Removal of the Commissioners

The procedure for the removal of the Commissioner and Deputy Commissioners shall
be the same as that provided for the removal of a Justice of the Court of Appeal and a
Justice of the High Court respectively under this Constitution.

229. Initiation of legal proceedings

For the purposes of performing his functions under this Constitution and any other
law, the Commissioner may bring an action before any court in Ghana and may seek any
remedy which may be available from that court

230. Regulations

Subject to the provisions of this Constitution and to any Act of Parliament made
under this Chapter, the Commission shall make, by constitutional instrument, Regulations
regarding the manner and procedure for bringing complaints before it and the
investigation of such complaints.

CHAPTER 19
THE NATIONAL COMMISSION FOR CIVIC EDUCATION

231. Establishment of the National Commission for Civic Education

There shall be established by an Act of Parliament” within six months after
Parliament first meets after the coming into fotce of this Constitution, a National
Commission for Civic Education in this Chapter referred to as “the Commission”.

232. Membership of the Commission

(1) The Commission shall consist of a Chairman, two Deputy Chairmen and four
other members.

(2) Members of the Commission shall be appointed by the President acting on the
advice of the Council of State.

(3) Members of the Commission shall be persons who are qualified to be elected as
members of Parliament.

(4) Members of the Commission shall be persons who do not hold office in any
political party.
233. F unctions of the Commission

The functions of the Commission shall be,

(a) to create and sustain within the society the awareness of the principles and
objectives of this Constitution as the fundamental law of the people of
Ghana;

(1;) to educate and encourage the public to defend this Constitution at all times,
against all forms of abuse and violation;

(c) to formulate for the consideration of Government, from time to time,
programmes at the national, regional and district levels aimed at realising
the objectives of this Constitution;

(d) to formulate, implement and oversee programmes intended to inculcate in
the Citizen of Ghana awareness of their Civic responsibilities and an
appreciation of their rights and obligations as free people; and

(e) such other functions as Parliament may prescribe.

234. Independence of the 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.

l9. See the National Commission for Civic Education Act, 1993 (Act 452).

235. Terms and conditions of service of members of the Commission

(1) The Chairman of the Commission shall enjoy the same terms and conditions of
service as a Justice of the Court of Appeal, and a Deputy Chairman of the Commission
shall enjoy the same terms and conditions of service as a Justice of the High Court.

(2) The other members of the Commission shall hold ofﬁce on such terms and
conditions as may be approved by Parliament.

236. Removal of Chairman and Deputy Chairmen

The procedure for the removal of the Chairman or a Deputy Chairman from office
shall be the same as that provided for the removal of a Justice of the Court of Appeal and
a Justice of the High Court respectively under this Constitution.

237. Regional and district branches of the Commission

Parliament shall, by law, provide for the establishment of regional and district
branches of the Commission.

238. Appointment of staff

The officers and employees of the Commission shall be appointed by the Commission
acting in consultation with the Public Services Commission.

239. Expenses of the Commission charged on the Consolidated F und

The administrative expenses of the Commission, including salaries, allowances and
pensions payable to, ur in respect of, persons sewing with the Commission, shall be
charged on the Consolidated Fund.

CHAPTER 20
DECENTRALISATION AND LOCAL GOVERNMENT

240. Local government

(1) Ghana shall have a system of local government and administration which shall, as
far as practicable, be decentralised.

(2) The system of decentralised local government shall have the following features:

(a) Parliament shall enact appropriate laws to ensure that functions, powers,
responsibilities and resources are at all times transferred from the Central
Government to local government units in a coordinated manner;

(b) Parliament shall by law provide for the taking 01’ 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
localisation of those activities;

(c) there shall be established for each local government unit a sound financial
base with adequate and reliable sources of revenue;

(d) as far as practicable, persons in the service of local government shall be
subject to the effective control of local authorities;

(6) to ensure the accountability of local government authorities, people in
particular local government areas shall, as far as practicable, be afforded
the opportunity to participate effectively in their governance.

241. Districts of local government

(1) For the purposes of local government, Ghana shall be deemed to have been
divided into the districts in existence immediately before the coming into force of this
Constitution.

(2) Parliament may by law make provision for the redrawing of the boundaries of
districts or for reconstituting the districts.

(3) Subject to this Constitution, 3 District Assembly shall be the highest political
authority in the district, and shall have deliberative, legislative and executive powers.

242. Composition of District Assembly

A District Assembly shall consist of the fultowing members:

(a) one person from each local government electoral area within the district
elected by universal adult suffrage;

(b) the member or members of Parliament from the constituencies that fall
within the area of authority of the District Assembly as members without
the right to vote;

(6) the District Chief Executive of the district; and

(of) other members not being more than thirty percent of a]! the members of the
District Assembly, appointed by the President in consultation with the
traditional authorities and other interest groups in the district.

243. District Chief Executive

(1) There shall be a District Chief Executive for every district who shall be appointed
by the President with the prior approval of not less than two-thirds majority of the
members of the Assembly present and voting at the meeting.

(2) The District Chief Executive shall
(a) preside at meetings of the Executive Committee of the Assembly;

(b) be responsible for the day-to-day performance of the executive and
administrative functions of the District Assembly; and

(c) be the chief representative of the Central Government in the district.
(3) The office of District Chief Executive shall become vacant if,

(a) a vote of no confidence, supported by the votes of not less than two-thirds
of all the members of the District Assembly is passed against him;

(b) he is removed from office by the President; or

(6) he resigns or dies.

244. Presiding member

(1) The District Assembly shall have a presiding member who shall be elected by the
Assembly from among its members.

(2) The presiding member shall be elected by at least two-thirds majority of all the
members of the Assembly.

(3) The presiding member shall
(a) preside over the meetings of the Assembly, and
(b) perform such other functions as may be prescribed by law.

(4) Subject to clause (5) of this article, the term of office of the presiding member
shall be two years and he shall be eligible for re-election.

(5) The presiding member shall cease to hold office whenever the Assembly by
majority of at least two—thirds of all the members of the Assembly vote to remove him
from ofﬁce.

245. F unctions of District Assemblies

Parliament shall, by law, prescribe the functions of District Assemblies which shall
include

(a) the formulation and execution of plans, programmes and strategies for the
effective mobilisation of the resources necessary for the overall devel—
opment of the district; and

(b) the levying and collection of taxes, rates, duties and fees.

246. Term of the District Assembly

(1) Elections to the District Assemblies shall be held every four years except that
such elections and elections to Parliament shall be held at least six months apart.

(2) Unless he resigns or dies or prematurely 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.

247. Qualiﬁcations and procedures

Subject to this Constitution, the qualifications for membership of a District Assembly,
the procedures of a District Assembly and other local government units lower than a
District Assembly that may be created, shall be provided for by law‘

248. Political parties and candidates for election to local government units

(1) A candidate seeking election to a District Assembly or any lower local
government unit shall present himself to the electorate as an individual, and shall not use
any symbol associated with any political party.

(2) A political party shall not endorse, sponsor, offer a platform to or in any way
campaign for or against a candidate seeking election to a District Assembty or any lower
local government unit.

249. Revocation of mandate by electorate

Subject to any procedure established by law, the mandate of a member of a District
Assembly may be revoked by the electorate or the appointing body,

250. Emoluments of District Chief Executive and presiding member

(1) The emoluments of a District Chief Executive of a District Assembly shall be
determined by Parliament and shall be charged on the Consolidated Fund.

(2) The emoluments of a presiding member of a District Assembly and other
members of the Assembly shall be determined by the District Assembly and paid out of
the Assembly’s own resources.

25]. Executive Committee

(1) There shall be established an Executive Committee of a District Assembly which
shall be responsible for the performance of the executive and administrative functions of
the District Assembly.

(2) The composition of the Executive Committee and the procedure for its
deliberations shall he as provided for by law.

252. District Assemblies’ Common Fund and grants-in-aid
(1) There shall be a fund to be known as the District Assemblies’ Commdn 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 monies accruing to the District Assemblies in the Common Fund shall be
distributed among all the District Assemblies on the basis of a formula approved by
Parliament.

(4) There shall be appointed by the President with the approval of Parliament, a
District Assemblies’ Common Fund Administratort

(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.

254. Further decentralisation

Parliament shall enact laws and take steps necessary for further decentraiisation 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 decentralised
status, or otherwise contrary to law

255. Regional Coordinating Councils

(i) There shall be established a Regional Coordinating Council in each region, which
shall consist of

(a) the Regional Minister and his deputy or deputies,

(b) the presiding member and the District Chief Executive from each district in
the Region,

(d) the Regional Heads of the decentralised ministries in the region as
members without the right to vote.

(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.

256. Regional Ministers and Deputy Regional Ministers

(l) The President shall, with the prior approval of Parliament, appoint for each
region, a Minister of State who shall

(a) represent the President in the region, and

(b) be responsible for the coordination and direction of the administrative
machinery in the region.

(2) The President may, in consultation with the Minister of State for a region and
with the prior approval of Parliament, appoint for the region a Deputy Minister or Deputy
Ministers to perform such functions as the President may determine

CHAPTER 21
LANDS AND NATURAL RESOURCES

Public Lands

257. Public lands and other public property

(1) All public lands in Ghana shall be vested in the President on behalf of, and in
trust for, the people of Ghana.

(2) For the purposes of this article, and subject to clause (3) of this article, “public
lands” includes any land which, immediately before the coming into force of this
Constitution, was vested in the Government of Ghana on behalf of, and in trust for, the
people of Ghana for the public service of Ghana, and any other land acquired in the
public interest, for the purposes of the Government of Ghana before, on or after that date.

(3) For the avoidance of doubt, it is hereby declared that all lands in the Northern,
Upper East and Upper West Regions of Ghana which immediately before the coming into

force of this Constitution were vested in the Government of Ghana are not public lands
within the meaning of clauses (‘1) and (2) of this article.

(4) Subject to the provisions of this Constitution, all lands referred to in clause (3) of
this article shall vest in any person who was the owner of the land before the vesting, or
in the appropriate skin without further assurance than this clause.

(5) Clauses (3) and (4) of this article shall be without prejudice to the vesting by the
Government in itself of any land which is required in the public interest for public
purposes.

(6) Every mineral in its natural state in, under or upon any land in Ghana, rivers,
streams, water Courses throughout Ghana, the exclusive economic zone and any area
covered by the territoriai 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.

258. The Lands Commission

(1) There shall be established a Lands Commission which shall, in coordination with
the relevant public agencies and governmental bodies, perform the following functions:

(a) on behalfof the Government, manage public lands and any lands vested in
the President by this Constitution or by any other law or any lands vested in
the Commission;

(b) advise the Government, local authorities and traditional authorities on the
policy framework for the development of particular areas of Ghana to
ensure that the development of individual pieces of land is coordinated
with the relevant development plan for the area concerned;

(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.

259. Membership of the Commission

The Lands Commission shall consist of the following persons appointed by the
President under article 70 of this Constitution:

(a) a chairman, who is neither a Minister of State nor a Deputy Minister,

(b) one representative each of the following bodies nominated in each case by
the body concerned,

(i) the National House of Chiefs,
(ii) the Ghana Bar Association,

(iii) the Ghana Institution of Surveyors,
(iv) each Regional Lands Commission,
(v) the Department responsible for Town and Country Planning,
(vi) the National Association of Farmers and Fishermen,

(vii) the Environmental Protection Council, and

(viii) the Ministry responsible for Lands and Natural Resources, and

utive Secretary.

260. Regional Lands Commission

(1) The Lands Commission shall have a branch in each region to be known as a
Regional Lands Commission for the performance of the functions specified in article 258
of this Constitution in respect of the region.

(2) The activities 01. all the Regional Lands Commissions shall be coordinated by the
Lands Commission.

261. Membership of Regional Lands Commission

A Regional Land Commission shall consist of the following persons appointed by the
Minister responsible for Lands and Natural Resources:

((1) a chairman who is neither a Minister of State nor a Deputy Minister,

(1)) a representative each of the following bodies in each case nominated by the
body concerned,

(i) the Regional House of Chiefs,
(ii) each District Assembly within the region,
(iii) the Department responsible for Town and Country and Planning,
(c) a nominee of the Ghana Bar Association practising in the region,
(d) a nominee of the Ghana Institution of Surveyors practising in the region,
(e) the National Association of Farmers and Fishermen, and
(f) the Regional Lands Officeri

262. Regional Lands Ofﬁcer
(1) A Regional Lands Commission shall have a Regional Lands Officer.

(2) The Regional Lands Officer shall be a member of, and secretary to, the Regional
Lands Commission.

263. Qualiﬁcations of members

A person shall not be qualified for appointment as a member of the Lands
Commission or of a Regional Lands Commission other than the Executive Secretary and
the Regional Lands Officer unless he is qualified to be a member of Parliament, except
that for the avoidance of doubt, a person shall not be disqualified to be a member under
this article by reason only of his being a public officer.

264. Tenure of ofﬁce of members of the 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
reappointment.

(2) The office of the Chairman or a member of the Lands Commission 0r of a
Regional Lands Commission other than the Executive Secretary and the Regional Lands
Officer shall become vacant if

(a) he ceases to hold office under clause (1) of this article;

(b) any Circumstance arises that would cause him to be disqualified for
appointment under article 263 of this Constitution;

(c) he is removed from office by the President or, in the case of a member of a
Regional Lands Commission, by the Minister responsible for Lands and
Natural Resources for inability to perform the functions of his office or for
stated misbehaviour.

265. Independence of the Lands Commission

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.

Ownership afLand by non—Citizens

266. Ownership of land by non-citizens

(1) No interest in, or right over, any land in Ghana shall be Created which vests in a
person who is not a citizen of Ghana a freehold interest in any land in Ghana.

(2) An agreement, deed or conveyance of whatever nature, which seeks, contrary to
clause (1) of this article, to confer on a person who is a not a citizen of Ghana any
freehold interest in, or right over, any land is void.

(3) Where, on the twenty-second day of August. 1969, any person not being a citizen
of Ghana had a freehold interest in or right over any land in Ghana, that interest in 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 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 yeats commencing from the
twenty-second day 01’ August, 1969.

Stool and Skin Lands and Property

267. Stool and skin lands and property

(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in
trust for, the subjects of the stool in accordance with customary law and usage.

(2) There shall be established the Office of the Administrator of Stool Lands which
shall be responsible for

(a) the establishment of a stool land account for each stool into which shall be
paid all rents, dues, royalties, revenues or other payments whether in the
nature ofincome 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.

(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;

(b) twenty percent to the traditional authority; and

(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 coordinate
with all relevant public agencies and traditional authorities and stools in preparing a
policy framework for the rational and productive development and management of stool
lands.

(9) Parliament may provide for the establishment of Regional branches of the Office
of the Administrator of Stool lands to perform, subject to the directions of the
Administrator of Stool Lands, the functions of the Administrator in the region concerned.

Pratectin g Natural Resources

268. Parliamentary ratiﬁcation of agreements relating to natural resources

(1) Any transaction, contract or undertaking involving the grant of a right or
concession by or on behalf of any person including the Government of Ghana, to any
other person or body of persons howsoever described, for the exploitation of any mineral,
water or other natural resource of Ghana made or entered into after the coming into force
of this Constitution shall be subject to ratification by Parliament.

(2) Parliament may, by resolution supported by the votes of not less than two~thirds
of all the members of Partiament, exempt from the provisions of clause (1) of this article
any particular class of transactions, contracts or undertakings.

269. The Natural Resources Commission

(1) Subject to the provisions of this Constitution, Parliament shall, by or under an Act
of Parliament,” provide for the establishment, within six months after Parliament first
meets after the coming into force of this Constitution, of a Minerals Commission, a
Forestry Commission. Fisheries Commission and such other commissions a5 Parliament
may determine, which shall be responsible for the regulation and management of the
utilisation of the natural resources concerned and the coordination of the policies in
relation to them.

(2) Notwithstanding article 268 of this Constitution, Parliament may, upon the
recommendation of any of the Commissions established by virtue of clause (1) of this
article, and upon such conditions as Parliament may prescribe, authorise any other agency
of Government to approve the grant of rights, concessions or contract in respect of the
exploitation of any mineral, water or other natural resource of Ghana.

CHAPTER 22
CHIEFTAINCY

270. The Institution of Chieftaincy

(1) The institution of chieftaincy, together with its traditional councils established by
customary law and usage, is hereby guaranteed.

(2) Parliament shall have no power to enact any law which

(a) confers on any person or authority the right to accord or withdraw
recognition to or from a chief for any purpose whatsoever, 0r

20. See the Minerals Commission Act, 1993 (Act 450), the Fishing Commission Act. 1993 (Act 457) and the
Forestry Commission Act, 1999 (Act 571).

(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) 0r (2) of this article if the law makes provision for,

(a) the determination, in accordance with the appropriate customary law and
usage, by a traditional council, a Regional House of Chiefs or the National
House of Chiefs or a Chieftaincy Committee of any of them, of the validity
of the nomination, election, selection, installation or deposition of a person
as a chief;

(b) a traditional council or a Regional House of Chiefs or the National House
of Chiefs to establish and operate a procedure for the registration of chiefs
and the public notification in the Gazette or otherwise of the status of
persons as chiefs in Ghana.

27!. The National House of Chiefs
(1) There shall be a National House of Chiefs.

(2) The House of Chiefs of each region shall elect as members of the National House
of Chiefs five paramount chiefs from the region.

(3) Where in a region there are fewe: 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.

272. Functions of the National House of Chiefs
The National House of Chiefs shall

(a) advise any person or authority charged with any responsibility under this
Constitution or any other law for any matter relating to or affecting
chieftaincy;

(b) undertake the progressive study, interpretation and codification of
customary law with a view to evolving, in appropriate cases, a unified
system of rules of customary law, and compiling the customary laws and
lines of succession applicable to each stool or skin;

(c) undertake an evaluation of traditional customs and usages with a view to
eliminating those customs and usages that are outmoded and socially
harmful;

(d) perform such other functions, not being inconsistent with any function
assigned to the House of Chiefs of a region, as Parliament may refer to it.

273. Jurisdiction of the National House of Chiefs

(1) The National House of Chiefs shall have appellate jurisdiction in any cause or
matter affecting chieflaincy which has been determined by the Regional House of Chiefs
in a region, from which appellate jurisdiction there shall be an appeal to the Supreme
Court, with the leave of the National House of Chiefs, or the Supreme Court.

(3) A person shall not be appointed a sole Commissioner or the Chairman of a
commission of inquiry under this article untess he is

(a) a Justice of the Superior Court of Judicature;

(b) a person qualified to be appointed a Justice of the Superior Court of
Judicature;

(d) a person who possesses special qualifications or knowledge in respect of
the matter being investigated.

(4) Subject to clause (3) of this article. where a commission of inquiry appointed
under clause (1) of this article consists of more than two Commissioners, other than the
Chairman, at least one of them shall be a person who possesses special qualifications or
knowledge in respect of the matter being investigated.

279. Powers of commission of inquiry

(1) A commission of inquiry shall have the powers, rights and privileges of the High
Court or a Justice of the High Court at a trial in respect of

(a) enforcing the attendance of witnesses and examining them on oath,
affirmation or otherwise,

(b) compelling the production of documents, and

(2) A sole Commissioner or a member of a commission of inquiry shall not be liable
to any action or suit in respect of any matter or thing done by him in the performance of
his functions as a Commissioner or member.

280. Functions of commission of inquiry
(1) A commission of inquiry shall
(a) make a full, faithful and impartial inquiry into any matter specified in the
instrument of appointment,
(b) report in writing the result of the inquiry, and
(c) furnish in the report the reasons leading to the conclusions stated in the
report.

(2) Where a commission of inquiry makes an adverse ﬁnding against any person, the
report of the Commission of inquiry shall, for the purposes of this Constitution, be
deemed to be the judgment of the High Court and accordingly, an appeal shall lie as of
right from the finding of the Commission to the Court of Appeal.

(3) The President shall, subject to clause (4) of this article, cause to be published the
report of a commission of inquiry together with the White Papeir on it within six months
after the date of the submission of the report by the Commission.

(4) Where the report of a commission of inquiry is not to be published, the President
shall issue a statement to that effect giving reasons why the report is not to be published.

(5) A finding of a commission of inquiry shall not have the effect of a judgment of
the High Court as provided under clause (2) of this article, unless

(a) six months have passed after the finding is made and announced to the
public, or

(b) the Government issues a statement in the Gazette and in the national media
that it does not intend to issue a White Paper on the report of the
commission ,

whichever is the earlier.

(6) The right of appeal conferred by clause (2) of this article on a person against
whom a finding has been made, shall be exercisable within three months after the
concurrence of either ef 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.

281. Inquiry procedure

(1) Except as may be otherwise ordered by the Commission in the interest of public
morality, public safety or public order, the proceedings of a commission of inquiry shall
be held in public.

(2) Subject to the provisions of this Chapter, the Rules of Court Committee
established under article 157 of this Constitution shall, by constitutional instrument, make
rules regulating the practice and procedure of all commissions of inquiry and for appeals
from commissions of inquiry.

282. Assistance by lawyer or other expert
(1) A person whose conduct is the subject of inquiry by a commission of inquiry, or
who may, in any way be implicated 0r concerned in the matter under inquiry, is entitled

to be represented by a lawyer at the inquiry and any other person who may consider it
desirable that he should be represented by a lawyer, shall be allowed to be so represented.

(2) A person referred to in clause (1) of this article may also be assisted by such other
expert as may be reasonably necessary for the purpose of protecting his interests at the
inquiry.

283. Immunities and privileges of witnesses

A witness before a commission of inquiry is entitled to the same immunities and
privileges as if he were a witness before the High Court,

CHAPTER 24
CODE OF CONDUCT FOR PUBLIC OFFICERS

284. Conﬂict of interest

A public officer shall not put himself in a position where his personal interest
conﬂicts or is likely to conﬂict with the performance of the functions of his office.

285. Other public appointments

A person shat] not be appointed or act as the Chairman of the governing body of a
public corporation or authority while he holds a position in the service of that corporation
or authority.

286. Declaration of assets and liabilities

(l) A person who holds a public office mentioned in clause (5) of this article shall
submit to the Auditor-General a written declaration of 31] property or assets owned by, or
liabilities owed by him whether directly or indirectly,

(a) within three months after the coming into force of this Constitution or
before taking office, as the case may be,

(b) at the end of every four years, and

(2) Failure to declare or knowingly making a ‘false declaration shall be a
contravention of this Constitution and shall be dealt with in accordance with article 287
of this Constitution.

(3) The declaration made under clause (1) of this article shall, on demand, be
produced in evidence

(a) before a court of competent jurisdiction;

(b) before a commission of inquiry appointed under article 278 of this
Constitution; or

(4) Any property or assets acquired by a public officer after the initial declaration
required by Clause (1) of this article and which is not reasonably attributable to income,
gift, loan, inheritance or any other reasonable source shall be deemed to have been
acquired in contravention of this Constitution.

(5) The public ofﬁces to which the provisions of this article apply are those of
(a) the President of the Republic;
(b) the Vice—President 0fthe Republic;
(c) the Speaker, the Deputy Speaker and a member of Parliament;
(d) the Minister of State or Deputy Minister;

(e) the Chief Justice, Justice of the Superior Court of Judicature, Chairman of a
Regional Tribunal, the Commissioner for Human Rights and Admin—
istrative J ustice and his deputies and all judicial officers;

(1‘) the Ambassador or High Commissioner;
(3) the Secretary to the Cabinet;

(h) the Head of Ministry or government department or equivalent office in the
Civil Service;

(i) the chairman, managing director, general manager and departmental head
of a public corporation or company in which the State has a controlling
interest; and

(i) such officers in the public service and any other public institution as
Parliament may prescribe.

(6) The Auditor-Genera] 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.

287. Complaints of contravention

(1) An allegation that a public officer has contravened or has not complied with a
provision of this Chapter shall be made to the Commissioner for Human Rights and
Administrative Justice and, in the case of the Commissioner for Human Rights and
Administrative Justice, to the Chief Justice who shall, unless the person concerned makes
a written admission of the contravention or non-compliance, cause the matter to be
investigated.

(2) The Commissioner for Human Rights and Administrative Justice or the Chief
J ustiee 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

[n this Chapter, unless the context otherwise requires, “public ofﬁcer” means a
person who holds a public ofﬁce.

CHAPTER 25
AMENDMENT OF THE CONSTITUTION

289. Amendment of the Constitution

(1) Subject to the provisions of this Constitution, Parliament may, by an Act of
Parliament, amend any provision of this Constitution.

(2) This Constitution shall not be amended by an Act of Parliament or altered
whether directly or indirectly unless

(a) the sole purpose of the Act is to amend this Constitution, and

(b) the Act has been passed in accordance with this Chapter.

290. Amendment of entrenched provisions

(1) This article applies to the amendment of the following provisions of this
Constitution, which are, in this Constitution referred to as “entrenched provisions”:

(:1) The Constitution: articles 1, 2 and 3;

(b) the Territories of Ghana: articles 4 and 5;

(t0 Fundamental Human Rights and Freedoms: Chapter 5;

(6) Representation of the People: articles 42, 43, 46, 49, 55 and 56;
(f) the Executive: Chapter 8’.

(g) the Legislature: articles 93 and 106;

(h) the Judiciary: articles 125, 127, 129, 145 and 146;

(1′) Freedom and Independence of the Media: article 162, clauses (1) t0 (5);
(1′) Finance: articles 174 and 187;

(k) Police Service: article 200;

(I) the Armed Forces of Ghana: article 210;

(m) Commission 011 Human Rights and Administrative Justice: articles 216
and 225;

(II) National Commission for Civic Education: article 231;

(0) Decentralisation and Local Government: articles 240 and 252;
(p) Chieftaincy: article 270;

(q) Code of Conduct for Public Officers: article 286;

(r) Amendment of the Constitution: Chapter 25; and

(3) Miscellaneous: articles 293 and 2991

(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.

291. Amendment of non-entrenched provisions

(1) A Bill to amend a provision of this Constitution which is not an entrenched
provision shall not be introduced into Parliament unless

(a) it has been published twice in the Gazette with the second publication
being made at least three months after the ﬁrst, and

(b) at least ten days have passed after the second publication.

(2) The Speaker shall, after the first reading of the Bill inParliament, refer it to the
Council of State for consideration and advice and the Council of State shall render advice
on the Bill within thirty days after receiving it_

(3) Where Parliament approves the Bill, it may only be presented to the President for
his assent if it was approved at the second and third readings of it in Parliament by the
votes of at least two thirds of all the members of Parliament.

(4) Where the Bill has been passed in accordance with this article, the President shall
assent to it.

292. Certiﬁcate of compliance with Constitution

A Bill for the amendment of this Constitution which has been passed in accordance
with this Constitution, shall be assented to by the President only if

(a) it is accompanied by a certificate from the Speaker that the provisions of
this Constitution have been complied with in relation to it, and

(b) in the case of a Bill to amend an entrenched provision, it is accompanied by
a certificate from the Electoral Commission, signed by the Chairman of the
Commission and bearing the seal of the Commission, that the Bill was
approved at a referendum in accordance with this Chapter.

CHAPTER 26
MISCELLANEOUS

293. Claims against Government

(1) Where a person has a claim against the Government, that claim may be enforced
as of right by proceedings taken against the Government for that purpose without the
grant of a fiat or the use of the process known as petition of right.

(2) The Government shall be subject to all those liabilities in tort to which, if it were
a private person of full age and capacity, it would be Subject,

(a) in respect of torts committed by its employees or agents;

(b) in respect of a breach of duties which a person owes to his employees or
agent at common law or under any other law by reason of being their
employer; and

(3) N0 proceedings shall lie against the Government by virtue of paragraph (a) of
clause (2) of this article in respect of an act or omission of an employee or agent of the
Government unless the act or omission would, apart from this article, have given rise to a
cause of action in tort against that employee or his estate.

(4) Where the Government is bound by a statutory duty which is binding also upon
persons other than the Government and its officers, the Government shall, in respect of a
failure to comply with that duty, be subject to all liabilities in tort to which it would be so
subject if the Government were a private person of full age and capacity.

(5) Where functions are conferred or imposed on an officer of the Government as
such officer either by a rule of the common law or by Statute and that officer commits a
tort while performing or purporting to perform those functions, the liabilities of the
Government in respect of the tort shall be what they would have been if the functions had
been conferred 0r imposed solely by virtue of instructions lawfully given by the
Government

(6) N0 proceedings shall lie against the Government by virtue of this article in
respectof

(at) anything done or omitted to be done by any person while discharging or
purporting to discharge responsibilities of a judicial nature vested in him;
or

(b) any act, neglect or default of an officer of the Government unless that
officer,

(i) has been directly or indirectly appointed by the Government and
was, at the material time, paid in respect of his duties as an officer of
the Government wholly out of public funds or out of monies
provided by Parliament; or

(ii) was, at the material time, holding an office in respect of which the
Public Services Commission certiﬁes that the holder of that office
would normally be so paid.

(7) Where the Government is subject to a liability by virtue of this article, the law
relating to indemnity and contribution shall be enforceable

(a) against the Government by an employee of the Government who is acting
in the proper execution of his duties in respect of the liability or by any
other person in respect of the liability to which that person is subject, or

(b) by the Government against any person other than an employee of the
Government, in respect of the liability to which it is so subject,

as if the Government were a private person of full age and capacity.

294. Legal aid

(1) For the purposes of enforcing any provision of this Constitution, a person is
entitled to legal aid in connection with any proceedings relating to this Constitution if he
has reasonable grounds for taking, defending, prosecuting or being a party to the
proceedings.

(2) Subject to clause (1) of this article, Parliament shall, by or under an Act of
Parliament, regulate the grant of legal aid.

(3) Without prejudice to clause (2) of this article, Parliament may, under that Clause
provide for the granting of legal aid in such matters other than those referred to in
clause (1) of this article as may be prescribed by or under that Act.

(4) For the purposes of this article, legal aid shall consist of representation by a
lawyer, including all such assistance as is given by a lawyer, in the steps preliminary or
incidental to any proceedings or arriving at or giving effect to a compromise to avoid or
to bring to an end any proceedings.

295. Interpretation

(1) In this Constitution, unless the context otherwise requires,
“Act of Parliament” includes an Act enacted by Parliament and an Ordinance;
“article” means an article of this Constitution;
“chief” has the meaning assigned to it in article 277 of this Constitution;
“Civil Service” includes service in both central and local governments;
“commission of inquiry” includes a committee of inquiry;

“constitutional instrument” means an instrument made under a power conferred
by this Constitution;

“court” includes a court of competent jurisdiction established by or under the
authority of this Constitution and a tribunal;

“Decree” includes a Decree made by the National Liberation Council, the
National Redemption Council, the Supreme Military Council or the Armed Forces
Revolutionary Council or under its authority and any statutory instrument made under
the authority of any such Decree;

“District Assembly” includes a Metropolitan and a Municipal Assembly;

“enactment” means an Act of Parliament, a Decree, a Law or a constitutional
instrument or a statutory instrument or any provision of an Act of Parliament, a
Decree, a Law or of a constitutional or of a statutory instrument;

“entrenched provision” has the meaning assigned to it in article 290 of this
Constitution;

“functions” includes powers and duties;

“Government” means an authority by which the executive authority of Ghana is
duly exercised;

“high crime” means high crime within the meaning of article 2 of this
Constitution;

“high treason” means high treason within the meaning of article 3 of this
Constitution;

“judgment” includes a decision, an order or decree of the Court;

“meeting” includes a period during which Parliament is meeting continuaily
within a session;

“Minister” means a Minister appointed under article 78 or 256 of this
Constitution;

“oath” includes an affirmation;

“Oath of Allegiance” means the Oath of Allegiance specified in the Second
Schedule to this Constitution;

“paramount chief” means a person who has been nominated, elected and
installed as a paramount chief in accordance with customary law and usage;

“public corporation” means a corporation or any other body of persons
established by an Act of Parliament or set up out of funds provided by Parliament or
other public funds;

“public interest” includes any right or advantage which enures or is intended to
ensure t0 the benefit generally of the whole of the people of Ghana;

“public office” includes an office the emoluments attached to which are paid
directly from the Consolidated Fund at directly out of monies provided by Parliament
and an office in a public corporation established entirely out of public funds or
monies provided by Parliament;

“public service” includes service in any civil office of Government, the
emoluments attached to which are paid directiy from the Consolidated Fund or
directly out of monies provided by Parliament and service with a public corporation;

“retiring awards” includes pension and gratuity;

“Rules of Court Committee” means the Rules of Court Committee established
by article 157 of this Constitution;

“Service Chiefs” includes Army Chief of Staff, Chief of Naval Staff and Chief of
Air Staff;

“session” means a series of meetings of Parliament within a period of twelve
months;

“sitting” includes a period during which Parliament is sitting continuously
without adjournment and a period during which it is in committee;

“statutory instrument” means an instrument made, whether directly or
indirectly, under a power conferred by an Act of Parliament or a Decree or a Law;

“stool” includes a skin, and the person or body of persons having control over
skin land;

“stool land” includes any land or interest in, or right over, any land controlled by
a stool or skin, the head of a particular community or the captain of a company, for
the benefit of the subjects of that stool or the members of that community or
company;

“treason” means treason as defined in article 19 of this Constitution.
(2) In this Constitution and in any other law,

(a) a reference to the holder of an office by the term designating his office,
shall, unless the context otherwise requires, be construed as including a
reference to a person for the time being lawfully acting in or performing
the functions of that office;

(b) references to the power to remove a public officer from his ofﬁce shall be
construed, subject to clause (4) of this article, as including reference to a
power conferred by any law to require or permit that officer to retire from
the public service.

(3) Nothing in paragraph (b) of Clause (2) of this article shall be construed as
conferring on any person or authority power to require a Justice of the Superior Court of
Judicature or the Auditor-General to retire from the public service.

(4) A power conferred by a law to permit a person to retire from the public service
shall, in the case of a public officer who may be removed from office by some person or
authority, other than a commission established by this Constitution, vest in the President
acting in accordance with the advice of the appropriate authority.

(5) For the purposes of this Constitution and any other law, a person shall not be
considered as holding a public office by reason only of the fact that he is in receipt of a
pension or other similar allowance in respect of service under the Government of Ghana.

(6) A provision in this Constitution that vests in a person or authority a power to
remove a public officer from his office, shall be without prejudice to the power of any
person or authority to abolish an office or to a law for compulsory retirement of public
officers generally or any class of public officers on attaining the age specified in the law.

(7) Where power is vested by this Constitution in any person or authority to appoint a
person to act in or perform the functions of an office if the holder of the office is unable
to perform those functions, the appointment shall not be called in question on the ground
that the holder of the office could have performed those functions.

(8) No provision of this Constitution 0r of any other law to the effect that a person or
authority shall not be subject to the direction or control of any other person or authority in
the performance of any functions under this Constitution or that law, shall preclude a
court from exercising jurisdiction in relation to any question whether that person or
authority has performed those functions in accordance with this Constitution or the law.

(9) In this Constitution references to the alteration of any of the provisions of this
Constitution or of an Act of Parliament include references to the amendment,
modification, re-enactment with amendment or modification, the suspension or repeal of
that provision and the making of a different provision in place of that provision.

296. Exercise of discretionary power

Where in this Constitution or in any other law discretionary power is vested in any
person or authority,

(a) that discretionary power shall be deemed to imply a duty to be fair and
candid;

(b) the exercise of the discretionary power shall not be arbitrary, capricious 0r
biased either by resentment, prejudice or personal dislike and shall be in
accordance with due process of law; and

(C)

where the person or authority is not a Justice 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.

297. Implied power

In this Constitution and in any other law,

(a) the power to appoint a person to hold or to act in an office in the public
service shall include the power to confirm appointments, to exercise
disciplinary control over persons holding 01′ acting in any such office and to
remove those persons from office;

(b) where a power is conferred or a duty is imposed, the power may be
exercised and the duty shall be performed from time to time, as occasion
requires;

(C) where a power is given to a person or authority to do or enforce the doing
of an act or a thing, all such powers shall be deemed to be also given as
necessary to enable that person or authority to do or enforce the doing of
the act or thing;

(d) where a power is conferred to make any constitutional or statutory
instrument, Regulations or Rules or to pass any resolution or give any
direction, the power shall be construed as including the power, exercisable
in the same manner, to amend or to revoke the constitutional or statutory
instrument, Regulations, Rules or resolution or direction as the case may
be;

(E) words importing male persons include female persons and corporations;

(f) words in the singular include the plural, and words in the plural include the
singular;

(g) where a word is defined. other parts of speech and tenses of that word have
corresponding meanings;

(h) words directing or empowering a public officer to do any act or thing, or
otherwise applying to him by the designation of his office, include his
successors in office and all his deputies and all other assistants;

(i) words directing or empowering a Minister of State to do an act or a thing,
or otherwise applying to him by the designation of his office, include a
person acting for him, or if the office is vacant, a person designated to act
in that office by 0: under the authority of an Act of Parliament and also his
successors in office and all his deputies or other assistants;

(j) where a power is conferred or a duty is imposed on the holder of an office
as such, the power may be exercised and the duty shall be performed by the
person for the time being charged with the performance of the functions of
that office.

298. Residual powers of Parliament

Subject to the provisions of Chapter 25 of this Constitution, where on any matter
whether arising out of this Constitution or otherwise, there is no provision, express or by
necessary implication of this Constitution which deals with the matter that has arisen,
Parliament shall, by an Act of Parliament, not being inconsistent with any provision of
this Constitution, provide for that matter to be dealt with.

299. Transitional provisions

The transitional provisions specified in the First Schedule to this Constitution shall
have effect notwithstanding anything to the contrary in this Constitution.

SCHEDULES

FIRST SCHEDULE

Transitional Provisions
PART i

First President

1. First President

(1) Notwithstanding anything in this Constitution, the person duly elected President of
Ghana under the law in force immediately before the coming into force of this Constitution
shall be taken to have been duly elected for the purposes of this Constitution.

(2) The President referred to in subsection (1) of this section shall assume office as
President on the date of the coming into force of this Constitution notwithstanding anything in
this Constitution.

PART II

First Parliament

2. First Parliament

(1) Notwithstanding anything in this Constitution, the persons duly elected as members
of Parliament under the law in force immediately before the coming into force of this
Constitution, shall be taken to have been duly elected members of Parliament for the purposes
of this Constitution.

(2) The person who was Clerk of the Consultative Assembly or such other public officer
as the Provisional National Defence Council may designate, shall, notwithstanding anything
to the contrary in this Constitution, act as Clerk to Parliament until a clerk is appointed under
article 124 of this Constitution.

(3) The person who was Clerk of the Consultative Assembly established under the
Consultative Assembly Law, 1991 (P,N.D.C.L. 253) or other person designated under
subsection (2) of this section shall, not later than seven days after the coming into force of this
Constitution, summon a meeting of Parliament for the election of the Speaker, the taking of
oaths by members of Parliament, the swearing in of the President and the approval of
Ministers of State and Deputy Ministers for appointment under this Constitution.

(4) For the avoidance of doubt, any notice given before the coming into force of this
Constitution summoning Parliament to meet for the purposes of subsection (3) of this section,
shall be deemed to be a valid notice for all purposes.

(5) The Standing Orders of the Parliament under the Constitution of the Republic of
Ghana, 1979 shall apply to the proceedings of Parliament until Parliament otherwise
determines under article 110 of this Constitution.

PART III
Thetludiciary

3. Functions of Superior Courts of J udicature

(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 he proceeded with and
compieted in that court notwithstanding anything in this Constitution.

4. Continuance of appointment of J ustices of the Superior Courts

(1) A Justice of the Supreme Court, the Conn of Appeal at 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.

5. Continuance in existence of Public Tribunals Board for six months

The Public Tribunals Board shall cease to exist within six months after the coming into
force of this Constitution and its functions, assets and liabilities are transferred to the Judicial
Council.

6. Parliament to prescribe jurisdiction 01′ Regional Tribunals and establish lower courts
and tribunals
Parliament shall, within six months after the coming into force of this Constitution,

(a) prescribe by law the jurisdiction of Regional Tribunals for the purposes of
article 143 of this Constitution; and

(b) establish lower courts or tribunals for the purposes of article 126 of this
Constitution.
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 01 this Constitution, may be continued and completed before that
public tribunal:

(a) the National Public Tribunal;
(1)) Regional Public Tribunals;

(6) District Public Tribunals; and
(d) Community Public Tribunals.

(2) All cases partly heard before any Circuit Court, District Court Grade I or District
Court Grade [1 immediately before the coming into force of this Constitution may be
continued and completed before that court.

(3) The National Public Tribunal shall cease to exist upon completion of the partly heard
cases referred to in subsection (1) of this section, or within six months after the coming into
force of this Constitution, whichever is earlier.

(4) All cases other than those referred to in subsection (1) of this section pending before
the National Public Tribunal immediately before the coming into force of this Constitution,
shall he transferred to such court or tribunal as the Chief Justice may direct.

(5) A 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 Iaw 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 a period of service shall, notwithstanding the provisions of subsection (1) of this
section, vacate his office at the expiration of that period.

(3) This section shall be without prejudice to any powers conferred by or under this
Censtitution 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 conditions of service relating to
retiring awards as he enjoyed immediately before the coming into force of this Constitution,
and accordingly, nothing in this Constitution or in this Schedule shall adversely affect the
conditions of service of any such person.

(7) The terms and conditions of service of a person to whom subsection (1) of this
section applies shall not be less favourable than those applicable to him immediately before
the coming into force of this Constitution.

9. Certain appointments to be made within six months after President assumes ofﬁce

The first appointments to the following offices shall be made within six months after the
President assumes office,

(a) the Commissioner for Human Rights and Administrative J ustice and his
deputies;
(b) the District Assemblies Common Fund Administrator;
(1:) the Chairman, the Deputy Chairmen and members of the Electoral Commission;
(d) the chairmen and ether members of,
(i) the National Council for Higher Education howsoever described;
(ii) the National Media Commission; and
(iii) the National Commission for Civic Education.

10. Public corporations

Until Parliament enacts an Act of Parliament in accordance with article 192 of this
Constitution for the establishment or operation of a public corporation, 3 public corporation in
existence immediately before the coming into force of this Constitution shal| continue its
operations under the enactment under which it was established.

1]. Ofﬁce of Ombudsman

The office of the Ombudsman in existence immediately before the coming into force of
this Constitution shall, until the President appoints the Commission 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.

12. Cases pending before ORC, NIC and SHAPIC

Notwithstanding anything in this Constitution to the contrary, all cases pending before
the Office of Revenue Commissioners (O.R.C.) established under the Revenue
Commissioners Law, 1984 (P.N.DiCiL. 8(1), the National investigations Committee
established under the National Investigations Committee (N.I.C.) Law, 1982 (P.N,D.C.L. 2)
and the State Houses (Allocation Policy and implementation) Commission (SiH.A.P.i.C.)
established under the State Houses (Allocation and Policy and Implementation) Commission
Law, 1984 (P.N.D.C.L. 83) in existence immediately before the coming into force of this
Constitution may be proceeded with and completed by that Commission or Committee, until
the submission of its reports or until it is otherwise dissolved in accordance with law.

13. Age for social security pension

Notwithstanding article 199 of this Constitution, a person is not entitled to receive
pension under the Social Security Scheme under the Social Security Law, I991
(P.N.D,C.L. 247) before attaining the age of fifty-five years unless Parliament by law
otherwise determines.

14. Existing commissions and cummittees of inquiry

(‘1) Notwithstanding anything in this Constitution to the contrary any commission or
committee of inquiry in existence immediately before the coming into force of this
Constitution, may continue in existence until the submission of its report or until it is
otherwise dissolved in accordance with law.

(2) For the avoidance of doubt, the report and findings of a commission or committee 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 or committee of inquiry
established under this Constitution.

5. Pending matters

Where any matter or thing has been commenced before the coming into force of this
Constitution by a person or authority that has power for the purpose under the existing law,
that matter or thing may be carried on and completed by the person or authority having power
for the purpose after the coming into force of this Constitution, and it shall not be necessary
for the person or authority to commence the matter or thing afresh.

16. Ofﬁcial seals, etc.

The Presidential seat, 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.

17. Prerogative of mercy

The prerogative of mercy of the President under article 72 of this Constitution may be
exercised in respect of any criminal offence committed before the coming into force of this
Constitution as it may in reSpeCt of criminal offence committed thereafter.

[8. Consolidated Fund and Contingency Fund to continue

(1) The Consolidated Fund and the Contingency Fund in existence immediately before
the coming into force of this Constitution, shall, until otherwise provided by law, continue in
existence as the Consolidated Fund and the Contingency Fund referred to in article 175 of this
Constitution.

(2) Subject to this Constitution, every payment required or authorised to be made into a
public fund or out of a public fund under any enactment in force immediately before the
coming into force of this Constitution shall continue to be made into or out of that fund.

19. Estimates for current ﬁnancial year to continue to have effect

Notwithstanding any law to the contrary, the financial estimates in operation for the
financial year in being at the coming into force of this Constitution shall, until provision is
otherwise made by Act of Parliament, continue and shall have full effect

20. Payment and saving of rights under former Constitutions and laws

All compensations, pensions, gratuities and similar allowances granted in accordance
with the provisions of any Constitution or any other law formerly in force in Ghana and which
were payable immediately before the coming into force of this Constitution, shall,
notwithstanding the abrogation or repeal of any such Constitution or law, as the case may be,
continue to be payable and are charged on the Consolidated Fund.

21. Enactments not yet in force

Where immediately before the coming into force of this Constitution any existing
enactment had not been brought into force or was to come into force on a date subsequent to
such coming into force, the enactment may be brought into force in accordance with its terms,
or shall come into force upon such subsequent date, as the case may be

22. Register of voters and Electoral Commission

(1) The register of voters for public elections and referenda in existence immediately
before the coming into force of this Constitution shall, on the coming into force of this
Constitution, have effect as if it was complied under this Constitution.

(2) Subject to this Constitution, the Interim National Electoral Commission in existence
immediately before the coming into force of this Constitution shall, on the coming into force
of this Constitution and until the President appoints the members of the Electoral Commission
under section 9 of this Schedule, exercise the functions and powers provided for the Electoral
Commission in this Constitution

23. District Assemblies, etc., continued in existence subject to the Constitution

(1) Until Parliament otherwise provides by law, existing laws regulating the operation of
District Assemblies and other local authorities shall continue to regulate their operations.

(2) Until Parliament establishes the District Assemines Common Fund in accordance
with article 252 of this Constitution, all taxes and other monies collected exclusively for
District Assemblies shall continue to be collected exclusively for District Assemblies under
the enactments under which they were collected.

24. Houses of Chiefs, etc.

The National House of Chiefs, the Regional Houses of Chiefs, the Traditional Councils
and all Judicial Committees of those bodies in existence immediately before the coming into
force of this Constitution shall, on the coming into force of this Constitution, continue in
existence subject to this Constitution,

25. Consequential amendments to Oaths Decree, 1972 (N.R.C.D. 6)

The Oaths Decree, 1972 (N.R.C.D. 6), as amended, shall have effect subject to the
provisions of this Constitution.
26. General adaptation of existing enactments

Except where the context otherwise required and subject to the other provisions of this
Part, in at] enactments in existence immediately before the coming into force of this
Constitution,

(0) for any reference to the Provisional National Defence Council there shall be
substituted a reference to the Cabinet;

(b) for any reference to the Secretary to the Provisional National Defence Council
where the reference relates to the functions normally performed by the Secretary
to the Cabinet the reference shail be a reference to the Secretary to the Cabinet;

(c) any reference to the Secretary to the Committee of Secretaries shall be a
reference to the Head of the Civil Service;

((1) for any reference to a Secretary, being an individual of ministerial rank, there
shall be substituted 3 reference to a Minister;

(6) for any reference to a Member of the Provisional National Defence Council
responsible for any subject or department of State there shall be substituted 3
reference to the Minister responsible for that subject or department of State.

27. Chief of Defence Staff to include General Ofﬁcer Commanding

In this Constitution, any reference to the Chief of Defence Staff shall be deemed to
include any person who holds or held the office of General Officer Commanding.
28. Reference to Government in enactments

(1) A reference to the Government in an enactment in existence immediately before the
coming into force of this Constitution, where the reference relates to a legislative function
normally performed by Parliament or a National Assembly shall be construed as a reference to
Parliament.

(2) A reference to the Government in an enactment in existence immediately before the
coming into force of this Constitution, where the reference relates to an executive function of
the Government, shall be construed as a reference to the President.

29. References to Provisional National Defence Council in enactments

(1) A reference to the Provisional National Defence Council in any enactment in
existence immediately before the coming into force of this Constitution, where the reference
was originally a reference to the President, shall be construed as a reference to the President.

(2) A reference to the Provisional National Defence Council in any enactment in
existence immediately before the coming into force of this Constitution, where the reference
relates to a legislative function normally performed by the Parliament or a National Assembly
shall be construed as a reference to Parliament.

(3) A reference to the Provisional National Defence Council in any enactment in
existence immediately before the coming into force of this Constitution, where the reference
relates to an executive function of the Council shall be construed as a reference to the
President.

(4) A reference to the Provisional National Defence Council in any enactment in
existence immediately before the coming into force of this Constitution, where the reference
relates to the making of a statutory instrument, shall be construed as a reference to the
President or to any Minister or authority designated by the President.

30. Modiﬁcations of existing laws by the President

The First President under this Constitution may, at any time within twelve months after
assuming office as President, by constitutional instrument, make such provision as may appear
necessary for repealing, modifying, adding to or adapting any law for bringing it into accord
with the provisions of this Constitution or otherwise for giving effect to this Constitution.

31. Continuation of effect of matters prescribed by existing law

(1) Where any matter that falls to be prescribed or otherwise provided for under this
Constitution by Parliament or by any other authority or person or is otherwise lawfully
prescribed or provided for immediately before the coming into force of this Constitution, that
prescription or provision shall, as from the coming into force of this Constitution, have effect
with such modifications, adaptations, qualifications and exceptions as may be necessary to
bring it into conformity with this Constitution as if made under this Constitution by
Parliament or, as the case may be, by the other authority or person.

(2) For the avoidance of doubt, and without prejudice to the general effect of
subsection (1) of this section, where anything is required or authorised by this Constitution
to be prescribed or provided for by or under an Act of Parliament, it shall be deemed to be
duly prescribed or provided for, if it has been prescribed or provided for by or under an Act,
Decree, or a law in force immediately before the coming into force of this Constitution

32. Succession to property

(1) Subject to the provisions of articles 257 and 258 of this Constitution, all properties
and assets which immediately before the coming into force of this Constitution were vested in
any authority or person for the purposes of, or in right of, the Government of Ghana or in the
Government of Ghana, shall, on the coming into force of this Constitution, without further
assurance than this section, vest in the President.

(2) Any property which was liable, immediately before the coming into force of this
Constitution, to 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) fur the President of Ghana under the Constitution that was abrogated on the 3 [st
December, 1981; or

(b) for the Provisional National Defence Council or the Government of Ghana; or

(c) 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) [n 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 3lst day of
December, 1981, for an interest which extends beyond the 30th day of December, 1981 and
has not been surrendered.

33. Devolution of other rights and liabilities
Subject to section 32 of this Schedule,

(a) where under an existing law, a right, prerogative, power, privilege or function is
vested in the Provisional National Defence Council, that right, prerogative,
power, privilege or function shall, on the coming into force of this Constitution,
vest in the President or such other person or authority as is specified under this
Constitution who, subject to the provisions of this Constitution or any other law,
may do all things necessary for its exercise or performance; and

(b) any right, power, privilege, obligation, liability, duty or function vested in, or
subsisting against the Government of Ghana by or under an existing law shall
continue to so vest or subsist.

34. Indemnity

(1) No member of the Provisional National Defence Council, the Provisional National
Defence Council Secretary, or other appointees of the Provisional National Defence Council
shall be held liable either jointly or severally, for any act or omission during the
administration of the Provisional National Defence Council.

(2) It is not lawful for any court or tribunal to entertain any action or take any decision
or make any order or grant any remedy or relief in any proceedings instituted against the
Government of Ghana or any person acting under the authority of the Government of Ghana
whether before or after the coming into force of this Constitution or against any person 01‘
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;

(b) the suspension or abrogation otthe Constitutions of 1960, 1969 and 1979;

(c) the establishment of the National Liberation Council, the National Redemption
Council, the Supreme Military Council which took ofﬁce on the ninth day of
October, 1975, the Supreme Military Council established on the fifth day of
July, 1978, the Armed Forces Revolutionary Councii, or the Provisional National
Defence Council; or

(d) the establishment of this Constitution.

(3) For the avoidance of doubt, it is declared that no executive, legislative or judicial
actiun taken or purported to have been taken by the Provisional National Defence Council or
the Armed Forces Revolutionary Council or a member of the Provisional National Defence
Council or by any person appointed by the Provisional National Defence Council or the
Armed Forces Revolutionary Council in the name of either the Provisional National Defence
Council or the Armed Forces Revolutionary Council shall be questioned in any proceedings
whatsoever and, accordingly, it shall not be lawful for any court or other tribunal to make any
order or grant any remedy 0r relief in respect of any such act.

(4) The provisions of subsection (3) of this section shall have effect notwithstanding that
any such action as is referred to in that subsection was not taken in accordance with any
procedure 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 the a
member of the Provisional National Defence Council or Armed Forces Revolutionary Council
and alleged to be in contravention of any law, whether substantive 0r procedural, in existence
before and during the administration of the Provisional National Defence Council or the
Armed Forces Revolutionary Council.

35. Preservation of conﬁscation and penalties imposed by A.F.R.C. and P.N.D.C.

(1) Subject to subsection (2) of this section, any confiscation of any property and any
other penalties imposed by (it under the authority of the Armed Forces Revolutionary Council
(A.F.R.C.) and the Provisional National Defence Council (P.N.D.C.) 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.

36. Abrogation 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
(P.N.D.C.L. 42) shall cease to have effect.

(2) Notwithstanding the abrogation of the Proclamation referred to in subsection (1) of
this section, any enactment or rule of law in force immediately before the coming into force of
this Constitution shall, in so far as it is not inconsistent with a provision of this Constitution,
continue in force as if enacted, issued, or made under the authority of this Constitution.

37. Sections not to be amended

Notwithstanding anything in Chapter 25 of this Constitution, Parliament shall have no
power to amend this section or sections 34 and 35 of this Schedule.

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