WHAT IS CITIZENSHIP?
A citizen is a member of a country, either by birth, adoption, marriage, registration or naturalization.
The citizenship act 2000, Act 591
A person born before 1957 is a citizen if born in Ghana and either parent or grandparent is a Ghanaian or born outside Ghana and either of parents is Ghanaian. Also the members of the commonwealth are considered citizens, thus members of the British colonies.
A person born after 1957 but b4 22 august 1969 is a citizen if born in or outside Ghana and either of parents or grand or great grandparents is a naturalized Ghanaian. Also with naturalization, either of parents must be naturalized Ghanaians or born outside and all of parents being naturalized Ghanaians.
A person is a citizen by birth if born after 1969 but before 24 September 1979, when born in Ghana or born outside and either of parents is a Ghanaian.
A person born after 1979 but before 7th January 1993 if born in Ghana and either parents or grandparents are Ghanaians or born outside and either of parents are Ghanaians.
There is provision for those who are citizens before the coming into force of this constitution to remain as such. Thus as in the 1979 constitution a citizenship by birth is where born in or outside Ghana and either of parents or grandparents are Ghanaians. Where fondling is where a person below the age of 7 found in Ghana whose parents are unknown and is perceived to be a Ghanaian. Also with adoption of a child less than the age of 16 years whose parents are unknown becomes a citizen by birth.
With naturalization, an application is made to the minister satisfaction by the president that the person is not convicted of any crime, has the development of the country at heart, and understands an indigenous language and being a man who is ready to reside permanently and has remained here for 5 years.
Also with marriage, the man must be permanent resident in the country for 5 years, understand a language and a child born out of the marriage remains a citizen even after the dissolution of the marriage until he or she or the man resigns his citizenship.
The attorney general has the right to move to court to question the citizenship status of any person when it becomes questionable. And the laws of Ghana allow for dual citizenship. A dual person must renounce his other citizenship by the age of 21 to still continue being a Ghanaian citizen. A person who is registered as a citizen must take and subscribe to an oath and his citizen takes effect from the day date that he takes the oath which is the date on the certificate and not when the certificate is handed over to the person. Where a person has dual citizenship and upon dissolution of the other citizenship, or he marries a foreigner where he has to take the citizenship of that country and the marriage is dissolved, he or she automatically becomes a Ghanaian. A person having dual citizenship must not use both passports interchangeably else it amounts to a crime against the state.
The immigration act 2000 Act 571
A foreigner who enters the country must be checked by the immigration officer for a valid visa and passport and is given a date to leave a country. This is different from the person being a member of the ECOWAS or where the person has been granted permit by the president a refugee or a group of crew
As in the cases below the citizenship of these parties are questioned by the courts.
CAPTAN V ATTORNEY GENERAL…only citizens enjoy immunity to deportation acts.
LARDAN V ATTORNEY GENERAL…plaintiffs to leave the country and whiles the case was still pending, parliament made a move to pass a new law to cancel all pending cases which seeks injunction and this was the end of the whole show and the plaintiffs had no right to question.
BILSON V ATTORNEY GENERAL…president Rawlins citizenship is question that he cannot contest elections since he had dual citizenship and he had to renounce the other citizenship by the age of 21 so as to continue as still a Ghanaian citizen.
SHALABI V ATTORNEY GENERAL…the citizenship status of a person cannot be repealed where a previous law is repealed. Thus the citizenship status of a person cannot be denied whether repeal or no repeal.
WHAT ARE THE RIGHTS AND DUTIES OF A CITIZEN?
The right of citizens have been enshrined and made fundamental per the title of
Chapter 5 of the 1992 constitution
Every person has the right to liberty and self dignity and free and fair trial. Everyone is entitled to compensation after the confiscation of his or her property by the government. In summary, we all have the social, economic and political fundamental rights as we remain citizens of the state.
These rights as found in the preamble are enforceable by the High courts which have the original jurisdiction in human rights issues as found in article 33. These rights are independent of the three organs of government as a result the National Media Commission has been made independent of the three organs of government.
We have the right to life, property, liberty, dignity, slavery and forced labour, discrimination, fair trial, fundamental freedoms, education cultural rights.
The criminal code 1960 Act 29
There is provision in its sections that the publication of obscene materials at public places is against the law and any such act amounts to a crime which is punishable by the state. A person who aids in the perpetuation of the above also commits a crime. Any display of any obscene material with diseases of sexual intercourse in public without the consent of the minister of health is an offence punishable against the person by the courts. Whether for sale or advertisement are all against the state and is a petty crime punishable by fine of imprisonment.
The public order act 1994 Act 491
Any person who has the will to hold any public event must seek the approval of the police 5 days before the event. The police shall be the directors of the event and in case of any destruction it will be borne by the organizers of the program. A police officer may arrest any person who faults in the above restrictions.
In the cases below the rights of citizens are in away safeguarded in the cases below
CHRISTIE V LEACHINSKY…. An officer can only arrest a person on warrant or without warrant in case he informs the person why he is being convicted else the person may charge for false imprisonment. Thus the person is entitled to his freedom but where it is general for the person to know of the charge the officer may not inform him but arrest him without warrant.
A-G V OTU; A-G V KWAPONG…the witness are at liberty to remain silent and not to answer any question posed to them where there find it to be dangerous to answer, they have their freedom of speech.
REPUBLIC V LIBERTY PRESS LTD….the freedom of speech is limited in cases where comments inimical to the security of the state are made on cases presently, pending or ongoing before a court. Liberty press must therefore desist else next time they wouldn’t be spared. It is the judiciary who determines the freedoms of the citizens by protecting them in the courts.
WEREDUWAA V WENKYIWAA…where there are insults which amounts to slander, it will be unfair for the courts to measure the intensity of one’s insult at the detriment of the other and charge the other for damages but it must be considered that these insult were made out of heat but where false statements are made, then the aggrieved party may be entitled to the relief sought at customary law.
NKRUMAH & ANOR V MANU…calling a person a slave cannot be said to constitute an actionable offence of insult since they were all made in a heated argument which the common law doesn’t provide for, but for conscience, equity and good governance.
NPP V GBC…plaintiff claim for their right to fair and equal rights as the minister of finance to comment on the budget of the president which is the talk of the country
NPP V IGP…plaintiff claim for their right to demonstration without permit from the police officer
The habeas corpus act 1964 Act 244
Habeas corpus is an application which can be made in a court for the release of a detained person unlawfully for the reason for his detention to be investigated. This is made in the High Court and the body detaining the person will be liable to produce document and reason for the detention of such person and refusal of such order may be appealed against to the court of appeal by a leave. Where the documents are found to be inconsistent then the person shall be ordered to be released with compensation from the body ordering his detention.
In the cases below the application for habeas corpus is sought
EX PARTE QUAYE MENSAH…a person who has been detained by an order of detention by the executive cannot be questioned by the courts. Thus the refusal of the High Court was valid and we the court of appeal hereby refuses such request for the application of the habeas corpus.
EX PARTE IBRAHIM ALIAS TELLEY…the detention of the person without hearing was inconsistent and in excess of the powers of the police. Thus after the arrest the plaintiff should have faced trail to explain himself before his conviction. He is therefore to be released.
EX PARTE NAAWU III…there was the burden of prove to be centered on the person seeking for the detention of the person to prove the liability of that person to be at fault and therefore be entitled to suffer the detention. Where the case involves the state, the attorney general must prove.