Act 527

THE FI VI:' HUNDRED AND TWENTY -SEVENTH

ACT
Of THE PARLIAMEN'I OF THE REPUBLIC 01- GHANA

ENTITIXD

THE CONSTITUTION OF THE REPUBLIC OF GHANA

(AMENDMENT) ACT, 1996

AN ACI w amend the Constitution orthe Republic of Ghana.

111
DATE OF ASSENT: /6 Decemher, /996

HI. IT ENACTED h) Parliament as follows-·

Article 8 of the Constitution substituted

"Dual citizenship

I. Article" of the Constitution is repealed and the following inserted -

8 (I) A citizen of Ghana may hold the citizenship of any other country
in addition to his citizenship or Ghana
(2) Without prejudice to article 94 (2) tal of the Constitution. no
citizen or Ghana shall qualify to be appointed as a holder of" an) office
specified in this clause if" he holds the citizenship of" any other count!")
in addition to his citizenship of Ghana -
(0) Ambassador or High Commissioner:
(h) Secretal"\' to the Cahinet;
(el Chief ot'Dcfencc Stall or am Service Chief:
(d) Inspector-General of Police:"
Ie) Commissioner. Customs, Excise and Preventive Service:
Act 527 Constitution of the Republic of Ghana (Amendment) Act, 1996 Constitution ofthe Republic of Ghana (Amendment) Act, 1996 Act 527

(j) Director ofImmigration Service; and Article 114 of the Constitution amended.
(g) any office specified by an Act of Parliament. 4. Article 1 14 of the Constitution is repealed and the following
3. Where the law of a country requires a person who marries inserted ­
a citizen of that country to renounce the citizenship of his own Country "Gratuities for members of Parliament".
by virtue of that marriage, a citizen of Ghana who is deprived of his 114. A person who has served as a member of Parliament for any period
citizenship of Ghana by virtue of that marriage shall, on the dissolution of time shall, on his death or on ceasing to be a member of Parliament
of that marriage, become a citizen of Ghana". in any circumstance, other than where he becomes disqualified as a
member of Parliament or where he vacates his office under article 97
Article 9 of the Constitution amended. (1) (c) or (d), be eligible for the payment to his personal representatives
2. Article 9 of the Constitution is amended by the repeal of clause (5) or to him of such gratuity proportionate to his period of service as shall
thereof and the insertion of the following­ be determined by the President, acting in consultation with the Committee
"(5) Parliament may make provision by Act of Parliament for­ referred to in article 71 of this Constitution. "
(a) the renunciation by any person of his citizenship of
Ghana; Article 166 of the Constitution amended.
(b) the circumstances in which a person may acquire 5. Article 166 of the Constitution is amended as follows­
citizenship of Ghana or cease to be a citizen of Ghana" (a) by the insertion after sub-paragraph (viii) of paragraph
(a) of clause (I) of the following­
Artide.1U of the Constitution amended.
3. 112 of the Constitution is amended by the repeal of clause "(ix) the National Council on Women and Development;
(S) aDd the insertion of the following­ (x) the Trade Unions Congress;
' . Whenever a vacancy occurs in Parliament, the Clerk of (xi) the Association of Private Broadcasters";
Parliament shall notify the Electoral Commission in (b) by the substitution for "fifteen" in clause (I) of
writing within seven days after becoming aware that the "eighteen";
vacancy has occurred; and a by-election shall be held (c) by the insertion after clause 2 of the following­
within thirty days after the vacancy occurred except that "(3) A person who is a founding member of a political
where the vacancy occurred through the death of a party, is a leader or a member of its executive or holds
member, the by-election shall be held within sixty days any office in a political party shall not be qualified
after the occurrence of the vacancy". to be a member of the Commission".

Article 199 of the Constitution amended.

6. Article 199 of the Constitution is amended by the insertion after
clause (3) of the following­
"(4) Notwithstanding clause (I) of this article, a public
officer who has retired from the public service after

2 3
Act 527 Constitution of the Republic of Ghana (Amendment) Act, 1996

attaining the age of sixty years may, where the

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

Article 201 of the Constitution amended.

7. Article 201 of the Constitution is amended by the repeal of paragraph
(aJ and the insertion of the following paragraph­ REPUBLIC OF GHANA
"(aJ a chairman who shall be appointed by the President
acting in consultation with the Council of State";

Article 206 of the Constitution amended.

8. Article 206 of the constitution is amended by the repeal of paragraph CONSTITUTION
(aJ and the insertion of the following paragraph­
"(aJ a chairman who shall be appointed by the President
acting in consultation with the Council of State;. OF THE
Article 211 of the Constitution amended.
9. Article 211 of the Constitution is amended by the repeal of paragraph
(aJ and the insertion of the following paragraph­ REPUBLIC
"(aJ a chairman who shall be the President or his
nominee";
OF

Date of Gazette notification: 3 1 December, 1 996

GHANA

1992

4
 Composition of Parliament 66
THE PREAMBLE
Procedure in Parliament 71
CHAPTER Summoning, Dissolution, etc 76
I. THE CONSTITUTION Privileges and Immunities 78
2. TERRITORIES OF GHANA 4
Contempt of Parliament 80
3. CITIZENSHIP 6
The Parliamentary Service 81
4. THE LAWS OF GHANA 9
11. THEJUDICIARY 82
5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 11
General 82
General 11
The Supreme Court 84
Emergency Powers 27
The Court of Appeal 87
Protection of Rights by the Courts 30
The High Court 89
6. THE DIRECTIVE PRINCIPLES OF STATE POLICY 31
Regional Tribunals 90
7. REPRESENTATION OF THE PEOPLE 38
Appointment, retirement and removal of
Right to Vote 38
Justices of Superior Courts and Chairmen
Electoral Commission 38
and other members of Regional Tribunals. 91
Political Parties 42
Appointment, retirement and removal
8. THE EXECUTIVE 45
of Judicial Officers 95
The President 45
The Judicial Council 96
International Relations 55
Miscellaneous 98
The Cabinet 56
.·",�V." AND INDEPENDENCE OF THE MEDIA 101
The National Security Council 58
\ 05
National Development Plannin g Commission 59
105
The Attomey- General 61
Statistical Service 1 12
9. THE COUNCIL OF STATE 62 The Auditor-General 1 12
The Audit Service 1 14

ii
1 5 . THE POLICE SERVICE 1 20 First Schedule Transitional Provisions 171
16. THE PRISONS SERVICE 123 Part I First President 171
1 7. GHANA ARMED FORCES OF GHANA 1 27 Part II First Parliament 171
1 8 . COMMISSION ON HUMAN RIGHTS AND Part III The Judiciary 1 72
ADMINISTRATIVE JUSTICE 1 30 Part IV Miscellaneous 1 74
1 9. NATIONAL COMMISSION FOR CIVIC Second Schedule 1 85
EDUCATION 135 Oaths 1 85
20. DECENTRALIZATION AND LOCAL
GOVERNMENT 1 37
2 1 . LANDS AND NATURAL RESOURCES 143
Public Lands 143
Lands Commission 1 43
Ownership of land by Non-Citizens 147
Stool and Skin Lands and Property 147

Protecting Natural Resources 1 49

22: CHIEFTAINCY 1 50

23. COMMISSIONS OF INQUIRY 154

24. CODE OF CONDUCT FOR PUBLIC OFFICERS 157

25 AMENDMENT OF THE CONSTITUTION 1 60

26 MISCELLANEOUS 1 63

iii iv
 THE LAWS OF GHANA
ARRANGEMENT OF ARTICLES
II. The Laws of Ghana 9

CHAPTER ONE
CHAPTER FIVE
THE CONSTITUTION
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Article
General
1 . Supremacy of the Constitution
1 2. Protection of Fundamental Human Rights and Freedoms II
2. Enforcement of the Constitution
2 1 3. Protection of Right to Life II
3. Defence of the Constitution
14. Protection of Personal Liberty 12
1 5. Respect for Human Dignity 13
CHAPTER TWO
1 6. Protection from Slavery and Forced Labour 14
TERRITORIES OF GHANA

4 1 7. Equality and Freedom from Discrimination 14

4. Territories of Ghana

4 18. Protection of Privacy of Horne and Other Property IS

5. Creation, Alteration or Merger of Regions
19. Fair Trial IS
20. Protection from Deprivation of Property 19
CHAPTER THREE
2 1 . General Fundamental Freedoms 21
CITIZENSHIP
22. Property Rights of Spouses 23
6. Citizenship of Ghana 6
23. Administrative Justice 23
7. Persons entitled to be registered as Citizens 6
24. Economic Rights 23
8. Dual Citizenship 7
25. Educational Rights 24
9. Citizenship Laws by Parliament 7
26. Cultural Rights and Practices 24
1 0. Interpretation 8
27. Women's Rights 25
28. Children's Rights 25
29. Rights of Disabled Persons 26
30. Rights of the Sick 26

v
3 1 . Emergency Powers 27 46. Independence of the Commission
39
32. Persons detained under Emergency Law 28 47. Constituencies
39
48. Appeals from Decisions of Commission
40
Protection ofRights by the Courts 49. Voting at Election and Referenda
40
33. Protection of Rights by the Courts 30 50. Election of Candidates
41
5 1 . Regulation for Election and Referenda
41
CHAPTER SIX 52. Regional and District Representatives of
Commission 41
THE DIRECTIVE PRINCIPLES OF STATE POLICY 53. Appointment of Staff of Commission
42
34. Implementation of Directive Principles 31 54. Expenses of Commission charged on Conso
lidated Fund 42
35. Political Objectives 31
36. Economic Objectives 32
Political Parties
37. Social Objectives 34 55. Organization of Political Parties
42
38. Educational Objectives 35 56. Restriction of certain Propaganda
44
39. Cultural Objectives 35
40. International Relations 36
CHAPTER EIGHT
4 1 . Duties of a Citizen 36
THE EXECUTIVE
The President
CHAPTER SEVEN 57. The President of Ghana
45
REPRESENTATION OF THE PEOPLE 58. Executive Authority of Ghana
45
Right to Vote 59. Absence from Ghana
46
42. Right to Vote 38 60. The Vice- President and Succession to the Presidency
46
43. Electoral Commission 38 6 1 . Public and Presidential Seals
47
44. Qualifications, Terms and Conditions of Service 62. Qualifications of President
47
of Members of Electoral Commission 38
45. Functions of Electoral Commission 39

vii viii
64. Challenging Election of President 49 83. The National Security Council 58
65. Presidential Election Regulations 50 84. Functions of the National Security Council 59
66. Term of Office of President 50 85. Establishment of Security Services 59
67. Presidential Messages 50
68. Conditions of Office of President 50 National Development Planning Commission
69. Removal of President 51 86. National Development Planning Commission 59
70. Appointments by President 53 87. Functions of National Development Planning Commission 60
71. Determination o f certain Emoluments 54
72. Prerogative of Mercy 55 The Attorney-General

88. The Attorney-General 61

International Relations

73. International Relations 55

CHAPTER NINE
74. Diplomatic Representation 55
THE COUNCIL OF STATE
75. Execution of Treaties 56

89. The Council of State 62

The Cabinet 90. Consideration of Bills by the Council of State 63
76. The Cabinet 56 9 1 . Other Functions of the Council 63
77. Meetings of the Cabinet 56 92. Meetings of Council of State 64
78. Ministers of State 56
79. Deputy Ministers 57
80. Oaths 57
8 1 . Tenure of Office of Ministers, etc. 57
82. Vote of Censure 57

IX

X
 THE LEGISLATURE 1 12. Sessions of Parliament 76
Composition ofParliament 1 13. Dissolution of Parliament 77
93. The Parliament of Ghana 66 1 14. Gratuities for Members of Parliament 77
94. Qualifications and Eligibility 66
95. The Speaker 68 Privileges and Immunities

96. Deputy Speakers 69 1 1 5. Freedom of Speech and of Proceedings 78

97. Tenure of Office of Members 69 1 16. Immunity from Proceedings for Acts in Parliament 78
98. Emoluments of Members 70 1 17. Immunity from Service of Process and Arrest 79
99. Determination of Membership 70 1 1 8. Immunity from Witness Summons 79
1 19. Immunity from Service as Juror 79
Procedure in Parliament 120. Immunity for Publication of Proceedings 79
100. Oath of Members 71 1 2 1 . Privileges of Witnesses 79
1 0 1 . Presiding in Parliament 71
102. Quorum in Parliament 71 Contempt of Parliament

1 03. Committees of Parliament 71 122. General Contempt 80

104. Voting in Parliament 72 123. Criminal Proceedings 81
105. Unqualified Person Sitting or Voting 72
106. Mode of Exercising Legislative Power 72 The Parliamentary Service

107. Retroactive Legislation 74 124. The Parliamentary Service 81

1 08. Settlement of Financial Matters 75
109. Professional Organisations 75
1 1 0. Standing Orders of Parliament 75
I I I . Attendance in Parliament of Vice- President and
Ministers 76

Xl xii
 THE JUDICIARY 139. Composition of High Court and Qualifications
General of its Justices 89
125. The Judicial Power of Ghana &2 140. Jurisdiction of the High Court 89
126. Composition and Mode or Exercise of Power 141. Supervisory Jurisdiction of the High Court 90
of Judiciary 82
127. Independence of the Judiciary 83 Regional Tribunals

142. Establishment and Composition of Regional Tribunals

The Supreme Court and Qualifications of Chairmen and other

128. Composition and Mode of Exercise of Power Panel Members 90

of Judiciary 84 143. Jurisdiction of Regional Tribunals 91
129. General Jurisdiction of Supreme Court 84
130. Original Jurisdiction of Supreme Court 85 Appointment, Retirement and Removal ofJustices

131. Appellate Jurisdiction of Supreme Court 85 ofSuperior Courts and Chairmen and other Members

132. Supervisory Jurisdiction of Supreme Court 86 ofRegional Tribunals

133. Power of Supreme Court to Review its Decisions 86 144. Appointment of Justices of Superior Courts and
134. Powers ofa Single Justice of Supreme Court 86 Chairmen and other Members of Regional Tribunals 91
135. Production of Official Documents in Court 87 145. Retirement and Resignation of Justices of the Superior
Courts and Chairmen of Regional Tribunals 93
The Court ofAppeal 146. Removal of Justices of Superior Courts and Chairmen
136. Composition of Court of Appeal and Qualifications of Regional Tribunals 93
of its Justices 87 147. Service Conditions and Removal of Panel Members
137. Jurisdiction of Court of Appeal 88 of Regional Tribunal other than the Chairman 95
138. Powers of a Single Justice of Court of Appeal 88

xiii xiv
148. Appointment ofJudicial Officers 95 Fundamental Human Rights 102
149. Conditions of Service of Judicial Officers 95 166. National Media Commission 102
ISO. Retirement and Resignation ofJudicial Officers 95 167. Functions of the Commission 102
lSI. Removal ofJudicial Officers 96 168. Appointment of Board Members of State-owned Media 103
152. Appointment, Allowances and Removal of Lower 169. Appointment of editors 103
Court or Tribunal Panel Members 96 170. Staff of Commission 103
171. Expenses of Commission charged on Consolidated
The Judicial Council Fund 103
153. Judicial Council 96 172. Independence of Commission 104
154. Functions of Judicial Council 97 173. Independence ofJournalists 104

Miscellaneous CHAPTER THIRTEEN

ISS. Retiring Awards of Superior CourtJustices 98 FINANCE

156. Judicial Oath 98 General

157. Rules of Court 99 174. Taxation 105

158. Other Officers and Employees of Courts 99 175. Public Funds of Ghana 105
159. Regulations by ChiefJustice 100 176. The Consolidated Fund lOS
160. Fees of the Courts to form part of Consolidated Fund 100 177. Contingency Fund 106
161. Interpretation 100 178. Withdrawal from Public Funds, etc 106
179. Authorisation of Expenditure 107
CHAPTER TWELVE 180. Expenditure in Advance of Appropriation 108
FREEDOM AND INDEPENDENCE OF THE MEDIA 181. Loans 108
162. Freedom and Responsibility of the Media 101 182. Public Debt 110
163. Responsibility of State-owned Media 101 183. The Central Bank 110
164. Limitation on Rights and Freedoms 101 184. Foreign Exchange Dealings III

xv xvi
185. Statistical Service III THE POLICE SERVICE
186. Statistical Service Board 112 200. The Police Service 120
201. The Police Council 120
The Auditor-General 202. The Inspector-General of Police and Appointment of
187. The Auditor-General 112 Members of Police Service 120
203. Functions of the Police Council 121
The Audit Service 204. Regional Police Committees 121
188. The Audit Service 114
189. The Audit Service Board 114 CHAPTER SIXTEEN

THE PRISONS SERVICE

CHAPTER FOURTEEN 205. The Prisons Service 123
THE PUBLIC SERVICES 206. The Prisons Service Council 123
190. The Public Services of Ghana 116 207. Director-General of Prisons Service and
191. Protection of Public Officers 117 Appointment of Members of Service 123
192. Establishment of Public Corporations 117 208. Functions of Prisons Service Council 124
193. Head of the Civil Service 117 209. Regional Prisons Committees 125
194. The Public Services Commission 117
195. Appointments, etc. of Public Officers 118 CHAPTER SEVENTEEN
196. Other Functions of the Public Services THE ARMED FORCES OF GHANA
Commission 118 210. Armed Forces of Ghana 127
197. Regulations 119 211. Armed Forces Council 127
198. Independence of Commission 119 2 12. Appointments 127
199. Retiring Age and Pension 119 2 13. The Chief of Defence Staff 128
214. Functions of Armed Forces Council 128
215. Delegation of Functions 129

xvii xviii
COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE Commission 136
JUSTICE 236. Removal of Chairman and Deputy Chairmen 136
216. Commission on Human Rights and Administrative 237. Regional and District Branches of Commission 136
Justice 130 238. Appointment of Staff 136
217. Appointment of Members of Commission 130 239. Expenses of Commission charged on Consolidated Fund 136
218. Functions of Commission 130
219. Special Powers of Investigation 131 CHAPTER TWENTY
220. Regional and District Branches of Commission 132 DECENTRALIZATION AND LOCAL GOVERNMENT

221. Qualifications of Commissioners 132 240. Local Government 137

222. Commissioners not to hold other Public Office 132 241. Districts of Local Government 137
223. Terms and Conditions of Service of Commission 133 242. Composition of District Assembly 138
224. Acting Appointments 133 243. District Chief Executive 138
225. Independence of Commission and Commissioners 133 244. Presiding Member 139
226. Appointment of Staff 133 245. Functions of District Assemblies 139
227. Expenses of Commission charged on Consolidated Fund 133 246. Term of District Assembly 139
228. Removal of Commissioners 133 247. QualifICations and Procedures 140
229. Initiation of Legal Proceedings 134 248. Political Parties and Candidates for Election to
230. Regulations 134 Local Government Units 140
249. Revocation of Mandate by Electorate 140
CHAPTER NINETEEN 250. Emoluments of District Chief Executive and Presiding
NATIONAL COMMISSION FOR CIVIC EDUCATION Member 140
231. Establishment of National Commission for Civic Education 135 251. Executive Committee 140
232. Membership of Commission 135 >
252. District Assemblies Common Fund and Grants-in-Aid 141
233. Functions of Commission 135 2B. Audit 141
234. Independence of Commission 136 254. Further Decentralization 141

xix xx
256. Regional Ministers and Deputy Regional Ministers 142 CHIEFTAINCY

270. Institution of Chieftaincy 150

CHAPTER TWENTY-ONE 271. National House of Chiefs 150
LANDS AND NATURAL RESOURCES 272. Functions of the National House of Chiefs 151
Public Lands 273. Jurisdiction of the National House of Chiefs 151
257. Public Lands and other Public Property 143 274. Regional House of Chiefs 152
258. Lands Commission 143 275. Disqualification of Convicted Persons 153
259. Membership of Commission 144 276. Chiefs not to take part in Active Party Politics 153
260. Regional Lands Commission 145 277. Definition of Chief 153
261. Membership of Regional Lands Commission 145
262. Regional Lands Officer 146 CHAPTER TWENTY-THREE
263. Qualifications of Members 146 COMMISSIONS OF INQUIRY

264. Tenure of Office of Members of Commission 146 278. Appointment of Commission ofInquiry 154
265. Independence of Lands Commission 146 279. Powers of Commission of Inquiry 155
280. Functions of Commission ofInquiry 155
Ownership ofLand by Non-Citizens 281. Inquiry Procedure 156
266. Ownership of Land by Non-Citizens 147 282. Assistance by Lawyer or Other Expert 156
283. Immunities and Privileges of Witnesses 156
Stool and Skin Lands and Property

267. Stool and Skin Lands and Property 147 CHAPTER TWENTY-FOUR
CODE OF CONDUCT FOR PUBLIC OFFICERS

Protecting Natural Resources 157

268. Parliamentary Ratification of Agreements Relating to 157
Natural Resources 149 286. Declaration of Assets and Liabilities 157
269. Natural Resources Commissions 149 158

xxi XXll
 CHAPTER TWENTY -FIVE
AMENDMENT OF THE CONSTITUTION

289. Amendment of Constitution 160 THE CONSTITUTION

290. Amendment of Entrenched Provisions 160 OF THE
REPUBLIC OF GHANA
291. Amendment of Non-Entrenched Provisions 161
192. Certificate of Compliance with Constitution 162 IN THE NAME OF THE ALMIGHTY GOD

We the people of Ghana,

IN EXERCISE of our natural and inalienable right to establish a

CHAPTER TWENTY-SIX framework of government which shall secure for ourselves

MISCELLANEOUS and posterity the blessings of liberty, equality of opportunity
293. Claims Against Government 163 and prosperity;

294. Legal Aid 164 IN A SPIRIT of friendship and peace with all peoples of the world;

295. Interpretation 165 AND IN SOLEMN declaration and affirmation of our commitment to;
296. Exercise of Discretionary Power 168 Freedom,Justice, Probity, and Accountability;

297. Implied Power, etc 169 The Principle that all powers of Government spring from the Sovereign
170 Will of the People;
298. Residual Powers of Parliament
299. Transitional Provisions 170 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.

xxiii
 (a) be liable to imprisonment not exceeding ten years
without the option of a fine; and
THE CONSTITUTION
(b) not be eligible for election, or for appointment, to any
public office for ten years beginning with the date of
SUPREMACY OF THE CONSTITUTION the expiration of the term of imprisonment.
1. (l) The Sovereignty of Ghana resides in the people of Ghana in
whose name and for whose welfare the powers of government are to DEFENCE OF THE CONSTITUTION
be exercised in the manner and within the limits laid down in the 3. (I) Parliament shall have no power to enact a law establishing a
Constitution. one-party state.
(2) This Constitution shall be the supreme law of Ghana and any (2) Any activity of a person or group of persons which suppresses
other law found to be inconsistent with any provision of this or seeks to suppress the lawful political activity of any other person or
Constitution shall, to the extent of the inconsistency, be void. any class of person, or p ersons generally is unlawful.
(3) Any person who­
ENFORCEMENT OF THE CONSTITUTION (a) by himself or in concert with others by any violent
2. (I) A person who alleges that ­ or other unlawful means, suspends or overthrows or
(a) an enactment or anything contained in or done, under abrogates this Constitution or any part of it, or attempts
the authority of that or any other enactment; to do any such act; or
or (b) aids and abets in any manner any person referred to
(b) any act or omission of any person; in paragraph (a) of this clause;
is inconsistent with, or is in contravention of a provision of this commits the offence of high treason and shall, upon conviction, be
Constitution, may bring an action in the Supreme Court for a declaration sentenced to suffer death.
to that effect. (4) All citizens of Ghana shall have the right and duty at all times­
(2) The Supreme Court shall, for the purposes of a declaration (a) to defend this Constitution, and in particular, to resist
under clause (I) of this article, make such orders and give such directions any person or group of persons seeking to commit
as it may consider appropriate for giving effect, or enabling effect to be any of the acts referred to in clause (3) of this article;
given, to the declaration so made. and
(3) Any person or group of persons to whom an order or direction (b) to do all in their power to restore this Constitution
is addressed under clause (2) of this article by the Supreme Court, shall after it has been suspended, overthrown, or abrogated
duly obey and carry out the terms of the order or direction. as referred to in clause (3) of this article.

(4) Failure to obey or carry out the terms of an order or direction (5) Any person or group of persons who suppresses or resists the
made or given under clause (2) of this article constitutes a high crime suspension, overthrow or abrogation of this Constitution as referred to
under this Constitution and shall, in the case of the President or the Vice­ in clause (3) of this article, commits no offence.
President, constitute a ground for removal from office under this (6) Where a person referred to in clause (5) of this article is
Constitution. punished for any act done under that clause, the punishment shall, on
the restoration of this Constitution, be taken to be void from the time
(5) A person convicted of a high crime under clause (4) of this
it was imposed and he shall, from that time, be taken to be absolved
article shall-
tom all liabilities arising out of the punishment.

2
 (7) The Supreme Court shall, on application by or on behalf of TERRITORIES OF GHANA
a person who has suffered any punishment or loss to which clause (6)
of this article relates, award him adequate compensation, which shall be TERRITORIES OF GHA NA
charged on the Consolidated Fund, in respect of any suffering or loss 4. (I) The sovereign State of Ghana is a unitary republic consisting
incurred as a result of the punishment. of those territories comprised in the regions which, immediately before
the coming into force of this Constitution, existed in Ghana, including
the territorial sea and the air space.
(2) Parliament may by law provide for the delimitation of the
territorial sea, the contiguous zone, the exclusive economic zone and
the continental shelf of Ghana.

CREATION, ALTERA TION OR MERGER OF REGIONS

5. (I) Subject to the provisions of this article, the President may, by
constitutional instrument ­
(a) create a new region;
(b) alter the boundaries of a region; or
(c) provide for the merger of two or more regions.
(2) If the President, upon a petition being presented to him and,
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 or a new
region; or
(c) the m e r g er of any two or more r e g ions;
he shall, acting in accordance with the advice of the Council of State,
appoint a commission of inquiry to inquire into the demand and to make
recommendations on all the factors involved in the creation, alteration
or merger.
(3) If, notwithstanding that a petition has not been presented to
him, the President is, on the advice of the Council of State, satisfied that
the need has arisen for taking any of the steps referred to in paragraphs
(a), (b) and (c) of clause (I) of this article, he may, acting in accordance
with the advice of the Council of State, appoint a commission of inquiry
to inquire into the need and to make recommendations on all the factors
involved in the creation, alteration or merger.

3 4
 (4) Where a commission of inquiry appointed under clause (2) or CITIZENSHIP
(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, CITIZENSHIP OF GHANA
it shall recommend to the President that a referendum be held, specifYing 6. (1) Every person who, on the coming into force of this
the issues to be determined by the referendum and the places where the Constitution, is a citizen of Ghana by law shall continue to be a citizen
referendum should be held. of Ghana
(5) The President shall refer the recommendations to the Electoral
).../' (2) Subject to the provisions of this Constitution, a person born
Commission, and the referendum shall be held in a manner prescribed ill or outside Ghana lifter the coming into force of this Constitution, shall
by the Electoral Commission. become l)o cItizen of Ghana t the c!ate of his birth if either of his parents
(6) An issue referred for determination by referendum under or grandparents is· or was a citizen of Ghana. .....-
--

clauses (4) and (5) shall not be taken to be determined by the referendum (3) A child' of not more than seven years of age found in Ghana
unless at least fifty per cent of the persons entitled to vote cast their whose parents are not known shall be presumed to be a citizen of Ghana
votes at the referendum, and of the votes cast at least eighty per cent by birth.
were cast in favour of that issue. (4) A child of not more than sixteen years of age neither
(7) Where a referendum involves the merger of two or more of whose parents is a citizen of Ghana who is adopted by a citizen of
regions, the issue shall not be taken to be determined unless at least sixty Ghana shall, by virtue of the adoption, be a citizen of Ghana.

I
per cent of the persons entitled to vote at the referendum in each such
region voted in favour of the merger of the two or more regions; and PERSONS ENTITLED TO BE REGISTERED AS CITIZENS
accordingly, clause (6) of this article shall not apply to the referendum. 7. (I) A woman married to a man who is a citizen of Ghana or
(8) The President shall, under clause (I) of this article, and acting man married to a woman who is a citizen of Ghana may, upon makin
in accordance with the results of the referendum held under clauses (4) an application in the manner prescribed by Parliament, be registered a
and (5) of this article, issue a constitutional instrument giving effect, or a citizen o f Ghana.
enabling effect to be given, to the results. (2) Clause (1) of this article applies also to a person who was
married to a person who, but for his or her death, would have continued
to be a citizen of Ghana under clause (1) of article 6 of this Constitution.
(3) Where the marriage of a woman is annulled after she has
been registered as a citizen of Ghana under clause (1) of this article, she
shall, unless she renounces that citizenship, continue to be a citizen of
Ghana.
(4) Any child of a marriage of a woman registered as a citizen
afGhans under clause (I) of this article to which clause (3) of this article
applies, shall continue to be a citizen of Ghana unless he renounces that
citizenship.
(5) Where upon an application by a man for registration under
clause (I) of this article, it appears to the authority responsible for the

5 6
 The Constitution The Constitution

registration that a marriage has been entered into primarily with a view (2) Except as otherwise provided in article 7 of this Constitution,
to obtaining the registration, the authority may request the applicant to a person shall not be registered as a citizen of Ghana unless at the time
satisfy him that the marriage was entered into in good faith; and the of his application for registration he is able to speak and understand an
authority may only effect the registration upon being so satisfied. indigenous language of Ghana.
(6) In the case of a man seeking registration, clause (I) of this (3) The High Court may, on an application made for the
II article applies only if the applicant permanently resides in Ghana. purpose by the Attorney-General, deprive a person who is a citizen of
Ghana, otherwise than by birth, of that citizenship on the ground -

D UAL CITIZENSHIP (a) that the activities of that person are.inimical to

8. (I) Subject to this article, a citizen of Ghana shall cease the security Qfth :;)\ati: gfprnjudicial to public moralij,v
.
forthwith to be a citizen of Ghana if, on attaining the age of twenty-one oithe ublic interes
years, he, by a voluntary act, other than marriage, acquires or retains the (b) hat the citizenship was acquired by fraud,
citizenship of a country other than Ghana. misrepresentation or any other improper or irregular
(2) A person who becomes a citizen of Ghana by registration practice.
and immediately after the day on which he becomes a citizen of Ghana (4) There shall be published in the Gazette by the appropriate
is also a citizen of some other country, shall cease to be a citizen of authority and within three months after the application or the registration,
Ghana unless he has renounced his citizenship of that other country, as the case may be, the name, particulars and other details of a person
taken an oath of allegiance specified in the Second Schedule to this who, under this article applies to be registered as a citizen of Ghana or
Constitution and made and registered such declaration of his intentions has been registered as a citizen of Ghana.
concerning residence as may be prescribed by law, or unless he has ( 5) Parliament may make provision for the renunciation by any
obtained an extension of time for taking those steps and the extended person of his citizenship of Ghana.
period has not expired.
(3) A Ghanaian citizen who loses his Ghanaian citizen,ship as INTERPRETA TION

f
a result of the acquisition or possession of the citiienship of a country 10. (I) A reference in this Chapter to the citizenship ofthe parent
other than Ghana shall, on the renunciation of his citizenship of that of a person at the time of the birth of that person shall, in relation to a
other country, become a citizen of Ghana. person born after the death of the parent, be construed as a reference to
(4) Where the law of a country, other than Ghana, requires a the citizenship of the parent at the time of the parent's death,
person who marries a citizen of that country to renounce the citizenship (2) For the purposes of clause (I) of this article, where the
of his own country by virtue of that marriage, a citizen of Ghana who death occurred before the coming into force of this Constitution, the
is deprived of his citizenship of Ghana by virtue of that marriage shall, citizenship that the parent would have had if he or she had died on the
on the dissolution of that marriage, if he thereby loses his citizenship coming into force of this Constitution shall be deemed to be his or her
acquired by that marriage, become a citizen of Ghana. citizenship at the time of his or her death.

CITIZENSHIP LAWS BY PARLIA MENT

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

l 7 8
 THE LAWS OF GHANA (c) come into force at the expiration of twenty-one sitting days
after being so laid unless Parliament, before the expiration
THE LA WS OF GHA NA of the twenty-one days, annuls the Order, Rule or Regulation
1 1. (1) The laws of Ghana shall comprise - by the votes of not less than two-thirds of all the members
(a) this Constitution; of Parliament.
(b) enactments made by or under the authority of the
Parliament establ i s h e d by this C o n s titution;
(c) any Orders, Rules and Regulations made by any person
or authority under a power conferred by this
Constitution;
(d) the existing law; and
(e) the common law.
( 2) The common law of Ghana shall comprise the rules of law
generally known as the common law, the rules generally known as the
doctrines of equity and the rules of customary law including those
determined by the Superior Court of Judicature.
(3) For the purposes of this article, "customary law" means the
rules oflaw which by custom are applicable to particular communities
in Ghana.
(4) The existing law shall, except as otherwise provided in clause
(I) of this article, comprise the written and unwritten laws of Ghana as
they existed immediately before the coming into force ofthis Constitution,
and any Act, Decree, Law or statutory instrument issued or made before
that date, which is to come into force on or after that date.
(5) Subject to the provisions 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 Order, Rule or Regulation made by a person or authority
under a power conferred by this Constitution or any other law shall -
(a) be laid before Parliament;
(b) be published in the Gazette on the day it is laid before
Parliament; and

9
10
 The Constitution

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS PROTECTION OF PERSONAL LIBERTY

14. (I) Every person shall be entitled to his personal liberty and no
GENERAL person shall be deprived of his personal liberty except in the following
cases and in accordance with procedure permitted by law -
PROTECTION OF FUNDAMENTAL (a) in execution of a sentence or order of a court in
HUMAN RIGHTS AND FREEDOMS respect of a criminal offence of which he has been
12. (1) The fundamental human rights and freedoms enshrined in this convicted; or
Chapter shall be respected and upheld by the Executive, Legislature and (b) in execution of an order of a court punishing him
Judiciary and all other organs of government and its agencies and, where for contempt of court; or
applicable to them, by all natural and legal persons in Ghana, and shall (c) for the purpose of bringing him before a court in
be enforceable by the Courts as provided for in this Constitution. execution of an order of a court; or
(2) Every person in Ghana, whatever his race, place of origin, (d) in the case of a person suffering from an infectious
political opinion, colour, religion, creed or gender shall be entitled to or contagious disease, a person of unsound mind,
the fundamental human rights and freedoms of the individual contained a person addicted to drugs or alcohol or a vagrant,
in this Chapter but subject to respect for the rights and freedoms of for the purpose of his care or treatment or the
others and for the public interest. protection of the community; or
(e) for the purpose of the education or welfare of a
PROTECTION OF RIGHT TO LIFE person who has not attained the age of eighteen
13. (l) No person shall be deprived of his life intentionally except in years; or
the exercise of the execution of a sentence of a court in respect of a (f) for the purpose of preventing the unlawful entry
criminal offence under the laws of Ghana of which he has been convicted. of that person into Ghana, or of effecting the
(2) A person shall not be held to have deprived another person expulsion, extradition or other lawful removal of
of his life in contravention of clause (l) of this article if that other person that person from Ghana or for the purpose of
dies as the result of a lawful act of war or if that other person dies as the restricting that person while he is being lawfully
result of the use of force to such an extent as is reasonably justifiable conveyed through Ghana in the course of his
in the particular circumstances - extradition or removal from one country to another;
(a) for the defence of any person from violence or for the or
defence of property; or (g) upon reasonable suspicion of his having cornmitted
(b) in order to effect a lawful arrest or to prevent the escape or being about to commit a criminal offence I'llder
of a person lawfully detained; or the laws of Ghana
(c) for the purposes of suppressing a riot, insurrection or (2) A person who is arrested, restricted or detained shall be informed
mutiny; or immediately; in a language that he understands, of the reasons for his
(d) In order to prevent the commission of a crime by that arrest, restriction or detention and of his right to a lawyer of his choice.
person. (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

11 12
 (bj upon reasonable suspicion of his having committed (3) A person who has not been convicted of a criminal offence
or being about to commit a criminal offence under shall not be treated as a convicted person and shall be kept separately
the laws of Ghana, and who is not released, from convicted persons.
shall be brought before a court within forty-eight hours after the arrest, (4) A juvenile offender who is kept in lawful custody or detention
restriction or detention. shall be kept separately from an adult offender.
(4) Where a person arrested, restricted or detained under paragraph
(aj or (bj of clause (3) of this article is not tried within a reasonable PROTECTION FROM SLA VER Y AND FORCED LABOUR
time, then, without prejudice to any further proceedings that may be 16. (I) No person shall be held in slavery or servitude.
brought against him, he shall be released, either unconditionally or upon (2) No person shall be required to perform forced labour.
reasonable conditions, including in particular conditions reasonably (3) For the purposes of this article, "forced labour" does not include­
necessary to ensure that he appears at a later date for trial or for proceedings (a) any labour required as a result of a sentence or
preliminary to trial. order of a court; or
(5) A person who is unlawfully arrested, restricted or detained by (b) any labour required of a member of a disciplined
any other person shall be entitled to compensation from that other person. force or service as his duties or, in the case of a
(6) Where a person is convicted and sentenced to a term of impris­ person who has conscientious objections to a
onment for an offence, any period he has spent in lawful custody in service as a member of the Armed Forces of
respect of that offence before the completion of his trial shall be taken Ghana, any labour which that person is required
into account in imposing the term of imprisonment. by law to perform in place of such service; or
(7) Where a person who has served the whole or a part of his (c) any labour required during any period when Ghana
sentence is acquitted on appeal by a court, other than the Supreme Court, is at war or in the event of an emergency or
the court may certiiY to the Supreme Court that the person acquitted be calamity that threatens the life and well-being of
paid compensation; and the Supreme Court may, upon examination of the community, to the extent that the requirement
all the facts and the certificate of the court concerned, award such of such labour is reasonably justifiable in the
compensation as it may think fit; or, where the acquittal is by the Supreme circumstances of any situation arising or existing
Court, it may order compensation to be paid to the person acquitted. during that period for the purposes of dealing with
the situation; or
RESPECT FOR HUMAN DIGNITY (d) any labour reasonably required as part of normal
15. (I) The dignity of all persons shall be inviolable. communal or other civic obligation.
(2) No person shall, whether or not he is arrested, restricted or
detained, be subjected to ­ EQUALITY A ND FREEDOM FROM DISCRIMINA TION
(aj torture or other cruel, inhuman or degrading 17. (I) All persons shall be equal before the law.
treatment or punishment; (2) A person shall not be discriminated against on grounds of
(b) any other condition that detracts or is likely to gender, race, colour, ethnic origin, religion, creed or social or economic
detract from his dignity and worth as a human status.
being. (3) For the purpose of this article, "discriminate" means to give
different treatment to different persons attributable only or mainly to
their respective descriptions by race, place of origin, political opinions,
colour, gender, occupation, religion or creed, whereby persons of one
13 14
description are subjected to disabilities or restrictions to which persons a) in the case of an offence other than high treason
of another description are not made subject or are granted privileges or or treason, the punishment for which is death or
advantages which are not granted to persons of another description. imprisonment for life, be tried by a judge and jury
(4) Nothing in this article shall prevent Parliament from enacting and ­
laws that are reasonably necessary to provide ­ (i) where the punishment is death, the verdict of the
(a) for the implementation of policies and jury shall be unanimous; and
progranunes aimed at redressing social, economic (ii) in the case of life imprisonment, the verdict of the
or educational imbalance in the Ghanaian society; jury shall be by such majority as Parliament may
(b) for matters relating to adoption, marriage divorce, by law prescribe;
burial, devolution of property on death or other (b) in the case of an offence triable by a Regional Tribunal
matters of personal law; for the imposition of the penalty for which is death, the decision of the
restrictions on the acquisition ofland by persons Chairman and the other panel members shall be unan­
who are not citizens of Ghana or on the political imous;
and economic activities of such persons and for (c) be presumed to be innocent until he is proved or has
other matters relating to such persons; or pleaded guilty;
(d) for making different provision for ' t (d) be informed immediately in a language he understands,
communities aymg regard to their special and in detail; of the nature of the offence charged;
circumstances not being provision which is (e) be given adequate time and facilities for the preparation
incOilSlstent wJth the spmt ofthis Consti!Y.\:i.Q.o. of his defence;
(5) Nothing shall be taken to be inconsistent with this article (j) be permitted to defend himself before the court in
which is allowed to be done under any provision of this Chapter. person or by a lawyer of his choice;
(g) be afforded facilities to examine, in person or by his
PROTECTION OF PRIVACY OF HOME AND OTHER PROPERTY lawyer, the witnesses called by the prosecution before
1 8 . ( 1 ) Every person has the right to own property either alone or the court, and to obtain the attendance and carry out
in association with others. the examination of witnesses to testify on the same
(2) No person shall be subjected to interference with the privacy conditions as those applicable to witnesses called by
of his home, property, correspondence or communication except in the prosecution;
accordance with law and as may be necessary in a free and democratic (h) be permitted to have, without payment by him, the
society for public safety or the economic well-being of the country, for assistance of an interpreter where he cannot understand
the protection ofhealth or morals, for the prevention of disorder or crime the language used at the trial; and
or for the protection of the rights or freedoms of others. (i) in the case of the offence of high treason or treason,
be tried by the High Court duly constituted by three
FAIR TRIAL Justices of that Court and the decision of the Justices
19. (I) A person charged with a criminal offence shall be given a fair shall be unanimous.
hearing within a reasonable time by a court. (3) The trial of a person charged with a criminal offence shall take
(2) A person charged with a criminal offence shall ­ place in his presence unless ­

15 16
 The Constitution
(a) he refuses to appear before the court for the trial to be (13) An adjudicating authority for the determination of the existence
conducted in his presence after he has been duly notified or extent of a civil right or obligation shall, subject to the provisions of
of the trial; or this Constitution, be established by law and shall be independent and
(b) he conducts himself in such a marmer as to render the impartial; and where proceedings for determination are instituted by a
continuation ofthe proceedings in his presence imprac­ person before such an adjudicating authority, the case shall be given a
ticable and the court orders him to be removed for trial fair hearing within a reasonable time.
to proceed in his absence. (14) Except as may be otherwise ordered by the adjudicating authority
(4) Whenever a person is tried for a criminal offence the accused in the interest of public morality, public safety, or public order the
person or a person authorised by him shall, if he so requires, be given, proceedings of any such adj udicating authority shall be in public.
within a reasonable time not exceeding six months after judgment, a (15) Nothing in this article shall prevent an adjudicating authority
copy of any record of the proceedings made by or on behalf of the court from excluding from the proceedings persons, other than the parties to
for the use of the accused person. the proceedings and their lawyers, to such an extent as the authority -
(5) A person shall not be charged with or h ld to be gu lty of a (a) may consider necessary or expedient in circumstances
.
criminal offence which is founded on an act or omission that did not at where publicity would prejudice the interests ofjustice; or
the time it took place constitute an offence. (b) may be empowered by law to do in the interest of defence,
(6) No penalty shall be imposed for a criminal offence that is severer public safety, public order, public morality, the welfare of
in degree or description than the maximum penalty that could have been persons under the age of eighteen or the protection of the
imposed for that offence at the time when it was committed . private lives of persons concerned in the proceedings.
(7) No person who shows that he has been tried y a compete?t (16) Nothing in, or done under the authority of, any law shall be
court for a criminal offence and either convicted or acqUitted, shall agam , held to be inconsistent with, or in contravention of, the following
be tried for that offence or for any other criminal offence of which he provisions ­
could have been convicted at the trial for the offence, except on the order (a) paragraph (c) of clause (2) of this article, to the extent that
of a superior court in the course of appeal or review proceedings relating the law in question imposes upon a person charged with
to the conviction or acquittal. a criminal offence, the burden of proving particular facts;
(8) Notwithstanding clause (7) of this article, an acquittal of a or
person on a trial for high treason or treason shall no be a bar to the (b) clause (7) of this article, to the extent that the law in question
institution of proceedings for any other offence agamst that person. authorises a court to try a member of a disciplined force
(9) Paragraph (a) and (b) of clause ( 2) of this article shall not apply
for a criminal offence notwithstanding any trial and
in the case of a trial by a court-martial or other military tribunal. conviction or acquittal ofthat member under the disciplinary
(10) No person who is tried for a criminal offence shall be compelled law of the force, except that any court which tries that
to give evidence at the trial. member and convicts him shall, in sentencing him to any
(1 1 ) No person shall be convicted of a criminal offence unless the punishment, take into account any punishment imposed on
offence is defined and the penalty for it is prescribed in a written law. him under that disciplinary law.
(12) Clause (II) of this article shall ot preve t a Sup rior Court
from punishing a person for contempt ofltselfnotwlths
. not defined In adln !?: that the
act or omission constituting the contempt IS wntten law
and the penalty is not so prescribed.

17 18
 ( 1 7) Subject to clause ( 1 8) ofthis article, treason shall consist only­ (b)the necessity for the acquisition is clearly stated and
(a) in levying war against Ghana or assisting any state or is such as to provide reasonable justification for causing
person or inciting or conspiring with any person to any hardship that may result to any person who has an
levy war against Ghana; or interest in or right over the property.
(b) in attempting by force of arms or other violent means (2) CQIJIPulsory acquisition of property by the State shall only be
to overthrow the organs of government established by made under a law which makes provision for ­
or under this Constitution; or (a) the prompt payment offal! and adequate compensa�n;
(c) in taking part or being concerned in or inciting or and
conspiring with any person to make or take part or be (b) a right of access to the High Court by any person
concerned in, any such attempt. who has an interest in or right over the property whether
( 1 8) An act which aims at procuring by constitutional means an direct or on appeal from any other authority, for the
alteration of the law or of the policies of the Government shall not be determination of his interest or right and the
considered as an act calculated to overthrow the organs of government. amount of compensation to which he is entitled.
( 1 9) Notwithstanding any other provision of this article, but subject (3) Where a compulsory acquisition or possession ofland effected
to clause (20) of this article, Parliament may, by or under an Act of by the State in accordance with clause (I) ofthis article involves
Parliament, establish military courts or tribunals for the trial of offences displacement of any inhabitants, the State shall resettle ..the
against military law committed by persons subject to military law. disj2laced inhabitants on suitable alternative land wjth dpe re�ard
(20) Where a person subject to military law, who is not in active fohheir economic well-being and social and cultural values.
service, commits an offence which is within the jurisdiction of a civil (4) Nothing m thIS artIcle shall be construed as affectmg the
court, he shall not be tried by a court-martial or military tribunal for t e operation ofany general law so far as it provides for the taking
offence unless the offence is within the jurisdiction of a court-martial of possession or acquisition of property ­
or other military tribunal under any law for the enforcement of military (a) by way of vesting or administration oftrust property,
discipline. enemy property or the property of persons adjudged
(2 1 ) For the purposes of this article; "criminal offence" means a or otherwise declared bankrupt or insolvent, persons
criminal offence under the laws of Ghana. of unsound mind, deceased persons or bodies corporate
or unincorporated in the course of being wound up;
PROTECTION FROM DEPRIVA TION OF PROPERTY or
20. (I) No property of any description, or interest in or right over any (b) in the execution ofajudgment or order ofa court; or
property shall be compulsorily taken possession of or acquired by the (c) by reason of its being in a dangerous state or injurious
State unless the following conditions are satisfied ­ to the health of human beings, animals or plants; or
(a) the taking of possession or acquisition is necessary in (d) in consequence of any law with respect to the
the interest of defence, public safety, public order, limitation of actions; or
public morality, public health, town and country (e) for so long only as may be necessary for the purpose
planning or the development or utilization of property of any examination, investigation, trial or inquiry; or
in such a marmer as to promote the public benefit; and (f) for so long as may be necessary for the carrying out
of work on any land for the purpose of the provision
of public facilities or utilities, except that where any

19 20
 The Constitution

damage results from any such work there shaH be (4) Nothing in, or done under the authority of, a law shall be held
paid appropriate compensation. to be inconsistent with, or in contravention of, this article to the extent
(5) Any property compulsorily taken possession of or acquired in that the law in question makes provision ­
the public interest or for a public purpose shaH be used only in the public (a) for the imposition of restrictions by order ofa court,
interest or for the public purpose for which it was acquired. that are required in the interest of defence, public
(6) Where the property is not used in the public interest or for the safety or public order, on the movement or
purpose for which it was acql,lired, the owner ofthe property immediately residence within Ghana of any person; or
before the compulsory acquisition, shall be given the first option for (b) for the imposition of restrictions, by order of a
acquiring the property and shaH, on such re-acquisition refund the whole court, on the movement or residence within Ghana
or part of the compensation paid to him as provided for by law or such of any person either as a result of his having been
other amount as is commensurate with the value of the property at the found guilty of a criminal offence under the laws of
time ofthe re-acquisition. Ghana or for the purposes of ensuring that he
appears before a court at a later date for trial for a
GENERAL FUNDAMENTAL FREEDOMS criminal offence or for proceedings relating to his
2 1 . ( 1 ) AH persons shall have the right to ­ extradition or lawful removal from Ghana· or
(a) freedom of speech and expression, which shall include (c) for the imposition of restrictions that are reason bly
freedom ofthe press and other media; required in the interest of defence, public safety,
(b) freedom of thought, conscience and belief, which shall public health or the running of essential services, on
include academic freedom; the movement or residence within Ghana of any person
(c) freedom to practise any religion and to manifest such or persons generally, or any class of persons; or
practice; (d) for the imposition of restrictions on the freedom of
(d) freedom of assembly including freedom to take entry into Ghana, or movement in Ghana, of a
. part person who is not a citizen of Ghana; or
in processions and demonstrations;
(e) freedom of association, which shaH include freedom to form (e) that is reasonably required for the purpose of safe ­
or join trade unions or other associations, guarding the people of Ghana against the teaching or
national and international, for the protection of their interest; propagation of a doctrine which exhibits or encourages
(f) information, subject to such qualifications and laws as are disrespect for the nationhood of Ghana, the national
necessary in a democratic society; symbols and emblems, or incites hatred against other
(g) freedom of movement which means the right to move freely members of the community;
in Ghana, the right to leave and to enter Ghana and immunity except so far as that provision or as the case may be, the thing done
from expulsion from Ghana. under the authority of that law is shown not to be reasonably justifiable
(2) A restriction on a person's freedom of movement by his lawful in terms of the spirit of this Constitution.
detention shall not be held to be inconsistent with or in contravention (5) Whenever a person, whose freedom of movement has been
of this article. restricted by the order of a court under paragraph (a) of clause (4) of
(3) All citizens shall have the right and freedom to form or join this article, request at any time during the period of that restriction not
political parties and to participate in political activities subject to such earlier than seven days after the order was made, or three months after
qualifications and laws as are necessary in a free and democratic society he last made such request, as the case may be, his case shaH be reviewed
and are consistent with this Constitution. by that court.
21 22
 The Constitution

(6) On a review by a court under clause (5) of this article, the court (4) Restrictions shall not be placed on the exercise of the right conferred
may, subject to the right of appeal from its decision, make such order by clause (3) of this article except restrictions prescribed by law and
for the continuation or termination of the restriction as it considers reasonably necessary in the interest of national security or public order
necessary or expedient, or for the protection of the rights and freedoms of others.

PROPERTY RIGHTS OF SPOUSES EDUCA TIONAL RIGHTS

22. ( 1 ) A spouse shall not be deprived of a reasonable provision out 25. ( l ) All persons shall have the right to equal educational
of the estate of a spouse whether or not the spouse died having made a opportunities and facilities and with a view to achieving the full realisation
will. of that right ­
(2) Parliament shall, as soon as practicable after the coming into (a) basic education shall be free, compulsory and available to all;
force ofthis Constitution, enact legislation regulating the property rights (b) secondary education in its different forms, including technical
of spouses. and vocational education, shall be made generally available
(3) With a view to achieving the full realisation ofthe rights referred and accessible to all by every appropriate means, and in particular,
to in clause (2) of this article ­ by the progressive introduction of free education;
(a) spouses shall have equal access to property jointly (c) higher education shall be made equally accessible to all, on the
acquired during marriage; basis of capacity, by every appropriate means, and in particular,
(b) assets which are jointly acquired during marriage by progressive introduction of free education;
shall be distributed equitably between the spouses (d) functional literacy shall be encouraged or intensified as far as
upon dissolution of the marriage. possible;
(e) the development of a system of schools with adequate facilities
ADMINISTRATIVE JUSTICE at all levels shall be actively pursued.
23. Administrative bodies and administrative officials shall act (2) Every person shall have the right, at his own expense, to establish
fairly and reasonably and comply with the requirements imposed on and maintain a private school or schools at all levels and of such categories
them by law and persons aggrieved by the exercise of such acts and lind in accordance with such conditions as my be provided by law.
decisions shall have the right to seek redress before a court or other
tribunal. CULTURAL RIGHTS AND PRACTICES
26. ( l ) Every person is entitled to enjoy, practise, profess, maintain
ECONOMIC RIGHTS and promote any culture, language, tradition or religion subject to the
.
24. ( 1 ) Every person has the right to work under satisfactory, safe provisions ofthis Constitution.
and healthy conditions, and shall receive equal pay for equal work (2) All customary practices which dehumanise or are injurious to
without distinction of any kind. the physical and mental well-being of a person are prohibited.
(2) Every worker shall be assured ofrest, 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 for or join a trade union of his
choice for the promotion and protection of his economic and social
interests.

23 24
 The Constitution

WOMEN'S RIGHTS (4) No child shall be deprived by any other person of medical
27. (I) Special care shall be accorded to mothers during a reasona treatment, education or any other social or economic benefit by reason
. before ble
perIod and after child-birth; and during those periods, working only of religious or other beliefs.
mothers shall be accorded paid leave. (5) For the purpose of this article, "child" means a person below
(2) Facilities shall be provided for the care of children below the age of eighteen years.
sc ool-going age t enable women, who have the traditional care
. for
children, realIse their full potential. RIGHTS OF DISABLED PERSONS
. (3J Women hall be guaranteed equal rights to training and promo-
tIOn Without any Impediments from any person.
29. (I) Disabled persons have the right to live with their families or
with foster parents and to participate in social, creative or recreational
activities.
CHILDREN'S RIGHTS (2) A disabled person shall not be subjected to differential treatment
28. (I) Parliament shall enact such laws as are necessary to ensure in respect of his residence other than that required by his condition or
that-
(a) ev ry child has the right to th same measure of special care, by the improvement which he may derive from the treatment.
.
assistance and mamtenance as IS necessary for its development (3) If the stay of a disabled person in a specialised establishment
from its natural parents, except where those parents have is indispensable, the environment and living conditions there shall be
.
effectlvel s ndered their rights and responsibilities in respect as close as possible to those of the normal life of a person of his age.
of the child m accordance with law'
'
(4) Disabled persons shall be protected against all exploitation, all
(b) every child, whether or not born in wedlock, shall be entitled regulations and all treatment of a discriminatory, abusive or degrading
to reasonable provis on out of the estate of its parents; nature.
(c) par nts undertake their natural right and obligation of care, (5) In any judicial proceedings in which a disabled person is a party
m mtenan e d upbringing of their children in co-operation the legal procedure applied shall take his physical and mental condition
.
With such mstitutlOns as Parliament may, by law, prescribe in into account.
such manner that in all cases the interest of the children are (6) As far as practicable, every place to which the public have
paramount. access shall have appropriate facilities for disabled persons.
(d) children and young persons receive special protection against (7) Special incentives shall be given to disabled persons engaged
exposure to physical and moral hazards' and in business and also to business organisations that employ disabled
(e) the protection and advancement of th; family as the unit of persons in significant numbers.
' are safeguar
society (8) Parliament shall enact such laws as are necessary to ensure the
ded in promotion of the interest of children.
(2) E ery child has the right to be protected from engaging in work enforcement of the provisions of this article.
that constltu es a threat to his health, education or develop
ment.
(3) child shall not be subjected to torture or other cruel, inhuman RIGHTS OF THE SICK
or degradmg treatment or punishment. 30. A person who by reason of sickness or any other cause is unable to
give his consent shall not be deprived by any other person of medical
treatment, education or any other social or economic benefit by reason
only of religious or other beliefs.

25 26
 The Constitution
The Constitution
(a) is calculated or likely to deprive the community of the
EMERGENCY POWERS
essentials of life; or
31. ( I ) The President may, acting in accordance with the advice of the
(b) renders necessary the taking of measures which are
Council of State, by Proclamation published in the Gazette, declare that
required for securing the public safety, the defence of
a state of emergency exists in Ghana or in any part of Ghana for the
Ghana and the maintenance of public order and of
purposes ofthe provisions of this Constitution.
supplies and services essential to the life of the
(2) Notwithstanding any other provision of this article, where a
community.
proclamation is published under clause (I) of this article, the President
(10) Nothing in, or done under the authority of, an Act of Parliament
shall place immediately before Parliament, the facts and circumstances
shall be held to be inconsistent with, or in contravention of, articles 12
leading to the declaration of the state of emergency.
to 30 of this Constitution to the extent that the Act in question authorises
(3) Parl ament shall, within seventy-two hours after being so
. the taking, during any period when a state of emergency is in force, of
notified, decide whether the proclamation should remain in force or
measures that are reasonably justifiable for the purposes of dealing with
should be revoked; and the President shall act in accordance with the
the situation that exists during that period.
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
PERSONS DETAINED UNDER EMERGENCY LA W
? blication of the declaration, unless, befure the expiration of that period, 32. ( I ) Where a person is restricted or detained by virtue of a law made
It IS approved by a resolution passed for that purpose by a majority of
pursuant to a declaration of a state of emergency, the following provisions
all the members of Parliament.
shall apply ­
(5) Subject to clause (7) of this article, a declaration of a state of
(a) he shall as soon as practicable, and in any case not
e erg ncy approve by resolution of Parliament under clause (4) of
later than twenty-four hours after the commencement
thiS artIcle shall contmue In force until the expiration of a period of three
of the restriction or detention, be furnished with
months beginning with the date of its being so approved or until such
statement in writing specifYing in details the grounds
earlier date as may be specified in the resolution.
upon which he is restricted or detained and the statement
(6) Parliament may, by resolution passed by a majority of all shall be read or interpreted to the person restricted or
members ofParliament, extend its approval ofthe declaration for periods
detained.
of not more than one month at a time.
(b) the spouse, parent, child or other available next of kin
(7) Parliament may, by a resolution passed by a majority of all the
of the person restricted or detained shall be informed
members of Parliament, at any time, revoke a declaration of a state of
of the detention or restriction within twenty-four hours
emergency approved by P a r l i am ent under t h i s art i c l e .
after the commencement of the detention or restriction
(8) For the avoidance o f doubt, i t is hereby declared that the
and be permitted access to the person at the earliest
provisions of any enactment, other than an Act of Parliament, dealing
. practicable opportunity, and in any case within twenty­
With a state of emergency declared under clause (I) of this article shall
four hours after the commencement of the restriction
apply only to that part of Ghana where the emergency exists.
or detention;
(9) The circ mst nce under which a state of emergency may be
(c) not more that ten days after the commencement of his
?ecla ed under t IS rtlcle Include a natural disaster and any situation restriction or detention, a notification shall be published
In which any actIon IS taken or is immediately threatened to be taken by
in the Gazette and in the media stating that he has been
any person or body of persons which _

28
27
 restricted or detained and giving particulars of the accordance with the decisions of the tribunal appointed
provision oflaw under which his restriction or detention under this article.
is authorised and the grounds of his restriction or (5) For the avoidance of doubt, it is hereby declared that at the end
detention, ofan emergency declared under clause (1) ofarticle 31 ofthis Constitution,
(d) not more than ten days after commencement of his a person in restriction or detention or in custody as a result of the
restriction or detention, and after that, during his declaration of the emergency shall be released immediately.
restriction or detention, at intervals of not more than
three months, his case shall be reviewed by a tribunal PROTECTION OF RIGHTS BY THE COURTS
composed ofnot less than three Justices ofthe Superior 33. ( 1 ) Where a person alleges that a provision of this Constitution on
Court of Judicature appointed by the Chief Justice; e fundamental human rights and freedoms has been, or is being or is
except that the same tribunal shall not review more likely to be contravened in relation to him, then, without prejudice to
than once the case of a person restricted or detained; any other action that is lawfully available, that person may apply to the
(e) he shall be afforded every possible facility to consult High Court for redress.
a lawyer of his choice who shall be permitted to make (2) The High Court may, under clause (1) of this article issue such
representations to the tribunal appointed for the review direction or orders or writs including writs or orders in th nature of
of the case of the restricted or detained person; . habeas corpus, certiorari, mandamus, prohibition, and quo warranto as
(f) at the hearing of his case, he shall be permitted to it may consider appropriate for the purposes of enforcing or securing
appear in person or by a lawyer of his choice. the enforcement of any of the provisions on the fundamental human
(2) On a review by a tribunal ofthe case of a restricted or detained rights and freedoms to the protection of which the person concerned is
person, the tribunal may order the release of the person and the payment entitled.
to him ofadequate compensation or uphold the grounds of his restriction (3) A person aggrieved by a determination of the High Court may
or detention; and the authority by which the restriction or detention was appeal to the Court of Appeal with the right of a further appeal to the
ordered shall act accordingly. Supreme Court.
(4) The Rules of Court Committee may make rules of court with
. 3) In
Mmlster of
every month in which there is a sitting of Parliament, a
State authorised by the President, shall make a report to respect to the practice and procedure of the Superior Courts for the
.
Parliament of the number of persons restricted or detained by virtue of purposes ofthis article.
such a law as is referred to in clause (10) of article 3 1 ofthis Constitution (5) The rights, duties, declarations and guarantees relating to the
and the number of cases in which the authority that ordered the restriction fundamental human rights and freedoms specifically mentioned in this
or detention has acted in accordance with the decisions of the tribunal Chapter shall not be regarded as excluding others not specifically
appointed under this article. ?tentioned which are considered to be inherent in a democracy and
(4) Notwithstanding clause (3) ofthis article, the Minister referred mtended to secure the freedom and dignity of man.
to in that clause shall publish every month in the Gazette and in the
media ­
(a) the number and the names and addresses ofthe persons
restricted or detained;
(b) the number of cases reviewed by the tribunal; and
(c) the number of cases in which the authority which
ordered the restriction or detention has acted in
29 30
 THE DIRECTIVE PRINCIPLES OF STATE POLlCY (c) provide adequate facilities for, and encourage, free
mobility of people, goods and serv ices throughout
IMPLEMENTATION OF DIRECTIVE PRINCIPLES Ghana;
34. (I) The Directive Principles of State Policy contained in this Chapter (d) make democracy a reality by decentralizing the
shall guide all citizens, Parliament, the President, the Judiciary, the administrative and financial machinery of government
Council of State, the Cabinet, political parties and other bodies and to the regions and districts and by affording all possible
persons in applying or interpreting this Constitution or any other law opportunities to the people to participate in decision­
and in taking and implementing any policy decisions, for the establishment making at every level in national life and in government;
of a just and free society. and
(2) The President shall report to Parliament at least once a year all (e) ensure that whenever practicable, the headquarters of
the steps taken to ensure the realization of the policy objectives contained a Government or public institution offering any services
in this Chapter; and, in particular, the realization of basic human rights, is situated in an area within any region, taking into
a healthy economy, the right to work, the right to good health care and account the resources and potentials of the region and
the right to education. the area.
(7) As far as practicable, a government shall continue and execute
POLITICAL OBJECTIVES projects and programmes commenced by the previous Governments.
35. (I ) Ghana shall be a democratic state dedicated to the realization (8) The State shall take steps to eradicate corrupt practices and the
of freedom and justice; and accordingly, sovereignty resides in the people abuse of power.
of Ghana from whom government derives all its powers and authority (9) The State shall promote among the people of Ghana the culture
through this Constitution. of political tolerance.
(2) The State shall protect and safeguard the independence, unity
and territorial integrity of Ghana, and shall seek the well-being of all ECONOMIC OBJECTIVES
her citizens. 36. (I) The State shall take all necessary action to ensure that the
(3) The State shall promote just and reasonable access by all national economy is managed in such a manner as to maximize the rate
citizens to public facilities and services in accordance with law. of economic development and to secure the maximum welfare, freedom
(4) The State shall cultivate among all Ghanaians respect for and happiness of every person in Ghana and to provide adequate means
fundamental human rights and freedoms and the dignity of the human oflivelihood and suitable employment and public assistance to the needy.
person. (2) The State shall, in particular, take all necessary steps to establish
(5) The State shall actively promote the integration of the peoples a sound and healthy economy whose underlying principles shall include
of Ghana and prohibit discrimination and prejudice on the grounds of
place of origin, circumstances of birth, ethnic origin, gender or religion, (a) th!:..,guarantee of a fair and realistic remuneration for
creed or other beliefs. production and productivity in order to encoura&e
(6) Towards the achievement of the objectives stated in clause (5) c ntinued production and bigher- productivity..;.
of this article, the State shall take appropriate measures to ­ (b) affording ample opportunity for individual initiative
(a) foster a spirit of loyalty to Ghana that overrides and creativity in economic activities and fosterin an
sectional, ethnic and other loyalties; e lin enviro
(b) achieve reasonable regional and gender balance in private sector in the econo
recruitment and appointment to public offices;

31 32
 (c) ensuring that individuals and the private sector bear operation with other states and bodies for purposes of protecting the
their fair share of social and national responsibilities wider international environment for mankind.
including responsibilities to contribute to the overall ( 1 0) The State shall safeguard the health, safety and welfare of all
development of the country; persons in employment, and shall establish the basis for the full
(d) undertaking even and balanced development of all development of the creative potential of all Ghanaians.
regions and every part of each region of Ghana, and, ( I I ) The State shall encourage the participation of workers in the
in particular, improving the conditions of life in the decision-making process at the work place.
rural areas, and generally, redressing any imbalance
in development between the rural and the urban areas; SOCIAL OBJECTIVES
(e) the recognition that the most secure democracy is the 37. ( I ) The State shall endeavour to secure and protect a social order
one that assures the basic necessities of life for its founded on the ideals and principles of freedom, equality, justice, probity
people as a fundamental duty. and accountability as enshrined in Chapter 5 of this Constitution; and
(3) The State shall take appropriate measures to promote the in particular, the State shall direct its policy towards ensuring that every
development of agriculture and industry. citizen has equality of rights, obligations and opportunities before the
(4) Foreign investment shall be encouraged within Ghana, law.
subject to any law for the time being in force regulating investment in (2) The State shall enact appropriate laws to assure ­
Ghana. (a) the enjoyment of rights of effective participation in
(5) For the purposes of the foregoing clauses of this article, development processes including rights of people to
within two years after assuming office, the President shall present to form their own associations free from state interference
Parliament a co-ordinated programme ofeconomic and social development and to use them to promote and protect their interests
policies, including agricultural and industrial programmes at all levels in relation to development processes, rights of access
and in all the regions of Ghana. to agencies and officials of the State necessary in order
(6) The State shall afford equality of economic opportunity to all to realise effective participation in development
citizens; and, in particular, the State shall take all necessary steps so as processes; freedom to form organizations to engage
to ensure the full integration of women into the mainstream of the in self-help and income generating projects; and
economic development of Ghana. freedom to raise funds to support those activities;
(7) The State shall guarantee the ownership of property and the (b) the protection and promotion of all other basic human
right of inheritance. rights and freedoms, including the rights ofthe disabled,
(8) The State shall recognise that ownership and possession of the aged, children and other vulnerable groups in
land carry a social obligation to serve the larger community and, in development processes.
particular, the State shall recognise that the managers of public, stool, (3) In the discharge of the obligations stated in clause (2) of this
skin and family lands are fiduciaries charged with the obligation to article, the State shall be guided by international human rights instruments
discharge their functions for the benefit respectively of the people of which recognize and apply particular categories of basic human rights
Ghana, of the stool, skin, or family concerned and are accountable as to development processes.
fiduciaries in this regard. (4) The State shall maintain a population policy consistent with the
(9) The State shall take appropriate measures needed to protect aspirations and development needs and objectives of Ghana.
and safeguard the national environment for posterity; and shall seek co-

33 34
,
( (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 weIl as
(2) The State shall ensure that appropriate customary and cultural
values are adapted and developed as an integral part of the growing
!
1
needs of the society as a whole; and in particular that traditional practices
international friendship and understanding. which are injurious to the health and well-being of the person are
(6) The State shall - abolished.
(a) ensure that contributory schemes are instituted and (3) The State shall foster the development of Ghanaian languages
maintained that will guarantee economic security for and pride in Ghanaian culture.
self-employed and other citizens of Ghana, and (4) The State shall endeavour to preserve and protect places of
(b) provide social assistance to the aged such as will enable historical interest and artifacts.
them to maintain a decent standard of living.
INTERNATIONAL RELA TIONS
EDUCATIONAL OBJECTIVES 40. In its dealings with other nations, the Government shall -
38. ( I ) The State shall provide educational facilities at all levels and (a) promote and protect the interests of Ghana;
in all the Regions of Ghana, and shall, to the greatest extent feasible, (b) seek the establishment of a just and equitable
make those facilities available to all citizens. i nternational e c o n o m i c and social order;
(2) The Government shall, within two years after Parliament (c) promote respect for international law, treaty obligations
first meets after the coming into force of this Constitution, draw and the settlement of international disputes by peaceful
up a programme for implementation within the following ten years, means;
for the provision of free, compulsory and universal basic education. (d) adhere to the principles enshrined in or as the case
(3) The State shall, subject to the availability of resources, provide- may be, the aims and ideals of -
(a) equal and balanced access to secondary and other (i) the Charter of the United Nations;
appropriate pre-university education, equal access to (ii) the Charter of the Organisation ofAfrican Unity;
university or equivalent education, with emphasis on (iii) the Commonwealth;
science and technology; (iv) the Treaty of the Economic Community of West
(b) a free adult literacy programme, and a free vocational African States; and
training, rehabilitation and resettlement of disabled (v) any other international organisation of which
persons; and Ghana is a member.
(c) life-long education.
DUTIES OF A CITIZEN
CULTURAL OBJECTIVES 41. The exercise and enjoyment of rights and freedoms is inseparable
39. (I) Subject to clause (2) of this article, the State shall take steps from the performance of duties and obligations, and accordingly, it shall
to encourage the integration of appropriate customary values into the be the duty of every citizen -
fabric of national life through formal and informal education and the (a) to promote the prestige and good name of Ghana and
conscious introduction of cultural dimensions to relevant aspects of respect the symbols of the nation;
national planning. (b) to uphold and defend this Constitution and the law;
(c) to foster national unity and live in harmony with
others;

35 36
 CHAPTER SEVEN
(d) to respect the rights, freedoms and legitimate interests REPRESENTATION OF THE PEOPLE
of others, and generally to refrain from doing acts
detrimental to the welfare of other persons; RIGHT TO VOTE
(e) to work conscientiously in his lawfully chosen 42. Every citizen of Ghana of eighteen years of age or above and of
occupation; sound mind has the right to vote and is entitled to be registered as a
(f) to protect and preserve public property. and expose voter for the purposes of public elections and referenda.
and combat misuse and waste ofpubhc funds and
property; . ELECTORAL COMMISSION
(g) to contribute to the well-being ofthe community where 43. ( I ) There shall be an Electoral Commission which shall consist of­
that citizen lives; (a) a Chairman;
(a) to defend Ghana and render national service when (b) two Deputy Chairmen; and
necessary; (c) four other members.
(i) to co-operate with lawful agencies in the (2) The members of the Commission shall be appointed by the
maintenance of law and order; President under article 70 of this Constitution.
OJ to declare his income honestly to the appropriate and
lawful agencies and to satisfy all tax obligations; and QUALIFICA TIONS, TERMS AND CONDITIONS OF SER VICE OF
(Ie) to protect and safeguard the environment. MEMBERS OF ELECTORAL COMMISSION
44. (I) A person is not qualified to be appointed a member of the
Electoral Commission unless he is qualified to be elected as a member
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 of the Commission shall have the
same terms and conditions of service as are applicable to a Justice of
the High Court.
(4) The Chairman and the two Deputy Chairmen ofthe 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.

37 38
 The Constitution The Constitution

FUNCTIONS OF ELECTORAL COMMISSION holding of a census of the population of Ghana, whichever is earlier,
45. The Electoral Commission shall have the following functions­ and may, as a result, alter the constituencies.
(a) to compile the register of voters and revise it at such (6) Where the boundaries of a constituency established under this
periods as may be determined by law; article are altered as a result of a review, the alteration shall come into
(b) to demarcate the electoral boundaries for both national effect upon the next dissolution of Parliament.
and local government elections; (7) For the purposes of this article, "population quota" means the
(c) to conduct and supervise all public elections and number obtained by dividing the number of inhabitants of Ghana by the
referenda; number of constituencies into which Ghana is divided under this article.
(d) to educate the people on the electoral process and its
purpose; APPEALS FROM DECISIONS OF COMMISSION
(e) to undertake programmes for the expansion of the 48. ( 1 ) A person aggrieved by a decision of the Electoral Commission
registration of voters; and in respect of a demarcation of a boundary, may appeal to a tribunal
(j) to perform such other functions as may be prescribed consisting of three persons appointed by the Chief Justice and the
by law. E lectoral Commission shall give effect to the decision of the tribunal.
(2) A person aggrieved by a decision of the tribunal referred to in
INDEPENDENCE OF THE COMMISSION clause ( I ) of this article may appeal to the Court of Appeal whose
46. Except as provided in this Constitution or in any other law not decision on the matter shall be final.
inconsistent with this Constitution, in the performance of its functions,
the Electoral Commission, shall not be subject to the direction or control VOTING A T ELECTIONS AND REFERENDA
of any person or authority. 49. (I) At any public election or referendum, voting shall be by
secret ballot.
CONSTITUENCIES (2) Immediately after the close of the poll, the presiding officer
47. ( 1 ) Ghana shall be divided into as many constituencies for the shall, in the presence of such of the candidates or their representatives
purpose of election of members ofParliament as the E lectoral Commission and their polling agents as are present, proceed to count, at that polling
may prescribe, and each constituency shall be represented by one Member station, the ballot papers of that station and record the votes cast in
of Parliament. favour of each candidate or question.
(2) No constituency shall fal l within more than one region. (3) The presiding officer, the candidates or their representatives
(3) The boundaries of each constituency shall be such that the and, in the case of a referendum, the parties contesting or their agents
number of inhabitants in the constituency is, as nearly as possible, equal and the polling agents if any, shall then sign a declaration stating -

to the population quota. (a) the polling station; and

(4) For the purposes of clause (3) of this article, the number of (b) the number of votes cast in favour of each candidate
inhabitants of a constituency may be greater or less than the population or question;
quota in order to take account of means of communication, geographical and the presiding officer shall, there and then, announce the results of
features, density of population and area and boundaries of the regions the voting at that polling station before communicating them to the
and other administrative or traditional areas. returning officer.
(5) The Electoral Commission shall review the division of Ghana (4) Subject to the provisions of this Constitution, an issue for
into constituencies at intervals of not less than seven years, or within determination by referendum shall not be taken to be determined unless
twelve months after the publication of the enumeration figures after the
39 40
 The Constitution

at least thirty-five percent ofthe persons entitled to vote at the referendum Electoral Commission who shall perform such functions as shall be
voted and, of the votes cast, at least seventy per cent voted in favour of assigned to him by the Commission.
the issue. APPOINTMENT OF STAFF OF COMMISSION
53. The appointment of officers and other employees of the Electoral
ELECTION OF CANDIDATES Commission shall be made by the Commission acting in consultation
50. (I) Subject to the provisions of this Constitution, where at the with the Public Services Commission.
close of nominations and on the day before a public election ­
(a) two or more candidates have been nominated, the EXPENSES OF COMMISSION CHARGED ON CONSOLIDA TED
election shall be held and the candidate who receives FUND
the largest number of votes cast shall be declared 54. The administrative expenses of the Electoral Commission including
elected; or salaries, allowances and pensions payable to, or in respect of persons
(b) only one candidate is nominated, there shall be no serving with the Commission, shall be charged on the Consolidated
election and that candidate shall be declared elected. Fund.
(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 POLITICAL PARTIES
the election, only one candidate stands nominated, a further period of
ten days shall be allowed for nomination of other candidates, and it shall ORGANIZATION OF POLITICAL PARTIES
not be lawful for any person nominated within that period of ten days 55. ( I ) The right to form political parties is hereby guaranteed.
to withdraw his nomination. (2) Every citizen of Ghana of voting age has the right to join a
(3) Where at the close of nominations under clause (2) of this article political party.
only one candidate stands nominated, there shall be no election and that (3) Subject to the provisions ofthis article, a political party is free
candidate shall be declare elected. to participate in shaping the political will of the people, to disseminate
(4) Where at the close of nominations, but before the election, one information on political ideas, social and economic programmes of a
of the candidates dies, a further period of ten days shall be allowed for national character, and sponsor candidates for elections to any public
nominations; and where the death occurs at any time within twenty-five office other than to District Assemblies or lower local government units.
days before the election, the election in that constituency or unit shall (4) Every political party shall have a national character, and mem­
be postponed for twenty one days. bership shall not be based on ethnic, religious, regional or other sectional
divisions.
REGULATIONS FOR ELECTIONS AND REFERENDA (5) The internal organization of a political party shall conform to
5 1 . The Electoral Commission shall, by constitutional instrument, democratic principles and its actions and purposes shall not contravene
make regulations for the effective performance of its functions under or be inconsistent with this Constitution or any other law.
this Constitution or any other law, and in particular, for the registration (6) An organisation shall not operate as a political party unless it
of voters, the conduct of public elections and referenda, including is registered as such under the law for the time being in force for the
provision for voting by proxy. purpose.
(7) For purposes of registration, a prospective political party shall
REGIONAL AND DISTRICT REPRESENTA TIVES OF COMMISSION furnish the Electoral Commission with a copy of its Constitution and
52. There shall be in every region and district a representative of the the names and addresses of its national officers; and shall satisfY the
41 42
 The Constitution The Constitution

Commission that ­
(a) there is ordinarily resident, or registered as a voter, in RESTRICTION OF CERTAIN PROPAGANDA
each district of Ghana, at least one founding member 56. Parliament shall have no power to enact a law to establish or authorise
of the party; the establishment of a body or movement with the right or power to
(b) the party has branches in all the regions of Ghana and impose on the people of Ghana a common programme or a set of
is, in addition, organised in not less than two-thirds objectives of a religious or political nature.
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.
( 1 0) Subject to the provisions of this Constitution, every citizen of
voting age has the right to participate in political activity intended to
influence the composition and policies of the Government.
( I I ) The State shall provide fair opportunity to all political parties
to present their programmes to the public by ensuring equal access to
the state-owned media.
( 1 2) All presidential candidates shall be given the same amount of
time and space on the state-owned media to present their programmes
to the people.
( 1 3) Every candidate for election to Parliament has the right to
conduct h i s campaign freely and in accordance with law.
( 1 4) Political parties shall be required by law ­
(a) to declare to the public their revenues and assets and
the sources of those revenues and assets; and
(b) to publish to the public annually their audited accounts,
( 1 5) Only a citizen of Ghana may make a contribution or donation
to a political party registered in Ghana.
( 1 6) A member of an organisation or interest group shall not be
required to join a particular political party by virtue of his membership
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.
43 44
 CHAPTER EIGHT The Constitution

THE EXECUTIVE (3) Subject to the provisions of this Constitution, the functions
conferred n the P:esident by clause (I) of this article may be exercised
.
THE PRESIDENT OF GHANA by him either directly or through officers subordinate to him.
57.( 1 ) There shall be a President of the Republic of Ghana who (4) E cept as otherwise prov ded in this Constitution or by a law
. . .
shall be the Head of State and Head of Government and Commander­ not mconslstent With thiS Constltutton, all executive acts of Government
in-Chief of the Armed Forces of Ghana. shall be expressed to be taken in the name of the President.
other persons in
(2) The President shall take precedence over all (5) A constitutional or statutory instrument or any other instrument
Ghana; and in descending order, the Vice-President, the Speaker of made, Issued or executed in the name ofthe President shall be authenticated
Parliament and the Chief Justice, shall take precedence over all other by the signature of a Minister and the validity of any such instrument
persons in Ghana. so authenticated shall not be called in question on the ground that it is
(3) Before assuming office the President shall take and subscribe not made, issued or executed by the President.
before Parliament the oath of allegiance and the presidential oath set out
in the Second Schedule to this Constitution. ABSENCE FROM GHANA
(4) Without prejudice to the provisions of article 2 ofthis Constitution, 59 . The President s all not leave Ghana without prior notification in
. . .
and subject to the operation of the prerogative writs, the President shall wntmg, Signed by him and addressed to the Speaker of Parliament.
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, THE VICE - PRESIDENTAND SUCCESSION TO THE
or purported to be done, or purported to have been done or purporting PRESIDENCY
to be done in the performance of his functions, under this Constitution 60. (I) T?ere shall be a Vice-President of Ghana who shall perform
or any other law. such functIOns as may be assigned to him by this Constitution or by the
(5)The President shall not, while in office as President, be personally President.
liable to any civil or criminal proceedings in court. (2) A c didate for the office of Vice-President shall be designated
(6) Civil or criminal proceedings may be instituted against a person by the candidate for the office of President before the election of the
within three years after his ceasing to be President, in respect of anything President.
done or omitted to be done by him in his personal capacity before or (3) The provisions of article 62 of this Constitution apply to a
during his term of office notwithstanding any period of limitation except candidate for election as Vice-President.
where the proceedings had been legally barred before he assumed the (4) A candidate shall be deemed to be duly elected as Vice-President
office of 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
EXECUTIVE AUTHORITY OF GHANA with the provisions of article 63 of this Constitution.
58. (I) The executive authority of Ghana shall vest in the President () The V ce-Pres dent shall, before commencing to perform the
and shall be exercised in accordance with the provisions of this functIOns ? f Vlce-Presldent, take and subscribe the oath of allegiance
. .
Constitution. and the Vlce-Presldenttal oath set out in the Second Schedule to this
(2) The executive authority of Ghana shall extend to the execution Constitution.
and maintenance ofthis Constitution and all laws made under or continued (6) Whenever the President dies, resigns or is removed from office
in force by this Constitution. 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.

45 46
 The Constitution The Constitution

t u der
(7) Where the unexpired term served by the Vice- residen (a) he is a citizen of Ghana by birth;
exceeds half the term of a Preside nt, the hce­ (b) h e has attained the age of forty years; and
clause (6) of this article . .
as President.
President is subsequently only eligible to serve one full term (c) he IS a person who IS otherwise qualified to be elected
ther
(8) Whenever the President is absent from Ghana or is .for any ? a Member of Parliament, except that the disqualification
esident
reason unable to perform the functions of his office, the Vice-Pr set out in paragraphs (c), (d), and (e) of clause (2) of
.

\
returns
1£ AI' shall perform the func ions o the President until the President article 94 ofthis Constitution shall not be removed, in
'if" tior is able to perform hiS functIOns. respect of any SUC? person, by a presidential pardon
.
(9) The Vice-President shall, before commencmg to perform
the or by the lapse of tIme as provided for in clause (5) of
functions of the President under clause (6) of this article, take and that article.
Constitution
subscribe the oath set out in the Second Schedule to this
ELECTION OF PRESIDENT
in relation to the office of President.
ent 63. ( I ) A perso shall not be a candidate in a presidential election
( 1 0) The Vice-President shall, upon assuming office as Presi .
te a person to the office of Vlce­ unless he IS nommated for election as President by a document
under clause (6) of this article, nomina which
President subject to approval by Parliament.
to
( I I ) Where the President and the Vice-President are b th unable (a) is signed by him; and
functions of the Presiden t, the Speaker of Parh amen shall (b) is signed y not ess than two persons who are registered
perform the .
esident IS able voters reSident In the area of authority of each district
perform those functions until the President or the Vice-Pr
office, as the assembly;
to perform those functions or a new President assumes
(c) is delivered to the Electoral Commission on or before
case may be.
fu ctions the day appointed as nomination day in relation to the
(12) The Speaker shall, before commencing to perform the
( 1 1 ) ofthis article, take and subscrIb e the election;
of the President under clause
oath set out in relation to the office of President. (d)
.
designated a person to serve as Vice-President.
dent
( 1 3) Where the Speaker of Parliament assumes the office ofPres (2) The electIOn of the President shall be on the terms of universal
the PreSident
as a result of the death, resignation or removal from office of adult suffrage and shall, subject to the provisions of this Constitution
within three be cond cte? in a cordance with such regulations as may be prescribed
/l and the Vice-President, there shall be a presidential election
> months after his assumption of office. . . .
apply to
by constItutIOnal Instrument by the Electoral Commission and shall be
.
( 1 4) The provisions of article 69 of thiS ConstItutIon shall held so as to begIn ­
(fId" the removal from office of the Vice-President. (a) where a President is in office, not earlier than four
months nor later than one month before his term of
PUBLIC AND PRESIDENTIAL SEALS office expires; and
6 1 . There shall be a public seal and a presidential seal, the use and (b) in any other case, within three months after the office
custody of which shall, subject to the provisions of this Constitution, be of President becomes vacant;
regulated by law. and shall be hel a such place and shall begin on such date as the
Electoral CommissIOn shall, by constitutional instrument, specify.
QUALIFICA TIONS OF PRESIDENT . (3) !' p e son sh ll not be elected as President of Ghana unless at
PreSident of
62. A person shall not be qualified for election as the the preSidential electIOn the number of votes cast in his favour is more
Ghana unless ­ than fifty per cent of the total number of valid votes cast at the election.

47 48
 The Constitution The Constitution

2)A. declarat ion by the Supreme Court that the

(4) Where at a presidential election there are more than two candidates .
Pres dent IS not valId shall be without prejud
electi f he
ice to anything do
and no candidate obtains the number or percentage of votes specified PreSIdent before the declaration.
y e
in clause (3) ofthis article a second election shall be held within twenty­ (3) The Rules of Court Committee shall, by constit
one days after the previous election. utional instrumen
ake rules of court for the practice and proced
(5) The candidates for a presidential election held under clause (4) ure for petitions to th
upre m e Court chal l engin g the e
l ectio n of a Presi dent.
of this article shall be the two candidates who obtained the two highest
numbers of votes at the previous election. PRESIDENTIA L ELECTION REGULA TIONS
(6) Where at a presidential election three or more candidates obtain 65. The Electoral Comm ission shall, by consti
the two highest numbers of votes referred to in clause (5) of this article, .
m ake regulatlOns for the purpose of giving
tutional instrument
effect to article 63 of thl·s'
then unless there are withdrawals such that only two candidates remain, . .
ConstItutlOn.
another election shall be held within twenty-one days after the previous
election at which the candidates who obtained the two highest numbers
!
TERM OF OFFICE OF PRESIDENT
of votes shall, subject to any withdrawals, be the only candidates and p r n ected as President shall, subjec
the same process shall, subj ect to any withdrawal, be continued until a lc e ? 0 IC for a te
t to clause (3) of
of four years beginning from the date
President is elected. '
on Which h e IS Sworn In as PresIdent.
(7) A presidential candidate under clause (5) or (6) of this article fi (2) A person shall not be elected to hold office as
may, by writing under his hand, withdraw his candidature at any time or more than two terms.
President ofGhana
before the election. (3) The office of President shall become vacan
(8) If after a second presidential election held under clause (4) of t
(a' on t e ex iration of the period specif
_

this article the two candidates obtained an equal number of votes, then, ied in clause (I)
of thIs artIcle; or
notwithstanding any withdrawal, another election shall be held within
(b) if the incumbent dies or resigns
twenty-one days after the election at which the two candidates shall be from office or
cease s t ? hold office under article
the only candidates and the same process shall, subject to any withdrawal, . 69 of this
ConstItutIOn.
be continued until a President is elected. (4) The President may, by writing signed by hl·m, and addresse
(9) An instrument which - . d to
the S pea k er 0 f ParlIa ment, resign from his office as Presid
(a) is executed under the hand of the Chairman of the ent.
Electoral Commission and under the seal of the PRESIDENTIAL MESSA GES
Commission; and 67. The Presi ent sh ll, at the beginning of each
(b) states that the person named in the instrument was session of Parliam ent
and before a dIssolutIOn of Parliament, delive
declared elected as the President of Ghana at the r to Parli ament a message
on the state of the nation.
election of the President,
shall be prima facie evidence that the person named was so elected. CONDITIONS OF OFFICE OF PRESIDENT
68. ( I ) The President shall not, while he continues
CHALLENGING ELECTION OF PRESIDENT in office
as President­
(a) h ld any other office of profit or emolu
64. ( I ) The validity of the election of the President may be challenged . ment whether
pnvate or pubhc and whether directly or indirec
only by a citizen of Ghana who may present a petition for the purpose tly; or
of
to the Supreme Court within twenty-one days after the declaration
.
the result of the election in respect of which the petition is presented
49 50
 The Constitution
The Constitution
(i) which brings or is likely to bring the high office
(b) hold the office of chancellor or head of any university
of President into disrepute, ridicule or contempt;
in Ghana.
or
(2) The President shall not, on leaving office as President, hold any
(ii) prejudicial or inimical to the economy or the
office of profit or emolument, except with the permission of Parliament,
security of the State; or
in any establishment, either directly or indirectly, other than that of the
(c) to be incapable of performing the functions of his
State.
office by reason of infirmity of body or mind.
(3) The President shall receive such salary, allowances and facilities
(2) For the purposes of the removal from office of the
as may be prescribed by Parliament on the recommendations of the
President, a notice in writing­
committee referred to in article 7 1 of this Constitution.
(a) signed by not less than one-third of all the members
(4) On leaving office, the President shall receive a gratuity in addition
of Parliament, and
to pension, equivalent to his salary and other allowances and facilities
(b) stating that the conduct or the physical or mental
prescribed by Parliament in accordance with clause (3) of this article.
capacity of the President be investigated on any of the
(5)
The salary, allowances, facilities, pensions and gratuity referred
grounds specified in clause ( I) of this article,
to in clauses (3) and (4) shall be exempt from tax. .
shal be gIVen to the Speaker who shall immediately inform the Chief
(6) Where the President is removed from office under paragraph .
Jushce and delIver the notice to him copied to the President.
(c) of clause ( \ ) of article 69 of this Constitution or resigns, he shall be
(3) The notice referred to in clause (2) of this article shall be
entitled to such pension and other retiring awards and facilities as
accompanied by a statement in writing setting out in detail the facts,
Parliament may prescribe on the recommendation of the Committee
supported by the necessary documents, on which it is claimed that the
referred to in article 71 of this Constitution.
conduct or the physical or mental capacity of the President be investigated
(7) The salary and allowances payable to the President and any
for the purpose of his removal from office.
pension or gratuity payable to him on leaving office shall be charged on
the Consolidated Fund.
() ubje t to clause 5)
of t is article, the Chief Justice shall, by
constIt tlOnal mstrumen , ImmedIately convene a tribunal consisting of
(8) The salary, allowances, fucilities and privileges of the President .
the ChIef JustIce as Chairman and the four most senior Justices of the
shall not be varied to his disadvantage while he holds office.
upre e Cou;t and the tribunal shall inquire, in camera, whether there
(9) The pension payable to the President and the facilities available
IS a prIma faCIe case for the removal of the President.
in him shall not be varied to his disadvantage during his lifetime.
(5) Wbere 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
REMOVAL OF PRESIDENT the grounds of physical or mental incapacity, the Chief Justice shall in
if he is found, in
69. ( \ ) The President shall be removed from office consultation with the professional head of the Ghana Health Servi es
accorda nce with the provisio ns of this article -
e cause a medical board to be convened which shall consist of not les
(aJ to have acted in wilful violation ofthe oath of allegianc than four eminent medical specialists and the President shall be informed
e
and the presidential oath set out in the Second Schedul
accordingly.
to, or in wilful violation of any other provision of, this
(6) The President shall be invited to submit himself for examination
Constitution; or by the medical board within fourteen days after the appointment ofthe
-
(b) to have conduc ted h i m s e l f in a m anner 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

51 52
 The Constitution

or by a lawyer or other expert or person as the case may be, of his own (e) the holders of such other offices as may be prescribed
choice. by this Constitution or by any other law not inconsistent
(8) The Rules ofCourt Committee shall, by constitutional instrument, with this Constitution.
make rules for the practice and procedure of the tribunal or of the medical (2) The President shall, acting on the advice ofthe Council of State,
board for the removal ofthe President. appoint the Chairman, Deputy Chairmen, and other members of the
(9) Where the tribunal or medical board specified in clauses (4) and Electoral Commission.
(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 DETERMINA TION OF CERTAIN EMOLUMENTS
or mental incapacity unable to perform the functions of his office, the 7 \ . ( I ) The salaries and allowances payable, and the facilities, and
findings shall immediately be submitted to the Speaker of Parliament privileges available, t­
through the Chief Justice and copied to the Pres ident. (a) the Speaker and Deputy Speakers and members of
(10) Parliament shall, within fourteen days after the date of the Parliament;
findings of the tribunal or medical board, move a resolution whether or (b) the Chief Justice and other Justices of the Superior
not the President shall be removed from office. Court of Judicature;
(1 1 ) The resolution for the removal from office of the President (c) the Auditor-General, the Chairman and Deputy Chair­
sball be by a secret ballot and shall be taken to be approved by Parliament men of the Electoral Commission, the Commissioner
if supported by the votes of not less than two-thirds of all the members for Human Rights and Administrative Justice and his
of Parliament after prior debate. Deputies and the District Assemblies Common Fund
(12) The proceedings of Parliament for the removal of the President Administrator;
sball not be held in camera except where Parliament otherwise orders (d) the Chairman, Vice-Chairman and the other members
in the interest of national security. of­
(13) The President shall cease to hold office as President on the (i) National Council for Higher Education howsoever
date Parliament decides that he be removed from o ffice. described;
(ii) the Public Services Commission;
APPOINTMENTS BY PRESIDENT (iii) the National Media Commission;
70. (1) The President shall, acting in consultation with the Council (iv) the Lands Commission; and
of&ate, appoint ­ (v) the National Commission for Civic Education;
(a) the Commissioner for Human Rights and Administra­ being expenditure charged on the Consolidated Fund, shall be determined
tive Justice and his Deputies; by the President on the recommendations of a committee of not more
(b) the Auditor-General; than five persons appointed by the President, acting in accordance with
(c) the District Assemblies Common Fund Administrator; the advice of the Council of State.
(d) the Chairmen and other members of ­ (2) The salaries and allowances payable, and the facilities available,
(i) the Public Services Commission; to the President, the Vice-President, the chairman and the other members
(ii) the Lands Commission; of the Council of State; Ministers of State and Deputy Ministers, being
ii*')<r (iii) the governing bodies of public corporations; expenditure charged on the Consolidated Fund, shall be determined by
(iv) a National Council for Higher Education howso­ Parliament on the recommendations of the committee referred to in
, <it ever described; and clause ( I) of this article.
Ibn

S3 54
 The Constitution The Constitution

(3) For the purposes of this article, and except as otherwise provided EXECUTION OF TREA TIES
in this Constitution, "salaries" includes allowances, facilities and privileges 75. ( I ) The President may execute or cause to be executed treaties,
and retiring benefits or awards. agreements or conventions in the name of Ghana.
(2) A treaty, agreement or convention executed by or under the
PREROGA TIVE OF MERCY authority of the President shall be subject to ratification by
72. (1) The President may, acting in consultation with the Council of (aj Act of Parliament; or
State ­ (bj a resolution of Parliament supported by the votes of
(aj grant to a person convicted of an offence a pardon more than one-half of all the members of Parliament.
either free or subject to lawful conditions; or
(bj grant to a person a respite, either indefinite or for a THE CABINET
specified period, from the execution of punishment 76. ( I ) There shall be a Cabinet which shall consist of the President
imposed on him for an offence; or the Vice-President and not less than ten and not more than ninetee
(cj substitute a less severe form of punishment for a Ministers of State.
punishment imposed on a person for an offence; or (2) The Cabinet shall assist the President in the determination of
(d) remit the whole or part of a punishment imposed on general policy of the Government.
a person or of a penalty or forfeiture otherwise due to (3) There shall be a Secretary to the Cabinet who shall be appointed
Government on account of any offence. by the President.
(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 MEETINGS OF THE CABINET
information derived from the record of the case or elsewhere as may be 77. ( I ) The Cabinet shall be summoned by the President who shall
necessary shall be submitted to the President. preside at all its meetings; and in the absence of the President, the Vice­
(3) For the avoidance of doubt, it is hereby declared that a reference President shall preside.
in this article to a conviction or the imposition of a punishment, penalty, (2) The Cabinet shall regulate the procedure at its meetings.
sentence or forfeiture includes a conviction or the imposition of a
punishment, penalty, sentence or forfeiture by a court-marital or other MiNISTERS OF STA TE
military tribunal. 78. ( 1) Ministers of State shall be appointed by the President with
the prior approval of Parliament from among membe-s of Parliament or
INTERNATIONAL RELA TIONS persons qualified to be elected as members of Parliament, except that
73. The Government of Ghana shall conduct its international affairs the majority of Ministers ofState shall be appointed from among members
in consonance with the accepted principles of public international law of Parliament.
and diplomacy in a marmer consistent with the national interest of Ghana. (2) The President shall appoint such number of Ministers of State
as may be necessary for the efficient running of the State.
DIPLOMATIC REPRESENTA TIONS . (3) A Minister of State shall not hold any other office of profit or
74. (1) The President shall, acting in consultation with the Council emolument whether private or public and whether directly or indirectly
of State, appoint persons to represent Ghana abroad. unless otherwise permitted by the Speaker acting on the recommendations
(2) The President may receive envoys accredited to Ghana. of a committee of Parliament on the ground
(aJ that holding that office will not prtCiudice the work of
a Minister; and
55 56
 The Constitution
(b) that no conflict of interest arises or would arise s a (4) A Minister of State in respect of whom a vote of censure is
result of the M i n i ster holding that o ffice. debated under clause (3) ofthis article is entitled, during the debate, to
be heard in his defence.
DEP UTY MINISTERS . . . (5) Where a vote of censure is passed against a Minister under this
r of State,
79. ( I ) The President may, in consultation w th a Ministe article the President may, unless the Minister resigns his office, revoke
and with the prior approval of Parliam ent, appoint one or I?ore Deputy
his appointment as a Minister.
rs to assist the Ministe r in the perform anc f his functions.
Ministe (6) For the avoidance of doubt this article applies to a Deputy
he IS
(2) A person shall not be appointed a Deputy Minister unless Minister as it applies to a Minister of State.
r of Parliam ent or is qualifie d to be elected as a Membe r of
a Membe
Parliament. . . . r
app les
THE NATIONAL SECURITY COUNCIL
(3) Clause (3) of article 78 applies to a Deputy Minister as It 83. ( 1 ) There shall be a National Security Council which shall
to a Minister of State. consist of­
(a) the President;
OATHS (b) the Vice-President
upon the
80 A Minister of State or Deputy Minister shall not enter (c) the Ministers for the time being holding the portfolios
duties of his office unless he has taken and subscri bed the oath of
of foreign affairs, defence, interior, and finance and
as e ase
allegiance, the oath of Minister of State and the Cabinet oath, such other Ministers as the President may determine;
tutIOn.
may be, set out in the Second Schedu le to this Consti (d) the Chief of Defence Staff and two other members of
the Armed Forces;
TENURE OF OFFICE OF MINISTERS, ETC (e) the Inspector-General of Police and two other members
r shall
8 1 . The office of a Minister of State or a Deputy Ministe of the Police Service, one of whom shall be the Com­
become vacant if- . missioner of Police responsible for Criminal Investi­
(a) his appointment is revoked by the Preside nt; or gations Department;
(b) he is elected as Speaker or Deputy Speaker; or (j) the D irector-General of the Prisons Service;
(c) he resigns from office; or (g) the Director of External Intelligence;
(d) he dies. (h) the Director ofInternal Intelligence;
(i) the D irector of Military Intelligence;
VOTE OF CENSURE OJ the Commissioner ofCustoms, Exercise and Preventive
the votes of
82. ( 1 ) Parliament may, by a resolution supported by Services; and
pass a vote of
not less than two-third of all the members of Parliament, (k) three persons appoi nted by the President.
censure on a Minister of State . . (2) The President shall preside at meetings ofthe National Security
(2) A motion for the resolution referred to in clause (I) of thiS
arllcle
Counci l and in h i s absence the Vice-President shall preside.
shall not be moved in Parliament unless - . . . (3) The President may, acting in consultation with the National
(a) seven days' notice ha been given o the mollon, and Security Council, invite such persons as he considers necessary for any
(b) the notice for the motIOn has been signed by .not les deliberations of the Council.
than one-th ird of all membe rs of Parham ent,
days
(3) The motion shall be debated in Parliament withi fourteen
.
after the receipt by the Speaker of the notice for the motion
57 58
 The Constitution The Constitution
cil
(4) A person invited to participate in the deliberations of the Co (ii) the Minister responsible for finance and such other
under clause (3) of this article shall not vote on any matter for decIsIOn Ministers of State as the President may appoint;
before the Council. (iii) the Government Statistician;
(5) The National Security Council shall regulate the procedure at (iv) the Governor of the Bank of Ghana;
its meetings. . (v) one representative from each region of Ghana
(6) The Secretary to the Cabinet shall be the Secretary to the NatIOnal appointed by the Regional Co-ordinating Council of the
Security Council. region;
(vi) such other persons as may be appointed by the
FUNCTIONS OF THE NA TIONAL SECURITY COUNCIL President having regard to their knowledge and experi­
84. The functions of the National Security Council include­ ence of the relevant areas and roles pertaining to devel­
(aJ considering and taking appropriate me sures to safe­ opment, economic, social, environmental and spatial
guard the internal and external secunty of Ghana; planning.
(b) ensuring the collection of information relating to t? e (3) The National Development Planning Commission shall be
security of Ghana and the integration of the domestic, responsible to the President
foreign and security policies relating to it so as to
enable the security services and other departments and FUNCTIONS OF NA TIONAL
agencies of the Government to co-op rate more er:ec­ DEVELOPMENT PLANNING COMMISSION
tively in matters relating to natIOnal se uflty. 87. ( I ) The Commission shall advise the President on development
(c) assessing and appraising the objectives, commitments planning policy and strategy.
and risks of Ghana in relation to the actual and potentlal (2) The Commission shall, at the request of the President, or
military power in the interest of national security; and Parliament, or on its own initiative ­
(dj taking appropriate measures regarding the consideration (aj study and make strategic analyses of macro-economic
of policies on matters of common interest to the de­ and structural reform options;
partments and agencies ofthe Government concerned (b) make proposals for the development of multi-year
with national security. rolling plans taking into consideration the resource
potential and comparative advantage of the different
ESTABLISHMENT OF SECURITY SER VICES districts of Ghana;
.
85. No agency, establishment or other organizati n concerned wI h (c) make proposals for the protection of the natural and
national security shall be established except as proVided for under this physical environment;
Constitution. (d) make proposals for ensuring the even development
of the districts of Ghana by the effective utilisation of
NA TIONAL DEVELOPMENT PLANNING COMMISSION available resources; and
86. ( I ) There shall be a National Development Planning Commission. (e) monitor, evaluate and co-ordinate development policies,
(2) The Commission shall consist of - . . programmes and projects.
(i) a Chairman who shall be appointed by the PreSident III (3) The Commission shall also perform such other functions relating
consultation with the Council of State; to development planning as the President may direct.

59 60
 The Constitution CHAPTER NINE

THE ATTORNEY-GENERAL THE COUNCIL OF STATE

shall be a
88. (I) There shall be an Atto ey-General o.f Ghana who
to the Gove nment.
Minister of State and the princIpal legal advIser THE COUNCIL OF STA TE
dU les of a
(2) The Attorney-General shall discharge .such other 89. ( I ) There shall be a Council of State to counsel the President in
as may be referred or assi ed to hIm by the PresIdent, or the performance of his functions.
legal nature .
or any o e l aw.
impose d on him by thi s Consti tutIOn . (2) The Council of State shall consist of­
( 3) The Attorne y-Gene ral shall b e respons ible for the mltJatlOn and (a) the following persons appointed by the President in
conduct of all prosecutions of criminal offences. . consultation with Parliament ­
c of Ghana
(4) All offences prosecuted in the name of the Repubh . (i) one person who has previously held the office of
l or any other person authonsed
shall be at the suit of the Attorney-Genera Chief Justice.
by him in accordance with any law. . . . (ii) one person who has previously held the office
o
(5) The Attorney-General shall be responsible for the mstJtut! of Chief of Defence Staff of the Armed Forces
State; and all cIvIl
and conduct of all civil cases on behalf of the of Ghana;
the Attorney­
proceedings against the State shall be instituted against (iii) one person who has previously held the office
General as defendant. of Inspector-General of Police;
(6) The Attorney-General shall have audience in all courts in Ghana. (b) the President of the National House of Chiefs;
)
(c one representative from each region ofGhana elected,
in accordance with regulations made by the Electoral
Commission under article 5 1 of this Constitution, by
an electoral college comprising two representatives
from each of the districts in the region nominated by
the D i strict A s s e m b l i e s in the regio n ; 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; or
(b) becomes permanently incapacitated; or
(c) is removed from office or dies.

61 62
 The Constitution The Constitution

(6) The appointment of a member of the Counci l of Sta e may be this Constitution or any other law to be made in accordance with the
.
terminated by the President on grounds of stated misbehavIOur or of advice of, or in consultation with, the Council of State.
inability to perform his functions arising from infirmity of body or mind, (2) The advice referred to in clause ( I ) of this article shall be given
and with the prior approval of Parliament. not later than thirty days after the receipt of the request from the President
(7) The Chairman and members of the Council of State s all e or other authority.
entitled to such allowances and privileges as may be determined In (3) The Council of State may, upon request or on its own initiative,
accordance with article 71 of this Constitution. consider and make recommendations on any matter being considered
(8) The allowances and privileges ofthe Chairman and other members or dealt with by the President, a Minister of State, Parliament or any
of the Council of State shall be charged on the Consolidated Fund and other authority established by this Constitution except that the President,
shall not be varied to their disadvantage while they hold office. Minister of State, Parliament or other authority shall not be required to
act in accordance with any recommendation made by the Council of
STA TE
CONSIDERATION OF BILLS BY THE COUNCIL OF State under this clause.
e or passe.d by
90. ( I ) A bill which has been published in he Gazett. (4) The Council of State shall perform such other functions as may
be consid ered by the Counc il of State If the President be assigned to it by this Constitution or any other law not inconsistent
Parliament shall
so requests. . with this Constitution.
be
(2) A request from the President for consideration of a bill may ,
fo rth the en ents or change MEETINGS OF COUNCIL OF STA TE
accompanied by a statement setting
by the Council
if any , which the President proposes for consideratIOn 92. ( I ) the Council of State shall meet for the dispatch of business at
of State. least four times in a year at such time and place as the Chairman may
(3) Consideration of a bill under clause ( I ) of this
article shall be determine.
after the third reading in Parliam ent of that (2) The Council of State shall also meet if requested by ­
completed within thirty days .
certificate of urge.nc ,
bill except that where the bill was passed under a . (a) the President; or
the President within
the Council of State shall consider it and report to (b) Parliament; or
seventy-two hours. (c) not less than five members of the Council.
an endment
(4) Where the Counc il of State decides not to propose (3) The Council of State shall hold its meetings in camera but may
the decIsIOn of the
to a bill the Chairman shall, within seven days after admit the public to any meetings whenever it considers it appropriate.
effect addressed to
Council, transmit the bill with a certificate to that (4) The Chairman of the Council of State shall preside at every
the President. meeting of the Council, and in his absence, a member of the Council
amendments to
(5) Where the Council of State decides to propose elected by the members of the Council shall preside.
forth the amend me ts prop? d (5) A question for decision by the Council of State shall not be
a bill, the bill, with a memorandum setting
bill, shall be transm itted by the Chairm an to the President Wl01n proposed for determination unless there are present in the Council more
on the
by the Council of
fifteen days after the conclusion of the consideration than one-half of all the members of the Council.
State. (6) Except as otherwise provided in this Constitution, the question
proposed shall be determined by the majority of the members present
OTHER FUNCTIONS OF THE COUNCIL and voting.
th Presi ent or
9 1 . ( I ) the Counci l of State shall consider and advis
IS reqUired by
any other authority in respect of any appointment which

63 64
 The Constitution CHAPTER TEN
comI? itt es
(7) The Council of State may, at any time, appoint an THE LEGISLATURE
to them any matter or mvestI gatlOn
it considers appropriate and assign
which the Counci l may determi ne. . COMPOSITION OF PARLIAMENT
resld nt,
(8) The Council of State may, with the a proval o th THE PARLIAMENT OF GHANA
slst It m deal.mg
commission experts and consultants to advise .I or to a: 93 . (I) There shall be a Parliament of Ghana which shall consist of not
on such terms and conditi ons as It may determ ne.
with any specific issue less than one hundred and forty elected members.
to, or IS a
(9) A member of the Counc il of State who is a party (2) S ubject to the provisions of this Constitution, the legislative
is a party to a contrac t wit the Govern ment
partner in, a firm which . power of Ghana shall be vested in Parliament and shall be exercised in
g to the contract,
shall, in any proceedings in the Council of State relatm accordance with this Constitution.
not vote on any
declare his interest or the interest ofthat firm and shall
question relating to that contract. . . . QUALIFICA TIONS AND ELIGIBILITY
mvalidated
( 10) The proceedings of the Council of State shall not be 94. ( 1 ) Subject to the provisions of this article, a person shall not be
by ­ qualified to be a member of parliament unless ­
not
(aj a vacancy in its membership, including a vacancy (aj he is a citizen ofGhana, has attained the age of twenty­
filled when the Counc il first meets; and . one years and is a registered voter;
ntItied
(bj the presence or participation of a person not (bj he is resident in the constituency for which he stands
to be present or to partici pate in the proceedmgs of as a candidate for election to Parliament or has resided
the Council. . there for a total period of not less than five years out
Council of
( 1 \ ) Subject to the provisions of this Constitution, the of the ten years immediately preceding the election
State may regulate its own procedure. for which he stands, or he hails from that constituency;
and
(c) he has paid all his taxes or made arrangements satis­
factory to the appropriate authority for the payment
of his taxes.
(2) A person shall not be qualified to be a member of Parliament
ifhe -
(aj owes allegiance to a country other than Ghana; or
(b) has been adj u dged or otherwise declared ­
(i) bankrupt under any law in force in Ghana and
has not been discharged; or
(ii) to be of unsound mind or is detained as a
criminal lunatic under any law in force in
Ghana; or
(c) has been convicted ­
(i) for high crime under this Constitution or high
treason or treason or for an offence involving the

65 66
 The Constitution The Constitution

security of the State, fraud, dishonesty or moral the Immigration Service, or the Internal Revenue
turpitude; or Service; or
(ii) for any other offence punishable by death or by (c) is a chief.
a sentence of not less than ten years; or (4) For the purposes of paragraph (d) of clause (2) of this article,
.
(iii) for an offence relating to, or connected with III the c e of an'y f ing made by a commission or committee of inquiry
election under a law in force in Ghana at any time; whIch IS not a JudIcIal or quasi-judicial commission or committee of
or inquiry, without prejudice to any appeal against or judicial review of
(d) has been found by the report of a commission or that finding, the finding shall not have the effect of disqualifYing a person
committee of inquiry to be incompetent to hold public under that paragraph unless it has been confirmed by a Government
office or is a person in respect of whom a commission white paper.
or committee of inquiry has found that while being a (5) A person shall not be taken to be disqualified to be a member
public officer he acquired assets unlawfully or defraud­ of Parliament under paragraph (c) or (d) of clause (2) of this article if­
ed the State or misused or abused his office, or wilfully (a) ten years or more have passed since the end of the
acted in a manner prejudicial to the interest of the sentence or the date of the publication of the report of
State, and the findings have not been set aside on the commission or comm ittee of inquiry; or
appeal or judicial review; or (b) he has been pardoned.
(e) is under sentence of death or other sentence of impris­
onment i mposed on h i m by any court; or THE SPEAKER
(f) is not qualified to be registered as a voter under any 95. ( I ) There shall be a Speaker of Parliament who shall be elected by
law relating to public elections; or the members of Parliament from among persons who are members of
(g) is otherwise disqualified by a law in force at the time Parliament or who are qualified to be elected as members of Parliament.
ofthe coming into force of this Constitution, not being (2) The Speaker shall vacate his office ­
inconsistent with a provision of this Constitution. (a) ifhe becomes a Minister of State or a Deputy Minister;
(3) A person shall not be eligible to be a member of Parliament if or
he ­ (b) if he resigns from office by writing signed by him and
(a) is prohibited from standing election by a law in force addressed to the Clerk to Parliament; or
in Ghana by reason of his holding or acting in an office (c) if any circumstances arise that, ifhe were not Speaker,
the functions of which involve a responsibility for or would disqualifY him for election as a member of
are connected with the conduct of, an election or Parliament; or
responsibility for, the compilation or revision of an (d) ifhe is removed from office by a resolution of Parlia­
electoral register; or ment supported by the votes of not less than three­
(b) is a member of the Police Service, the Prisons Service, quarters of all the members of P arliament .
the Armed Forces, the Judicial Service, the Legal (3) No business shall be transacted in Parliament other than an
Service, the Civil Service, the Audit Service, the lection to the office of Speaker, at any time when the office of Speaker
Parliamentary Service, the Statistical Service, the Fire IS vacant.

Service, the Customs, Exercise and Preventive Service, (4) A pe son el cted to the office of Speaker shall, before entering
upon the dutIes of hIS office, take and subscribe before Parliament the

67 68
 The Constitution The Constitution

oath of allegiance and the Speaker's oath set out in the Second Schedule (e) if any circumstances arise such that, if he were not a
to this Constitution. ember ofP a;liament, would cause him to be disqual­
(5) The Speaker shall receive such salary and allowances, and on .
Ified or melIglble for election, under article 94 of this
retirement, such retiring awards as may be determ ined in accordance Constitution; or
with article 71 of this Constitution. (f) if he resigns from office as a member of Parliament
(6) The salary and allowances payable to the Speaker and any retiring by writing under his hand addressed to the Speaker;
awards payable to him on retirement shall be charged on the Consolidated or
Fund. (g) ifhe leaves the party of which he was a member at the
(7) The salary and other allowances payable to the Speaker shall time of his election to Parliament to join another party
not be varied to his disadvantage during his tenure of office. or seeks to remain in Parliament as an independent
member; or
DEPUTY SPEAKERS (h) ifhe was elected a member of Parliament as an inde­
96. ( I ) There shall be two Deputy Speakers of Parliament - pendent candi date and j oins a pol itical party.
(a) who shall be elected by the members of Parliament (2) Notwithstanding paragraph (g) of clause ( I ) of this article a
from among the members of Parliament; and merger of parties at the national level sanctioned by the parties' Con;ti­
.
(b) both of whom shall not be members of the same tutlOns or membership of a coalition government of which his original
political party. party forms part, shall not affect the status ofany member of Parliament.
(2) The members of Parliament shall elect a person to the office of
Deputy Speaker when Parliament first meets after a dissolution of EMOLUMENTS OF MEMBERS
Parliament and if the office becomes vacant otherwise than by reason 98. ( I ) A member of Parliament shall be paid such
salary and allowances
of a dissolution of Parliament, at the first sitting of Parliament after the and provided with such facilities as may be determ
ined in accordance
office becomes vacant. with article 7 1 of this Constitution.
(3) The provisions of clause (2) of article 95 of this Constitution (2) A member o f Parliament shall not hold any office
. of profit or
shall apply in the case of a Deputy Speaker. emolument, whether pnvate or public and either directly or indirectly,
.
unless permItted to do so by the speaker acting on the
recommendations
TENURE OF OFFICE OF MEMBERS of a committee of Parliament on the grounds that -
97. ( I ) A member of Parliament shall vacate his seat in Parliament ­ (a) holding that office will not prejud ice the work
of a
(a) upon a dissolution of Parliament; or member of Parliament; and
(b) if he is elected as Speaker of Parliament; or (b) no conflict of interest arises or would arise as
a result
(c) if he is absent, without the permission in writing of of the member holding that office.
the Speaker and he is unable to offer a reasonable
explanation to the Parliamentary Committee on Priv­ DETERMINA TION OF MEMBERSHIP
ileges from fifteen sittings of a meeting of Parliament 99. (II The High Court shall have jurisdiction to hear
and determ ine any
during any period that Parliament has been summoned questIOn whether -
to meet and continues to meet; or (a) a person has been validly elected as a membe
r of
(d) if he is expelled from Parliament after having been Parliament or the seat of a member has become vacant
'·
found guilty of contempt of Parliament by a committee or
of Parliament; or
69 70
 The Constitution The Constitution

(b) a person has been validly elected as a Speaker of (4) Every member of Parliament shall be a member of at least one
Parliament or, having been so elected, has vacated the of the standing committees.
office of Speaker. (5) The composition of the committees shall, as much as possible,
(2) A person aggrieved by the determination of the High Court reflect the different shades of opinion in Parliament.
under this article may appeal to the Court of Appeal. (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
PROCEDURE IN PARLIAMENT at a trial for ­
(a) enforcing the attendance of witnesses and examining
OA TH OF MEMBERS them on oath, affirmation or otherwise;
100. (1) A member of Parliament shall, before taking his seat in Parliament, (b) compelling the production of documents; and
take and subscribe before the Speaker and in the presence of the members (c) issuing a commission or request to examine witnesses
of Parliament, the oath of allegiance and the oath of member of Parliament abroad.
set out in the Second Schedule ofthis Constitution.
(2) A member of Parliament may, before taking the oaths referred VOTING IN PARLIAMENT
to in clause (I) of this article, take part in the election of the Speaker. 104. (I) Except as otherwise provided in this Constitution, matters in
Parliament shall be determined by the votes of the majority of members
PRESIDING IN PARLIAMENT present and voting, with at least half of all the members of Parliament
1 0 1 . The Speaker shall preside in Parliament at all sittings and in his present.
absence the Deputy Speaker shall preside. (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
QUORUM IN PARLIAMENT lost.
102. A quorum of Parliament, apart from the person presiding, shall be (4) Where Parliament is considering a bill to amend the Constitution,
one-third of all the members of Parliament. 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.
COMMITTEES OF PARLIAMENT (5) A member who is a party to or a partner in a firm which is a
103.(1) Parliament shall appoint standing committees and other committees party to a contract with the Government shall declare his interest and
as may be necessary for the effective discharge of its functions. shall not vote on any question r e l ating to the contract.
(2) The standing committees shall be appointed at the first meeting
ofParliament after the election of the Speaker and the Deputy Speakers. UNQUALIFIED PERSON SITTING OR VOTING
(3) Committees of Parliament shall be charged with such functions, 1 05. A person who sits or votes in Parliament knowing or having
including the investigation and inquiry into the activities and administration reasonable grounds for knowing that he is not entitled so to do commits
of ministries and departments as Parliament may determine; and such an offence and shall be liable on conviction, to such penalty as shall be
investigation and inquiries may extend to proposals for legislation. prescribed by or under an Act of Parliament.

MODE OF EXERCISING LEGISLA TIVE POWER

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

71 72
 The Constitution The Constitution

(2) No bill, other than such a bill! as is referred to in paragraph (a) (9) Parliament shall reconsider a bill taking into account the comments
of article 1 08 of this Constitution, shall be introduced in Parliament made by the President or the Council of State, as the case may be, under
unless ­ clause (8) of this article
(a) it is accompanied by an explanatory memorandum ( 1 0) Where a bill reconsidered under clause (9) of this article is
setting out in detail the policy and principles of the passed by Parliament by a resolution supported by the votes of not less
bill, the defects of the existing law, the remedies than two-thirds of all the members of Parliament, the President shall
proposed to deal with those defects and the necessity assent to it within thirty days after the passing of the resolution.
for its introduction; and ( I I ) Without prejudice to the power of Parliament to postpone the
(b) it has been published in the Gazette at least fourteen operation of a law, a bill shall not become law until it has been duly
days before the date of its introduction in Parliament. passed and assented to in accordance with the provisions of this Consti­
(3) A bill affecting the institution of chieftaincy shall not be introduced tution and shall not come into force unless it has been published in the
in Parliament without prior reference to the National House of Chiefs. Gazette.
(4) Whenever a bill is read the first time in Parliament, it shall be ( 1 2) The provisions of clauses (7) to ( 1 0) of this article shall not
referred to the appropriate committee appointed under article 103 of this apply to a bill certified by the Speaker as a bill to which the provisions
Constitution which shall examine the bill in detail and make all such of article \08 of this Constitution apply; and accordingly, the President
inquiries in relation to it as the Committee considers expedient or shall give his assent to any such bill when presented for assent.
necessary. ( 1 3 ) Where it is determined by a committee of Parliament appointed
(5) Where a bill has been deliberated upon by the appropriate for the purpose that a particular bill is of an urgent nature, the provisions
committee, it shall be reported to Parliament. ofthe preceding clauses of this article, other than clause ( I ) and paragraph
(6) The report of the committee, together with the explanatory (a) of clause (2) shall not apply, and accordingly, the President shall
memorandum to the bill, shall form the basis for a full debate on the bill give his assent to the b i l l on its presentation for assent.
for its passage, with or without amendments, or its rejection, by Parliament. ( 1 4) A bill introduced in Parliament by or on behalf ofthe President
(7) Where a bill passed by Parliament is presented to the President shall not be delayed for more than three months in anv . committee of
for assent he shall signifY, within seven days after the presentation, to Parliament.
the Speaker that he assents to the bill or that he refuses to assent to the
bill, unless the bill has been referred by the President to the Council of RETROACTIVE LEGISLATION
State under article 90 of this Constitution. 1 0 7 . Parl i am ent shall have n o power to pass any law _

(8) Where the President refuses to assent to a bill, he shall, within (a) to alter the decision or judgment of any court as between
fourteen days after the refusal ­ the parties subject to t at decision or judgment; or
.
(a) state in a memorandum to the Speaker any specific (b) whIch operates retrospectIvely to impose any limitations
provisions of the bill which in his opinion should be on or to adversely affect the personal rights and liberties
reconsidered by Parliament, including his recommen­ of any person or to impose a burden, obligation or
dations for amendments if any; or liability on any person except in the case of a law
(b) inform the Speaker that he has referred the bill to the enacted under article 1 78 to 1 82 of this Constitution.
Council of State for consideration and comment under
article 90 of this Constitution.

73 74
SETTLEMENT OF FINANCIAL MA TTERS dissolution of Parliament; and the presence or the participation of a
1 08. Parliament shall not, unless the bill is introduced or the motion is person not entitled to be present or to participate in the proceedings of
introduced by, or on behalf of, the President ­ Parliament shall not invalidate these proceedings.
(aj proceed upon a bill including an amendment to a bill,
that, in the opinion of the person presiding, makes A TTENDANCE IN PARLIAMENT
provision for any of the following ­ OF VICE-PRESIDENT AND MINISTERS
(i) the imposition of taxation or the alteration of I l l . The Vice-President, or a Minister or Deputy Minister who is not
taxation otherwi se than by reduction; or a member of Parliament, shall be entitled to participate in the proceedings
(ii) the imposition of a charge on the Consolidate of Parliament and shall be accorded all the privileges of a member of
Fund or other public funds of Ghana or the Parliament except that he is not entitled to vote or to hold an office in
alteration of any such charge otherwise than Parliament.
by reduction; or
(iii) the payment, issue or withdrawal from the
Consolidated Fund or other public funds of Ghana SUMMONING, DISSOLUTION, ETC
of any moneys not charged on the Consolidated
Fund or any increase in the amount ofthat payment, SESSIONS OF PARLIAMENT
issue or withdrawal; or 1 1 2. ( I ) A session of Parliament shall be held at such place within Ghana
(iv) the composition or remission of any debt due to and shall commence at such time as the Speaker may, by constitutional
the Government of Ghana; or instrument, appoint.
(bj proceed upon a motion, including an amendment (2) A session of Parliament shall be held at least once a year, so
to a motion, the effect of which, in the opinion of that the period between the last sitting of Parliament in one session and
the person presiding, would be to make provision for the first sitting of Parliament in the next session does not amount to
any of the purposes specified in paragraph (a) of this twelve months.
article. (3) Notwithstanding any other provision of this article, fifteen per
cent of members of Parliament may request a meeting of Parliament;
PROFESSIONAL ORGANISATIONS and the Speaker shall, within seven days after the receipt of the request,
109. ( \ ) Parliament may by law regulate professional, trade and business summon Parliament.
organisations. (4) Subject to clause (2) of article 1 1 3 of this Constitution, a general
(2) The affairs of an organisation referred to in clause ( I ) of this election of members of Parliament shall be held within thirty days before
article shall be conducted on democratic lines. the expiration of the period specified in clause ( I ) of that article; and a
session of Parliament shall be appointed to commence within fourteen
STANDING ORDERS OF PARLIAMENT days after the expiration of that period.
1 1 0. ( I ) Subject to the provisions of this Constitution, Parliament may, (5) Whenever a vacancy occurs in Parliament, the Clerk to Parliament
by standing orders, regulate its own procedure. shall notifY the Electoral Commission in writing within seven days after
(2) Parliament may act notwithstanding a vacancy in its membership, the vacancy occurred, and a by-election shall be held within thirty days
including a vacancy not filled when Parliament first meets after a after the vacancy occurred

75 76
 The Constitution The Constitution

(6) Notwithstanding clause (5) of this article, a by-election shall not PRIVILEGES AND IMMUNITIES
.
be held within three months before the holding of a general electIOn.
FREEDOM OF SPEECH AND OF PROCEEDINGS
DISSOL UTION OF PARLIAMENT . l i S . There shall be freedom of speech, debate and proceedings in
1 1 3 . ( I ) Subject to clause (2) of this article, Parliament shall contmue Parliament and that freedom shall not be impeached or questioned in
for four years from the date of its first sitting and shall then stand any court or place out of Parliament.
dissolved. .
(2) At any time when Ghana s actually engaged in war, Parhament IMMUNITY FR OM PROCEEDINGS FOR ACTS IN PARLIA MENT
less
may, from time to time by resolutIOn supported by the votes ofn t 1 1 6 .( 1 ) Subject to the provisions of this article, but without prejudice
of
than two-thirds of all the members of Parliament, extend the penod to the general effect of article l i S of this Constitution, civil or criminal
four years specified in clause ( I ) ofthis article fo r not more than twelve proceedings shall not be instituted against a member of Parliament in
months at a time, except that the life of Parliament shall not be extended y ourt or place out of Parliament for any matter or thing brought by
under this clause for more than four years. . him m or before Parliamen t by petition, bill, motion or otherwise.
(3) Where, after a dissolution of Parliament but .before the h.oldmg (2) Whenever in the opinion of the person presiding in Parliament
of a general election, the President is satisfied that owmg to the eXistence a statement made by a member is prima facie defamatory of any person,
of a state of war or of a state of public emergency in Ghana or any part the person presiding shall refer the matter for inquiry to the Parliamentary
of Ghana it is necessary to recall Parliament, the President shall cause committee on privileges which shall report its findings to Parliament
to be su moned the Parliame nt that has been dissolve d to .eet. not later than thirty days after the matter was referred to it.
(4) Unless the life of Parliament is extended under the pro lslOns (3) Where the committee referred to in clause (2) of this article
of clause (2) of this article, the general election ofmembers ofParlll ment reports to Parliament that the statement made by the member is defamatory
shall proceed and the Parliament that has been recalled . shall, If not of any person, the member who made the statement shall, within seven
sooner dissolved, again stand dissolved on the date appomted for the days after that period, render an apology at the bar of Parliament the
general election. terms of w h ich shall be approved by the Parliame n t ary
committee on privileges and communicated to the person who has been
GRA TUITIES FOR MEMBERS OF PARLIA MENT defamed.
1 14. ( 1 ) A person who has served as a member of Parliament for a period (4) Where a member refuses to render an apology in accordance
of not less than four years shall be eligible, on ceasing to be a member with clause (3) of this article, the Speaker shall suspend that member
or on his death, for the payment of such gratuity to him or ?is personal for the duration of the session of Parliament in which the defamatory
representatives, as the case may be, as shal be determme by .the statement was made and a member so suspended shall lose his parlia­
President, acting in consultation with the committee referred to In article mentary privileges, immunities and remuneration, but they shall be
7 1 ofthis Constitution. restored to him if, at any time before the end of the session, he renders
(2) For the purpose of clause ( 1 ) of this article, the period f four the apology as required by clause (3) ofthis article.
years specified in that clause shall be interpreted to me four contmuous (5) A person who has made a contemporaneous report of the
as
years, and accordingly, any peri d whe? the mem er IS out of office proceedings in Parliament, including a statement which has been the
e than by dissolutI On of Parhame nt, shall not be , subj ect of an inquiry under clause (2) of this article, shall publish the
a member, otherwis
taken into account. apology referred to in clause (3) of this article or the suspension or the

77 78
apology referred to in clause (4) of this article with the same prominence entitled, in respect of his evidence, or the production of the document,
as he published the first report. as the case may be, to the same privileges as ifhe were appearing before
(6) If a person fails to publish the apology as required by clause (5) a court.
of this article, he shall not be protected by privilege. (2) A public officer shall not be required to produce before Parliament
a document where ­
IMMUNITY FROM SER VICE OF PROCESS AND ARREST (a) the Speaker certifies ­
1 1 7. Civil or criminal process coming from any court or place out of (i) that the document belongs to a class of documents,
Parliament shall not be served on, or executed in relation to, the Speaker the production of which is injurious to the public
or member or the Clerk to Parliament while he is on his way to, attending interest; or
at or returning from, any proceedings of Parliament. (ii) that disclosure of the contents of the
document will be injurious to the public interest;
IMMUNITY FROM WITNESS SUMMONS or
1 1 8. ( I ) Neither the Speaker, nor a member of, nor the Clerk to, Parliament (b) the National Security Council certifies ­
shall be compelled, while attending Parliament to appear as a witness (i) that the document belongs to a class of documents,
in any court or place out of Parliament. the production of which is prejudicial to the
(2) The certificate of the Speaker that a member or the Clerk is security ofthe State; or
attending the proceedings of Parliament is conclusive evidence of (ii) that disclosure of the contents of the document
attendance at Parliament. will be prejudicial to the security of the State.
(3) where there is a doubt as to the nature of a document such as
IMMUNITY FROM SER VICE AS JUROR is referred to in clause (2) of this article, the Speaker or the National
1 1 9. Neither the Speaker, nor a member of, nor the Clerk to, Parliament Security Council, as the case may be, shall refer the matter to the Supreme
shall be required to serve on a jury in any court or place out of Parliament. Court for determination whether the production, or the disclosure ofthe
contents, of the document would be injurious to the public interest or,
IMMUNITY FOR PUBLICA TION OF PROCEEDINGS as the case may be, prejudicial to the security of the State.
1 20. Subject to the provisions of this Constitution, a person shall not be (4) An answer by a person to a question put by Parliament shall not
under any civil or criminal liability in respect of the publication be admissible in evidence against him in any civil or criminal proceedings
of­ out of Parliament, except proceedings for perjury brought under the
(a) the text or a summary of any report, papers, minutes, criminal law.
votes and proceedings of P arl i am ent; o r
(b) a contemporaneous report o f the proceedings of Par­
liament; CONTEMPT OF PARLIAMENT
unless it is shown that the publication was effected maliciously or
otherwise without good faith. GENERAL CONTEMPT
122. An act or omission which obstructs or impedes Parliament in the
PRIVILEGES OF WITNESSES performance of its functions or which obstructs or impedes a member
1 2 1 . ( I ) A person summoned to attend to give evidence or to produce or officer of Parliament in the discharge of his duties, or affronts the
a paper, book, record or other document before Parliament, shall be

79 80
 either directly or indirectly to THE JUDICIARY
dignity of Parliament or which tends .
ament.
produce that result, is contempt of Parh
GENERAL
CRIMINAL PROCEEDINGS .
itutes contempt ? fParhament THE JUDICIAL POWER OF GHANA
1 23. Where an act or omission which const
the exercise by Parl am nt .of the 1 25. ( 1 ) Justice emanates from the people and shall be administered in
is an offence under the criminal law,
r contempt shall not be a bar to the mstitutlOn of the name of the Republic by the Judiciary which shall be independent
power to punish fo
and subject only to this Constitution,
proceedings under the criminal law.
(2) Citizens may exercise popular participation in the administration
ofjustice through the institutions of public and customary tribunals and
THE PARLIAMENTAR Y SER VICE
Service which shall form part the j ury and assessor systems.
1 24. (I) There shall be a Parliamentary
(3) The judicial power of Ghana shall be vested in the Judiciary,
ofthe public services of Ghana. . . .
ce Board which shall consist accordingly, neither the President nor Parliament nor any organ or agency
(2) There shall be a Parliamentary Servi
of the President or Parliament shall have or be given fmal judicial power.
of-
(aj the Speaker, as chairman; (4) The Chief Justice shall, subject to this Constitution, be the
shall be appointed Head of the Judiciary and shall be responsible for the administration
(bj four other members all of whom
with the advice
by the Speaker, acting in accordance and supervision of the Judiciary.
of a committee of Parlia ment ; and ( 5 ) The Judiciary shall have j urisdiction in all matters civil and
(c) the Clerk to Parliament. criminal, including matters relating to this Constitution, and such other
t who shall be the head of jurisdiction as Parliament may, by law, confer on it.
(3) There shall be a Clerk to Parliamen
the Parliamentary Service. .
the other m:mbers of his s ff COMPOSITION AND MODE OR
(4) The appointment of the Clerk and
?y the P hamentary e lce EXERCISE OF POWER OF JUDICIARY
in the Parliamentary Service shall be made
the Publ ic Ser lces C mml ss\On . 126. (I) The Judiciary shall consist of­
Board in cons ultat ion with
s all, Ith the pnor app o al (aj The Superior Courts of Judicature comprising­
(5) The Parliamentary Service Boar
ations, by const itutIO nal mstrument, prescnbmg (i) the Supreme Court;
ofParliament, make regul
the officers and ther employ.ees (ii) the Court of Appeal; and
the terms and conditions of service of
ce and gener ally for the effective and effiCient (iii) the High Court and Regional Tribunals.
in the Parliamentary Servi
ce. (b) such lower courts or tribunals as Parliament may by
administration of the Parliamentary Servi
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.

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(3) Except as otherwise provided in this Constitution or as may (7) F or the purposes of clause ( 1 ) of this article, "financial
otherwise be ordered by a court in the interest of public morality, public admini stration" includes the operation of banking facil ities by the
safety or public order, the proceedings of every court shall be held in Judiciary without the interference of any person or authority, other than
public. . ' . for the purposes of audit by the Auditor-General, of the funds voted by
(4) In the exercise of the judicial power conferred on the JudIciary Parliament or charged on the Consolidated Fund by this Constitution or
by this Constitution or any other law, the Superior Courts may, i rel tion any other law, for the purposes of defraying the expenses of the judiciary
to any matter within their jurisdiction, issue such orders and dIrectIOns in respect of which the funds were voted or charged.
as may be necessary to ensure the enforcement of any judgment, decree
or order of those courts. THE SUPREME COURT

INDEPENDENCE OF THE JUDICIAR Y COMPOSITION AND MODE OF

127.( 1 ) In the exercise of the judicial power of Ghana, the Judiciary, in EXERCISE OF POWER OF JUDICIA R Y
both its judicial and administrative functions, including financial 1 28 . ( I ) The Supreme Court shall consist o f the C h ief Justice and not
administration, is subject only to this Constitution and shall not be subject less than nine other Justices of the Supreme Court.
to the control or direction of any person or authority. (2) The Supreme Court shall be duly constituted for its work by not
(2) Neither the President nor Parliament nor any person acting under less than five Supreme Court Justices except as otherwise provided in
the authority of the President or Parliament nor any other person article 1 3 3 of this Constitution.
whatsoever shall interfere with Judges or judicial officers or other persons (3) The Chief Justice shall preside at sittings of the Supreme Court
exercising judicial power, in the exercise of their judicial functions; and and in his absence, the most senior of the Justices of the Supreme Court,
all organs and agencies of the State shall accord to the courts such as constituted, shall preside.
assistance as the courts may reasonably require to protect the (4) A person shall not be qualified for appointment as a Justice of
independence, dignity and effectiveness of the courts, subj ect to this the Supreme Court unless he is of high moral character and proven
Constitution. integrity and is of not less than fifteen years' standing as a lawyer.
(3) A Justice ofa Superior Court, or any person exercising judicial
power, shall not be liable to any action or suit for any act or omission GENERAL JURISDICTION OF SUPREME COURT
by him in the exercise of the judicial power.
.
. 129. ( I ) The Supreme Court shall be the final court of appeal
. , and shall
(4) The administrative expenses of the JudIcIary, l cludIng all have such appellate and other jurisdiction as may be conferre
d on it by
salaries, allowances, gratuities and pensions payable to or In resp ct of, this Constitution or by any other law.
persons serving in the judiciary, shall be charged on the Consohdated (2) The Supreme Court shall not be bound to fo llow the decision
Fund. of any other court.
(5) The salary, allowances, privileges and rights in respect of le ve (3) The Supreme Court may, while treating its own previous
decisions
of absence, gratuity, pension and other conditions of service of a Jusuce as normally binding, depart from a previou
s decision when it appears
.
of the Superior Court or any judicial officer or other person exercIsIng to it right to do so; and all other courts shall be bound to
fo llow the
j u d i c i a l power, s h a l l n o t be varied to h i s d is a?vantage. decisions of the Supreme Court on questions of law.
(6) Funds voted by Parliament, or charged on the ConsolIdate? :und (4) For the purposes of hearing and determining a matter within
its
by this Constitution for the Judiciary, shall be released to the JUdICIary, and the amendment, execution or the enforcement of a
in quarterly instalments. or order made on any matter, and for the purposes of any other
, expressly or by necessary implication given to the Suprem
e
83 84
 The Constitution

Court by this Constitution or any other law, the Supreme Court shall Court in any cause or matter, civil or criminal, and may grant leave
have all the powers, authority and jurisdiction vested in any court accordingly.
established by this Constitution or any other law. (3) The Supreme Court shall have appellate jurisdiction, to the
exclusion of the Court of Appeal, to determine matters relating to the
ORIGINAL JURISDICTION OF SUPREME COURT conviction or otherwise of a person for high treason or treason by the
1 30. ( 1 ) Subject to the jurisdiction o fthe High Court in the enforcement High Court.
of the Fundamental Human Rights and Freedoms as provided in article (4) An appeal from a decision of the judicial committee of the
33 of this Constitution, the Supreme Court shall have exclusive original National House of Chiefs shall lie to the Supreme Court with the leave
jurisdiction in - of that Judicial Committee or the Supreme Court.
(a) all matters relating to the enforcement or interpretation
of this Constitution; and SUPER VISORY JURISDICTION OF SUPREME COUR T
(b) all matters arising as to whether an enactment was 1 32 . The Supreme Court shall have supervisory jurisdiction over all
made in excess ofthe powers conferred on Parliament courts and over any adjudicating authority and may, in the exercise of
or any other authority or person by law or under this that supervisory jurisdiction, issue orders and directions for the purpose
Constitution. of enforcing or securing the enforcement of its supervisory power.
(2) Where an issue that relates to a matter or question referred to
in clause ( 1 ) of this article arises in any proceedings in a court other POWER OF SUPREME COURT TO REVIEW ITS DECISIONS
than the Supreme Court, that court shall stay the proceedings and refer 1 33 . ( 1 ) The Supreme Court may review any decision made or given by
the question, of law involved to the Supreme Court for determination; .
It on such grounds and subject to such conditions as may be prescribed
and the court in which the question arose shall dispose of the case in by rules of court.
accordance with the decision of the Supreme Court. (2) The Supreme Court, when reviewing its decisions under this
article, shall be constituted by not less than seven Justices of the Supreme
APPELLA TE JURISDICTION OF SUPREME COURT Court.
1 3 1 . ( 1 ) A n appeal shall lie from a judgment o f the Court of Appeal to
the Supreme Court - POWERS OF A SINGLE JUSTICE OF SUPREME COURT
(a) as of right in a civil or criminal cause or matter in 1 3 4 . A single Justice of the Supreme Court may exercise power vested
respect of which an appeal has been brought to the in the Supreme Court not involving the decision of the cause or matter
Court of Appeal from a judgment of the High Court before the Supreme Court, except that -
or a Regional Tribunal in the exercise of its original (a) in criminal matters, where that Justice refuses or grants
jurisdiction; or an application in the exercise of any such power, a
(b) with the leave of the Court of Appeal, in any other person affected by it is entitled to have the application
cause or matter, where the case was commenced in a determined by the Supreme Court constituted by three
court lower than the High Court or a Regional Tribunal Justices of the Supreme Court; and
and where the Court of Appeal is satisfied that the (b) In civil matters, any order, direction or decision made
case involves a substantial question of law or is in the or given under this article may be varied, discharged
public interest. or reversed by the Supreme Court, constituted by three
(2) Notwithstanding clause ( l ) of this article, the Supreme Court Justices of the Supreme Court.
may entertain an application for special leave to appeal to the Supreme
85 86
PRODUCTION OF OFFICIAL DOCUMENTS IN COURT (4) The Chief Justice may create such divisions of the Court of
1 35.( 1 ) The Supreme Court shall have exclusive jurisdiction to determine Appeal, as he considers necessary to sit in such places as he may
whether an official document shall not be produced in court because its determine.
production or the disclosure of its contents will be prejudicial to the (5) Subject to clause (3) of article 1 29 of this Constitution, the Court
security of the State or will be injurious to the public interest. of Appeal shall be bound by its own previous decisions; and all courts
(2) Where any issue referred to in clause (I ) of this article arises as lower than the Court of Appeal shall follow the decisions of the Court
to the production or otherwise of an official document in any proceedings of Appeal on questions of law.
before any court, other than the Supreme Court, the proceedings in that
other court shall be suspended while the Supreme Court examines the JURISDICTION OF COURT OF APPEAL
document and determines whether the document should be produced or 1 37. ( 1 ) The Court of Appeal shall have jurisdiction throughout Ghana
not; and the Supreme Court shall make the appropriate order. to hear and determine, subject to the provisions of this Constitution,
(3) The proceedings ofthe Supreme Court as to whether an official appeals from a judgment, decree or order ofthe High Court and Regional
document may be produced shall be held in camera. Tribunals and such other appellate jurisdiction as may be conferred on
it by this Constitution or any other law.
THE COURT OF APPEAL (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
COMPOSITION OF COURT OF and a Regional Tribunal to the Court of Appeal.
APPEAL AND QUALIFICA TIONS OF ITS JUSTICES (3) For the purposes of hearing and determining an appeal within
1 36. ( I ) The Court of Appeal shall consist of­ its jurisdiction and the amendment, execution or the enforcement of a
(a) the Chief Justice; judgment or order made on any appeal, and, for the purposes of any
(b) subject to clauses (2) and (3) of this article, not less other authority expressly or by necessary implication given to the Court
than ten Justices of the Court of Appeal; and of Appeal by this Constitution or any other law, the Court of Appeal
(c) such other Justices of the Superior Court of Judicature shall have all the powers, authority and j urisdiction vested in the court
as the Chief Justice may, for the determination of a from which the appeal is brought.
particular cause or matter by writing signed by him,
request to sit in the Court of Appeal for any specified POWERS OF A SINGLE JUSTICE OF COURT OF APPEAL
period. 1 38. A single Justice of the Court of Appeal may exercise a power vested
(2) The Court of Appeal shall be duly constituted by any three of in the Court of Appeal not involving the decision of a cause or matter
the Justices referred to in clause ( 1 ) of this article and when so constituted, before the Court of Appeal, except that ­
the most senior of the Justices shall preside. (a) in criminal matters, where that Justice refuses or grants
(3) A person shall not be qualified for appointment as Justice of the an application in the exercise of any such power, a
Court ofAppeal uoless he is of high moral character and proven integrity person affected by it is entitled to have the application
and is of not less than twelve years' standing as a lawyer. 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 or reversed by the
Court of Appeal as duly constituted.
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 The Constitution
The Constitution
(4) A Justice of the High Court may, in
THE HIGH COURT court, e ercise i court or accordance with rules of
in chambers, all or any of
vested In the Hig h Court the jurisdiction
by this Con stitu tion or any
COMPOSITION OF HIGH COURT
. . ( ) or
.
the purposes of hearing and dete other law.
AND QUALIFICA TIONS OF ITS JUSTICES ts Jun sdlctIon rmining an appeal within
and the amendment, executi
1 39 . ( I ) The High Court shall consist of ­ on or the enforcement of a
Judgm nt or order made on any appeal, and
(a) the Chief Justice; authonty, expres ly or by nece for the purposes ofany othe
r
(b) not less than twenty Justices of the High Court; and . . ssary implication given to the
by thiS Constitu tIOn or any other law, the Hig High Court
(c) such other Justices of the Superior Court of Judicature powers, authority and jurisdic h Court shall have all the
as the Chief Justice may, by writing signed by him, tion vested in the Court from
appeal is brought. which the
request to sit as High Court Justices for any period.
(2) The High Court shaH be constituted ­ SUPER VISOR Y JURISDICT
(a) by a single Justice of the Court; or
ION OF THE HIGH COUR T
1 4 1 . The High Court shall hav
e supervisory jurisdiction ove
(b) by a single Justice of the Court and jury; or courts an? r all lower
(c) by a single Justice of the Court with assessors; or . lo er adj udicating authorit
ofthat Jun dlctlOn, Issue orde y; and may, in the exercise
rs and directions for the purp
(d) by three Justices of the Court for the trial of the or sec unn g the e n forc ose of enforcing
eme nt o f i t s sup erv i sory
offence of high treason or treason as required by pow ers .
article 1 9 of this Constitution.
REGIONAL TRIBUNALS
(3) There shall be in the High Court such divisions consisting of
such number ofJustices respectively as the Chief Justice may determine. ESTABLISHMENT AND COM
(4) A person shall not be qualified for appointment as a Justice of POSITION OF
REGIONAL TRIB UNALS AND
the High Court unless he is a person of high moral character and proven QUALIFICA TIONS OF CHA
AND OTHER PANEL MEMB IRMEN
ERS
integrity and is of at least ten years' standing as a lawyer. 14 . ( I) There shaH e esta lished in each
region of Ghana such Regiona
Tnbuna1s as the Chief JustIce l
JURISDICTION OF THE HIGH COURT may determine.
(2) A Regional Tribunal sha
140. (I) The High Court shal subject to the provisions ofthis Constitution, ll consist of­
(a) the ChiefJustice;
have jurisdiction in all matters and in particula , i? c vil and criminal
. (b) one Chairman; and
matters and such original, appellate and other Junsdlctton as may be (c) such members who may or may
conferred on it by this Constitution or any other law. not be lawyers as
shaH be designated by the Chi
(2) The High Court shaH have jurisdiction to enforc the Fund ntal ef Justice to sit as panel
members of a Regional Trib
Human Rights and Freedoms guaranteed by thiS ConstttutlOn. unal and for such period
. as hall be specified in writ
(3) The High Court shall have no power, in a trial for the offence (3) A RegIOnal TnbunaJ shaJ] ing by the Chief Justice.
of high treason or treason to convict any person for an offence other be duly constituted by a panel
of the Cha irm an and not consisting
than high treason or treason. less than two oth er pan el
(4) A person sh ll not e app mem ber s.
. ointed to be a Chairman of a
Tnbunal unless he IS qualIfie Regional
d to be appointed a Justice
Court. of the Hig h

89
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(5) A panel member of a Regional Tribunal shall be a person of (5) Justices of the Superior Courts and Chairmen of Regional
high moral character and proven integrity. Tribunals shall be appointed by warrant under the hand ofthe President
and sealed by the Presidential seal.
(6) Where the office of Chief Justice is vacant, or where the Chief
JURISDICTION OF REGIONAL TRIB UNALS
such offences Justice is for any reason unable to perform the functions of his office
143. ( I ) A Regional Tribunal shall have jurisdiction to try
-

may, by law, (a) until a person has been appointed to, and has assumed
against the State and the public interest as Parliament
the functions of, that office; or
prescribe. . . . .
J unsdlctJon (b) until the person, holding that office has resumed the
(2) A Regional Tribunal shall have such appellate
, as may be functions of that office; as the case may be,
relating to the matters described in clause ( I ) of this article
those functions shall be perfonned by the most senior ofthe Justices of
prescribed by law.
within its the Supreme Court.
(3) For the purpose of hearing and detenn ining an appeal
of a judgm nt (7) The office of a Justice ofthe Superior Court shall not be abolished
jurisdiction and the amendment, execution or enforcement
other authonty while there is a substantive holder in office.
or order on any appeal, and for the purposes of any
ution or (8) A Chainnan of a Regional Tribunal shall enjoy the same salary,
expressly or by necessary implication given to it by this Constit .
al Tribuna l shall have all the powers , authon ty allowances, gratuity and pension conditions as a Justice of the High
any other law, a Region
which the appeal is brough t. Court.
and jurisdiction vested in the tribunal from
(9) Where the office of a Justice of the High Court or a Chainnan
APPOINTMENT, RETIREMENT AND REMOVAL OF JUSTICES of the Regional Tribunal is vacant or for any reason, a Justice of the
OF SUPERIOR COURTS AND CHAIRMEN AND OTH E R High Court or a Chainnan ofthe Regional Tribunal is unable to perfonn
MEMBERS O F REGIONAL TRIBUNALS the functions of his office, or if the Chief Justice advises the President
that the state of business in the High Court or Regional Tribunal so
APPOINTMENT OF JUSTICES OF SUPERIOR COUR TS AND requires, the President may, acting in accordance with the advice of the
CHAIRMEN AND OTHER MEMBERS OF REGIONAL TRIB UNALS Judicial Council, appoint a person who has held office as, or a person
1 44.( 1) The Chief Justice shall be appointed by the President acting in qualified for appointment as, a Justice of the High Court or a Chainnan
consultation with the Council of State andwith the approval of Parliament. of the Regional Tribunal to act as a Justice of the High Court or a
(2) The other Supreme Court Justices shall be appointed by the Chainnan ofthe Regional Tribunal.
President acting on the advice of the Judicial Council, in consultation ( 1 0) A person appointed under clause (9) of thiJ article to act as a
with the Council of State and with the approval of Parliament. Justice of the High Court or a Chainnan ofthe Regional Tribunal shall
(3) Justices of the Court of Appeal and of the High Court and continue to act for the period of his appointment or, where no period is
Chainnen of Regional Tribunals shall be appointed by the President specified, until his appointment is revoked by the President, acting in
acting on the advice of the Judicial Council. accordance with the advice of the Judicial Council.
. ( I I ) Notwithstanding the expiration of the period ofhis appointment
(4) Panel members of Regional Tribunals other than the Chamnen
shall be appointed by the Chief Justice in consultation with the Regional or the revocation of his appointment under clause (9) of this article, a
Co-ordination Council for the region and on the advice of the Judicial person appointment under clause (9) of this article may thereafter continue
Council. to act for a period not exceeding six months, to enable him to deliver
jUdgment or do any other thing in relation to proceedings that were
commenced before him previous to the expiration or revocation.

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RETIREMENT AND RESIGNA TION OF JUSTICES OF THE the Chairman of a Regional Tribunal, he shall refer the petition to the
SUPERIOR COURTS AND CHAIRMEN OF REG ONA L RIB Urv.ALS Chief Justice, who shall determine whether there is a prima facie case.
1 45 . ( I ) A Justice of the Superior Court r Chamnan of a RegIOnal (4) Where the Chief Justice decides that there is a prima facie case,
Tribunal may retire at any time after attaining the age of sixty y.ears. he shall set up a committee consisting of three Justices of the Superior
(2) A Justice of a Superior Court or a Chatrman of a RegIOnal Courts or Chairmen of the Regional Tribunals or both, appointed by the
Tribunal shall vacate his office - Judicial Council and two other persons who are not members of the
(a) in the case of a Justice of the Supreme Court or the Council of State, nor members of Parliament, nor lawyers, and who shall
Court ofAppeal, on attaining the age of seventy years; be appointed by the Chief Justice on the advice of the Council of State.
or (5) The committee appointed under clause (4) of this article shall
(b) in the case of a Justice ofthe High Court or a Chairman investigate the complaint and shall make its recommendations to the
of a Regional Tribunal, on attaining the age of sixty- Chief Justice who shall forward it to the President.
five years; or . . (6) Where the petition is for the removal of the Chief Justice, the
(c) upon his removal from oftice in accordance With article President shall, acting in consultation with the Council of State, appoint
1 46 of this Constitution. a committee consisting of two Justices of the Supreme Court, one of
(3) A Justice of the Superior Court of Judica.ture ? r a Chain.nan of whom shall be appointed Chairman by the President, and three other
a Regional Tribunal may resign his office by wntmg Signed by him and persons who are not members of the Council of State, nor members of
addressed to the President. . . Parliament, nor lawyers.
(4) Notwithstanding that he has attained the age at .whlch he IS (7) The committee appointed under clause (6) of this article shall
as
required by this article to vacate his. office, a persO.n holding office inquire into the petition and recommend to the President whether the
Justice of a Superior Court or Chairma n of Regional Tnbunal may
a . Chief Justice ought to be removed from office.
continue in office for a period not exceeding SIX months after attamIng (8) All proceedings under this article shall be held in camera, and
do
that age, as may be necessary to ena le him to deliver judgment or the Justice or Chairman against whom the petition is made is entitled
any other thing in relation to proceedi ngs that were commen ced before
to be heard in his defence by himself or by a lawyer or other expert of
him previous to his attaining that age. his choice.
(9) The President shall, in each case, act in accordance with the
REMOVAL OF JUSTICES OF SUPERIOR COURTS recommendations of the committee.
AND CHAIRMEN OF REGIONAL TRIBUNALS ( 1 0) Where a petition has been referred to a committee under this
.
146.( 1 ) A Justice of the Superior Court or a Chairman of t e Regl nal article, the President may ­
Tribunal shall not be removed from office except for stated mlsbe avlour (a) in the case of the Chief Justice, acting in accordance
or incompetence or on groun of nability to perform the functIOns of with the advice of the Council of State, by warrant
his office arising from infirmity of body or mind. signed by h i m , suspend the Chief Justice;
. ,
(2) A Justice of the Superior Court ofJudi ature or a Chatn.n an of (b) in the case of any other Justice of a Superior Court or
the Regional Tribunal may only be removed m accordance With the of a Chairman of a Regional Tribunal, acting in
procedure specified in this icle. accordance with the advice of the Judicial Council,
. . .
(3) If the President receives a petition for the removal ofa Justtce suspend that Justice or that Chairman of a Regional
of a Superior Court other than the Chief Justice or for the removal of Tribunal.

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( 1 1 ) The President may, at any time, revoke a suspension under (2) A judicial officer may resign his office by writing addressed to
this article. the Chief Justice.

SER VICE CONDITIONS AND REMOVAL OF PANEL MEMBERS REMOVAL OF JUDICIAL OFFICERS
OF REGIONAL TRIBUNAL OTHER THAN THE CHAIRMAN. 1 5 1 . ( I ) A person holding a judicial office may be removed from office
147. (l) A panel member of a Regional Tribunal, other than the Chairman, by the Chief Justice on grounds only of stated misbehaviour, incompetence
shall have such allowances and benefits as may be determined by the or inability to perform his functions arising from infirmity of body or
President acting on the adv ice of the J u d i c i a l C o unc i l . mind and upon a resolution supported by the votes of not less than two­
(2) A panel member of a Regional Tribunal other than the Chairman thirds of all the members of the Judicial Council.
may be removed by the Chief Justice acting on the advice of the Judicial (2) For the purpose of clause ( 1 ) ofthis article, the judicial officer
Council and of the Regional Co-ordinating Council on grounds of stated shaH be entitled to be heard in his defence by himself or by a lawyer or
misbehaviour or incompetence or on ground of inability to perform his other expert of his choice.
functions arising from infirmity of body or mind.
(3) For the purposes of clause (2) of this article the panel member APPOINTMENT. ALLOWANCES AND REMOVAL
concerned is entitled to be heard in his defence by himself or by a lawyer OF LOWER COURT OR TRIB UNAL PANEL MEMBERS
or other expert of his choice. 1 52 . ( I ) A panel member of a lower court or tribunal other than the
person presiding ­
APPOINTMENT, RETIREMENT AND REMOVAL OF (a) shaH be appointed by the Chief Justice acting on the
JUDICIAL OFFICERS advice of the Judicial Council and in consultation with
the relevant District Assembly from among persons
APPOINTMENT OF JUDICIAL OFFICERS of high moral character and proven integrity;
1 48. Subject to the provisions of this article, the power to appoint persons (b) shall be paid such aHowances and benefits as the
to hold or to act in a judicial office shall be vested, subject to the approval Judicial Council may determine; and
of the President, in the Chief Justice acting on the advice of the Judicial (c) may be removed by the Chief Justice on the advice of
Council. the Judicial Council on ground of stated misbehaviour,
incompetence or inability to perform his functions
CONDITIONS OF SER VICE OF JUDICIAL OFFICERS arising from infirmity of body or mind.
1 49. Judicial officers shall receive such salaries, allowances, facilities (2) For the purposes of paragraph (c) of clause ( 1 ) of this article the
and privileges and other benefits as the President may, acting on the panel member concerned is entitled to be heard in his defence by himself
advice ofthe Judicial Council, determine. or by a lawyer or other expert of his choice.

RETIREMENTAND RESIGNATION OF JUDICIAL OFFICERS THE JUDICIAL COUNCIL

I SO. ( 1 ) A judicial officer ­ 1 53 There shaH be a Judicial Council which shaH comprise the foHowing
(a) may retire from his office at any time after attaining persons ­
the age of forty-five years; and (a) the Chief Justice who shall be Chairman;
(b) shall vacate his office on attaining the age of sixty (b) the Attorney-General;
years. (c) a Justice of the Supreme Court nominated by the
Justices of the Supreme Court;

95 96
 The Constitution
The Constitution
(d) a Justice of the Court of Appeal nominated by the
MISCELLANEOUS
Justices of the Court of Appeal;
(e) a Justice of the High Court nominated by the Justices
RETIRING A WARDS OF SUPERIOR COURT JUSTICES
of the High Court;
. . 155. ( I ) Notwithstanding the provisions ofthis Chapter, a Justice of the
(j) two representatives of the Ghana Bar AssocIatIon one
Superior Court of Judicature who has attained the age of sixty years or
of whom shall be a person of not less than twelve
above, shall, on retiring, in addition to any gratuity payable to him, be
years' standing as a lawyer;
.
.
paid a pension equal to the salary payable for the time being to a Justice
(g) a representative of the Chairmen ofRegIOnal Tnbunals
of the Superior Court from which he retired where ­
nominated by the Chairmen;
(h) a representative of the lower courts or tribunals; (a) he has served for ten continuous years or more as a
(i) the Judge Advocate-General of the Ghana Armed Justice of the Superior Court of Judicature; or
Forces; (b) he has served for twenty years or more in the public
OJ the Head of the Legal Directorate of the Police service at least five continuous years of which were
Service; as a Justice of the Superior Court of Judicature; and
upon retirement under this clause, he shall not hold
(k) the Editor of the Ghana Law Reports;
(I) a representative of the Judicial Servic Staff any private office of profit or emolument whether
Association n o m inated by the A s soc IatIOn; . directly or indirectly.
(2) For the avoidance of doubt, the pension paid to a person under
(m) a chief nominated by the National House of Chiefs;
clause ( I ) of this article shall be subject to the same changes and increases
and
as the salary of a serving Justice of the Superior Court of Judicature.
(n) four other persons who are not lawyers appointed
(3) A Justice of the Superior Court of Judicature may, in lieu of
by the President.
retiring under clause ( I ) of this article, retire if he has attained the age
prescribed as retiring age for public officers generally, and shall be paid
FUNCTIONS OF JUDICIAL COUNCIL
retiring awards based on his total public service, including service as a
1 54. ( I ) The functions of the Judicial Council are
. ,
(a) to propose for the consideration of o.0 e
. Justice of the Superior Court of Judicature, but otherwise at the same
ent, J dI Ial
rate as is, for the time being applicable to the public service generally.
reforms to improve the level of admmIstratIon ofJustIce
and efficiency in the Judiciary; JUDICIAL OA TH
(b) to be a forum for consideration and discussion of 1 56. ( l ) A Justice of a Superior Court, the Chairman of
matters relating to the discharge of the functions of a Regional
Tribunal, and also a person presiding over a lower court or tribuna
the Judiciary and thereby assist the Chief Justice in l, and
any other judicial officer or person whose functions involve the
the performance of his duties with a view to ensuring exercise
by him ofjudicial power shall, before assuming the exercise
efficiency and effective realization ofjustice: and of the duties
of his office, take and subscribe the oath of allegiance and
(c) to perform any other functions conferred ?n It b or Oath set out in the Second Schedu le to this Consti
the Judicial
under this Constitution or any other law not mconsIstent tution.
with this Constitution.
(2) The Judicial Council may establish such co mittees as i
.
considers necessary to which it shall refer matters relatmg to the JUdICIary.

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(2) The President may, on the advice of the Chief Justice, direct that
shall be made by the Chief Justice or other Justice or other officer of the
any other person connected with the exercise of judicial power, shall
Court as the Chief Justice may direct in writing.
take and subscribe the Judicial Oath.
(2) The Judicial Council shall, acting in consultation with the Public
(3) The oath of allegiance and the judicial oath required by this
Services Commission and with the prior approval of the President, by
article shall be taken and subscribed ­
constitutional instrument, make regulations prescribing the terms and
(a) in the case of the Chief Justice or oth:r Justi e of a
conditions of service of the persons to whom clause ( 1 ) of this article
Superior Court, and a Chairman of a RegIOnal Tnbunal,
applies.
before the President; and
(b) in the case of any other person, before the Chief Justice REGUALTIONS B Y CHIEF JUSTICE
or before any other Justice of a Superior Court or
1 59. The ChiefJustice may, acting in accordance with the advice of the
Chairman of a Regional Tribunal as the Chief Justice
Judicial Council and with the approval of the President, by constitutional
may direct.
instrument, make regulations for the efficient performance ofthe functions
of the Judicial Service and the Judicial Council under this Chapter.
RULES OF COURT
1 57. (1) There shall b e a Rules o f Court Committee which shall FEES OF THE COURTS TO FORMPART
consist of­ OF CONSOLIDATED FUND
(a) the Chief Justice, who shall be Chairman;
1 60. The fees, fines and other moneys paid to the Courts shall form part
(b) six members of the Judicial Council other than the
of the Consolidated Fund.
Chief Justice nominated by the Judicial Council;
(c) two lawyers, one of not less than ten and the other of INTERPRETA TION
not more than five years' standing, both of whom shall
1 6 1 . In this chapter, unless the context otherwise requires ­
be nominated by the Ghana Bar Association.
"court" includes a tribunal;
(2) The Rules of Court Committee shall, by constitutional instrument, "judicial office" means ­
make rules and regulations for regulating the practice and procedure of
(a) the office of a person presiding over a lower court or
all courts in Ghana.
tribunal howsoever described;
(3) Without prejudice to clause (2) of this article, no person sitting
(b) the office of the Judicial Secretary or Registrar of the
in a Superior Court for the determination of any cause or matter shall,
Superior Courts;
having heard the arguments of the parties to that cause or matter and
(c) such other offices connected with any court as may
before judgment is delivered, withdraw as a member of the court or
be prescribed by constitutional instrument made by
tribunal, or as a member of panel determining that cause or matter, nor
the Chief Justice acting in accordance with the advice
shall that person become functus officio in respect ofthat cause or matter,
of the Judicial Council and with the approval of the
until judgment is delivered.
President;
"j udicial officer" means the holder of a j udicial office; and
OTHER OFFICERS AND EMPLOYEES OF COURTS
"supervisory jurisdiction" includes jurisdiction to issue writs or orders
158. ( I ) The appointment of officers and employees
. oft e Court.s o er
in the nature of habeas corpus, certiorari, mandamus, prohibition and
than those expressly provided for by other provIsions of thiS ConstitutIOn,
quo warranto.

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 CHAPTER TWELVE The Constitution

FREEDOM AND INDEPENDENCE OF THE MEDIA MEDIA RIGHTS AND FREEDOMS TO B E ADDITIONAL TO
FUNDAMENTAL HUMAN RIGHTS
FREEDOMAND RESPONSIBILITY OF MEDIA 1 65. For the avoidance of doubt, the provisions of this Chapter shall not
1 62.( 1 ) Freedom and independence of the media are hereby guaranteed. be taken to limit the enjoyment of any of the fundamental human rights
(2) Subject to this Constitution and any other law not inconsistent and freedoms guaranteed under Chapter 5 of this Constitution.
with this Constitution, there shall be no censorship in Ghana.
(3) There shall be no impediments to the establishment of private NATIONAL MEDIA COMMISSION
press or media; and in particular, there shall be no law requiring any 1 66. ( I ) There shall be established by Act of Parliament within six
person to obtain a licence as a prerequisite to the establishment or months after Parliament first meets after the coming into force of this
operation of a newspaper, journal or other media for mass communication Constitution, a National Media Commission which shall consist of fifteen
or information. members as follows ­
(4) Editors and publishers of newspapers and other institutions of (a) one representative each nominated by ­
the mass media shall not be subject to control or interference by (i) the Ghana Bar Association;
Government, nor shall they be penalized or harassed for their editorial (ii) the Publishers and Owners of the Private Press;
opinions and v i ews, or the content of their publ icati ons. (iii) the Ghana Association of Writers and the Ghana
(5) All agencies of the mass media shall, at all times, be free to Library Association;
uphold the principles, provisions and objectives of this Constitution, (iv) the Christian group (the National Catholic
and shall uphold the responsibility and accountability of the Government Secretariat, the Christian Council, and the
to the people of Ghana. Ghana Pentecostal Council);
(6) Any mediurn for the dissemination of information to the public (v) the Federation of Muslim Councils and
which publishes a statement about or against any person shall be obliged Ahmadiyya Mission;
to publish a rejoinder, if any, from the person in respect of whom the (vi) the training institutions of journalists and
publication was made. communicators;
(vii) the Ghana Advertising Association and the
RESPONSIBILITY OF STA TE-OWNED MEDIA Institute of Public Relations of Ghana; and
1 63. All state-owned media shall afford fair opportunities and facilities (viii) the Ghana National Association of Teachers;
for the presentation of divergent views and dissenting opinions. (b) two representative nominated by the Ghana Journalists
Association;
LIMITATION ON RIGHTS AND FREEDOMS (c) two persons appointed by the President; and
1 64. The provisions of articles 1 62 and 1 63 of this Constitution are (d) Three p e r s o n s n o m i nated b y P a r l i a m e n t .
subject to laws that are reasonably required in the interest of national ( 2 ) T h e Comm ission s h a l l e l e c t i t s o w n Chairman.
security, public order, public morality and for the purpose of protecting
the reputations, rights and freedoms of other persons. FUNCTIONS OF THE COMMISSION
1 67. The functions of the National Media Commission are ­
(a) to promote and ensure the freedom and independence
of the media for mass communication or information;

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 The Constitution
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(b) to take all appropriate measures to ensure the
persons serving with the Commission shall be charged on the Consolidated
establishment and maintenance of the highest
Fund.
journalistic standards in the mass media, including the
investigation, mediation and settlement of complaints INDEPENDENCE OF COMMISSION
made against or by the press or other mass media;
1 72. Except as otherwise provided by this Constitution or by any other
(c) to insulate the state-owned media from governmental
law not inconsistent with this Constitution, the National Media
control;
Commission shall not be subject to the direction or control of any person
(d) to make regulations by constitutional instrument for
or authority in the performance of its functions.
the registration of newspapers and other publications,
except that the regulations shall not provide for the INDEPENDENCE OF JOURNALISTS
exercise ofany direction or control over the professional
1 73. Subject to article 1 6 7 of this Constitution, the National Media
functions of a person engaged in the production of
Commission shall not exercise any control or direction over the
newspapers or other means of mass communication;
professional functions of a person engaged in the production of newspapers
and or other means of communication.
(e) to perform such other functions as may be prescribed
by law not inconsistent with this Constitution.

APPOINTMENT OF BOARD MEMBERS

OF STA TE-OWNED MEDIA
168. 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.

APPOINTMENT OF EDITORS
169. Editors of the state-owned media shall be appointed by the governing
bodies of the respective corporations in consultation with the Public
Services Commission.

STAFF OF COMMISSION
1 70. The Commission shall appoint the officers and other employees of
the Commission in consultation with the Public Services Commission.

EXPENSES OF COMMISSION
CHARGED ON CONSOLIDATED FUND
1 7 1 . The administrative expenses of the National Media Commission,
including salaries, allowances and pensions payable to or in respect of

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 CHAPTER THIRTEEN
(b) that may, by or under an Act of Parliament, be retained
FINANCE
by the department of government that received them
for the purposes of defraying the expenses of that
GENERAL department.

TAXA TION CONTINGENCY FUND

1 74.( 1 ) No taxation shall be imposed otherwise than by or under the 1 77. ( I ) There shall be paid into the Contingency Fund moneys voted
authority of an Act of Parliament. for the purpose by Parliament; and advances may be made from that
. .
(2) Where an Act, enacted in accordance with clause ( 1 ) of thiS Fund which are authorised by the committee responsible for financiaJ
article, confers power on any person or authority to w ve or v a tax measures in Parliament whenever that committee is satisfied that there
.
imposed by that Act, the exercise of the powe of waiver r vanatlOn, has arisen an urgent or unforeseen need for expenditure for which no
in favour of any person or authority, shall be subject to the pnor approvaJ other provision exists to meet the need.
of Parliament by resolution. (2) Where an advance is made from 'the Contingency Fund a
(3) Parliament may by resolution, s pported by the votes of n t less supplementary estimate shaJl be presented as soon as possible to Parliament
than two-thirds of all members of Parhament, exempt the exercise of for t h e purpose o f replac i n g t h e amount so a dvanced.
any power from the provisions of clause (2) of this article.
WITHDRA WAL FROM PUBLIC FUNDS, ETC
PUBLIC FUNDS OF GHANA 1 78. ( I ) No moneys shall be withdrawn from the Consolidated Fund
1 75. The public funds of Ghana shall be the Consolidated Fund, the except ­
Contingency Fund and such other public funds as may be established (a) to meet expenditure that is charged on that Fund by
by or under the authority of an Act of Parliament. this Constitution or by an Act of Parliament; or
(b) where the issue of those moneys has been authorised
THE CONSOLIDATED FUND
176.(1 ) There shall be paid into the Consolidated Fund, subject to the (i) by an Appropriation Act; or
provisions of this article ­ (ii) by a supplementary estimate approved by
(a) all revenues or other moneys raised or received for the resolution of Parliament passed for the purpose;
purposes of, or on behalf of, the Government; and or
(b) any other moneys raised or received in trust for, or on (iii) by an Act of Parliament enacted under article 1 79
behalf of the Government. of this Constitution; or
(2) The revenues or oilier moneys referred to in clause ( I ) of this (iv) by rules or regulations made under an Act of
article shall not include revenues or other moneys ­ Parliament in respect of trust moneys paid into
(a) that are payable by or under an Act of Parliament into the Consolidated Fund.
some other fund established for specific purposes; or (2) No moneys shall be withdrawn from any public fund, other than
the Consolidated Fund and the Contingency Fund, unless the issue of
those moneys has been authorised by or under the authority of an Act
of Parliament.

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 The Constitution
The Constitution
A UTHORISATION OF EXPENDITURE
(8) Where, in respect of a financial year, it is found that the amount
1 79. ( I ) The President shall cause to be prepared and lai before
of moneys appropriated by the Appropriation Act for any purpose is
Parliament at least one month before the end of the financIal year,
insufficient or that a need has arisen for expenditure for a purpose for
estimates of the revenues and expenditure of the Government of Ghana
which no sum of moneys has been appropriated by that Act, a
for the following financial year.
supplementary estimate showing the sum of money required, shall be
(2) The estimates of the expenditure of all public offices and
laid before Parliament for its approval.
public corporations, other than those set up as commercial venture ­
. (9) Where, in case of a financial year, a supplementary estimate has
(a) shall be classified under programmes or activlttes
been approved by Parliament in accordance with clause (8) of this article,
which shall be included in a bill to be known as an
a supplementary Appropriation Bill shall be introduced into Parliament
Appropriation Bill and which shall be introduced into
in the financial year next following the financial year to which the
Parliament to provide for the issue from the
estimate relates, providing for the appropriation of the sum so approved
Consolidated Fund or such other appropriate fund, of
for the purposes specified in that estimate.
the sums of money necessary to meet that expenditure
( 1 0) Notwithstanding the provisions ofthe preceding clauses of this
and the appropriation of those sums for the purposes article, the President may cause to be prepared and laid before Parliament,
specified in that bill; and
estimates of revenue and expenditure of Ghana for periods of over one
(b) shall, in respect of payments charged on the year.
Consolidated Fund, be laid before Parliament for the
( I I ) Whenever in the estimates prepared in accordance with clauses
information of members of Parliament.
( I ) and (8) of this article provision is made for an item or vote other
(3) The ChiefJustice shall, in consultation with the Judicial Council,
than for the Contingency Fund, not relating to a specific item of
cause to be submitted to the President at least two months before the
expenditure, any moneys voted by Parliament in respect of that item or
end of each financial year, and thereafter as and when the need arises­
vote shall be under the control and supervision of a Committee which
(a) the estimates of administrative expenses of the Judiciary
shall consist of the President, the Speaker and the Chairman of the
charged on the Consolidated Fund under article 127
Council of State.
ofthis Constitution; and
(b) estimates of development expenditure of the Judiciary. EXPENDITURE IN ADVANCE OF APPROPRIA TION
(4) The President shall, at the time specified in clause ( I ) of this 1 80. Where it appears to the President that the Appropriation Act in
article or thereafter, as and when submitted to him under clause (3) of
respect of any financial year will not come into operation by the beginning
this article, cause the estimates referred to in clause (3) of this article of that financial year, he may, with the prior approval of Parliament by
to be laid before Parliament, a resolution, authorise the withdrawal of moneys from the Consolidated
(5) The estimates shall be laid before Parliament under c ause (4)
Fund for the purpose of meeting expenditure necessary to carry on the
by the President without revision but with any recommendatIOns that services of the Government in respect ofthe period expiring three months
the Government may have on them. from the beginning of the financial year or on the coming into operation
(6) The development expenditure of the Judiciary, if approved by of the Act whichever is earlier.
Parliament, shall be a charge on the C onsol idated Fund .
(7) Parliament shall prescribe the procedure for the presentation of LOANS
Appropriation Bills. 1 8 l . ( I ) Parliament may, by a resolution supported by the votes of a
majority of all the members of Parliament, authorise the Government

1 07 \08
 The Constitution
The Constitution
to enter into an agreement for the granting of a loan out of any public
fund or public account. (b) the payment into the Consolidated Fund or other public
. .
(2) An agreement entered into under cl use (I) of t.1us article fund of moneys derived from loans raised on institutions
shall be laid before Parliament and shall not come mto operatIOn unless outside Ghana.
it is approved by a resolution of Parliament.
. PUBLIC DEBT
(3) No loan shall be raised by the overnme t on behalf of Itself
1 82.( 1 ) The public debt of Ghana shall be charged on the
or any other public institution or authOrity otherwise than by or under Consol idated
Fund and other public funds of Ghana.
the authority of an Act of Parliament.
. (2) For the purposes of this article, the public debt shall
(4) An Act of Parliament enacted in accordance With clause (3) of include
interest on that debt, sinking fund payments and redemp
this article shall provide ­ tion moneys in
. respect ofthat debt and the costs, charges and expenses incident
(a) that the terms and conditions of a lo shall be 1 ld al to the
management of that debt.
before Parliament and shall not come mto operatIOn
unless they have been approved by a resolution of
CENTRAL BANK
Parliament; and
1 83. (I) The Bank of Ghana shall be the Central Bank of
(b) that any moneys received in respect of that loan shall Ghana and
shall be the only authority to issue the currenc
be paid into the Consolidated Fun and form part of y of Ghana .
(2) The Bank of Ghana shall -
that Fund or into some other pubhc fund of Ghana
either existing or created for the purposes of the loan.
(a) promote and maintain the stability of the currency of
(5) This article shall, with the necessary modificatio s by Parli ent, Ghana and direct and regulate the currency system in
. the interest of the economic progress of Ghana;
apply to an international business or economic transaction to which the
Government is a party as it applies to a loan. (b) be the sole custodian of State funds of Ghana both in
(6) F or the purposes of this article "loan" includes any moneys lent and outside Ghana and may, by notice published in
or given to or by the Governme t on condit on f return or repay ent, the Gazette, authorise any other person or authority to
and any other form of borrowmg or lendmg 10 respect of \\,hlch ­ act as a custodian of any such fund as may be specified
(a) moneys from the Consolidated Fund or any other in the notice;
public fund may be used for payment or repayment; (c) encourage and promote economic development and
or the efficient utilisation of the resources of Ghana
(b) moneys from any fund by whatever name called, through effective and efficient operation of a banking
established for the purposes of payment or repayment and credit system in Ghana; and
whether directly or indirectly, may be used for payment (d) do all other things not inconsistent with this article as
or repayment. may be prescribed by law.
. (3) The Governor of the Bank of Ghana shall, for the purposes of
(7) The Minister responsible for financ shall, at s ch times as
. this article, disallow any transaction or transfer involving directly or
Parliament may determine, present to Parhament any mformatlOn
concerning any discrepancies relating to ­ indirectly, any foreign exchange whether in or outside Ghana, which is
. . .
(a) the granting of loans, their repayment and servlcmg,. contrary to law.

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 The Constitution The Constitution

(4) The following shall apply to the Governor of the Bank of Ghana-­ (3) The Government Statistician shall be appointed by the President
(a) he shall b appointed by the President ac ing in in consultation with the Council of State.
consultation with the Council of State for penods of
four years each; STA TISTICAL SER VICE BOARD
(b) he shall, notwithstanding article 285 of this Constitution 1 86. ( 1 ) There shall be a Statistical Service Board which shall consist
be the chairman of the governing body of the Bank of of­
Ghana; (a) a chairman and not more than five other members all
(c) his emoluments shall not be reduced while he continues of whom shall be appointed by the President having
to hold office as Governor; regard to their expert knowledge, in consultation with
(d) he shall not be removed from office except on the the Council of State; and
same grounds and in the same manner as a Justice of (b) the Government Statistician.
the Superior Court of Judicature, other than the Chief (2) The Government Statistician, under the supervision of the
Justice, may be removed. Statistical Service Board, shall be responsible for the collection,
compilation, analysis and publication of socio-economic data on Ghana
FOREIGN EXCHANGE DEALINGS and shall perform such other functions as may be prescribed by or under
1 84. ( I ) The Committee of Parliament responsible for financial an Act of Parliament.
measures shall monitor the foreign exchange receipts and payments or (3) The Statistical Service Board may prescribe the manner in which
transfers ofthe Bank of Ghana in and outside Ghana and shall report on data may be compiled and kept by any person or authority in Ghana.
them to Parliament once in every six months.
(2) The Bank of Ghana shall, not later than three months ­ THE A UDITOR-GENERAL
(a) after the end of the first six months of its financial 1 87.( 1 ) There shall be an Auditor-General of Ghana whose office
year; and shall be a public office.
(b) afterthe end ofits fmancial year; submit to the Auditor­ (2) The public accounts of Ghana and of all public offices, including
General for audit, a statement of its foreign exchange the courts, the central and local government administrations, of the
receipts and payments or transfers in and outside Universities and public institutions oflike nature, ofany public corporation
Ghana. or other body or organisation established by an Act of Parliament shall
(3) The Auditor-General shall, not later than three months after be audited and reported on by the Auditor-General.
the submission of the statement referred to in clause (2) of this article, (3) For the purposes ofclause (2) of this article, the Auditor-General
submit his report to Parliament on the statement. or any person authorised or appointed for the purpose by the Auditor­
(4) Parliament shall debate the report of the Auditor-General and General shall have access to all books, records, returns and other
appoint, where necessary, in the public interest, a committee to deal documents relating or relevant to those accounts.
with any matters arising from the report. (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
STATISTICAL SER VICE form as the Auditor-General shall approve.
1 85. ( 1 ) There shall be a Statistical Service which shall form part of (5) The Auditor-General shall, within six months after the end of
the public services of Ghana. the immediately preceding financial year to which each ofthe accounts
(2) The head of the Statistical Service shall be the Government mentioned in clause (2) of this article relates, submit his report to
Statistician
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 The Constitution The Constitution
Parliament and shall, in that report, draw attention to any irregularities ( 1 3) The provisions of article 146
. of this Constitution relating to
in the accounts audited and to any other matter which in his opinion the removal of a Justice of the Superior Court of Judicatu
ought to be brought to the notice of Parliament. shall apply to the Auditor-General. re from office
(6) Parliament shall debate the report of the Auditor-General d (1 4) The admi istrative expenses
. . ? ofthe office of the Auditor-General
appoint where necessary, in the public interest, a committee to deal With ncludmg all salaries, allowance
s, gratuities and pensions payable
any matters arising from it. In respect of persons serving in to or
the Audit Service shall be a char
(7) In the performance of his functions under this Constitution or the Consolidated Fund. ge on
any other law the Auditor-General ­ ( 1 5 ) The accounts of the offic
. e of the Auditor-General shall
(a) shall not be subject to the direction or control of any audited and reported pon by be
an auditor appointed by Parliame
other person or authority; ( 1 6) A erson appomted to be the nt.
Auditor-General of Ghana shall
(b) may disallow any item ofexpenditure which is contrary before ent nng upon the duties of
his office, take and subscribe the
to law and surcharge­ of the Auditor-General set out in the oath
Second Schedule to this Constituti
(i) the amount of any expenditure disallowed upon on.
the person responsible for incurring or THE A UDIT SER VICE
authorising the expenditure; or 1 88. There shall be an Audit
Service which shall form part
(ii) any sum which has not been dulybrought into public services of Ghana. of the
account, upon the person by whom the sum ought
to have been brought into account; or THE A UDIT SER VICE BOARD
(iii) the amount of any loss or deficiency, upon any 1 89.( 1 ) There shall be an Audit
Service Board which shall cons
person by whose negligence or misconduct the (a) a ch irman d f ur other me? ist of­
Ibers appointed by the
loss or deficiency has been incurred. President, actmg m consultatIOn
with the Council of
(8) Paragraph (a) of clause (7) of this article shall not preclude the State;
President, acting in accordance with the advice of the Council of State, (b) the Auditor-General; and
from requesting the Auditor-General in the public interest, to audit, at (c) the Head of the Civi l Service
or his representative
any particular time, the accounts of any such body or organisation as is 2) The appointment of officers and other emp loyees in the Audit
referred to in clause (2) of this article. Serv lce, other th n he Auditor-
. General, shall be made by the Aud
(9) A person aggrieved by a disallowance or surcharge made by the Service Board, acting In consultation it
with the Public Services Commiss
Auditor-General may appeal to the High Court. 3) The Audit Se ice Board shal ion
. n: l, acting in consultation with th
(10) The Rules of Court Committee may, by constitutional instrument, PublIc Services Commission
make Rules of Court for the purposes of clause (9) of this article. (a) determine the terms and condition
_

s of service ofofficers
( 1 1) The salary and allowances payable to the Auditor-General shall and other emp loye es in the
Audit Serv ice' and
be a charge on the Consolidated Fund. (b) by co stitutional instrument, make
regulations for the
(\2) The salary and allowances payable to the Auditor-General, his effective and efficient administ
ration of the Audit
rights in respect of leave of absence, retiring award or retiring age shall Service.
not be varied to his disadvantage during his tenure of office.

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 CHAPTER FOURTEEN
The Constitution
THE PUBLIC SERVICES
(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
THE P UBLIC SERVICES OF GHANA
removed from office by the President, acting in accordance with the
1 90.( 1 ) The Public Services of Ghana shall include _
advice of the Council of State, for inability to perform the functions of
(a) the Civil Service,
his office arising from infIrmity of mind or body or for any other sufficient
the Judicial Service,
cause.
the Audit Service,
the Education Service,
the Prisons Service,
the Parliamentary Service,
the Health Service,
the Statistical Service,
the National Fire Service,
the Customs, Excise and Preventive Service,
the Internal Revenue Service,
the Police Service,
the Immigration Service, and
the Legal Service;
(b) public corporations other than those set up as
commercial ventures;
(c) public services established by this Constitution; and
(d) such ther public services as Parliament may by law
prescnbe.
(2) The Civil Service shall, until provision is otherwise made by
.
Parliament, comprise service in both central and local government.
.
(3) Subjec to the provisions ofthis Constitution, an Act of Parliament
enacted by vIrtue of clause ( I ) of this article shall provide for _
(a) the governing council for the public service to which
it relates;
(b) the functions of that service; and
(c) the membership of that service .
(4) For the purposes of this article "public corporation" means a
. .
public corporatIOn established in accordance with article 1 92 of this
.
ConStitutIOn other than one set up as a commercial venture.

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 The Constitution The Constitution

PROTECTION OF PUBLIC OFFICERS (5) Subject to clause (6) ofthis article, the terms and conditions of
1 9 1 . A member of the public services shall not be - . service including retiring ages of a Justice of the Court of Appeal shall
(a) victimiz ed or discriminated against for havI apply to the Chairman of the Public Services Commission and those of
discharged his duties faithfully, in accordance with a Justice of the High Court shall apply to the Vice-Chairman.
this Constitution; or (6) The provisions of article 146 ofthis Constitution relating to the
(b) dismissed or removed from office or reduced in rank removal from office of a Justice of the Superior Court of Judicature,
or otherwis e punishe d without j ust cause. shall apply ­
(a) to the full-time members of the Public Services
ESTABLISHMENT OF PUBLIC CORPORA TIONS Commission;
of
1 92. A public corporation shall not be established except by Act (b) to the members of the Commission referred to in
Parliament paragraph (b) of clause (2) of this article, before the
expiration of their period of service as provided by
HEAD OF THE CIVIL SER VICE law.
the
1 93.( 1 ) The President shall, acting in accordance with the advice of (7) The salaries, allowances, facilities and privileges payable or
of
Public Services Commission, appoint a public officer as the Head available to the members of the Commission other than the Chairman
the Civil Service. and Vice-Chairman, shall be determined under article 7 1 of this
(2) Subject 10 the provisions of this Constitution, the Head of the Constitution.
Civil Service shall not hold any other public office.
APPOINTMENTS, ETC. OF PUBLIC OFFICERS
THE PUBLIC SER VICES COMMISSION 1 95.( 1 ) Subject to the provisions of this Constitution, the power to
shall
194.( 1 ) There shall be a Public Se ices ommis io wh.ich appoint persons to hold or to act in an office in the public services shall
such function s as assigned to It by thiS Constitu tIOn or by any vest in the President, acting in accordance with the advice ofthe governing
perform
other law. council of the service concerned given in consultation with the Public
(2) The Public Services Commission shall consist of- Services Commission.
(a) a chairman, a vice-chairman and three other m m?ers (2) The President may, subject to such conditions as he may think
who shall be full-time members of the commiSSion; fit, delegate some of his functions under this article by directions in
and writing to the governing council concerned or to a committee of the
(b) such other members as Parliament may, subject to council or to any member of that governing council or to any public
article 70 of this Constitution, by law prescribe. officer.
(3) A person shall not be qualified to be appointed a member of the (3) The power to appoint persons to hold or act in an office in a
Public Services Commission ­ body of higher education, research or professional training, shall vest
(a) if he is not qualified to be elected as a member of in the council or other governing body of that institution or body.
Parliament; or
(b) ifhe is otherwis e disqualified from holding a public OTHER FUNCTIONS OF THE PUBLIC SERVICES COMMISSION
office. 1 96. The Public Services Commission shall have such powers and
(4) A person holding a public o ce shall, p n bein appointed exercise such supervisory, regulatory and consultative functions as
a

of the Public Services Commls slOll, resign from that Parliament shall, by law, prescribe, including as may be applicable, the
full-time member
public office. supervision and regulation of, entrance and promotion examinations,
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 CHAPTER FIFTEEN
The Constitution

or promotions within, the public

recruitment and appointment into
THE POLICE SERVICE

and guidelines on the terms and

services, and establishment of standards 200. ( I ) There shall be a Police Service of Ghana.
nt in the public services.
conditions of employme (2) No person or authority shall raise any police service except by
or under the authority of an Act of Parliament.
REGULA TIONS
may, subject to the approval (3) The Police Service shall be equipped and maintained to perform
197. The Public Services Commission its traditional role of maintaining law and order.
regulations, by const itutional instrument, for the
of the President, make
its funct ions under this Constitution
effective and efficient performance of THE POLICE COUNCIL
or any other law. 20 I . There shall be established a Police Council which shall consist
of­
INDEPENDENCE OF COMMISSION (a) the Vice-President, who shall be chairman'
this Constitution, or any oth r I w
198. Except as otherwise provided in (b) the Minister responsible for internal affairs,:
with this Constitution, the Public Services Commission
not inconsistent (c) the Inspector-General of Police;
or direc tion ofany person or authority
shall not be subject to the control (d) the Attorne -General or his representative;
in the performan ce of its functions.
(e) a lawyer nomInated by the Ghana Bar Association'
(/) a representative of the Retired Senior Police Officer
RETIRING AGE AND PENSION Association;
pt as otherwise provided in his
1 99.( 1 ) A public officer shall, exce (g) two members of the Police Service, appointed by the
ce on attaining the age of SIXty
Constitution, retire from the public servi President, acting in consultation with the Council of
years. . . , . State, one of whom shall be of a junior rank; and
otherwls proVided I t IS
(2) A public officer may, except as (h) two other members appointed by the President.
ce at any time after attaInIng
Constitution, retire from the public servi
the age offorty-five years.
n shall be exempt from tax.
(3) The pension payable to any perso
INSPECTOR-GENERAL OF POLICE AND APPOINTMENT
OF MEMBERS OF POLICE SER VICE
202 . ( 1 ) The Inspec or-General of Police shall be appointed by the
. .
PreSident actIng In consultation with the Council of State.
(2) The Inspector-General of Police shall be head of the Police
Service and shall, subject to the provisions of this article and to the
contro! and direction of the Police Council, be responsible for the
operatIOnal control and the administration of the Police Service .
(3) Subject to the provisions of this Constitution, the power to
.
appoInt persons to hold or to act in an office in the Police Service shall
vest in the President, acting in accordance with the advice of the Police
Council

120
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 The Constitution The Constitution

(4) The President may, subject to such conditions as he thinks fit, (d) a lawyer practising i n the region nominated by the
delegate some of his functions under this article by directions in writing Ghana Bar Association;
to the Police Council or to a committee or to a member of the Council. (e) a representative of the Attorney-General; and
.
(f) a representatIve of the Regional House of Chiefs
FUNCTIONS OF THE POLlCE COUNCIL (2) A Regional Police Committee shall advise the Police Councii
203. ( I ) The Police Council shall advise the President on matters of on n y matter relating to the admi n i stration of the Police
policy relating to internal security, including the role of the Police . .
Service III the regIOn.
Service, budgeting and finance, administration and the promotion of
officers above the rank of Assistant Commissioner of Police.
(2) The Police Council may, with the prior approval ofthe President,
by constitutional instrument, make regulations for the performance of
its functions 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) the control and administration of the Police Service
(b) the ranks of officers and men of each unit ofthe Police
Service, the members of each rank and the use of
uniforms by the members;
(c) the conditions of service including those relating to
the enrolment, salaries, pensions, gratuities and other
allowances of officers and men;
(d) the authority and powers of command of officers and
men of the Police Service; and
(e) the delegation to other persons of powers to discipline
persons and the conditions subject to which delegations
may be made.

REGIONAL POLlCE COMMITTEES

204. ( 1 ) There shall be established for each region a Regional Police
Committee which shall consist of ­
(a) the Minister of State appointed for the region, who
shall be chairman;
(b) the two most senior members ofthe Police Service in
the region;
(c) a representative of each district in the region appointed
by the District Assembly in the district.

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 CHAPTER SIXTEEN
The Constitution

2? The Dir ctor General of the Prisons Service shall, subject to the
THE PRISON SERVICE
provISIons of thiS article and to the control and direction af the Prisons
Service Council, be responsible for the operational control and the
205.( 1 ) There shall be a Prison Service of Ghana.
administration ofthe Prisons Service.
(2) The Prisons Service shall be equipped and maintained to perform
its traditional role efficiently. \3) Subject to the provisions of this Constitution, the power to
appomt 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
THE PRISONS SER VICE COUNCIL Service Council.
l which shall
206. There shall be established a Prison Service Counci (4) The President may, subj ect to such conditions as he thinks fit
consist of- delegate ome of hi functions under this article by directions in writin
(a) the Vice-P reside nt, who shall be chairm an; .
to the Pnsons Services Council or to a Committee or a member of the
(b) the Minister respon sible for intern al affairs ; Council.
(c) the Direct or-Gen eral of the Prison s Servic e;
l
(d) a medical practitioner nominated by the Ghana Medica FUNCTIONS OF PRISONS SERVICE COUNCIL
Association
208. ( \ ) The Prisons Service Council shall advise the President on
(e) a lawyer nominated by the Ghana Bar Association; matters of policy relating to the organisation and maintenance of the
e;
(j) the Attorn ey-Ge neral or h i s repres entativ prisons system in Ghana including the role of the Prisons Service
of
(g) a representative of the Ministry or department prisons budgeting and finance, administration and the promotion of
state responsible for social welfare;
officers above the rank of Assistant Director of Prisons.
(h) a representative ofsuch religious bodies as the President
(2) The Prisons Service Council may, with the prior approval of
may, in consultation with the Council of State, appoint;
the President, by constitutional instrument, make regulations for the
(i) two members of the Prisons Service appointed by the
performance of its functions under this Constitution or any other law
President in consultation with the Council of State one
and for the effective and efficient administration of prisons and the
of whom shall be of a junior rank;
Prisons Service.
(j) a representative of the National House of Chiefs; and
(k) two other members appointed by the President. (3) Regulations made under clause (2) of this article shall include
provisions relating to ­
(a) the control and administration of prisons and the Prisons
Service;
DIRECTOR GENERAL OF PRISONS SERVICE
(b) the ranks of officers and men of the Prisons Service,
AND APPOINTMENT OF MEMBERS OF SERVICE.
the members of each rank and the use of uniforms by
207.( 1 ) The Director-General of the Prisons Service shall be appointed
the members;
by the President, acting in consultation with the Council of State.
(c) the conditions of service including those relating to
the enrolment, salaries, pensions, gratuities and other
allowances of officers and men;
(d) the authority and powers of command of the officers
and men of the Prisons Service;

1 23 124
 The Constitution
The Constitution
(e) the delegation to other persons of powers to discipline
(g) the Regional D i rector o f Social W e l fare;
persons and the conditions subject to which delegations
(h) a representative of the Regional House of Chiefs;
may be made;
(i) representative of such religious bodies as the Regional
(f) the parole system and the periodic review of the Minister may deem fit to appoint.
conditions ofprisoners and all other persons in legal (2) A Regional Prisons Committee shall advise the Prisons Service
custody at intervals of not more than one year; Council and the Director-General of the Prisons Service on any matter
(g) the conditions under which persons may be admitted relating to the administration of prisons and of the Prisons Service in
into prisons; the region.
(h the making of reports of unjustified treatment of, and
cruelty to, prisoners and persons in legal custody and
the manner in which the reports should be dealt
with;
(i) the appointment and composition ofwelfare committees
for prisoners and discharged prisoners and other persons
released from legal custody;
(j) ready access by lawyers to prisoners and other persons
in legal custody; and
(k) such measures, generally, as will ensure the humane
treatment and welfare of prisoners and other persons
in legal custody, including the provision of literature
and writing material.

REGIONAL PRISONS COMMITTEES

209. (1) There shall be established for each region a Regional Prisons
Committee which shall consist of ­
(a) the Minister of State appointed for the region, who
shall be chairman;
(b) the most senior member of the Prisons Service in the
region;
(c) a representat i v e of the Attorney-G enera l ;
(d) a lawyer practising i n the region nominated by the
Ghana Bar Association;
(e) the Regional D i rector of Health Serv ices;
(f) a medical practitioner in the region nominated by the
Ghana Medical Association;

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 CHAPTER SEVENTEEN The Constitution

THE ARMED FORCES OF GHANA (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
ARMED FORCES OF GHANA President, acting in accordance with the advice of the Armed Forces
2 1 0. ( 1 ) There shall be the Armed Forces of Ghana which shall consist Council.
of the Army, the Navy and the Air Force and such other services for
which provision is made by Parliament.
THE CHIEF OF DEFENCE STAFF
(2) No person shall raise an armed force except by or under the 2 1 3 . The Chief of Defence Staff of the Armed Forces shall, subject to
authority of an Act of Parliament. the provisions of this article, and to the control and direction of the
(3) The Armed Forces shall be equipped and maintained to perform Armed Forces Council on matters of policy, be responsible for the
their role of defence of Ghana as well as such other functions for the administration and the operational control and command of the Armed
developm ent of Ghana as the Presiden t may determin e. Forces.

ARMED FORCES COUNCIL FUNCTIONS OF ARMED FORCES COUNCIL

2 1 1 . There shall be established an Armed Forces Council which shall 2 14.( 1 ) The Armed Forces Council shall advise the President on matters
consist of­ of policy relating to defence and strategy including the role of the Armed
Co/" ,1 "",poi( .
(a) the Presiden t, who shall be chairma n; Forces, military budgeting and fmance, administration and the promotion
•

(b) the Ministers responsible for defence, foreign affairs of officers above the rank of Lieutenant-Colonel or its equivalent.
and internal affairs; (2) The Armed Forces Council may, with the prior approval of the
(c) the Chief of Defence Staff, the Service Chiefs and a President, by constitutional instrument, make regulations for the
senior Warrant Officer or its equivalent in the armed performance of its functions under this Constitution or any other law,
forces; and and for the effective and efficient administration of the Armed Forces.
(d) two other persons appointed by the President acting (3) Regulations made under clause (2) of this article shall include
in consultation with the Council of State. regulations in respect of ­
(a) the control and administration of the services of the
APPOINTMENTS Armed Forces;
2 1 2. ( 1 ) The President shall, acting in consultation with the Council (b) the ranks of officers and men of each service, the
of State, appoint - members in each rank and the use of uniforms by the
(a) the Chief of Defence Staff of the Armed Forces; and officers and men;
(b) the Service Chiefs. (c) the conditions of service including those relating to
(2) The President may, acting in accordance with the advice ofthe the enrolment, salaries, pensions, gratuities and other
Armed Forces Council, appoint officers of the Armed Forces who shall allowances of officers and men of each service and
be given such command as the Armed Forces Council shall determine. deductions from them;
(3) The President shall, acting in accordance with the advice of the (d) the authority and powers of command of officers and
Armed Forces Council, grant commissions to officers of the Armed men of each service;
Forces. (e) the delegation to other persons of powers of
commanding officers to try accused persons and

127 128
 CHAPTER EIGHTEEN
The Constitution

the condi1ions subject to which delegations may COMMISSION ON HUMAN RIGHTS AND
be made; and ADMINISTRATIVE JUSTICE
(f) the establishment of research and development units
in each service. 2 1 6. There shall be established by Act of Parliament within six months
after Parliament first meets after the coming into force of this Constitution,
a Commission on Human Rights and Administrative Justice which shall
DELEGATION OF FUNCTIONS
215. The Armed Forces Council _y, subject to such conditions as it consist of ­
may consider fit, delegate some of its functions under this Chapter by (a) a Commissioner for Human Rights and Administrative
directions in writing to a committee or a member of the Council. Justice; and
(b) two Deputy Commissioners for Human Rights and
Administrative Justice.

APPOINT NT OF MEMmERS OF COMAUS ON

2 1 7. The President shall appoint the members of the Commission under
article 70 of this Constitution.

FUNCTIONS OF COMAUSSION
2 1 S.The functions of the Commission shall be defined and prescribed
by Act of Parliament and shall include the duty ­
(a) t investigate complaints of violations of fundamental
rights and freedoms, injustice, corruption, abuse of
power and unfair treatment of any person by a public
officer in the exercise of his official duties'
(b) to investigate complaints concerning the functionin
of the Public Services Commission, the administrative
organs of the State, the Armed Forces, the Police
Service and the Prisons Service in so far as complaints
relate to the failure to achieve a balanced structuring
of those services or equal access by all to the recruitment
of those services or fair administration in relation to
those services;
(c) to investigate complaints concerning practices and
actions by persons, private enterprises and other
institutions where those complaints allege violations

1 30
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 The Constitution The Constitution

fundamental rights and, fre edoms under this (a) to issue subpoenas requiring the attendance of any
Constitution; person before the Commission and the production of
(d) to take appropriate action to call for the remedying, any document or record relevant to any investigation
correction and reversal of instances specified in by the Commission;
paragraphs (a), (b), and (c) of this clause through such (b) to cause any person contemptuous ofany such subpoena
means as are fair, proper and effective, including ­ to be prosecuted before a com p etent Court;
(i) negotiation and compromise between the parties (c) to question any person in respect ofany subject matter
concerned; u n d e r investigation before the Commission;
(ii) causing the complaint and its finding on it to be (d) to require any person to disclose truthfully and frankly
reported to the superior of an offending person; any information within his knowledge relevant to any
(iii) bringing proceedings in a competent Court for a investigation by the Commissioner.
remedy to ensure the termination of the offending (2) The Commissioner shall not investigate ­
action or conduct, or the abandonment or alteration (a) a matter which is pending before a court or judicial
of the offending procedures; and tribunal; or
(iv) bringing proceedings to re train the enforcement (b) a matter involving the relations or dealings between
of such legislation or regulation by challenging the Government and any other Government or an
its validity if the offending action or conduct is international organisation; or
sought to be j ustified by subordinate legislation (c) a matter relating to the exercise of the prerogative of
or regulation which is unreasonable or otherwise mercy.
ultra vires;
(e) to investigate all instances of alleged or suspected REGIONAL AND DISTRICT BRANCHES OF COMMISSION
corruption and the misappropriation of public moneys 220. An Act of Parliament enacted under article 2 1 6 of this Constitution
by officials and to take appropriate steps, including shall provide for the creation of regional and district branches of the
reports to the Attorney-General and the Auditor­ Commission.
General, resulting from such investi g a t ions;
(f) to educate the public as to human rights and freedoms QUALIFICA TIONS OF COMMISSIONERS
by such means as the Commissioner may decide, 22 1 . A person shall not be qualified for appointment as a
including publications, lectures and symposia; and Commissioner or a Deputy Commissioner for Human Rights and
(g) to report annually to Parliament on the performance Administrative Justice, unless he is ­
of its functions. (a) in the case of Commissioner, qualified for appointment
as a Justice of the Court of Appeal; and
SPECIAL POWERS OF INVESTIGATION (b) in the case of a Deputy Commissioner, qualified for
2 1 9. ( 1 ) The powers of the Commission shall be defined by Act of appointment a s a Justice of the High Court.
Parliament and shall include the power ­
COMMISSIONERS NOT TO HOLD OTHER PUBLIC OFFICE
222. The Commissioner and the Deputy Commissioners shall not hold
any other public office.

131 1 32
 The Constitution
The Constitution

INITIATION OF LEGAL PROCEEDINGS

TERMS AND CONDITIONS OF SERVICE OF COMMISSIONERS
229. For the purposes of performing his functions under this Constitution
223. ( 1 ) The Commissioner and Deputy Commissioners shall enjoy the
and any other law, the Commissioner may bring an action before any
terms and conditions of service ofa Justice of the Court, of Appeal and
court in Ghana and may seek any remedy which may be available from
High Court respectively.
that court.
(2) The Commissioner and Deputy Commissioners shall cease to
hold office upon attaining the ages of seventy and sixty-five years REGULATIONS
respectively. 230. SUbject to the provisions of this Constitution and
to any Act of
Parliament made under this Chapter, the Commission
ACTING APPOINTMENTS shall make, by
constitutional instrument, regulations regarding the manner
224. Where the Commissioner dies, resigns or is removed from office and procedure
for bringing complaints before it and the investigation of
or is for any other reason unable to perform the functions of his office, such complaints.
the President shall, acting in consultation with the Council of State,
appoint a person qualified to be appointed Commissioner to perform
. .
those functions until the appointment of a new CommiSSIOner.

INDEPENDENCE OF COMMISSION AND COMMISSIONERS

225. Except as provided by this Constitution or by any other law not
inconsistent with this Constitution, the Commission and the
Commissioners shall, in the performance oftheir functions, not be subject
to the direction or control of any person or authority.

APPOINTMENT OF STAFF
226. The appointment of officers and other employees of the
Commission shall be made by the Commission acting in consultation
with the Public Services Commission.

EXPENSES OF COMMISSION CHARGED

ON CONSOLIDATED FUND
227. The administrative expenses of the Commission including salaries,
allowances and pensions payable to, or in respect of, persons serving
with the Commission, shall be charged on the Consolidated Fund.

REMOVAL OF COMMISSIONERS
228. The procedure for the removal of the Commissioner and Deputy
Commissioners shall be the same as that provided for the removal of
a Justice of the Court of Appeal and a Justice of the High Court
respectively under this Constitution.
1 33
1 34
 CHAPTER NINETEEN The Constitution

NATIONAL COMMISSION FOR CIVIC EDUCATION INDEPENDENCE OF COMMISSION

234. Ex.cep as ot?erwis provided in this Constitution
. or in any other
ESTABLISHMENT OF NA TIONAL COMMISSION law whIch IS not InconsIstent WIth this Constitution, the Commission
FOR CIVIC EDUCATION. hall not be subject to the direction or control of any person
or authority
23 1 . There shall be established by Act of Parliament within six months In the performance of its functions.
after Parliament first meets after the coming into force of this Constitution,
a National Commission for Civic Education in this Chapter referred to TERMS AND CONDITIONS OF SER VICE
as the "Commission". OF MEMBERS OF COMMIS ON.
235. ( I ) e Chairman of the Commission shall enjoy the same terms
.
MEMBERSHIP OF COMMISSION and condltI ns of servIce as a Justice of the Court of Appeal, and a
232 ( I ) The Commission shall consist of a Chairman, two Deputy Deputy ChaIrman of the Commission shall enjoy the same terms and
Chairmen and four other members. conditions of service as a Justice of the High Court.
(2) Members of the Commission shall be appointed by the President (2) The other members of the Commission shall hold office on such
acting on the advice of the Council of State. terms and conditions as may be approved by Parliament .
(3) Members of the Commission shall be persons who are qualified
to be elected as members of Parliament. REMOVAL OF CHAIRMAN AND DEPUTY CHAIRMEN
(4) Members of the Commission shall be persons who do not hold 236 The procedure for the removal of the Chairman or a Deputy
:
office in any political party. 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
FUNCTIONS OF COMMISSION respectively under this Constitution.
233. The functions of the Commission shall be ­
(a) to create and sustain within the society the awareness REGIONAL AND DISTRICT BRANCHES OR COMMISSION
of the principles and objectives of this Constitution as 237. P l i ent shall, by law, provide for the establishment of Regional
the fundamental law of the people of Ghana; and DIstrIct branches of the Commission.
(b) to educate and encourage the public to defend this
Constitution at all times, against all forms of abuse APPOINTMENT OF STAFF
and violation; 238. The offic:rs and e plo ees of the Commission shall
. be appointed
(c) to formulate for the consideration of Government, by the CommIssIOn actIng In consultation with the
Public Services
from time to time, programmes at the national, regional Commission.
and district levels aimed at realising the objectives of
this Constitution; EXPENSES OF COMMISSION CHARGED
(d) to formulate, implement and oversee programmes ON CONSOLIDATED FUND
intended to inculcate in the citizens of Ghana awareness 239. The administrati e expenses of the Commission, including salaries,
of their civic responsibilities and an appreciation of al !owances and e slOns payable to, or in respect of, persons serving
their rights and obligations as free people; and WIth the CommIssIOn, shall be charged on the Consolidated Fund.
(e) such other functions as Parliament may prescribe.

135 136
 CHAPTER TWENTY
(2) Parliament may by law make provision for the redrawing of the
DECENTRALIZATION AND LOCAL GOVERNMENT boundaries o f districts or for reconstituting the districts.
(3) Subject to this Constitution, a District Assembly shall be the
LOCAL GOVERNMENT highest political authority in the district, and shall have deliberative,
. . .
240. ( \ ) Ghana shall have a system oflocal government and arummstratlOn legislative and executive powers.
which shall, as far as practicable, be decentralized.
(2) The system of decentralized local government shall have the COMPOSITION OF DISTRICT ASSEMBLY
following features ­ 242. A District Assembly shall consist of the following members ­
(a) Parliament shall enact appropriate laws to ensure that (a) one person from each local government electoral area
functions, powers, responsibilities and resources are within the district elected by universal adult suffrage;
at all times transferred from the Central Government (b) the member or members of Parliament for the
to local government units in a co-ordinated manner; constituencies that fall within the area of authority of
(b) Parliament shall by law provide for the taking of such the District Assembly as members without the right
measures as are necessary to enhance the capacity of to vote;
local government authorities to plan, initiate, co­ (c) the District Chief Executive of the district; and
ordinate, manage and execute policies in respect f all (d) other members not being more than thirty per cent of
matters affecting the people within their areas, With a all the members of the District Assembly, appointed
view to ultimately achieving localization of those by the President in consultation with the traditional
activities; authorities and other interest groups in the district.
(c) there shall be established for each local government
unit a sound financial base with adequate and reliable DISTRICT CHIEF EXECUTIVE
sources of revenue; 243. ( 1 ) There shall be a District Chief Executive for every district who
(d) as far as practicable, persons in the service of local shall be appointed by the President with the prior approval of not less
government shall be subject to the effective control of than two-thirds majority of members ofthe Assembly present and voting
local authorities; at the meeting.
(e) to ensure the accountability of local government (2) The District Chief Executive shall ­
authorities, people in particular local government (a) preside at meetings ofthe Executive Committee of the
areas shall, as far as practicable, be afforded the Assembly;
opportunity to participate effectively in their (b) be responsible for the day-to-day performance of the
governance. executive and administrative functions of the District
Assembly; and
DISTRICTS OFLOCAL GOVERNMENT (c) be the chief representative of the Central Government
24 1 . ( I ) For the purposes of local ¥o e ent Ghana sha 1 be in the district.
: .
deemed to have been divided into the districts In eXistence Immediately (3) The office of District Chief Executive shall become vacant if ­
before the coming into force of this Constitution. (a) a vote of no confidence, supported by the votes of not
less than two-thirds of all the members of the District
Assembly is passed against him; or

138
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 The Constitution

(b) he is removed from office by the President; or

(c) he resigns or dies. QUALIFICATIONS AND PROCEDURES
247 S bject to this Constitution, the qualifications for membership of
;
PRESIDING MEMBER a District Assembly, the procedures of a District Assembly and other
244. (\) The District Assembly shall have a Presiding Member who local government units lower than a District Assembly that may be
shall be elected by the Assembly from among its members. created shall be provided for by law.
(2) The Presiding Member shall be elected by at least two-thirds
majority of all the members of the Assembly. POLITICAL PARTIES AND CANDIDATES FOR
(3) The Presiding Member shall ­ ELECTION TO LOCAL GOVERNMENT UNITS
(a) preside over the meetings of the Assemb ly; 248. ( I ) A candidate seeking election to a District Assembly or any
(b) perform such other functions as may be prescribed by lower local government unit shall present himself to the electorate as an
law. individual, and shall not use any symbol associated with any political
(4) Subject to clause (5) of this article, the term of office of the party.
Presiding Member shall be two years and he shall be eligible for re­ (2) A political party shall not endorse, sponsor, offer a platform to
election. or in anyway campaign for or against a candidate seeking election to a
(5) The Presiding Member shall cease to hold office whenever the D istrict Assembly or any lower local government unit.
Assembly by a majority of at least two-thirds of all the members of the
Assembly vote to remove him from office. REVOCATION OF MANDA TE BY ELECTORATE
249. Subject to any procedure established by law, the mandate of a
FUNCTIONS OF DISTRICT ASSEMBLIES member of a District Assembly may be revoked by the electorate or the
245. Parliament shall, by law, prescribe the functions of District appointing body.
Assemblies which shall include ­
(a) the formulation and execution of plans, programmes EMOL UMENTS OF DISTRICT CHIEF EXECUTIVE
and strategies for the effective mobilization of the AND PRESIDING MEMBER
resources necessary for the overall development ofthe 250. ( I ) The emoluments of a District Chief Executive of a District
district; Assembly shall be determined by Parliament and shall be charged on
(b) the levying and collection of taxes, rates, duties and the Consolidated Fund.
fees. (2) The emolument of a Presiding Member of a District Assembly
and other members of the Assembly shall be determined by the District
TERM OF DISTRICT ASSEMBLY Assembly and paid out of the assemb l y ' s own resources.
246.( 1 ) Elections to the District Assemblies shall be held every four
years except that such elections and elections to Parliament shall be held EXECUTIVE COMMITTEE
at least six months apart. 25 1 . ( 1 ) There shall be established an Executive Committee of a District
(2) Unless he resigns or dies or he earlier ceases to hold office under Assembly which shall be responsible for the performance of the executive
clause (3) of article 243 of this Constitution, the term of office of the and adm i n i strati v e functions of the D i strict Assembly.
District Chief Executive shall be four years; and a person shall not hold (2) The composition ofthe Executive Committee and the procedure
office as a District ChiefExecutive for more than two consecutive terms. for its deliberations shall be as provided for by law.

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 The Constitution
The Constitution
DISTRICT ASSEMBLIES COMMON FUND AND GRANTS-IN-AID
252 ( I ) There shall be a fund to be known as the District Assemblies Executive from each district in the Region;
Common Fund. (c) two chiefs from the Regional House of Chiefs; and
(2) Subject to the provisions of this Constitution, Parliament shall (d) the Regional Heads of the decentralized ministries
annually make provision for the allocation of not less than five per cent in the region as members without the right to vote;
ofthe total revenues of Ghana to the District Assemblies for development; (2) The Regional Minister shall be the Chairman- of the Regional
and the amount shall be paid into the District Assemblies Common Fund Co-ordinating Council.
in quarterly instalments. (3) Subject to this Chapter, the functions ofa Regional Co-ordinating
. . . .
(3) The moneys accruing to the Dlst:n.ct ssembhes the Comm n Council shall be as prescribed by Act of Parliament.
Fund shall be distributed among all the District Assembhes on the basiS
of a formula approved by Parliament. REGIONAL MINISTERS AND DEPUTY REGIONAL MINISTERS
(4) There shall be appointed by the President with the approval of 256. ( I ) The President shall, with the prior approval of Parliament,
. appoint for each region, a Minister of State who shall
Parliament a District Assemblies Common Fund Admmlstrator. _

(5) Pariiament shall by law prescribe the fu ctions and tenure of (a) represent the President in the region; and
. (b) be responsible for the co-ordination and direction of
office of the Administrator in such a manner as will ensure the effective
and equitable administration of the District Assemblies Common F . the administrative machinery in the region.
(6) Nothing in this Chapter or any other law s a11 e taken to P Ohl lt (2) The President may, in consultation with the Minister of
the State or other bodies from making grants-m-ald to any Dlstnct State for a region and with the prior approval of Parliament, appoint for
Assembly. the region a Deputy Minister or Deputy Ministers to perform such
functions as the President may determine.
A UDIT
. .
253 .The Auditor-General shall audit the accounts f the Istnct
Assemblies annually and shall submit his reports on the audit to Parliament.

FURTHER DECENTRALIZA TION

254. Parliament shall enact laws and take steps necessary for further
.
decentralization of the administrative functions and projects f e
Central Government but shall not exercise any control over the Dlstnct
Assemblies that is incompatible with their decentralized status, or
otherwise contrary to law.

REGIONAL CO-ORDINATING COUNCILS

.

255. ( I ) There shall be established a Regional Co-ordinating Council

in each region, which shall consist of -
. .
(a) the Regional Minister and hiS depu or deputl s,
.
(b) the Presiding Member and the Dlstnct Chief

141
142
 CHAPTER TWENTY-ONE The Constitution

LANDS AND NATURAL RESOURCES

(a) on behalf of the Government, manage public lands
and any lands vested in the President by this
PUBLIC LANDS Constitution or by any other law or any lands vested
PUBLIC LANDS AND OTHER PUBLIC PROPERTY in the Commission;
257.(1 ) All public lands in Ghana shall be vested in the President on (b) advise the Government, local authorities and traditional
behalf of, and in trust for, the people of Ghana. authorities on the policy framework for the development
(2) For the purposes of this article, and subject to clause (3) of of art!c 1ar are of Ghana to ensure that development
this article, "public lands" includes any land which, immediately before of tndlVldual pieces of land is co-ordinated with the
the coming into force ofthis Constitution, was vested in the Government relevant development plan for the area concerned'
ofGhana on behalf of, and in trust for, the people of Ghana for the public (c) formulate and submit to Government recornmendation
service of Ghana, and any other land acquired in the public interest, for on national policy with respect to land use and
the purposes of the Government of Ghana before, on or after that date. capability;
(3) For the avoidance of doubt, it is hereby declared that all lands (d) advise on, and assist iu the execution of a
in the Northern, Upper East and Upper West regions of Ghana which comprehensive program for the registration of titl; to
immediately before the coming into force of this Constitution were land throughout Ghana;
vested in the Government of Ghana are not public lands within the (e) perform such other functions as the Minister responsible
meaning of clause ( 1 ) and (2) of this article, for lands and natural resources may assign to the
(4) Subject to the provisions of this Constitution, all lands Commission.
referred to in clause (3) of this article shall vest in any person who was (2) The Minister responsible for lands and natural resources may,
.
the owner of the land before the vesting, or in the appropriate skin With the approval o the President, give general directions in writing to
.
without further assurance than this clause. the Lands CommissIOn on matters of policy in respect of the functions
(5) Clauses (3) and (4) of this article shall be without prejudice to of the Cornmission and the Commission shall comply with the directions.
the vesting by the Government in itself of any land which is required
MEMBERSHIP OF COMMISSION
in the public interest for public purposes.
(6) Every mineral in its natural state in, under or upon any land in 259 . The Lands Commission shall consist of the following persons
.
Ghana, rivers, streams, water course throughout Ghana, the exclusive appotnted by the President under article 70 of this Constitution _

economic zone and any area covered by the territorial sea or continental (a) a chairman, who is neither a Minister of State nor a
shelfis the property of the Republic of Ghana and shall be vested in the Deputy Minister;
President on behalf of, and in trust for the people of Ghana. (b) one representative each of the following bodies
nominated in each case by the body concerned _

(i) the National House of Chiefs;

LANDS COMMISSION
(ii) the Ghana Bar Association;
258. ( I ) There shall be established a Lands Commission which shall,
(!ii) The Ghana I n st itution of Surveyors;
in co-ordination with the relevant public agencies and governmental .
(IV) each RegIOnal Lands Commission;
bodies, perform the following functions -
(v) the Department responsible for town and country
planning;

143 144
 The Constitution
The Constitution
REGIONAL LANDS OFFICER
(vi) the National Association of Farmers and 262. ( I ) Each Regional Lands Commission shall have a Regional Lands
Fishermen; Officer.
(vii) the Environmental Protection Council; and (2) The Regional Lands Officer shall be a Member ofand Secretary
(viii) the Ministry responsible for Lands and Natural to the Regional Lands Commission.
Resources; and
. .

(c) the Chief Administrator of the Lands CommIssIOn QUALIFICA TIONS OF MEMBERS
who shall be the Executive Secretary. 263. A person shall not be qualified for appointlnent as a member of the
Lands Commission or of a Regional Lands Commission other than the
REGIONAL LANDS COMMISSION . . Executive Secretary and the Regional Lands Officer unless he is qualified
In each regIOn to
260 ( I ) The Lands Commission shall have a branch to be a member of Parliament, except that for the avoidance of doubt,
r t pe formance of the
be known as a Regional Lands Commission fo . a person shall not be disqualified to be a member under this article by
258 of this Const itutIOn In respect of the
functions specified in article reason only of his being a public officer.
region. . .
SSlOns shaII be
(2) The activities of all the R gi.onal Lands C omml TENURE OF OFFICE OF MEMBERS OF COMMISSION
co-ordinated by the Lands CommIssIOn. 264. ( I ) The Chairman and members of the Lands Commission, and
also, the Chairman and members of the Regional Lands Commission
I SION
MEMBERSHIP OF REGIONA L LANDS COMM . other than the Executive Secretary and the Regional Lands Officer shall
nal Lands Comm ission shall consIs t of the fo lloWIng
26 1 . A Regio . hold office for four years and may be eligible for re-appointment.
for lands and natural
persons appointed by the Minister responsIble (2) The office ofthe Chairman or member ofthe Lands Commission
resources ­ or of a Regional Lands Commission other than the Executive Secretary
nor a
(a) a chairman who is neither a Minister of State and the Regional Lands Officer shall become vacant if ­
Deputy Minister; . . . (a) he ceases to hold office under clause ( I ) of this article;
In each
(b) a representative each of the folloWIng bodIes (b) any circumstance arises that would cause him to be
case nominated by the body conce med-
disqualified for appointment under article 263 of this
(i) the Regional House ofChi fs : . . Constitution;
and
(ii) each District Assembly wIthIn the regIOn, (c) he is removed from office by the President or, in the
Department respon sible for town and country
(iii) the case of a member of a Regional Lands Commission,
planning; . . . . by the Minister responsible for lands and natural
Ing In
(c) a nominee of the Ghana Bar Association practis resources for inability to perform the functions of his
the region; office or for stated misbehaviour.
Surveyors
(d) a nominee of the Ghana Institution of
practising in the regio? ; . INDEPENDENCE OF LANDS COMMISSION
men,.
(e) the National AssociatIOn of Farmers and FIsher 265. Except as otherwise provided in this Constitution or in any other
and law which is not inconsistent with this Constitution, the Lands Commission
(f) the Regional Lands Officer. shall not be subject to the direction or control of any person or authority,
in the performance of its functions.

1 46
145
 The Constitution The Constitution

OWNERSHIP OF LAND B Y NON-CITIZENS (b) the collection of all such rents, dues, royalties, revenues
266. ( I ) No interest in, or right over, any land in Ghana shall be created or other payments whether in the nature of income or
which vests in a person who is not a citizen of Ghana a- freehold interest capital, and to account for them to the beneficiaries
in any land in Ghana. specified in clause (6) of this article; and
(2) An agreement, deed or conveyance of whatever nature, which (c) the disbursement of such revenues as may be
seeks, contrary to clause ( I ) of this article, to confer on a person who determined in accordance with clause (6) of this article.
is not a citizen of Ghana any freehold interest in, or right over, any land (3) There shall be no disposition or development of any stool land
is void. unless the Regional Lands Commission of the region in which the land
(3) Where, on the twenty-second day of august 1 969, any person is situated has certified that the disposition or development is consistent
not being a citizen of Ghana had a freehold interest in or right over any with the development plan drawn up or approved by the planning
land in Ghana, that interest or right shall be deemed to be a leasehold authority for the area concerned.
interest for a period of fifty years at a peppercorn rent commencing from (4) Where the Regional Lands Commission fails or refuses to give
the twenty-second day of August 1 969, and the freehold reversionary the consent and concurrence under clause (3) of this article, a person
interest in any such land shall vest in the President on behalf of, and in aggrieved by the failure or refusal may appeal to the High Court.
trust for, the people of Ghana. (5) Subject to the provisions of this Constitution, no interest in, or
(4) No interest in, or right over, any land in Ghana shall be created right over, any stool land in Ghana shall be created which vests in any
which vests in a person who is not a citizen of Ghana a leasehold for a person or body of persons a freehold interest howsoever described.
term of more than fifty years at any one time. (6) Ten per cent of the revenue accruing from stool lands shall be
(5) Where on the twenty-second day of august 1 969 any person not paid to the office of the Administrator of Stool Lands to cover
being a citizen of Ghana had a leasehold interest in, or right over, any administrative expenses; and the remaining revenue shall be disbursed
land in Ghana for an unexpired period of more than fifty years, that in the following proportions ­
interest in, or right over, any such land shall be deemed to be an interest (a) twenty-five per cent to the stool through the traditional
or right subsisting for a period of fifty years commencing from the authority for the maintenance of the stoo I in keeping
twenty-second day of august 1 969. with its status;
(b) twenty per cent to the traditional authority; and
STOOL AND SKIN LANDS AND PROPERTY (c) fifty-five per cent to the District Assembly, within the
area of authority of which the stool lands are situated.
STOOL AND SKIN LANDS AND PROPERTY (7) The Administrator of Stool Lands and the Regional Lands
267. ( I ) All stool lands in Ghana shall vest in the appropriate stool on Commission shall consult with the stools and other traditional authorities
behalf of, and in trust for the subjects of the stool in accordance with in all matters relating to the administration and development of stool
customary law and usage. land and shall make available to them all relevant information and data.
(2) There shall be established the Office of the Administrator of (8) The Lands Commission and the Administrator of Stool Lands
Stool Lands which shall be responsible for ­ shall co-ordinate with all relevant public agencies and traditional
(a) the establishment of a stool land account for each stool authorities and stools in preparing a policy framework for the rational
into which shall be paid all rents, dues, royalties, and productive development and management of stool lands.
revenues or other payments whether in the nature of
income or capital from the stool lands;

147 148
 The Constitution CHAPTER TWENTY-TWO
(9) Parliament may provide for the establishment of Regional
CHIEFTAINCY
branches of the office of the Administrator of Stool Lands to perform,
subject to the directions of the Administrator of Stool Lands, the functions
INSTITUTION OF CHIEFTAINCY
of the Administrator in the region concerned.
270. ( 1 ) The institution of chieftaincy, together with its traditional
councils as established by customary law and usage, is hereby guaranteed.
PROTECTING NATURAL RESOURCES
(2) Parliament shall have no power to enact any law which ­
(a) confers on any person or authority the ri t to accord
PARLIAMENTARY RATIFICA TION OF
or withdraw recognition to or from a chief for any
AGREEMENTS RELA TING TO NATURAL RESOURCES
purpose whatsoever; or
268. (I) Any transaction, contract or undertaking involving the grant of
(b) in any way detracts or derogates from the honour and
a right or concession by or on behalf of any person including the
dignity of the institution of chieftaincy.
Government of Ghana, to any other person or body of persons howsoever
(3) Nothing in or done under the authority of any law shall be held
described, for the exploitation of any mineral, water or other natural .
to be inconsistent with, or in contravention of, clause (I) or (2) of this
resource of Ghana made or entered into after the coming into force of
article if the law makes provision for ­
this Constitution shall be subject to ratification by Parliament.
(a) the determination, in accordance with the appropriate
(2) Parliament may, by resolution supported by the votes ofnot less
customary law and usage, by a traditional council, a
than two-third of all the members of Parliament, exempt from the
Regional House of Chiefs or the National House of
provisions ofclause ( I ) of this article any particular class of transactions,
Chiefs or a Chieftaincy Committee of any of them, of
contract or undertakings.
the validity of the nomination, election, selection,
installation or deposition of a person as a chief.
NATURAL RESOURCES COMMISSIONS
(b) a traditional council or Regional House of Chiefs or
269. ( 1 ) Subject to the provisions of this Constitution, Parliament shall,
the National House of Chiefs to establish and operate
by or under an Act of Parliament, provide for the establishment, within
a procedure for the registration of chiefs and the public
six months after Parliament first meets after the coming into force of
notification in the Gazette or otherwise of the status
this Constitution, ofa Minerals Commission, a Forestry Commission, of persons as chiefs in Ghana.
Fisheries Commission and such other Commissions as Parliament may
determine, which shall be responsible for the regulation and management
NATIONAL HOUSE OF CHIEFS
of the utilization of the natural resources concerned and the co-ordination
27 1 . ( 1 ) There shall be a National House of Chiefs.
of the policies in relation to them.
(2) The House of Chiefs of each region shall elect as member of
(2) Notwithstanding article 268 of this Constitution, Parliament .
the National House of Chiefs five paramount chiefs from the regIOn.
may, upon the recommendation of any of the Commissions established
(3) Where in a region there are fewer than five paramo t iefs,
by virtue of clause ( I ) of this article, and upon such conditions as
the House of Chiefs of the region shall elect such number of diVISional
Parliament may prescribe, authorise any other agency ofgovernment to
chiefs as shall make up the required representation of chiefs for the
approve the grant of rights, concessions or contracts in respect of the
region.
exploitation of any mineral, water or other natural resources of Ghana.

14 9 1 50
 The Constitution The Constitution

FUNCTIONS OF THE NATIONAL HOUSE OF CHIEFS (5) A Judicial Committee of the National House of Chiefs shall
272. The National House Chiefs shall ­ have original jurisdiction in any cause or matter affecting chieftaincy ­
(a) advise any person or authority charged with any (a) which lies within the competence of two or more
responsibility under this Constitution or any other law Regional Houses of Chiefs; or
for any matter relating to or affecting chieftaincy; (b) which is not properly within the jurisdiction of a
(b) undertake the progressive study, interpretation and Regional House of Chiefs; or
codification ofcustomary law with a view to evolving, (c) which cannot otherwise be dealt with by a Regional
in appropriate cases, a unified system of rules of House of Chiefs.
customary law, and compiling the customary laws and (6) An appeal shall lie as of right in respect of any cause or matter
lines of succession applicable to each stool or skin; dealt with by a Judicial Committee of the National House of Chiefs
(c) undertake an evaluation of traditional customs and under clause (5) of this article to the Supreme Court.
usage with a view to eliminating those customs and
usages that are outmoded and socially harmful; REGIONAL HOUSE OF CHIEFS
(d) perform such other functions, not being inconsistent 274.(1) There shall be established in and for each region of Ghana a
with any function assigned to the House of Chiefs of Regional House of Chiefs.
a region, as Parliament may refer to it. (2) A Regional House of Chiefs shall consist of such members as
Parliament may, by law, determine.
JURISDICTION OF THE NATIONAL HOUSE OF CHIEFS (3) A Regional House of Chiefs shall ­
273. ( 1 ) The National House of Chiefs shall have appellate jl!!isdiction (a) perform such functions as may be conferred upon it
in any case or matter affecting chieftaincy which has been determined by or under an Act of Parliament
by the Regional House of Chiefs in a region, from which appellate (b) advise any person or authority charged under this
jurisdiction there shall be an appeal to the Supreme Court, with the leave Constitution or any other law with any responsibility
of the National House of Chiefs, or the Supreme Court. for any matter relating to or affecting chieftaincy in
(2) The appellate jurisdiction ofthe National House of Chiefs shall the region;
be exercised by a Judicial Committee of the National House of Chiefs (c) hear and determine appeals from the traditional councils
consisting of five persons appointed by that House from among its within the region in respect ofthe nomination, election,
members. selection, installation or deposition of a person as a
(3) A Judicial Committee of a National House of Chiefs shall be chief;
assisted by a lawyer of not less than ten years' standing appointed by (d) have original jurisdiction in all matters relating to a
the National House of Chiefs on the recommendation of the Attorney­ paramount stool or skin or the occupant of a paramount
General. stool or skin, including a queenmother to a paramount
(4) A member of a Judicial Committee of the National House of stool or skin;
Chiefs shall be removed from office on the ground of proven misbehaviour (e) undertake a study and make such general
or of infirmity of mind or body by the votes of not less than two-thirds recommendations as are appropriate for the resolution
of all the members of the National House of Chiefs. or expeditious disposition of chieftaincy disputes in
the region;

151 1 52
 The Constitution CHAPTER TWENTY-THREE

(f) '-!ndertake the c?mpilati :m of the customary laws and COMMISSIONS OF INQUIRY
Imes of successIOn applIcable to each stool or skin in
the region. APPOINTMENT OF COMMISSION OF INQUIRY
278. ( I ) Subject to article 5 of this Constitution, the President shall, by
. (4) The original .and appellat J urisdicti ns of a Regional House of constitutional instrument, appoint a commission of inquiry into any
Chlef shall be. e erclsed by a JudIcIal CommIttee ofthe Regional House
of ChIefs conslstmg of three chiefs appointed by the Regional House of matter of public interest where ­
Chiefs from among its members. (a) the President is satisfied that a commission of inquiry

. (5) A Judicial Committee of a Regional House of Chiefs shall be

should be appointed; or
assIsted. by a lawyer of no less than five years' standing appointed by (b) the Council of State advises that it is in the public
the RegIOnal House of ChIefs on the recommendation of the Attorney­ interest to do so; or
General. (c) Parliament, by resolution requests that a commission
of inquiry be appointed to inquire into any matter,
. (6) A member of a Judicial Committee of a Regional House of specified in the resolution as being a matter of public
ChIefs may be removed from office on the ground ofproven misbehaviour
or infirmity of mind or body by the votes of not less than two-thirds of importance.
all the members of the Regional House of Chiefs. (2) A commission appointed under clause ( I ) of this article may
consist of a sole commissioner or two or more persons one of whom
DISQUALIFICATION OF CONVICTED PERSONS shall be appointed the chairman of the commission.
275. :\ person shall not be qualified as a chief ifhe has been convicted (3) A person shall not be appointed a sole commissioner or the
chairman of a commission of inquiry under this article unless he is ­
for hl h treason, treason, high cri e or for an offence involving the
securIty of the State, fraud, dIshonesty or moral turpitude. (a) a Justice of the Superior Court of Judicature; or
(b) a person qualified to be appointed a Justice of the
CHIEFS NOT TO TAKE PART IN A CTI VE PARTY POLITICS Superior Court of Judicature; or
2 6. f I ) A chief shall not t e part in active party politics; and any chief (c) a person who has held office as a Justice ofthe Superior
wlshmg to do so and seekmg election to Parliament shall abdicate his Court of Judicature; or
stooI or skin. (d) a person who possesses special qualifications or
(2) Notwith tanding clal!se ( I ) of. t is article. and paragraph (c) of knowledge in respect of the matter being investigated.
(4) Subject to clause (3) of this article, where a commission of
clause (3) of a.rtlcle 94 of thIs ConStItutIOn, a chIef may be appointed
to any publIc office for which he is otherwise qualified. inquiry appointed under clause ( I ) of this article consists of more than
two commissioners, other than the chairman, at least one of them shall
DEFINITION OF CHIEF be a person who possesses special qualifications or knowledge in respect
277. In this Chapte. unless the context otherwise requires, "chief' means of the matter being investigated.
a p rson, wh?, haIlmg from the appropriate family and lineage, has been
valIdly nommated, elected or selected and enstooled enskinned or
installed as a chief or queenmother in accordance with the relevant
customary law and usage.

1 53 154
 The Constitution The Constitution

POWERS OF COMMISSION OF INQUIRY (b) the Government issues a statement in the Gazette and
279. ( I ) A commission of inquiry shall have the powers, rights and in the national media that it does not intend to issue
privileges of the High Court or a Justice of the High Court at a trial, in a White Paper on the report of the commission
respect of­ whichever is the earlier.
(a) enforcing the attendance ofwitnesses and examining (6) The right of appeal conferred by clause (2) of this article on a
them on oath, affirmation or otherwise; person against whom a finding has been made, shall be exercisable
(b) compelling the production of documents; and within three months after the occurrence of either ofthe events described
(c) the issue of a commission or request to examine in clause (5) of this article or such other time as the High Court or the
witnesses abroad. Court of Appeal may, by special leave and on such conditions as it may
(2) A sole commissioner or a member of a commission of inquiry consider just, allow.
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 INQUIRY PROCEDURE
member. 28 1 .( 1 ) Except as may be otherwise ordered by the commission in the
interest of public morality, public safety or public order, the proceedings
FUNCTIONS OF COMMISSION OF INQUIRY of a commission of inquiry shall be held in public
280. ( 1 ) A commission of inquiry shall ­ (2) Subject to the provisions of this Chapter, the Rules of Court
(a) make a full, faithful and impartial inquiry into any Committee established under article 1 5 7 of this Constitution shall, by
matter specified in the instrument of appointment; constitutional instrument, make rules regulating the practice and procedure
(b) report in writing the result of the inquiry; and of all commissions of inquiry and for appeals from commissions of
(c) furnish in the report the reasons leading to the inquiry.
conclusions stated in the report.
(2) Where a commission of inquiry makes an adverse finding against ASSISTANCE BY LA WYER OR OTHER EXPERT
any person, the report ofthe commission of inquiry shall, for the purposes 282. ( I ) Any person whose conduct is the subject of inquiry by a
of this Constitution, be deemed to be the judgment of the High Court; commission of inquiry, or who may, in any way be implicated or
and accordingly, an appeal shall lie as of right from the finding of the concerned in the matter under inquiry, is entitled to be represented by
commission to the Court of Appeal. a lawyer at the inquiry; and any other person who may consider it
(3) The President shall, subject to clause (4) of this article cause to desirabl e that he should be represented by a lawyer shall be allowed to
be published the report of a commission of inquiry together with the be so represented.
White Paper on it within six months after the date of the submission of (2) A person referred to in clause ( I ) of this article may also be
the report by the commission. assisted by such other expert as may be reasonably necessary for the
(4) Where the report of a commission of inquiry is not to be published, purpose of protecting his interests at the inquiry.
the President shall issue a statement to that effect giving reasons why
the report is not to be published. IMMUNITIES AND PRIVILEGES OF WITNESSES
(5) A finding of a commission of inquiry shall not have the effect 283. A witness before a commission of inquiry is entitled to the same
of a judgment of the High Court as provided under clause (2) of this immunities and privileges as ifhe were a witness before the High Court.
article, unless ­
(a) six months have passed after the finding is made and
announced to the public; or

ISS 1 56
 CHAPTER TWENTY-FOUR The Constitution

been acquired in contravention

CODE OF CONDUCT FOR PUBLIC OFFICERS reasonable source shall be deemed to have
of this Constitution. .
sions of thIS . artIcle appIy
CONFLICT OF INTEREST (5) The public offices to which the provi
284. A public officer shall not put himself in a position where his personal are those of -
interest conflicts or is likely to conflict with the performance of the (a) the President of the Republic; .
functions of his office. (b) the Vice-President of the Repub\tc;
and a mem ber of
(c) the Speaker, the Deputy Speaker
OTHER PUBLIC APPOINTMENTS Parliament;
er;
285. No person shall be appointed or act as the Chairman of the governing (d) Minister of State of Deputy Minis .
Court ofJu hcature,
body of a public corporation or authority while he holds a position in (e) Chief Justice, Justice of the Supenor l slOner or
the service of that corporation or authority. Chairman of a Regional Tribunal, the Comm Deputles
e and hIS
Human Rights and Administrative Justic
DECLARATION OF ASSETS AND LIABILITIES and all judicial officers;
286. ( I ) A person who holds a public office mentioned in clause (5) of (j) Ambassador or High Commissioner;
this article shall submit to the Auditor-General a written declaration of (g) Secretary of the Cabinet; .
tment or eqUivalent
all property or assets owned by, or liabilities owed by, him whether (h) Head of Ministry or government depar
directly or indirectly ­ office in the Civil Service;
ral manager a d
(a) within three months after the coming into force of this (g) chairman, managing director, gene any In
Constitution or before taking office, as the case may departmen tal head of a publi c corpo r tion .or comp
has a cont rolhn g mter est; an.d
be; whic h the State pub\t c
c servi ce nd any other
(b) at the end of every four years; and OJ such officers in the publi
(c) at the end of his term of office. institution as Parliament may prescnbe. . .
written declarat! on of hIS
(2) Failure to declare or knowingly making false declaration shall (6) The Auditor-General shall make a
the President in the mann er and sU.bJ ect t? the
be a contravention ofthis Constitution and shall be dealt with in accordance assets and liabilities to ) of thIS art c l e .
( I ) to ( 3
with article 287 of this Constitution. cond ition s prov ided in claus .
(3) The declaration made under clause ( I ) of this article shall, on (7) Before entering upon dutles o hls ffice, a person appOinted
artIcle apply, shall t ke and
demand, be produced in evidence ­ to an office to which the prOVISIOns of thIS
(a) before a court of competent jurisdiction; or of allegi ance, the oath of secrecy and the offiCial oath
subscribe the oath
ule to this Cons titution, or any other oath
(b) before a commission ofinquiry appointed under article set out in the Second Sched
278 of this Constitution; or appropriate to his office.
(c) before an investigator appointed by the Commissioner
for Human Rights and Administrative Justice. COMPLAINTS OF CONTRA VENTION
r has contravened or has not
(4) Any property or assets acquired by a public officer after the 287.( 1 ) An allegation that a public office t the
initial declaration required by clause ( I ) of this article and which is not comp lied with a provision of this Cha pt r s all be . made ?
s and dmln lstratlve ! I l:stlce and, In .the
reasonably attributable to income, gift, loan, inheritance or any other Commissioner for Human Right .
of the Comm issioner of Hum an RIght s and AdmInistratIve JustIce,
case
the person concerned makes a
to the Chief Justice who shall, unless

1 57 1 58
 The Constitution CHAPTER TWENTY-FIVE

written admission of the contravention or non-compliance, cause the AMENDMENT OF THE CONSTITUTION
matter to be investigated. . . . .

(2) The Commissioner for Human Rights and Admmlstratlye Justice AMENDMENTOF CONSllTUTION
or the Chief Justice as the case may be, may take such actIOn as he 289. ( I ) Subject to the provisions of this Constitution, Parliament may,
considers appropriate in respect of the results of the investigation or the by an Act of Parliament, amend any provision of this Constitution.
admission. (2) This Constitution shall not be amended by an Act ofParuament
or altered whether directly or indirectly unless -
INTERPRETATION (a) the sole purpose of the Act is to amend this Constitution;
288. In this Chapter, unless the context otherwise requires, "public and
officer" means a person who holds a public office. (b) the Act has been passed in accordance with this Chapter.

AMENDMENT OF ENTRENCHED PROVISIONS

290. ( I ) This article applies to the amendment of the following provisioms
of this Constitution, which are, in this Constitution referred to as
"entrenched provisions" -
(a) The Constitution: articles I, 2 and 3;
(b) The Territories of Ghana: articles 4 and 5 ;
(c) The Laws o f Ghana: article I I ;
(d) Fundamental Human Rights and Freedoms: Chapter
5·
(e) Representation of the People: articles 42, 43, 46, 49,
55 and 56;
(f) The Executive: chapter 8;
(g) The Legislature: articles 93 and 1 06;
(h) The Judiciary: articles 1 25, 1 27, 129, 145 and 146;
(i) Freedom and Independence of the Media: article 162,
clauses (1) to (5);
(j) Finance: articles 174 and 1 87;
(k) Police Service: article 200;
(/) The Armed F o rces of Ghana: article 2 1 0;
(m) Commission on Human Rights and Administrative
Justice: articles 2 1 6 and 225;
(n) National Commission for Civic Education: article 23 1 ;

1 59 1 60
 The Constitution The Constitution

(0) Decentralization and Local Government: articles 240 (3) Where Parliament approves the bill, it may only be presented
and 252; to the President for his assent if it was approved at the second and third
(p) Chieftaincy: article 270; reading of it in Parliament by the votes of at least two-thirds of all the
(q) Code of Conduct for Public Officers: article 286; members of Parliament.
(r) Amendment of the Constitution: chapter 25; and (4) Where the bill has been passed in accordance with this article'
(s) Miscellaneous: articles 293 and 299. the President shall assent to it.
(2) A bill for the amendment of an entrenched provision shall, before
Parliament proceeds to consider it, be referred by the Speaker to the CERTIFICA TE OF COMPLIANCE WITH CONSTITUTION
Council of State for its advice and the Council of State shall render 92. A bill for the
. am ndmen of!his Constitution which has been passed
advice on the b i l l w ithin thirty days after receiving it. In accordance With thiS ConstItutIon shall be assented to by the President
(3) The bill shall be published in the Gazette but shall not be only if­
introduced into Parliament until the expiry of six months after the (a) it is accompanied by a certificate from the Speaker
publication in the Gazette under this clause. that the provisions of this Constitution have been
(4) After the bill has been read the first time in Parliament it shall complied with in relation to it; and
not be proceeded with further unless it has been submitted to a referendum (b) in the case of a bill to amend an entrenched provision,
held throughout Ghana and at least forty per cent of persons entitled to it is accompanied by a certificate from the Electoral
vote, voted at the referendum and at least seventy-five per cent of the Commission, signed by the Chairman of the
persons who voted cast their votes in favour of the passing of the bill. Commission and bearing the seal ofthe Commission
(5) Where the bill is approved at the referendum Parliament shall that the bill was approved at a referendum in accordanc
pass it. with this Chapter.
(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.

AMENDMENT OF NON-ENTRENCHED PROVISIONS

29 1 . (I) 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 in Parliament;
refer it to the Council of State for consideration and advice and the
Council of State shall render advice on the bill within thirty days after
receiving it.

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 CHAPTER TWENTY-SIX The Constitution

MISCELLANEOUS (6) No proceedings shall lie against the Government by virtue of

this article in respect of ­
CLAIMS AGAINST GOVERNMENT (a) anything done or omitted to be done by any person
293. ( I ) Where a person has a claim against the Government, that claim while discharging or purporting to discharge
may be enforced as of right by proceedings taken against the Government responsibilities of a judicial nature vested in him; or
for that purpose without the grant of a fiat or the use of the process (b) any act, neglect or default of an officer of the
known as petition of right. Government unless that officer ­
(2) The Government shall be subject to all those liabilities in tort (i) has been directly or indirectly appointed by the
to which, if it were a private person of full age and capacity, it would Government and was, at the material time,
be subject ­ paid in respect of his duties as an officer of the
(a) in respect of torts committed by its employees or Government wholly out of public funds or out of
agents; moneys provided by Parliament; or
(b) in respect of a breach of duties which a person owes (ii) was, at the material time, holding an office in respect
to his employees or agents at common law or under of which the Public Services Commission certifies
any other law by reason of being their employer; and that the holder of that office would normally be so
(c) in respect of a breach of the duties at common law or paid.
under any other law attached to the ownership, (7) Where the Government is subject to a liability by virtue of this
occupation, possession or control of property . article, the law relating to indemnity and contributions shall be enforceable
(3) No proceedings shall lie against the Government by virtue of
paragraph (a) of clause (2) ofthis article in respect of an act or omission (a) against the Government by an employee of the
of an employee or agent of the Government unless the act or omission Government who is acting in the proper execution of
would, apart from this article, have given rise to a cause of action in tort his duties in respect of the liability or by any other
against that employee or his estate. person in respect of the liability to which that person
(4) Where the Government is bound by a statutory duty which is is subject; or
binding also upon persons other than the Government and its officers, (b) by the Government against any person other than an
the Government shall, in respect of a failure to comply with that duty, employee of the Government, in respect of the liability
be subject to all liabilities in tort to which it would be so subject if the to which it is so subject,
Government were a private person of ful l age and capacity. as if the Government where 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 LEGAL AID
statute and that officer commits tort while performing or purporting to 294. ( I ) For the purposes of enforcing any provision of this Constitution,
perform those functions, the liabilities of the Government in respect of a pe son is e titled tt? le al !lid in connection with any proceedings
the tort shall be what they would have been if the functions had been relatillg to thiS ConStl utlOn If he has reasonable grounds for taking,
. .
conferred or imposed solely by virtue of instructions lawfully given by de fe n dlllg, prosecutlllg or bemg a party to the proceedings.
the Government. (2) Subject to clause ( I ) 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

1 63 164
 The Constitution The Constitution

other than those referred to in clause ( 1 ) of this article as may be "high cri';lle" means high crime within the meaning of article 2 oftbia
prescribed by or under that Act. ,
ConstitutIO n;
(4) For the purposes of this article, legal aid shall consist of "high treason" means high treason within the meaning of article 3 of
representation by a lawyer, including all such assistance as is given by this Constitution;
a lawyer, in the steps preliminary or incidental to any proceedings or "judgment" includes a decision, an order or decree of the court'
arriving at or giving effect to a compromise to avoid or to bring to an "meeting" includes a period during which Partiament is meeting
end any proceedings , continually within a session;
"Minister" means a Minister appointed under article 78 or 256 of this
INTERPRETA TION Constitution;
295, ( I ) In this Constitution, unless the context otherwise requires - "oath" includes an affirmation;
"Act of parliament" means an act enacted by parliament and includes "oath of allegiance" means the oath of allegiance specified in the Second
an ordinance; Schedule to this Constitution;
"article" means an article of this Constitution; "paramount chief' means a person who has been nominated elected and
"Chief' has the meaning assigned to it in article 277 of this Constitution; installed as a paramount chief in accordance with customary law and
"Civil Service" includes service in both central and local govermnents; usage;
"commission of inquiry" includes a committee of inquiry; "publi c corporation" means a corporation or any other body of persons
"constitutional instrument" means an instrument made under a power ,
established ,
by an Act of Parhament or set up out of funds provided by
conferred by this Constitution; Parliament or other public funds;
"Court" means a court ofcompetentjurisdiction established by or under "public interest" includes any right or advantage which enures or is
the authority of this Constitution and includes a tribunal; intended to enure to the benefit generally of the whole of the' people of
"Decree" includes a Decree made by the National Liberation Council, Ghana;
the National Redemption Council, Supreme Military Council or the "public office" includes an office the emoluments attached to whicb are
Armed Forces Revolutionary Council or under its authority and any paid directly fr m the Consolidated Fund or directly out of moneys
,
pro,vlded
statutory instrument made under the authority of any such Decree; by ParlulIt;t ent and an office in a public corporation established
"District Assembly" includes a Metropolitan and a Municipal Assembly; entirely out of public funds or moneys provided by Parliament' public
"enactment" means an Act of Parliament, a Decree, a Law or a service" includes service in any civil office of Governm'eI'lll, the
constitutional instrument or a statutory instrument or any provision of emolume?ts attached to which are paid directly from the Consolidated
an Act of Parliament, a Decree, a Law or of a constitutional or of a Fund or dIrectly out of moneys provided by Parliament and service: with
statutory instrument; a public corporation;
"entrenched provision" has the meaning assigned to it in article 290 of "retiring awards" includes pension and gratuity;
this Constitution; "Rules of Court Committee" means the Rules of Court Committee
"functions" includes powers and duties; established by article 1 5 7 of this Constitution;
"govermnent" means any authority by which the executive authority of "Service Chiefs" includes Army Chief of Staff., Chief of Naval Staff anQ
Ghana is duly exercised; Chief of Air Staff;
"session" means a series of meetings of Parliament within a period of
twelve months;

165 166
 The Constitution The Constitution

"s!tting" in,:ludes a period during which Parliament is sitting continuously (6) A provision in this Constitution that ,,:ests in a person or auf:hority
Without adjournment and a period during which it is in committee; power to remove a public officer from hiS o fice, shal be Without
:'s tutory instrument" means an instrument made, whether directly or prejudice to the power of any person or authoflty to abohsh an office
any
mdrrectly, under a power conferred by an Act of Parliament or a Decree or to a law for compulsory retirement of public officers generally or
or a Law; class of public officers on attainin the ag s eci ed in the law.
"stool" includes a skin, and the person or body of persons having control (7) Where power is vested by t IS ConstltutlOn m any ,Person or
of an
over skin land; authority to appoint a person to act In or perform the functlons
"stool land" includes any land or interest in, or right over, any land the holder of the office is unable to perform those functions ,
office if
the
controlled by a stool or skin, the head of a particular community or the the appointment shall not be called in question on the ground that
captain of a company, for the benefit of the subjects of that Stool or holder of the office could have perform ed those functions.
members of that community or company; and (8) No provision of this Constitution o.r of any oth r la';¥ to the effect
trol
"treason" means treason as defined in article 1 9 of this Constitution. that a person or authority shall not be subject to the directIOn or co
(2) In this Constitution and in any other law - of any other person or authority in the performa nce of any func l ?ns
g
(a) a reference to the holder of an office by the term under this Constitution or that law, shall preclude a court from exerclsl
oflty
designating his office, shall, unless the context otherwise jurisdiction in relation to any question whether t?at p rson or .aut
or
requires, be construed as including a reference to a has performed those functions in accordance With thiS ConstltutlOn
person for the time being lawfully acting in or the law.
performing the functions of that office; (9) In this Constitution references to the alteratio? of an of the
(b) references to the power to remove a public officer provisions of this Constitution or of an Act of Parh ment Include
nt
from his office shall be construed, subject to clause references to the amendment, modification, re-enactment With amendme
(4) of this article, as including references to a power or modification, the suspension or repeal of that provision and the making
conferred by any law to require or permit that officer of a different provision in place of that provision.
to retire from the public service.
(3) Nothing in paragraph (b) of clause (2) of this article shall be EXER CISE OF DISCRETIONAR Y POWER
construed as conferring on any person or authority power to require a 296. Where in this Constitution or in any other law discretionary power
Justice of the Superior Court of Judicature or the Auditor-General to is vested in any person or authority - .

retire from the public service. (a) that discretionary power shall be deemed to Imply a
(4) A power conferred by a law to permit a person to retire from duty to be fair and candid;
the public service shall, in the case of a public officer who may be (b) the exercise of the discretionary power shall not be
removed from office by some person or authority, other than a commission arbitrary, capricious or biased either b resentment,
established by this Constitution, vest in the President acting in accordance prejudice or personal dislike and shall be m accordance
with the advice of the appropriate authority. with due process of law; and
(5) For the purposes of this Constitution and any other law, a person (c) where the person or authority is not a judge or other
shall not be considered as holding a public office by reason only of the judicial officer, there shall be published by constitutional
fact that he is in receipt of a pension or other similar allowance in respect instrument or statutory instrument, regulations that are
of service under the Government of Ghana. not inconsistent with the provisions of this Constitution

1 67 168
 The Constitution The Constitution

or that other law to govern the exercise of the (j) where a power is conferred or a duty is imposed on
discretionary power. the holder o f an office as such, the power may be
exercised and the duty shall be perfonned by the person
IMPLIED POWER, ETC for the time being charged with the perfonnance of
297, In this Constitution and in any other law ­ the functions of that office.
(a) the power to appoint a person to hold or to act in an office
in the public service shall include the power to confinn RESIDUAL POWERS OF PARLIAMENT
appointments, to exercise disciplinary control over 298. Subject to the provisions of Chapter 25 of this Constitution, where
persons holding or acting in any such office and to on any matter, whether arising out of this Constitution or otherwise,
remove the persons from office; there is no provision, express or by necessary implication of this
(b) where a power is conferred or a duty is imposed, the Constitution which deals with the matter, that has arisen, Parliament
power may be exercised and the duty shall be shall, by an Act of Parliament, not being inconsistent with any provision
perfonned, from time to time, as occasion requires; of this Constitution, provide for that matter to be dealt with.
(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 TRANSITIONAL PROVISIONS
powers shall be deemed to be also given as are necessary 299. The transitional provisions specified in the First Schedule to this
to enable that person or authority to do or enforce the Constitution shall have effect notwithstanding anything to the contrary
doing of the act of thing; in this Constitution.
(d) where a power is conferred to make any constitutional
or statutory instrument, regulation or rule or pass any
resolution or give any direction, the power shall be
construed as including the power, exercisable in the
same manner, to amend or to revoke the constitutional
or statutory instrument, regulation, rules or resolution
or direction as the case may be;
(e) words importing male persons include female persons
and corporations;
(j) words in the singular include the plural, and words in
the plural include the singular;
(g) where a word is defined, other parts of speech and
tenses of that word have corresponding meanings;
(h) words directing or empowering a public officer to do
any act or thing, or otherwise applying to him by the
designation of his office, include his successors in
office and all his deputies and all other assistants;
(i) words directing or empowering a Minister of State to
do an a t or a thing, or othe ise applying to him by
.
the deSignatIOn . office, mclude a person acting
of his
for him, or if the office is vacant, a person designated
to act in that office by or under the authority of an Act
of Parliament and also his successors in office and all
his deputies or other assistants;

169 1 70
 FIRST SCHEDULE The Constitution

TRANSITIONAL PROVISIONS purposes of subsection (3) of this section, shall be deemed to be a valid
notice for all purposes. . . .
PART ! - FIRST PRESIDENT (5) The Standing Orders of the ParlIament under the Cons ltutlOn
of the Republic of Ghana, 1 979 shall apply to the proceedmgs of
FIRST PRESIDENT Parliament until Parliament otherwise determines under article 1 1 0 of
I . ( I ) Notwithstanding anything in this Constitution, the person this Constitution.
duly elected President of Ghana under the law in force immediately
before the coming into force of this Constitution shall be taken to have PART III - THE JUDICIARY
been duly elected for the purposes of this Constitution.
(2) The President referred to in subsection (I) of this section shall FUNCTIONS OF SUPERIOR COURTS OF JUDICA TURE
assume office as President on the date of the coming into force of this 3. ( I ) The Supreme Court, the Cour of. Appeal and e High . Court .
Constitution notwithstanding anything in this Constitution. in existence immediately before the commg mto force of thIS ConstItutIon
shall be deemed to have been established under this Constitution and
PART II - FIRST PARLIAMENT shall perform the functions of the Supre e Co , the Court of Appe 1
and the High Court specified respectIvely m Chapter I I of thIS
FIRST PARLIAMENT Constitution.
2. ( 1 ) Notwithstanding anything in this Constitution, the persons (2) All proceedings pending before any Court referred to in
duly elected as members ofParliamentunder the law in force immediately subsection ( I ) of this section immediate y before the comi g into force
before the coming into force of this Constitution, shall be taken to have of this Constitution may be proceeded WIth and completed m that Court
been duly elected members of Parliament for the purposes of this notwithstanding anything in this Constitution.
Constitution.
(2) The person who was Clerk of the Consultative Assembly or CONTINUANCE OF APPOINTMENTS
such other public officer as the Provisional National Defence Council OF JUSTICES OF THE SUPERIOR COURTS
may designate, shall, notwithstanding anything to the contrary in this 4. ( 1 ) A Justice of the Suprem e: Court, the Court f Appeal or the
ConstiMion, act as Clerk to Parliament until a Clerk is appointed under High Court holding office immedIately before the c.ommg nto force of
article 124 of this Constitution. this Constitution, shall continue to hold office as If appomted to that
(3) The person who was C lerk of the Consultative Assembly office under this Constitution.
established under the Consultative Assembly Law, 1 99 1 (P.N.D.C.L (2) Any person to whom this section applies shall, on the co ing
253) or other person designated under subsection (2) of this section into force of this Constitution, take and subscribe the oath of allegIance
shall, nor later than seven days after the coming into force of this and the judicial oath set out in the Second Schedule to this Constitution.
Constitution, summon a meeting of Parliament for the election of the
Speaker, the taking of oaths by members of Parliament, the swearing in CONTINUANCE IN EXISTENCE OF
of the President and the approval of Ministers of State and Deputy P UBLIC TRIBUNALS BOARD FOR SIX MONTHS.
Ministers for appointment under this Constitution. 5. The Public Tribunals Board shall cease to exist within six months
(4) For the avoidance of doubt, any notice given before the coming after the coming into force ofthis Constitution and its functions, assets
into force of this Constitution summoning Parliament to meet for the and liabilities are transferred to the Judicial Council.

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 The Constitution The Constitution

PARLIAMENT TO PRESCRIBE JURISDICTION OF REGIONAL PART IV - MISCELLANEOUS

TRIBUNALS AND ESTABLISH LOWER COURTS AND TRIBUNALS.
6. Parliament shall, within six months after the coming into force of EXISTING OFFICES.
this Constitution ­ 8. ( I ) A person who immediately before the coming into force
(a) prescribe by law the jurisdiction of Regional Tribunals of this Constitution held or was acting in an office in existence immediately
for the purposes of article 143 of this Constitution; before the coming into force of this Constitution, shall be deemed to
and have been appointed as far as is consistent with the provisions of this
(b) establish lower courts or tribunals for the purposes of Constitution, to hold or act in the equivalent office under this Constitution.
article 126 of this Constitution. (2) A person who before the coming into force of this Constitution
would have been required under the law in force to vacate his office at
EXISTING PUBLIC TRIBUNALS AND OTHER COURTS the expiration of a period of service shall, notwithstanding the provisions
7. ( I ) All cases partly heard befo e y of the following
. . Pu lic of subsection ( I ) of this section, vacate his office at the expiration of
Tribunals immediately before the commg mto force ofthIS ConStItutIOn, that period.
may be continued and completed before that public tribunal ­ (3) This section shall be without prejudice to any powers conferred
(a) the National Public Tribunal; by or under this Constitution or any other law not being inconsistent
(b) Regional Public Tribunals; with any provision of this Constitution, upon any person or authority to
(c) District Public Tribunals; and make provision for the abolition of office, for the removal from office
(d) Community Public Tribunals. ofpersons holding or acting in any office and for requiring those persons
(2) All cases partly heard before any Circuit Court, District Court to retire from office.
Grade I or District Court Grade II immediately before the coming into (4) In determining, for the purposes of any law relating to retiring
force of this Constitution may be continued and completed before that benefits or otherwise to length of service, the length of service of a
Court. public officer to whom the provisions of subsections ( I ) and (2) of this
(3) The National Public Tribunal shall c ase to e ist upon t e section apply, service as a public officer under the Government which
. su sectIOn ( I ) ofth s
completion ofthe partly heard cases referred to In terminates immediately before the coming into force of this Constitution
section, or within six months after the commg mto force of thIS shall be deemed to be continuous with service as a public officer which
Constitution, whichever is earlier. begins immediately at such coming into force.
(4) All cases other than those referred to in subsection ( 1 ) of this (5) A person to whom the provisions of this section apply shall,
section pending before the National Public Tribunal immediately before immediately on the coming into force of this Constitution or at any
the coming into force of this Constitution, shall be transferred to such convenient time thereafter, take and subscribe the oath, if any, required
court or tribunal as the Chief Justice may direct. for that office by law.
(5) Any person employed with any Public Tribunal immediately (6) A person who was entitled to retire on his salary immediately
before the coming into force of this Constitution and who is qualified before the coming into force of this Constitution shall have the same
and suitable for appointment to any office or position in the Judicial terms and conditions of service relating to retiring awards as he enjoyed
Service, may be so appointed if recommended to be appointed by the immediately before the coming into force of this Constitution; and
Judicial Council. accordingly, nothing in this Constitution or in this Schedule shall
adversely affect the conditions of service of any such person.

1 73 1 74
 The Constitution The Constitution

(7) The terms and conditions of service of a person to whom CASES PENDING BEFORE ORC, NIC AND SHAPIC
subsection ( l ) of this section applies shall not be less favourable than 1 2. Notwithstanding anything in this Constitution to the contrary, all
those applicable to him immediately before the coming into force of this cases pending before the Office of Revenue Commissioners established
Constitution. under the Revenue Commissioners Law, 1 984 (P.N.D.C.L 80), the
National Investigations Committee established under the National
CERTAIN APPOINTMENTS TO BE MADE WITHIN Investigations Committee Law, 1982 (P.N.D.C.L 2) and the State Houses
SIX MONTHS AFTER PRESIDENT ASSUMES OFFICE (Allocation Policy and Implementation) Commission established under
9. The first appointments to the following offices shall be made within the State Houses (Allocation Policy and Implementation) Commission
six months after the assumption of office of the President - Law, 1 984 (P.N.D.C.L 83) in existence immediately before the coming
(a) the Commi ssioner for Human Rights and into force of this Constitution may be proceeded with and completed by
Admini strative Justice and his Deputies; that Commission or Committee, until the submission of its report or
(b) the District Assemblies Common Fund Administrator; until it is otherwise dissolved in accordance with law.
(c) the Chairman, the Deputy Chairmen and Member of
the Electoral Commission; AGE FOR SOCIAL SECURITY PENSION
(d) the Chairmen and other members of- 13. Notwithstanding article 199 of this Constitution, a person is not
(i) the National Council for Higher Education howsoever entitled to receive pension under the Social Security Scheme under the
described; Social Security Law, 1991 (P.N.D.C.L.247) before attaining the age of
(ii) the National Media Commission; and fifty five years unless Parliament by law otherwise determines.
(iii) the National Commission for Civic Education.
EXISTING COMMISSIONS A ND COMMITTEES OF INQUIRY
PUBLIC CORPORATIONS 14. ( I ) Notwithstanding anything in this Constitution to the contrary
10. Until Parliament enacts an Act of Parliament in accordance with any commission or committee of inquiry in existence immediately before
article 192 of this Constitution for the establishment or operation of a the coming into force of this Constitution, may continue in existence
public corporation, a public corporation in existence immediately before until the submission of its report or until it is otherwise dissolved in
the coming into force of this Constitution shall continue its operations accordance with law.
under the enactment under which it was established. (2) For the avoidance of doubt, the report and findings of a
commission or committee of inquiry established before the coming into
OFFICE OF OMBUDSMAN force of this Constitution under any enactment shall have the same effect
11. The office of the Ombudsman in existence immediately before the as the report or findings of a commission of inquiry established under
coming into office of this Constitution shall, until the President appoints this Constitution.
the Commissioner for Human Rights and Administrative Justice and his
Deputies, and provision is otherwise made, continue as if its forms part PENDING MA TTERS
of the office of the Commission for Human Rights and Administrative IS. Where any matter or thing has been commenced before the coming
Justice. 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.

175 176
 The Constitution The Constitution

ENA CTMENTS NOT YE T IN FORCE

of this Constitution
OFFICIAL SEALS, ETC
16. The Presidential se.al, the Publi seal, the seals of the Superior Courts 2 1 . Where immediately before the coming into force
rce or was to come
as well as any prescnbed forms m use under any enactment in force any existing enactment had not been broug?t i to fo
on a date subseq uent to such commg mto force, the enactment
immediately before the coming into force of this Constitution shall into force
force in accord ance with its terms, or shall come
continue to be used until provision is otherwise made for them. may be brought into
case may be.
into fo rce upon such subseq uent date, as the
PREROGATIVE OF MERCY
ISSION
1 7. The prerogative of mercy of the President under article 72 of this REGISTER OF VOTERS AND ELECTORAL COMM
The registe r of voters for p bli electio ns an refere da. in
Constitution may be exercised in respect of any criminal offence 22. ( 1)
iately before the comm g mt fo ce of thiS ConstJtu IO!l
ommitted before the c mi.ng into force of this Constitution as it may existence immed
of this Consti tutIOn, have effect as If It
III respect of a cnmlllal offence committed thereafter. shall, on the coming into force
was compiled under this Constitution.
ion.al Electoral
(2) Subject to this Constitution, the Interim Na
CONSOliDATED FUND AND CONTINGENCYFUND TO CONTINUE
existen ce immed iately before the commg mto force of
!8. ( I ) !he Consolidated Fund and the Contingency Fund in existence Comm ission in
into force of this Consti tuti n d
Immediately before the coming into force of this Constitution shall this Constitution shall, on the coming
ts the membe rs of the Elect ral Comm iSSIOn
until otherwise provided by law, continue in existence as the Cons lidated until the President appoin . ns and powers
Fund and the Contingency Fund referred to in article 1 75 of this under section 9 of this Schedule, exercise the functIO
Const itution .
Constitution. provid ed for the Electoral Comm ission in this
(2) Subj ct to this S;onstitution, every payment required or authorised
!o be ma?e mto public fund or out of a public fund under any enactment DISTRICT ASSEMBliES, ETC. CONTINUED
m force Immediately before the coming into force of this Constitution IN EXISTENCE SUBJECT TO CONSTITUTION
law, existing I s
shall continue to be made into or out of that fund. 23. (1) Until Parliament otherwise provides by
local authontles
regulating the operation ofDi trict As mblies and other
shall continue to regulate their ?peratlOns. . .
mbhes Common
ESTIMATES FOR CURRENT FINANCIAL YEAR
(2) Until Parliame,nt est bhshes the IStrICt sse.
.

TO CONTINUE TO HA VE EFFECT
article of this Constitution, all taxes . and
19. N twithstanding any law to the contrary, the financial estimates in Fund in accordance With 252
lies shall contmue
opera!lO for the fmll?cial ye. i being a! the coming into force of this other moneys collected exclusively for district assemb the enactments
under
Co titution shall, until provIsion IS Otherwise made by Act of Parliament, to be collected exclusively for district assemblies
contmue and shall have full effect. under which they were collected.

HOUSES OF CHIEFS, ETC.

al Houses of C ie s,
PA YMENT AND SA VING OF RIGHTS
24. The National House of Chiefs, and the Region
of ose bO le m
UNDER FORMER CONSTITUTIONS AND LA WS
20. All compensations, pensions, gratuities and similar allowances the traditional councils and all Judicial Committees
of !hIS <;onst.ltutlOn
granted in accord ce wi h the provision of any Constitution or any existence immediately before the coming i to orce
contmue m eXistence
other law forme!ly l!l force m G a and w'.llch were payable immediately shall, on the coming into force of this ConstitutIOn,
before the c?mmg mto force of thiS Constitution, shall, notwithstanding subject to this Constitution.
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.

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 The Constitution The Constitution
CONSEQ UENTIAL AMENDMENTS TO CHIEF OF DEFENCE STAFF TO INCLUDE
OA THS DECREE, 1972 (N R. CD. 6) GENERAL OFFICER COMMANDING
25. The Oaths Decree, 1972 (N.R.C.D. 6), as amended, shall have effect
27. In this Constitution, any reference to the Chief of Defence Staff shall
subj ect to the provisions of this Constitution. be deemed to include any person who holds or held the office of General
Officer Commanding.
GENERAL ADAPTA TION OF EXISTING ENACTMENTS
26. Except where the context otherwise requires and subject to the other REFERENCE TO GOVERNMENT IN ENACTMENT
provisions of this Part, in all enactments in existence immediately before 28. (1) A reference to the Government in an enactment in existence
the coming into force of this Constitution - immediately before the coming into force of this Constitution, where
(a) for any reference to the Provisional National Defence the reference relates to a legislative function normally performed by
Council there shall be substituted a reference to the Parliament or a National Assembly shall be construed as a reference to
Cabinet; Parliament.
(b) for any reference to the Secretary to the Provisional (2) A reference to the Government in an enactment in existence
National Defence Council where the reference relates immediately before the coming into force of this constitution, where the
to the functions normally performed by the Secretary reference relates to an executive function of the Government, shall be
to the Cabinet the reference shall be a reference to the construed as a reference to the President.
Secretary to the Cabinet;
(c) any reference to the Secretary to the Committee of REFERENCES TO PROVISIONAL NATIONAL
Secretaries shall be a reference to the Head of the Civil DEFENCE COUNCIL IN ENACTMENT.
Service; 29. ( 1 ) A reference to the Provisional National Defence Council in any
(d) for any reference to a Secretary, being an individual enactment in existence immediately before the coming into force of this
of ministerial rank, there shall be substituted a reference Constitution where the reference was originally a reference to the
to a Minister; President sh all, be construed as a reference to the President.
(e) for any reference to a Member of the Provisional (2) A reference to the Provisional National Defence Council in any
National Defence Council responsible for any subject enactment in existence immediately before the coming into force of this
or department of State there shall be substituted a Constitution, where the reference relates to a legislative function normally
reference to the Minister responsible for that subject performed by Parliament or a National Assembly shall be construed, as
or department of State. 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 s hall 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.

179 1 80
 The Constitution The Constitution
MODIFICA TIONS OF EXISTING LA WS BY THE PRESIDENT (3) Where immediately before the coming into force of this
30. The First President under this Constitution may, at any time within Constitution any person held any property or asset in trust
twelve months after assuming office as President, by constitutional
-

(a) for the President ofGhana under the Constitution that

instrument, make such provision as may appear necessary for repealing, was abrogated on 3 1 st December, 198 1 ; or
modifYing, adding to or adapting any law for bringing it into accord (b) for the Provisional National Defence Council or the
with the provisions of this Constitution or otherwise for giving effect Government of Ghana;
to this Constitution. for the purposes of, or in right of, the Government ofGhana, that person
shall on the coming into force of this Constitution, hold the property
CONTINUA TION OF EFFECT OF or as et subject to the provisions ofarticle 257 and 258 ofthis Constitution,
MA TTERS PRESCRIBED BY EXISTING LA W. on the same trust for the Government of Ghana established under this
31. ( 1 ) Where any matter that falls to be prescribed or otherwise provided Constitution.
for under this Constitution by Parliament or by any other authority or (4) In this section, references to property and assets vested in or
person, is prescribed or provided for by or under any existing law or is held in trust shall include property and assets vested in or held in trust
otherwise lawfully prescribed or provided for immediately before the immediately before the 3 1 st day of December 198 1 , for an interest which
coming into force of this Constitution, that prescription or provision extended beyond the 30th day of December, 198 1 and has not been
shall, as from the coming into force of this Constitution, have effect surrendered.
with such modifications, adaptations, qualifications and exceptions as
may be necessary to bring it into conformity with this Constitution as DEVOLUTION OF OTHER RIGHTS AND LIABILITIES
if made under this Constitution by Parliament or, as the case may be, 33. Subject to section 32 of this Schedule ­
by the other authority or person. (a) where under an existing law, a right, prerogative,
(2) For the avoidance of doubt, and without prejudice to the general power, privilege or function is vested in the Provisional
effect of subsection ( I ) of this section, where anything is required or National Defence Council, that right, prerogative,
authorised by this Constitution to be prescribed or provided for by or power, privilege or function shall, on the coming into
under an Act ofParliament, it shall be deemed to be duly prescribed or force ofthis Constitution, vest in the President or such
provided for, if it has been prescribed or provided for by or under an other person or authority as is specified under this
Act, Decree or a Law in force immediately before the coming into force Constitution who, subject to the provisions of this
of this Constitution. Constitution or any other law, may do all things
necessary for its exercise or performance; and
SUCCESSION TO PROPERTY (b) any right, power, privilege, obligation, liability, duty
32. ( I ) Subject to the provisions ofarticles 257 and 258 ofthis Constitution, or function vested in, or subsisting against the
all properties and assets which immediately before the coming into force Government of Ghana by or under an existing law
of this Constitution were vested in any authority or person for the shall continue to so vest or subsist.
purposes of, or in right of, the Government ofGhana 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.

181 1 82
 The Constitution
Forces Revolutionary Council in the name of either the Provisional
INDEMNITY
National Defence Council or the Armedwhats Forces Revolutionary Council
34. (I! No me ber of the Provisional National Defence Council
shall be questioned in any proceeding s oever and, accordingly, it
Provlslo a! NatIonal. Defence Council Secretary, or other appointees of shall not be lawfu l for any court or other tribun al to make any order or
!h ProvISIonal NatIonal Defence Council shall be held liable either
grant any remedy or relief in respe ct of any such act.
Jomtly or s ,,:erally, f r any act or omission during the administration (4) The provisions of subsection (3) of this
section shall have effect
of the ProvIsional NatIOnal Defence Council
notwithstanding that any such actionany as is referred to in that subsection
(2) It is no! Iawful
. for any court or tribu al to entertain any action
was not taken in accor dance with procedure prescribed by law.
or take any declsl?n
. or. make any order or grant any remedy or relief in (5) It is not lawfu l for any court or tribun al to entertain an action
any proce dmgs mstItuted against the Government of Ghana or any
instituted in respect of an act or omis sion again st a person acting or
person actmg under the. aut!t0rity of the Government of Ghana whether rity
omitting to act, on the instructions or authos Revolution of the Provisional National
before or after the co mg .mto force of this Constitution or against any
Defence Coun cil or the Arme d Force ary Council or a
person or person actmg m concert or individually to assist or bring
member of the Provi siona l Natio nal Defe nce Coun cil or the Armed
about the change m Government which took place on the twenty-fourth cil and allege d to be in contra vention of any
day of February 1 966, on the thirteenth day of January 1 972 on the Forces Revolutionary Coun , in existe nce befor e or during
dural
law, whether substantive or proce l National Defence Council or the
r0urth day of June 1979 and on the thirty-first day ofD cemb r 1 98 1 the administration of the Provisionacil.
m respect o f any act or omission relating to, or consequent upon ­ Armed Forces Revolutionary Coun
(a) the ove.rthrow of the government in power before the
for atlOn of the ational iberation Council, the PRESER VA TION OF CONFISCA TION
NatlO al RedemptIOn CouncIl, the Supreme Military AND PENAL TIES IMPOSED BY A.F.R .C.
AND P.N.D .C
CouncIl, e.Armed Fo ces Revolutionary Council and
35. (I) Subject to subsection (2) ofthis sectio
n, any confiscation of any
the ProvIsIOnal NatIOnal Defence Council' or property and any other penalties imposed by or under the authority of
(b) the suspension or abrogation of the Constitutio s of
the Armed Force s Revo lution ary Coun cil and the Provisional National
1 960, 1969 and 1979; or
Defence Council under any Decr ee or Law made by the Council, shall
(c) the establishment of National Liberation Council the Constitut ion .
Natio al R demption Council, the Supreme Military not be reve rsed by any auth of any propethis
ority unde r
rty of a person was
CouncIl which took office on the ninth day of October (2) Where any property or part cal office or on
confiscated on the basis of his holdi ng a publi c or politi
1 975, the Supreme Military Council established on is establ ished to the satisfaction of the Comm issioner
the fift day of July 1 978, the Armed Forces any other basis, and it Justic e that the prope rty or that
for Human Rights and Admi nistrative
RevolutIOnary Council, or the Provisional National
part was acquired before he assumedred, the public or political office, or
Defence Council; or that part shall
(d) the. establishment of this Constitution. that it was otherwise lawfully acqui the property or
be returned to that perso n .
. (3). For t e v�)) dan e of doubt, it is declared that no executive,
leglslatIv ?r Judlclal .actlOn taken or purported to have been taken by ABROGA TION OF P.N.D C (ESTA BLISH
MENT) PROCLAMATION
the Pro.vlSlonal Na lOnal Defence Council or the Armed Forces 36. (I) Upon the coming into force of this
Constitution, the Provisional
Revol tIonary CounCil or a member of the Provisional National Defence National Defence Council (Establishm ent) Procl amation, 1 98 1 and the
Cou cll or the Armed .F?rces Re,,:olutionary Council or by any person cil (Establishment) Proclamation.
Provisional National Defence CounProvi
appomted by the ProVISIOnal NatIOnal Defence Council or the Armed (Supplementary and Consequential sions) Law, 1982 (P.N.D.C.L
42) shall cease to have effect.

1 84
1 83
 The Constitution The Constitution

(2) Notwithstanding the abrogation of the Proclamation referred to faithful and true to the Republic of Ghana; that I will at all times preserve,
.
subs ction ( 1 ) of this section, any enactment or rule of law in force protect and defend the Constitution of the Republic of Ghana; and that
Immediately before the coming into force of this Constitution shall in I dedicate myself to the service and well-being of the people of the
so f r as ,it is not in onsistent ith a provision of this Constituti n, Republic of Ghana and to do right to all manner of persons.
cOntmue
. I f rce as If enacted, Issued, or made under the authority of
thiS ConstitutIOn. I further (solemnly swear) (solemnly affirm) that should I at any time
break this oath of office I shall submit myself to the laws ofthe Republic
SECTIONS NOT TO BE AMENDED of Ghana and suffer the penalty for it (So help me God)
37. ,Notwithstanding anything in Chapter 25 of this Constitution,
ParlIament shall have no power to amend this section or sections 34 and To be administered by the ChiefJustice before Parliament.
35 of this Schedule.
THE OATH OF THE VICE-PRESIDENT

SECOND SCHEDULE
I, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . having been elected
FORMS OF OATH to the office of Vice-President ofthe Republic of Ghana, do (in the name
of the Almighty God swear) (solemnly affirm) that I will be faithful and
THE OATH OF ALLEGIANCE true to the Republic of Ghana; that I will at all times preserve, protect
and defend the Constitution of the Republic of Ghana; and I dedicate
myselfto the service and well-being of the people of the Republic of
Ghana and to do right to all marmer of persons.
I, : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .do (in the name
. . . . . . . . . .

of the Almighty God swear) (solemnly affirm) that I will bear true faith
d allegiance to the Republic of Ghana as by law established' that I I further (solemnly swear) (solemnly affirm) that should I at any time
WIll uphold the sovereignty and integrity of Ghana; and that I will break this oath of office, I shall submit myself to the laws ofthe Republic
preserve, protect and defend the Constitution ofthe Republic of Ghana. of Ghana and suffer the penalty for it. (So help me God).
(So help me God).
To be administered by the ChiefJustice before Parliament.
To be sworn before the President. the ChiefJustice or such other persons
as the President may designate.
THE JUDICIAL OATH

THE PRESIDENTIAL OATH

I, . .. . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . having been
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

appointed (Chief Justice/ a Justice ofthe Supreme Courtla Justice of the

I, having been Court of Appeal/a Justice of the High Court of Justice, etc) do (in the
name of the Almighty God swear) (solemnly affirm) that I will bear true
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

elected to the high office of President ofthe Republic of Ghana do (in

the name of the Almighty God swear) (solemnly affirm) that I will be faith and allegiance to the Republic of Ghana as by law established; that
I will uphold the sovereignty and integrity of the Republic of Ghana;
and that I will truly and faithfully perform the functions of my office

1 85 1 86
 The Constitution The Constitution

without fear or favour, affection or ill-will; and that I will at all times protect and defend the Constitution ofthe Republic of Ghana as by law
uphold, preserve, protect and defend the Constitution and laws of the established; that I will, to the best of my judgment, at all times when
Republic of Ghana. (So help me God). required, freely give my counsel and advice for the good management
of!he ,Public affairs of the Republic of Ghana; and that I will not directly
To be sworn before the President, the ChiefJustice or such other person or mdlrectly reveal any matters that shall come to my knowledge in the
as the ChiefJustice may designate. discharge ofmy duties and committed to my secrecy as Minister of State
(Deputy Minister). (So help me God).
THE OATH OF MEMBERS OF COUNCIL OF STATE
To be sworn before the President
I, . . . . . . . . . .. . . . . . .. .. . ... . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . do (solemnly
swear in the name of the Almighty God) (solemnly affirm) that I will THE OATH OF SECRECY
faithfully and conscientiously perform my duties as a member of the
.
f''''''''''''''''''''''''''''''''''''''''''''''''''''''' ............ :::::: :::::: ::::::::::: : .... ...
Council ofState and uphold, preserve, protect and defend the Constitution
ffi I
the name of the Almighty God swear) (solemnly affirm) that I. will not
of the Republic of Ghana. (So help me God).
To be sworn before the President. directly or indirectly communicate or reveal to any person any matter
which shall be brought under my consideration or shall come to my
knowledge in the discharge of my official duties except as may be
THE CABINET OATH required for the discharge of my official duties or as may be specially
permitted by law. (So help me God).
I, . .
. . . . . . . . . . . . . . . .
. . . . . . having been
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . To be sworn before the President, the ChiefJustice or such other person
appointed a member of the Cabinet do (in the name of the Almighty as the President may designate.
God swear) (solemnly affirm) that I will not directly or indirectly reveal
such matters as shall be debated in the Cabinet and committed to my
secrecy; and that I will uphold, preserve, protect and defend the THE OFFICIAL OATH
Constitution of the Republic of Ghana. (So help me God).
To be sworn before the President I, do
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...

( in the name of the Almighty God swear) (solemnly affirm) that I will
at all times well and truly serve the Republic of Ghana in the office of
THE OATH OF MINISTER OF STATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and that I will uphold, preserve,
protect and defend the Constitution of the Republic of Ghana as by law
established. (So help me God).
I, having been
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

appointed Minister of State (Deputy Minister) ofthe Republic of Ghana, To be sworn before the President or such otherperson as the President
do (in the name of the Almighty God swear) (solemnly affirm) that I may designate.
will at all times well and truly serve the Republic of Ghana in the office
of Minister of State (Deputy Minister); that I will uphold, preserve,

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 The Constitution The Constitution

THE SPEAKER'S OATH THE OATH OF THE AUDITOR-GENERAL

I, do (in I, having been

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...

appointed Auditor-General of the Republic of Ghana .do (in the n e

. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

the name of the Almighty God swear) (solemnly affirm) that I will bear
true faith and allegiance to the Republic of Ghana as by law established; ofthe Almighty God swear) (solemnly affirm) that I will bear true fruth
that I will uphold the integrity of the Republic of Ghana; that I will and allegiance to the Republic of Ghana; that I ,,:I11 uphold, preserve,
.

faithfully and conscientiously discharge my duties as Speaker of protect and defend the Constitution of the R pubhc of Ghana; an that
Parliament; and that I will uphold, preserve, protect and defend the I will truly and faithfully perform the functIOns of my office Without
Constitution of the Republic of Ghana; and that I will do right to all fear or favour, affection or i ll-will. (So help me God)
manner of persons in accordance with the Constitution of Ghana and
the laws and conventions of Parliament without fear or favour, affection To be sworn before the President. or such other person as the President
or ill-will. (So help me God). may designate.

To be sworn before the ChiefJustice.

Made this 8th day of May, 1992

THE OATH OF A MEMBER OF PARLIAMENT FLT.-LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

I, . having been
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date of Gazette notification: 1 5th May, 1992.
elected a member of Parliament do (in the name of the Almighty God
swear) (solemnly affirm) that I will bear true faith and allegiance to the
Republic of Ghana as by law established; that I will uphold, preserve,
protect and defend the Constitution of the Republic of Ghana; and that
I will faithfully and conscientiously discharge the duties of a member
of Parliament. (So help me God).

To be sworn before the Speaker

189 190