📘 PART 1: CITIZENSHIP IN GHANA

1. Definition and Importance of Citizenship

The question "Who is a citizen?" is one of the most crucial in any country, especially in states
like Ghana, where the benefits of citizenship are significant and the consequences of being
considered a non-citizen are weighty. Citizenship determines who is eligible to vote, own land,
serve in government, and enjoy the protections of the state. As such, many countries strive to
clearly define the laws governing citizenship to ensure clarity for both individuals and public
officials.

In Ghana, this definition is essential to various sectors. For instance, an official at the Lands
Commission reviewing a conveyancing document must assess whether the proposed lessee is a
Ghanaian or a foreign national. This is because the Constitution restricts land leases for non-
citizens to a maximum of 50 years, whereas Ghanaians may hold interests for much longer.

2. Legal Framework and Historical Context

The law on citizenship in Ghana is based on:

 Chapter 3 of the 1992 Constitution (as amended by Act 527)

 Citizenship Act, 2000 (Act 591)

The 1992 Constitution, particularly Article 6, makes a distinction between persons who were
already citizens before it came into force (7 January 1993) and those born afterwards. Article
6(1) retains citizenship for anyone who was already a citizen by law on that date. This provision
reflects a rare area of Ghanaian constitutional law where repealed legislation continues to have
legal relevance.

The Constitution doesn’t specify what category of citizenship a person holds—whether by birth,
registration, or naturalization—but defers to prior legislation to determine this. Thus, the laws
that were in effect before 1993, including the Ghana Nationality Act of 1957, 1961, 1967, 1971,
and relevant decrees, remain essential references.

3. Complexities of Ghanaian Citizenship

Unlike some countries that base nationality solely on birth (lex soli) or descent (lex sanguinis),
Ghana employs a mixed system. However, Ghana places greater emphasis on descent. For
example, even if you are born in Ghana, you are not automatically a citizen unless one of your
parents or grandparents is or was a Ghanaian citizen. Ethnic and historical factors also influence
citizenship, as colonial borders often divided ethnic groups between Ghana and neighboring
countries like Burkina Faso and Togo.

Citizenship in Ghana is therefore not purely legal; it is also tied to historical and cultural identity.
For example, being a member of an ethnic group such as the Kokomba or Moshi does not
automatically make one Ghanaian, since those groups span across national borders.
4. Types of Ghanaian Citizenship

A. Citizenship by Birth

Defined according to specific historical periods:

 Before 6 March 1957: A person born in Ghana with a parent or grandparent born in
Ghana; or born abroad with one parent born in Ghana.
 6 March 1957 – 22 August 1969: Section 4 provides that you are a citizen by birth if you
were born in or outside Ghana, and either of your parents and one of your grandparents or
great-grandparents was born in Ghana. However, if the parent or grandparent through
whom you claim citizenship had lost their Ghanaian citizenship before your birth, you do
not qualify.
o Section 4(3)(a)(b): If your parents were citizens by registration or naturalization
during this period, you are still a citizen by birth.
o If born outside Ghana, both parents must be registered or naturalized citizens to
pass on citizenship.
o Case Law: In Re Akua Agyeman (unreported, High Court, Accra) – clarified
that where the grandparent had renounced citizenship prior to birth, the claim
fails.
 22 August 1969 – 24 September 1979: Section 5 states that a person born within this
period is a citizen if either parent is a Ghanaian. The type of citizenship of the parent
(birth, registration, naturalization) is not distinguished.
 24 September 1979 – 6 January 1993: Section 6 covers those born during this period. If
born in Ghana, either a parent or grandparent must be a Ghanaian citizen. If born outside
Ghana, one parent must be a citizen.
 After 7 January 1993: Section 7 applies. Anyone born in or outside Ghana becomes a
citizen by birth if either parent or grandparent was or is a Ghanaian.

B. Foundlings and Adopted Children

 Section 8: Children under 7 found in Ghana with unknown parentage are presumed
Ghanaian (Article 6(3)).
o Case Law: Republic v. Registrar of Births and Deaths; Ex Parte Ali (2015) –
upheld this presumption and barred deportation of a minor found abandoned in
Kumasi.
 Section 9: Children under 16 adopted by Ghanaian citizens acquire citizenship by virtue
of adoption (Article 6(4)).

C. Citizenship by Registration

Outlined in Sections 10–12:

 Applies to citizens from "approved countries" (President designates list), spouses of

Ghanaians, or children of registered citizens.
 Conditions:
 o Good character
o Ordinarily resident in Ghana
o 5 years of residency
o Speak and understand a Ghanaian language
o Oath of allegiance
 Registration takes effect on the date of taking the oath, not the date of issuance of the
certificate.
 Marriage: If the Minister suspects a marriage was done solely for acquiring citizenship, it
may be revoked.
o Case Law: Boakye v. Republic (2002) – confirmed that registration is invalid if
marriage is proven to be one of convenience.

D. Citizenship by Naturalization

Outlined in Section 14:

 Continuous residence in Ghana for at least 12 months prior to application

 Total of 5 years residency out of 7 years before application
 No criminal record
 Good character attested by two Ghanaians
 Ability to speak a local language (not necessarily write it)
 Evidence of assimilation into Ghanaian life
 Valid residence permit
 Intention to reside in Ghana permanently
 Must have contributed or capable of contributing to Ghana’s progress

Note: The Minister cannot waive language requirements (Section 14(3)).

 Case Law: Captan v. Attorney-General (1970) – determined the date of naturalization

takes effect from the day the oath is sworn, not when certificate is issued.

5. Dual Citizenship

Section 16, amended by Act 527:

 Since 2001, Ghanaians may hold citizenship of another country.

 Dual citizens must register with the Minister of Interior.
 Past laws required renunciation at age 18 if a person held dual nationality at birth.
 Positions such as Chief Justice, Ambassador, Service Chiefs, and others are barred to
dual citizens.
 Case Law: Prof. Stephen Asare v. Attorney-General (2012) – the Supreme Court
upheld disqualifications for dual citizens holding certain public offices but ruled that
Parliament could not delegate power to expand the list to the Minister.

6. Proof and Challenges of Citizenship

Ghana’s historical and legal complexity often makes proving citizenship difficult. For those born
before independence:

 Must refer to British Nationality Act, 1948 (e.g., Citizen of the UK and Colonies, British
Protected Person)
 Many ethnic groups (e.g., Ewes, Moshie) span across borders; being of that ethnicity
does not guarantee Ghanaian nationality

Children born out of wedlock: Ghana allows either parent to confer citizenship, unlike some
countries where only the mother or a married father can transmit nationality.

 Case Law: Quarcoo v. Republic (2007) – court ruled that a child born out of wedlock
could claim nationality through the Ghanaian father if paternity is proven.

7. Loss of Citizenship

 Section 17: Voluntary renunciation is allowed, including scenarios involving marriage or

dual nationality.
 Section 18: Citizenship acquired by registration or naturalization can be revoked by High
Court upon application by the Attorney-General if:
o Person poses a threat to national security or public morality
o Citizenship obtained through fraud or misrepresentation

Section 24(4) clarifies that the age of majority for nationality purposes is 18.

8. Academic Insights (C.E.K. Kumado)

 Citizenship is both legal and historical

 Ghana’s "open-door" policy for Africans has blurred enforcement
 Three categories of citizenship: birth, registration, naturalization
 Proving citizenship by birth is often harder than by registration/naturalization
 Tribe or ethnicity alone doesn’t confer citizenship
 Citizenship is not automatically conferred by long-term residency or ethnicity alone
📗 PART 2: COMMISSIONS OF ENQUIRY IN GHANA

1. Definition and Constitutional Role

A Commission of Enquiry is a constitutionally established body tasked with investigating

matters of national or public interest. It is not a judicial body but holds quasi-judicial powers.
This mechanism is embedded in Chapter 23 (Articles 278–283) of the 1992 Constitution.

It must be distinguished from departmental or administrative inquiries, which are internal to

institutions. Commissions of Enquiry are more formal, public, and generally involve broader
public policy concerns.

2. Historical Origins and Development

 Pre-independence commissions were governed by the Commission of Enquiry Act (Cap

249).
 Notable example: Gower Commission, led by an expert in company law, which
influenced the Companies Code.
 Other examples include the Anin Commission on bribery and corruption.

Post-independence, commissions were used more frequently, especially under military regimes
to justify coups by investigating previous governments for corruption and abuse of power.

3. Legislative Framework

 Act 230: Corrupt Practices and Prevention Act, 1962

 Act 250: Commission of Enquiry Act, 1954
 Findings of commissions under Act 230 could be used as prima facie evidence in court.
o This was criticized for undermining fair trial principles.
o Case Law: Akainyah v. Republic – a judge was convicted based on a
commission's report, raising concerns about presumption of innocence.

4. Constitutional Basis: Articles 278–280

A commission can be appointed by the President:

1. On their own initiative when it serves the public interest

2. On advice of the Council of State
3. By resolution of Parliament

Article 259 defines commissions to include committees of enquiry.

Case Law: Bossman v. K.A. Gbedemah – clarified that adverse findings must come from a
commission, not a committee, for political disqualification to apply.

5. Composition and Qualifications

  A commission may consist of a sole commissioner or multiple members.
 Must be a superior court justice (or qualified to be one), or a person with expertise in the
subject matter.
 When multiple members are appointed, at least one must be a High Court or superior
court judge.

6. Powers and Limitations

 Commission has powers of a High Court: subpoena witnesses, compel evidence, examine
persons abroad.
 Does not exercise judicial power and its findings are not binding.
 Commissioners enjoy immunity under the Constitution similar to judges.
 Case Law: In Re Out and Kwapong – reaffirmed a person’s right to silence before a
commission; protections under Article 19 extend to commissions.

7. Functions and Reporting (Article 280)

The Commission must:

 Conduct full, faithful, and impartial inquiry

 Submit a written report
 Provide reasons and recommendations

Adverse findings:

 Are deemed judgments of the High Court

 Subject to appeal to the Court of Appeal within 3 months of publication or notification
 Government must issue a White Paper within 6 months, else adverse findings become
void

Case Law: Ghana @ 50 Commission (Republic v. Mpiani & Wereko-Brobbey)

 Government prosecuted based on commission findings

 Court held that prosecution should not commence before the appeal window closed or
White Paper issued
 Reaffirmed that commissions are fact-finding bodies and not substitutes for criminal
prosecution

8. Key Principles and Safeguards

 Commissions are not courts

 They cannot impose penalties
 Findings must be justifiable and supported with evidence
 Individuals have the right to counsel and to silence
 Adverse findings require due process and appeal rights
9. Procedural Rules

 Rule of Court Committee is tasked with formulating procedures under CI 65

 The conduct must resemble a trial in structure, with fair hearing standards

Commissions serve a vital role in Ghana’s constitutional architecture—ensuring transparency,

accountability, and governance review. However, the balance between fact-finding and fair trial
rights remains a legal and ethical concern.