Ghana

CONSTITUTIONAL DOCUMENTS AVAILABLE for

THE REPUBLIC OF GHANA

The Constitution of the Republic of Ghana, 1992 (as Amended to 1996)

The Constitution of the Republic of Ghana (Amendmen t) Act, 1996

Background to the 1996 Amendments to the Constituti on of Ghana

CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA

(PROMULGATION) LAW, 1992

*[Editor's Note : This text has been integrated to include all amen dments to the original document.

These changes have been highlighted for easy ident ification.

Table of Contents

P.N.D.C.L. 282

CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA

(PROMULGATION) LAW, 1992

WHEREAS by the Consultative Assembly Law, 1991 (P.N .D.C.L. 253) the Provisional

National Defence Council set up a Consultative Asse mbly to prepare a draft Constitution for

the administration of Ghana;

WHEREAS the Consultative Assembly submitted the draft Cons titution for the Republic of

Ghana to the P.N.D.C. on 31st March, 1992;

WHEREAS the said draft Constitution was submitted to a nat ional referendum held throughout

Ghana on the 28th April, 1992;

AND WHEREAS the people of Ghana approved the said Constitution for the administration of

Ghana to come into force on 7th day of January, 199 3.

NOW THEREFORE IN pursuance of the Provisional National Defence Coun cil (Establishment)

Proclamation 1981, this Law is hereby made:

1. COMMENCEMENT OF THE CONSTITUTION.

The Constitution approved at the Referendum held on 28th April, 1992 and set out in the

Schedule to this Law shall come into force on the 7 th day of January, 1993.

2. PRINTING OF CONSTITUTION.

Whenever it becomes necessary for the Constitution to be printed the Government Printer

may omit all parts of this Law and the Constitution as so printed shall, subject to section 1 of

this Law have the force of law notwithstanding the omission.

SCHEDULE

CONSTITUTION OF THE REPUBLIC OF GHANA, 1992

REPUBLIC OF GHANA

CONSTITUTION

OF THE

REPUBLIC

OF

GHANA

1992

ARRANGEMENT OF CHAPTERS

THE PREAMBLE

CHAPTER

1. THE CONSTITUTION

2. TERRITORIES OF GHANA

3. CITIZENSHIP

4. THE LAWS OF GHANA

5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

General

Emergency Powers

Protection of Rights by the Courts

6. THE DIRECTIVE PRINCIPLES OF STATE POLICY

7. REPRESENTATION OF THE PEOPLE

Right to Vote

Electoral Commission

Political Parties

8. THE EXECUTIVE

The President

International Relations

The Cabinet

The National Security Council

National Development Planning Commission

The Attorney-General

9. THE COUNCIL OF STATE

10. THE LEGISLATURE

Composition of Parliament

Procedure in Parliament

Summoning, Dissolution, etc.

Privileges and Immunities

Contempt of Parliament

The Parliamentary Service

11. THE JUDICIARY

General

The Supreme Court

The Court of Appeal

The High Court

Regional Tribunals

Appointment, retirement and removal of Justices of Superior Courts and Chairmen and other

members of Regional Tribunals.

Appointment, retirement and removal of Judicial Off icers

The Judicial Council

Miscellaneous

12. FREEDOM AND INDEPENDENCE OF THE MEDIA

13. FINANCE

General

Statistical Service

The Auditor-General

The Audit Service

14. THE PUBLIC SERVICES

15. THE POLICE SERVICE

16. THE PRISONS SERVICE

17. GHANA ARMED FORCES OF GHANA

18. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE J USTICE

19. NATIONAL COMMISSION FOR CIVIC EDUCATION

20. DECENTRALIZATION AND LOCAL GOVERNMENT

21. LANDS AND NATURAL RESOURCES

Public Lands

Lands Commission

Ownership of land by Non-Citizens

Stool and Skin Lands and Property

Protecting Natural Resources

22. CHIEFTAINCY

23. COMMISSIONS OF INQUIRY

24. CODE OF CONDUCT FOR PUBLIC OFFICERS

25. AMENDMENT OF THE CONSTITUTION

26. MISCELLANEOUS

SCHEDULES

First Schedule—Transitional Provisions

Part I—First President

Part II—First Parliament

Part III—The Judiciary

Part IV—Miscellaneous

Second Schedule

Oaths

THE CONSTITUTION OF THE REPUBLIC OF GHANA

ARRANGEMENT OF ARTICLES

CHAPTER ONE

THE CONSTITUTION

Article

1. Supremacy of the Constitution

2. Enforcement of the Constitution

3. Defence of the Constitution

CHAPTER TWO

TERRITORIES OF GHANA

4. Territories of Ghana

5. Creation, Alteration or Merger of Regions

CHAPTER THREE

CITIZENSHIP

6. Citizenship of Ghana

7. Persons entitled to be registered as Citizens

8. Dual Citizenship

9. Citizenship Laws by Parliament

10. Interpretation

CHAPTER FOUR

THE LAWS OF GHANA

11. The Laws of Ghana

CHAPTER FIVE

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

General

12. Protection of Fundamental Human Rights and Free doms

13. Protection of Right to Life

14. Protection of Personal Liberty

15. Respect for Human Dignity

16. Protection from Slavery and Forced Labour

17. Equality and Freedom from Discrimination

18. Protection of Privacy of Home and Other Propert y

19. Fair Trial

20. Protection from Deprivation of Property

21. General Fundamental Freedoms

22. Property Rights of Spouses

23. Administrative Justice

24. Economic Rights

25. Educational Rights

26. Cultural Rights and Practices

27. Women’s Rights

28. Children’s Rights

29. Rights of Disabled Persons

30. Rights of the Sick

Emergency Powers

31. Emergency Powers

32. Persons detained under Emergency Laws

Protection of Rights by the Courts

33. Protection of Rights by the Courts

CHAPTER SIX

THE DIRECTIVE PRINCIPLES OF STATE POLICY

34. Implementation of Directive Principles

35. Political Objectives

36. Economic Objectives

37. Social Objectives

38. Educational Objectives

39. Cultural Objectives

40. International Relations

41. Duties of a Citizen

CHAPTER SEVEN

REPRESENTATION OF THE PEOPLE

Right to Vote

42. Right to Vote

43. Electoral Commission

44. Qualifications, Terms and Conditions of Service of Members of Electoral Commission

45. Functions of Electoral Commission

46. Independence of the Commission

47. Constituencies

48. Appeals from Decisions of Commission

49. Voting at Elections and Referenda

50. Election of Candidates

51. Regulations for Elections and Referenda

52. Regional and District Representatives of Commis sion

53. Appointment of Staff of Commission

54. Expenses of Commission charged on Consolidated Fund

Political Parties

55. Organization of Political Parties

56. Restriction of Certain Propaganda

CHAPTER EIGHT

THE EXECUTIVE

The President

57. The President of Ghana

58. Executive Authority of Ghana

59. Absence from Ghana

60. The Vice-President and Succession to the Presid ency

61. Public and Presidential Seals

62. Qualifications of President

63. Election of President

64. Challenging Election of President

65. Presidential Election Regulations

66. Term of Office of President

67. Presidential Messages

68. Conditions of Office of President

69. Removal of President

70. Appointments by President

71. Determination of Certain Emoluments

72. Prerogative of Mercy

International Relations

73. International Relations

74. Diplomatic Representation

75. Execution of Treaties

The Cabinet

76. The Cabinet

77. Meetings of the Cabinet

78. Ministers of State

79. Deputy Ministers

80. Oaths

81. Tenure of Office of Ministers, etc.

82. Vote of Censure

The National Security Council

83. The National Security Council

84. Functions of the National Security Council

85. Establishment of Security Services

National Development Planning Commission

86. National Development Planning Commission

87. Functions of National Development Planning Comm ission

The Attorney-General

88. The Attorney-General

CHAPTER NINE

THE COUNCIL OF STATE

89. The Council of State

90. Consideration of Bills by the Council of State

91. Other functions of the Council

92. Meetings of Council of State

CHAPTER TEN

THE LEGISLATURE

Composition of Parliament

93. The Parliament of Ghana

94. Qualifications and Eligibility

95. The Speaker

96. Deputy Speakers

97. Tenure of Office of Members

98. Emoluments of Members

99. Determination of Membership

Procedure in Parliament

100. Oath of Members

101. Presiding in Parliament

102. Quorum in Parliament

103. Committees of Parliament

104. Voting in Parliament

105. Unqualified Person Sitting or Voting

106. Mode of Exercising Legislative Power

107. Retroactive Legislation

108. Settlement of Financial Matters

109. Professional Organisations

110. Standing Orders of Parliament

111. Attendance in Parliament of Vice-President and Ministers

Summoning, Dissolution etc.

112. Sessions of Parliament

113. Dissolution of Parliament

114. Gratuities for Members of Parliament

Privileges and Immunities

115. Freedom of Speech and of Proceedings

116. Immunity from Proceedings for Acts in Parliame nt

117. Immunity from Service of Process and Arrest

118. Immunity from Witness Summons

119. Immunity from Service as Juror

120. Immunity for Publication of Proceedings

121. Privileges of Witnesses

Contempt of Parliament

122. General Contempt

123. Criminal Proceedings

The Parliamentary Service

124. The Parliamentary Service

CHAPTER ELEVEN

THE JUDICIARY

General

125. The Judicial Power of Ghana

126. Composition and Mode of Exercise of Power of J udiciary

127. Independence of the Judiciary

The Supreme Court

128. Composition of Supreme Court and Qualification s of its Justices

129. General Jurisdiction of Supreme Court

130. Original Jurisdiction of Supreme Court

131. Appellate Jurisdiction of Supreme Court

132. Supervisory Jurisdiction of Supreme Court

133. Power of Supreme Court to Review its decisions

134. Powers of a Single Justice of Supreme Court

135. Production of official Documents in Court

The Court of Appeal

136. Composition of Court of Appeal and Qualificati ons of its Justices

137. Jurisdiction of Court of Appeal

138. Powers of a Single Justice of Court of Appeal

The High Court

139. Composition of High Court and Qualifications o f its Justices

140. Jurisdiction of the High Court

141. Supervisory Jurisdiction of the High Court

Regional Tribunals

142. Establishment and Composition of Regional Trib unals and Qualifications of Chairmen

and other Panel Members

143. Jurisdiction of Regional Tribunals

Appointment, Retirement and Removal of Justices of Superior Courts and Chairmen and

other Members of Regional Tribunals

144. Appointment of Justices of Superior Courts and Chairmen and other Members of

Regional Tribunals

145. Retirement and Resignation of Justices of the Superior Courts and Chairmen of Regional

Tribunals

146. Removal of Justices of Superior Courts and Cha irmen of Regional Tribunals

147. Service Conditions and Removal of Panel Member s of Regional Tribunal other than the

Chairman

Appointment, Retirement and Removal of Judicial Off icers

148. Appointment of Judicial Officers

149. Conditions of Service of Judicial Officers

150. Retirement and Resignation of Judicial Officer s

151. Removal of Judicial Officers

152. Appointment, Allowances and Removal of Lower C ourt or Tribunal Panel members

The Judicial Council

153. Judicial Council

154. Functions of Judicial Council

Miscellaneous

155. Retiring Awards of Superior Court Justices

156. Judicial Oath

157. Rules of Court

158. Other Officers and Employees of Courts

159. Regulations by Chief Justice

160. Fees of the Courts to form part of Consolidate d Fund

161. Interpretation

CHAPTER TWELVE

FREEDOM AND INDEPENDENCE OF THE MEDIA

162. Freedom and Responsibility of the Media

163. Responsibility of State-owned Media

164. Limitation on Rights and Freedoms

165. Media Rights and Freedoms to be Additional to Fundamental Human Rights

166. National Media Commission

167. Functions of the Commission

168. Appointment of Board Members of State-owned Me dia

169. Appointment of Editors

170. Staff of Commission

171. Expenses of Commission charged on Consolidated Fund

172. Independence of Commission

173. Independence of Journalists

CHAPTER THIRTEEN

FINANCE

General

174. Taxation

175. Public Funds of Ghana

176. The Consolidated Fund

177. Contingency Fund

178. Withdrawal from Public Funds, etc.

179. Authorisation of Expenditure

180. Expenditure in Advance of Appropriation

181. Loans

182. Public Debt

183. The Central Bank

184. Foreign Exchange Dealings

Statistical Service

185. Statistical Service

186. Statistical Service Board

The Auditor-General

187. The Auditor-General

The Audit Service

188. The Audit Service

189. The Audit Service Board

CHAPTER FOURTEEN

THE PUBLIC SERVICES

190. The Public Services of Ghana

191. Protection of Public Officers

192. Establishment of Public Corporations

193. Head of the Civil Service

194. The Public Services Commission

195. Appointments, etc. of Public Officers

196. Other Functions of the Public Services Commiss ion

197. Regulations

198. Independence of Commission

199. Retiring Age and Pension

CHAPTER FIFTEEN

THE POLICE SERVICE

200. The Police Service

201. The Police Council

202. The Inspector-General of Police and Appointmen t of Members of Police Service

203. Functions of the Police Council

204. Regional Police Committees

CHAPTER SIXTEEN

THE PRISONS SERVICE

205. The Prisons Service

206. The Prisons Service Council

207. Director-General of Prisons Service and Appoin tment of Members of Service

208. Functions of Prisons Service Council

209. Regional Prisons Committees

CHAPTER SEVENTEEN

THE ARMED FORCES OF GHANA

210. Armed Forces of Ghana

211. Armed Forces Council

212. Appointments

213. The Chief of Defence Staff

214. Functions of Armed Forces Council

215. Delegation of Functions

CHAPTER EIGHTEEN

COMMISSION ON HUMAN RIGHTS AND

ADMINISTRATIVE JUSTICE

216. Commission on Human Rights and Administrative Justice

217. Appointment of Members of Commission

218. Functions of Commission

219. Special Powers of Investigation

220. Regional and District Branches of Commission

221. Qualifications of Commissioners

222. Commissioners not to hold other Public Office

223. Terms and Conditions of Service of Commissione rs

224. Acting Appointments

225. Independence of Commission and Commissioners

226. Appointment of Staff

227. Expenses of Commission charged on Consolidated Fund

228. Removal of Commissioners

229. Initiation of Legal Proceedings

230. Regulations

CHAPTER NINETEEN

NATIONAL COMMISSION FOR CIVIC EDUCATION

231. Establishment of National Commission for Civic Education

232. Membership of Commission

233. Functions of Commission

234. Independence of Commission

235. Terms and Conditions of Service of Members of Commission

236. Removal of Chairman and Deputy Chairmen

237. Regional and District Branches of Commission

238. Appointment of Staff

239. Expenses of Commission charged on Consolidated Fund

CHAPTER TWENTY

DECENTRALIZATION AND LOCAL GOVERNMENT

240. Local Government

241. Districts of Local Government

242. Composition of District Assembly

243. District Chief Executive

244. Presiding Member

245. Functions of District Assemblies

246. Term of District Assembly

247. Qualifications and Procedures

248. Political Parties and Candidates for Election to Local Government Units

249. Revocation of Mandate by Electorate

250. Emoluments of District Chief Executive and Pre siding Member

251. Executive Committee

252. District Assemblies Common Fund and Grants-in- Aid

253. Audit

254. Further Decentralization

255. Regional Co-ordinating Councils

256. Regional Ministers and Deputy Regional Ministe rs

LANDS AND NATURAL RESOURCES

Public Lands

257. Public Lands and other Public Property

258. Lands Commission

259. Membership of Commission

260. Regional Lands Commission

261. Membership of Regional Lands Commission

262. Regional Lands Officer

263. Qualifications of Members

264. Tenure of Office of Members of Commission

265. Independence of Lands Commission

Ownership of Land by Non-Citizens

266. Ownership of Land by Non-Citizens

Stool and Skin Lands and Property

267. Stool and Skin Lands and Property

Protecting Natural Resources

268. Parliamentary Ratification of Agreements Relat ing to Natural Resources

269. Natural Resources Commissions

LANDS AND NATURAL RESOURCES

Public Lands

257. PUBLIC LANDS AND OTHER PUBLIC PROPERTY.

(1) All public lands in Ghana shall be vested in th e President on behalf of, and in trust for, the

people of Ghana.

(2) For the purposes of this article, and subject t o clause (3) of this article, “public lands”

includes any land which, immediately before the com ing into force of this Constitution, was

vested in the Government of Ghana on behalf of, and in trust for, the people of Ghana for the

public service of Ghana, and any other land acquire d in the public interest, for the purposes of

the Government of Ghana before, on or after that da te.

(3) For the avoidance of doubt, it is hereby declar ed that all lands in the Northern, Upper East

and Upper West Regions of Ghana which immediately b efore the coming into force of this

Constitution were vested in the Government of Ghana are not public lands within the meaning

of clauses (1) and (2) of this article.

(4) Subject to the provisions of this Constitution, all lands referred to in clause (3) of this

article shall vest in any person who was the owner of the land before the vesting, or in the

appropriate skin without further assurance than thi s clause.

(5) Clauses (3) and (4) of this article shall be wi thout prejudice to the vesting by the

Government in itself of any land which is required in the public interest for public purposes.

(6) Every mineral in its natural state in, under or upon any land in Ghana, rivers, streams,

water courses throughout Ghana, the exclusive econo mic zone and any area covered by the

territorial sea or continental shelf is the propert y of the Republic of Ghana and shall be vested

in the President on behalf of, and in trust for the people of Ghana.

Lands Commission

258. LANDS COMMISSION.

(1) There shall be established a Lands Commission w hich shall, in co-ordination with the

relevant public agencies and governmental bodies, p erform the following functions—

(a) on behalf of the Government, manage public land s and any lands vested in the President

by this Constitution or by any other law or any lan ds vested in the Commission;

(b) advise the Government, local authorities and tr aditional authorities on the policy

framework for the development of particular areas o f Ghana to ensure that the development of

individual pieces of land is co-ordinated with the relevant development plan for the area

concerned;

(c) formulate and submit to Government recommendati ons on national policy with respect to

land use and capability;

(d) advise on, and assist in the execution of, a co mprehensive programme for the registration

of title to land throughout Ghana;

(e) perform such other functions as the Minister re sponsible for lands and natural resources

may assign to the Commission;

(2) The Minister responsible for lands and natural resources may, with the approval of the

President, give general directions in writing to th e Lands Commission on matters of policy in

respect of the functions of the Commission and the Commission shall comply with the

directions.

259. MEMBERSHIP OF COMMISSION.

The Lands Commission shall consist of the following persons appointed by the President

under article 70 of this Constitution—

(a) a chairman, who is neither a Minister of State nor a Deputy Minister;

(b) one representative each of the following bodies nominated in each case by the body

concerned—

(i) the National House of Chiefs;

(ii) the Ghana Bar Association;

(iii) the Ghana Institution of Surveyors;

(iv) each Regional Lands Commission;

(v) the Department responsible for town and country planning;

(vi) the National Association of Farmers and Fisher men;

(vii) the Environmental Protection Council; and

(viii) the Ministry responsible for Lands and Natur al Resources; and

(c) the Chief Administrator of the Lands Commission who shall be the Executive Secretary.

260. REGIONAL LANDS COMMISSION.

(1) The Lands Commission shall have a branch in eac h region to be known as a Regional

Lands Commission for the performance of the functio ns specified in article 258 of this

Constitution in respect of the region.

(2) The activities of all the Regional Lands Commis sions shall be co-ordinated by the Lands

Commission.

261. MEMBERSHIP OF REGIONAL LANDS COMMISSION.

A Regional Lands Commission shall consist of the fo llowing persons appointed by the

Minister responsible for lands and natural resource s—

(a) a chairman who is neither a Minister of State n or a Deputy Minister;

(b) a representative each of the following bodies i n each case nominated by the body

concerned—

(i) the Regional House of Chiefs;

(ii) each District Assembly within the region; and

(iii) the Department responsible for town and count ry planning;

(c) a nominee of the Ghana Bar Association practisi ng in the region;

(d) a nominee of the Ghana Institution of Surveyors practising in the region;

(e) the National Association of Farmers and Fisherm en; and

(f) the Regional Lands Officer.

262. REGIONAL LANDS OFFICER.

(1) Each Regional Lands Commission shall have a Reg ional Lands Officer.

(2) The Regional Lands Officer shall be a Member of and Secretary to the Regional Lands

Commission.

263. QUALIFICATIONS OF MEMBERS.

A person shall not be qualified for appointment as a member of the Lands Commission or of a

Regional Lands Commission other than the Executive Secretary and the Regional Lands

Officer unless he is qualified to be a member of Pa rliament, except that for the avoidance of

doubt, a person shall not be disqualified to be a m ember under this article by reason only of

his being a public officer.

264. TENURE OF OFFICE OF MEMBERS OF COMMISSION.

(1) The Chairman and members of the Lands Commissio n, and also, the Chairman and

members of a Regional Lands Commission other than t he Executive Secretary and the

Regional Lands Officer shall hold office for four y ears and may be eligible for re-

appointment.

(2) The office of the Chairman or a member of the L ands Commission or of a Regional Lands

Commission other than the Executive Secretary and t he Regional Lands Officer shall become

vacant if—

(a) he ceases to hold office under clause (1) of th is article;

(b) any circumstance arises that would cause him to be disqualified for appointment under

(c) he is removed from office by the President or, in the case of a member of a Regional

Lands Commission, by the Minister responsible for l ands and natural resources for inability to

perform the functions of his office or for stated m isbehaviour.

265. INDEPENDENCE OF LANDS COMMISSION.

Except as otherwise provided in this Constitution o r in any other law which is not inconsistent

with this Constitution, the Lands Commission shall not be subject to the direction or control

of any person or authority, in the performance of i ts functions.

Ownership of land by Non-Citizens

266. OWNERSHIP OF LAND BY NON-CITIZENS.

(1) No interest in, or right over, any land in Ghan a shall be created which vests in a person

who is not a citizen of Ghana a freehold interest i n any land in Ghana.

(2) An agreement, deed or conveyance of whatever na ture, which seeks, contrary to clause (1)

of this article, to confer on a person who is not a citizen of Ghana any freehold interest in, or

right over, any land is void.

(3) Where, on the twenty-second day of August 1969, any person not being a citizen of Ghana

had a freehold interest in or right over any land i n Ghana, that interest or right shall be

deemed to be a leasehold interest for a period of f ifty years at a peppercorn rent commencing

from the twenty-second day of August 1969, and the freehold reversionary interest in any

such land shall vest in the President on behalf of, and in trust for, the people of Ghana.

(4) No interest in, or right over, any land in Ghan a shall be created which vests in a person

who is not a citizen of Ghana a leasehold for a ter m of more than fifty years at any one time.

(5) Where on the twenty-second day of August 1969 a ny person not being a citizen of Ghana

had a leasehold interest in, or right over, any lan d in Ghana for an unexpired period of more

than fifty years, that interest in, or right over, any such land shall be deemed to be an interest

or right subsisting for a period of fifty years com mencing from the twenty-second day of

August 1969.

Stool and Skin Lands and Property

267. STOOL AND SKIN LANDS AND PROPERTY.

(1) All stool lands in Ghana shall vest in the appr opriate stool on behalf of, and in trust for the

subjects of the stool in accordance with customary law and usage.

(2) There shall be established the Office of the Ad ministrator of Stool Lands which shall be

responsible for—

(a) the establishment of a stool land account for e ach stool into which shall be paid all rents,

dues, royalties, revenues or other payments whether in the nature of income or capital from

the stool lands;

(b) the collection of all such rents, dues, royalti es, revenues or other payments whether in the

nature of income or capital, and to account for the m to the beneficiaries specified in clause (6)

of this article; and

(c) the disbursement of such revenues as may be det ermined in accordance with clause (6) of

this article.

(3) There shall be no disposition or development of any stool land unless the Regional Lands

Commission of the region in which the land is situa ted has certified that the disposition or

development is consistent with the development plan drawn up or approved by the planning

authority for the area concerned.

(4) Where the Regional Lands Commission fails or re fuses to give the consent and

concurrence under clause (3) of this article, a per son aggrieved by the failure or refusal may

appeal to the High Court.

(5) Subject to the provisions of this Constitution, no interest in, or right over, any stool land in

Ghana shall be created which vests in any person or body of persons a freehold interest

howsoever described.

(6) Ten per cent of the revenue accruing from stool lands shall be paid to the office of the

Administrator of Stool Lands to cover administrativ e expenses; and the remaining revenue

shall be disbursed in the following proportions—

(a) twenty-five percent to the stool through the tr aditional authority for the maintenance of the

stool in keeping with its status;

(b) twenty percent to the traditional authority; an d

(c) fifty-five percent to the District Assembly, wi thin the area of authority of which the stool

lands are situated.

(7) The Administrator of Stool Lands and the Region al Lands Commission shall consult with

the stools and other traditional authorities in all matters relating to the administration and

development of stool land and shall make available to them all relevant information and data.

(8) The Lands Commission and the Administrator of S tool lands shall co-ordinate with all

relevant public agencies and traditional authoritie s and stools in preparing a policy framework

for the rational and productive development and man agement of stool lands.

(9) Parliament may provide for the establishment of Regional branches of the Office of the

Administrator of Stool Lands to perform, subject to the directions of the Administrator of

Stool Lands, the functions of the Administrator in the region concerned.

Protecting Natural Resources

268. PARLIAMENTARY RATIFICATION OF AGREEMENTS RELAT ING TO

NATURAL RESOURCES.

(1) Any transaction, contract or undertaking involv ing the grant of a right or concession by or

on behalf of any person including the Government of Ghana, to any other person or body of

persons howsoever described, for the exploitation o f any mineral, water or other natural

resource of Ghana made or entered into after the co ming into force of this Constitution shall

be subject to ratification by Parliament.

(2) Parliament may, by resolution supported by the votes of not less than two-thirds of all the

members of Parliament, exempt from the provisions o f clause (1) of this article any particular

class of transactions, contracts or undertakings.

269. NATURAL RESOURCES COMMISSIONS.

(1) Subject to the provisions of this Constitution, Parliament shall, by or under an Act of

Parliament, provide for the establishment, within s ix months after Parliament first meets after

the coming into force of this Constitution, of a Mi nerals Commission, a Forestry Commission,

Fisheries Commission and such other Commissions as Parliament may determine, which shall

be responsible for the regulation and management of the utilization of the natural resources

concerned and the co-ordination of the policies in relation to them.

(2) Notwithstanding article 268 of this Constitutio n, Parliament may, upon the

recommendation of any of the Commissions establishe d by virtue of clause (1) of this article,

and upon such conditions as Parliament may prescrib e, authorise any other agency of

government to approve the grant of rights, concessi ons or contracts in respect of the

exploitation of any mineral, water or other natural resource of Ghana.

CHIEFTAINCY

270. Institution of Chieftaincy

271. National House of Chiefs

272. Functions of the National House of Chiefs

273. Jurisdiction of the National House of Chiefs

274. Regional House of Chiefs

275. Disqualification of Convicted Persons

276. Chiefs not to take part in Active Party Politi cs

277. Definition of Chief

CHIEFTAINCY

270. INSTITUTION OF CHIEFTAINCY.

(1) The institution of chieftaincy, together with i ts traditional councils as established by

customary law and usage, is hereby guaranteed.

(2) Parliament shall have no power to enact any law which—

(a) confers on any person or authority the right to accord or withdraw recognition to or from a

chief for any purpose whatsoever; or

(b) in any way detracts or derogates from the honou r and dignity of the institution of

chieftaincy.

(3) Nothing in or done under the authority of any l aw shall be held to be inconsistent with, or

in contravention of, clause (1) or (2) of this arti cle if the law makes provision for—

(a) the determination, in accordance with the appro priate customary law and usage, by a

traditional council, a Regional House of Chiefs or the National House of Chiefs or a

Chieftaincy Committee of any of them, of the validi ty of the nomination, election, selection,

installation or deposition of a person as a chief;

(b) a traditional council or a Regional House of Ch iefs or the National House of Chiefs to

establish and operate a procedure for the registrat ion of chiefs and the public notification in

the Gazette or otherwise of the status of persons as chiefs in Ghana.

271. NATIONAL HOUSE OF CHIEFS.

(1) There shall be a National House of Chiefs.

(2) The House of Chiefs of each region shall elect as members of the National House of

Chiefs five paramount chiefs from the region.

(3) Where in a region there are fewer than five par amount chiefs, the House of Chiefs of the

region shall elect such number of divisional chiefs as shall make up the required

representation of chiefs for the region.

272. FUNCTIONS OF THE NATIONAL HOUSE OF CHIEFS.

The National House of Chiefs shall—

(a) advise any person or authority charged with any responsibility under this Constitution or

any other law for any matter relating to or affecti ng chieftaincy;

(b) undertake the progressive study, interpretation and codification of customary law with a

view to evolving, in appropriate cases, a unified s ystem of rules of customary law, and

compiling the customary laws and lines of successio n applicable to each stool or skin;

(c) undertake an evaluation of traditional customs and usages with a view to eliminating those

customs and usages that are outmoded and socially h armful;

(d) perform such other functions, not being inconsi stent with any function assigned to the

House of Chiefs of a region, as Parliament may refe r to it.

273. JURISDICTION OF THE NATIONAL HOUSE OF CHIEFS.

(1) The National House of Chiefs shall have appella te jurisdiction in any cause or matter

affecting chieftaincy which has been determined by the Regional House of Chiefs in a region,

from which appellate jurisdiction there shall be an appeal to the Supreme Court, with the

leave of the National House of Chiefs, or the Supre me Court.

(2) The appellate jurisdiction of the National Hous e of Chiefs shall be exercised by a Judicial

Committee of the National House of Chiefs consistin g of five persons appointed by that

House from among its members.

(3) A Judicial Committee of a National House of Chi efs shall be assisted by a lawyer of not

less than ten years’ standing appointed by the Nati onal House of Chiefs on the recomendation

of the Attorney-General.

(4) A member of a Judicial Committee of the Nationa l House of Chiefs shall be removed from

office on the ground of proven misbehaviour or of i nfirmity of mind or body by the votes of

not less than two-thirds of all the members of the National House of Chiefs.

(5) A Judicial Committee of the National House of C hiefs shall have original jurisdiction in

any cause or matter affecting chieftaincy—

(a) which lies within the competence of two or more Regional Houses of Chiefs; or

(b) which is not properly within the jurisdiction o f a Regional House of Chiefs; or

(c) which cannot otherwise be dealt with by a Regio nal House of Chiefs.

(6) An appeal shall lie as of right in respect of a ny cause or matter dealt with by a Judicial

Committee of the National House of Chiefs under cla use (5) of this article to the Supreme

Court.

274. REGIONAL HOUSE OF CHIEFS.

(1) There shall be established in and for each regi on of Ghana a Regional House of Chiefs.

(2) A Regional House of Chiefs shall consist of suc h members as Parliament may, by law,

determine.

(3) A Regional House of Chiefs shall—

(a) perform such functions as may be conferred upon it by or under an Act of Parliament;

(b) advise any person or authority charged under th is Constitution or any other law with any

responsibility for any matter relating to or affect ing chieftaincy in the region;

(c) hear and determine appeals from the traditional councils within the region in respect of the

nomination, election, selection, installation or de position of a person as a chief;

(d) have original jurisdiction in all matters relat ing to a paramount stool or skin or the

occupant of a paramount stool or skin, including a queenmother to a paramount stool or skin;

(e) undertake a study and make such general recomme ndations as are appropriate for the

resolution or expeditious disposition of chieftainc y disputes in the region;

(f) undertake the compilation of the customary laws and lines of succession applicable to each

stool or skin in the region.

(4) The original and appellate jurisdictions of a R egional House of Chiefs shall be exercised

by a Judicial Committee of the Regional House of Ch iefs consisting of three chiefs appointed

by the Regional House of Chiefs from among its memb ers.

(5) A Judicial Committee of a Regional House of Chi efs shall be assisted by a lawyer of not

less than five years’ standing appointed by the Reg ional House of Chiefs on the

recommendation of the Attorney-General.

(6) A member of a Judicial Committee of a Regional House of Chiefs may be removed from

office on the ground of proven misbehaviour or infi rmity of mind or body by the votes of not

less than two-thirds of all the members of the Regi onal House of Chiefs.

275. DISQUALIFICATION OF CONVICTED PERSONS.

A person shall not be qualified as a chief if he ha s been convicted for high treason, treason,

high crime or for an offence involving the security of the State, fraud, dishonesty or moral

turpitude.

276. CHIEFS NOT TO TAKE PART IN ACTIVE PARTY POLITI CS.

(1) A chief shall not take part in active party pol itics; and any chief wishing to do so and

seeking election to Parliament shall abdicate his s tool or skin.

(2) Notwithstanding clause (1) of this article and paragraph (c) of clause (3) of article 94 of

this Constitution, a chief may be appointed to any public office for which he is otherwise

qualified.

277. DEFINITION OF CHIEF.

In this Chapter unless the context otherwise requir es, “chief” means a person, who, hailing

from the appropriate family and lineage, has been v alidly nominated, elected or selected and

enstooled, enskinned or installed as a chief or que enmother in accordance with the relevant

customary law and usage.

COMMISSIONS OF INQUIRY

278. Appointment of Commission of Inquiry

279. Powers of Commission of Inquiry

280. Functions of Commission of Inquiry

281. Inquiry Procedure

282. Assistance by Lawyer or Other Expert

283. Immunities and Privileges of Witnesses

COMMISSIONS OF INQUIRY

278. APPOINTMENT OF COMMISSION OF INQUIRY.

(1) Subject to article 5 of this Constitution, the President shall, by constitutional instrument,

appoint a commission of inquiry into any matter of public interest where—

(a) the President is satisfied that a commission of inquiry should be appointed; or

(b) the Council of State advises that it is in the public interest to do so; or

(c) Parliament, by a resolution requests that a com mission of inquiry be appointed to inquire

into any matter, specified in the resolution as bei ng a matter of public importance.

(2) A commission appointed under clause (1) of this article may consist of a sole

commissioner or two or more persons one of whom sha ll be appointed the chairman of the

commission.

(3) A person shall not be appointed a sole commissi oner or the chairman of a commission of

inquiry under this article unless he is—

(a) a Justice of the Superior Court of Judicature; or

(b) a person qualified to be appointed a Justice of the Superior Court of Judicature; or

(c) a person who has held office as a Justice of th e Superior Court of Judicature; or

(d) a person who possesses special qualifications o r knowledge in respect of the matter being

investigated.

(4) Subject to clause (3) of this article, where a commission of inquiry appointed under clause

(1) of this article consists of more than two commi ssioners, other than the chairman, at least

one of them shall be a person who possesses special qualifications or knowledge in respect of

the matter being investigated.

279. POWERS OF COMMISSION OF INQUIRY.

(1) A commission of inquiry shall have the powers, rights and privileges of the High Court or

a Justice of the High Court at a trial, in respect of—

(a) enforcing the attendance of witnesses and exami ning them on oath, affirmation or

otherwise;

(b) compelling the production of documents; and

(c) the issue of a commission or request to examine witnesses abroad.

(2) A sole commissioner or a member of a commission of inquiry shall not be liable to any

action or suit in respect of any matter or thing do ne by him in the performance of his

functions as a commissioner or member.

280. FUNCTIONS OF COMMISSION OF INQUIRY.

(1) A commission of inquiry shall—

(a) make a full, faithful and impartial inquiry int o any matter specified in the instrument of

appointment;

(b) report in writing the result of the inquiry; an d

(c) furnish in the report the reasons leading to th e conclusions stated in the report.

(2) Where a commission of inquiry makes an adverse finding against any person, the report of

the commission of inquiry shall, for the purposes o f this Constitution, be deemed to be the

judgment of the High Court; and accordingly, an app eal shall lie as of right from the finding

of the commission to the Court of Appeal.

(3) The President shall, subject to clause (4) of t his article cause to be published the report of

a commission of inquiry together with the White Pap er on it within six months after the date

of the submission of the report by the commission.

(4) Where the report of a commission of inquiry is not to be published, the President shall

issue a statement to that effect giving reasons why the report is not to be published.

(5) A finding of a commission of inquiry shall not have the effect of a judgment of the High

Court as provided under clause (2) of this article, unless—

(a) six months have passed after the finding is mad e and announced to the public; or

(b) the Government issues a statement in the Gazette and in the national media that it does not

intend to issue a White Paper on the report of the commission whichever is the earlier.

(6) The right of appeal conferred by clause (2) of this article on a person against whom a

finding has been made, shall be exercisable within three months after the occurrence of either

of the events described in clause (5) of this artic le or such other time as the High Court or the

Court of Appeal may, by special leave and on such c onditions as it may consider just, allow.

281. INQUIRY PROCEDURE.

(1) Except as may be otherwise ordered by the commi ssion in the interest of public morality,

public safety or public order, the proceedings of a commission of inquiry shall be held in

public.

(2) Subject to the provisions of this Chapter, the Rules of Court Committee established under

practice and procedure of all commissions of inquir y and for appeals from commissions of

inquiry.

282. ASSISTANCE BY LAWYER OR OTHER EXPERT.

(1) Any person whose conduct is the subject of inqu iry by a commission of inquiry, or who

may, in any way be implicated or concerned in the m atter under inquiry, is entitled to be

represented by a lawyer at the inquiry; and any oth er person who may consider it desirable

that he should be represented by a lawyer shall be allowed to be so represented.

(2) A person referred to in clause (1) of this arti cle may also be assisted by such other expert

as may be reasonably necessary for the purpose of p rotecting his interests at the inquiry.

283. IMMUNITIES AND PRIVILEGES OF WITNESSES.

A witness before a commission of inquiry is entitle d to the same immunities and privileges as

if he were a witness before the High Court.

CODE OF CONDUCT FOR PUBLIC OFFICERS

284. Conflict of Interest

285. Other Public Appointments

286. Declaration of Assets and Liabilities

287. Complaints of Contravention

288. Interpretation

CODE OF CONDUCT FOR PUBLIC OFFICERS

284. CONFLICT OF INTEREST.

A public officer shall not put himself in a positio n where his personal interest conflicts or is

likely to conflict with the performance of the func tions of his office.

285. OTHER PUBLIC APPOINTMENTS.

No person shall be appointed or act as the Chairman of the governing body of a public

corporation or authority while he holds a position in the service of that corporation or

authority.

286. OTHER PUBLIC APPOINTMENTS.

(1) A person who holds a public office mentioned in clause (5) of this article shall submit to

the Auditor-General a written declaration of all pr operty or assets owned by, or liabilities

owed by, him whether directly or indirectly—

(a) within three months after the coming into force of this Constitution or before taking office,

as the case may be,

(b) at the end of every four years; and

(c) at the end of his term of office.

(2) Failure to declare or knowingly making false de claration shall be a contravention of this

Constitution and shall be dealt with in accordance with article 287 of this Constitution.

(3) The declaration made under clause (1) of this a rticle shall, on demand, be produced in

evidence—

(a) before a court of competent jurisdiction; or

(b) before a commission of inquiry appointed under article 278 of this Constitution; or

(c) before an investigator appointed by the Commiss ioner for Human Rights and

Administrative Justice.

(4) Any property or assets acquired by a public off icer after the initial declaration required by

clause (1) of this article and which is not reasona bly attributable to income, gift, loan,

inheritance or any other reasonable source shall be deemed to have been acquired in

contravention of this Constitution.

(5) The public offices to which the provisions of t his article apply are those of—

(a) the President of the Republic;

(b) the Vice-President of the Republic;

(c) the Speaker, the Deputy Speaker and a member of Parliament;

(d) Minister of State or Deputy Minister;

(e) Chief Justice, Justice of the Superior Court of Judicature, Chairman of a Regional

Tribunal, the Commissioner for Human Rights and Adm inistrative Justice and his Deputies

and all judicial officers;

(f) Ambassador or High Commissioner;

(g) Secretary to the Cabinet;

(h) Head of Ministry or government department or eq uivalent office in the Civil Service;

(i) chairman, managing director, general manager an d departmental head of a public

corporation or company in which the State has a con trolling interest; and

(j) such officers in the public service and any oth er public institution as Parliament may

prescribe.

(6) The Auditor-General shall make a written declar ation of his assets and liabilities to the

President in the manner and subject to the conditio ns provided in clauses (1) to (3) of this

article.

(7) Before entering upon the duties of his office, a person appointed to an office to which the

provisions of this article apply, shall take and su bscribe the oath of allegiance, the oath of

secrecy and the official oath set out in the Second Schedule to this Constitution, or any other

oath appropriate to his office.

287. COMPLAINTS OF CONTRAVENTION.

(1) An allegation that a public officer has contrav ened or has not complied with a provision of

this Chapter shall be made to the Commissioner for Human Rights and Administrative Justice

and, in the case of the Commissioner of Human Right s and Administrative Justice, to the

Chief Justice who shall, unless the person concerne d makes a written admission of the

contravention or non-compliance, cause the matter t o be investigated.

(2) The Commissioner for Human Rights and Administr ative Justice or the Chief Justice as

the case may be, may take such action as he conside rs appropriate in respect of the results of

the investigation or the admission.

288. INTERPRETATION.

In this Chapter, unless the context otherwise requi res, “public officer” means a person who

holds a public office.

AMENDMENT OF THE CONSTITUTION

289. Amendment of Constitution

290. Amendment of Entrenched Provisions

291. Amendment of Non-Entrenched Provisions

292. Certificate of Compliance with Constitution

AMENDMENT OF THE CONSTITUTION

289. AMENDMENT OF CONSTITUTION

(1) Subject to the provisions of this Constitution. Parliament may, by an Act of Parliament,

amend any provision of this Constitution.

(2) This Constitution shall not be amended by an Ac t of Parliament or altered whether directly

or indirectly unless—

(a) the sole purpose of the Act is to amend this Co nstitution; and

(b) the Act has been passed in accordance with this Chapter.

290. AMENDMENT OF ENTRENCHED PROVISIONS.

(1) This article applies to the amendment of the fo llowing provisions of this Constitution,

which are, in this Constitution referred to as “ent renched provisions”—

(a) The Constitution: articles 1, 2 and 3;

(b) The Territories of Ghana: articles 4 and 5;

(c) The Laws of Ghana: article 11;

(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 106;

(h) The Judiciary: articles 125, 127, 129, 145 and 146;

(i) Freedom and Independence of the Media: article 162, clauses (1) to (5);

(j) Finance: articles 174 and 187;

(k) Police Service: article 200;

(l) The Armed Forces of Ghana: article 210;

(m) Commission on Human Rights and Administrative J ustice: articles 216 and 225;

(n) National Commission for Civic Education: articl e 231;.

(o) Decentralization and Local Government: articles 240 and 252;

(p) Chieftaincy: article 270;

(q) Code of Conduct for Public Officers: article 28 6;

(r) Amendment of the Constitution: Chapter 25; and

(s) Miscellaneous: articles 293 and 299.

(2) A bill for the amendment of an entrenched provi sion shall, before Parliament proceeds to

consider it, be referred by the Speaker to the Coun cil of State for its advice and the Council of

State shall render advice on the bill within thirty days after receiving it.

(3) The bill shall be published in the Gazette but shall not be introduced into Parliament until

the expiry of six months after the publication in t he Gazette under this clause.

(4) After the bill has been read the first time in Parliament it shall not be proceeded with

further unless it has been submitted to a referendu m held throughout Ghana and at least forty

percent of the persons entitled to vote, voted at t he referendum and at least seventy-five

percent of the persons who voted cast their votes i n favour of the passing of the bill.

(5) Where the bill is approved at the referendum, P arliament shall pass it.

(6) Where a bill for the amendment of an entrenched provision has been passed by Parliament

in accordance with this article, the President shal l assent to it.

291. AMENDMENT OF NON-ENTRENCHED PROVISIONS.

(1) A bill to amend a provision of this Constitutio n 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 t he 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.

(3) Where Parliament approves the bill, it may only be presented to the President for his

assent if it was approved at the second and third r eadings of it in Parliament by the votes of at

least two thirds of all the members of Parliament.

(4) Where the bill has been passed in accordance wi th this article, the President shall assent to

it.

292. CERTIFICATE OF COMPLIANCE WITH CONSTITUTION.

A bill for the amendment of this Constitution which has been passed in accordance with this

Constitution, shall be assented to by the President only if—

(a) it is accompanied by a certificate from the Spe aker that the provisions of this Constitution

have been complied with in relation to it; and

(b) in the case of a bill to amend an entrenched pr ovision, it is accompanied by a certificate

from the Electoral Commission, signed by the Chairm an of the Commission and bearing the

seal of the Commission, that the bill was approved at a referendum in accordance with this

Chapter.

MISCELLANEOUS

293. Claims against Government

294. Legal Aid

295. Interpretation

296. Exercise of Discretionary Power

297. Implied Power, etc.

298. Residual Powers of Parliament

299. Transitional Provisions

THE CONSTITUTION

OF THE

REPUBLIC OF GHANA

IN THE NAME OF THE ALMIGHTY GOD

We the People of Ghana,

IN EXERCISE of our natural and inalienable right to establish a framework of government

which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity

and prosperity;

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

AND IN SOLEMN declaration and affirmation of our commitment to;

Freedom, Justice, Probity and Accountability;

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

The Principle of Universal Adult Suffrage;

The Rule of Law;

The protection and preservation of Fundamental Huma n Rights and Freedoms, Unity and

Stability for our Nation;

DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS

CONSTITUTION.

CHAPTER ONE

THE CONSTITUTION

1. SUPREMACY OF THE CONSTITUTION.

(1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose

welfare the powers of government are to be exercise d in the manner and within the limits laid

down in this Constitution.

(2) This Constitution shall be the supreme law of G hana and any other law found to be

inconsistent with any provision of this Constitutio n shall, to the extent of the inconsistency, be

void.

2. ENFORCEMENT OF THE CONSTITUTION.

(1) A person who alleges that—

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

enactment; or

(b) any act or omission of any person;

is inconsistent with, or is in contravention of a p rovision of this Constitution, may bring an

action in the Supreme Court for a declaration to th at effect.

(2) The Supreme Court shall, for the purposes of a declaration under clause (1) of this article,

make such orders and give such directions as it may consider appropriate for giving effect, or

enabling effect to be given, to the declaration so made.

(3) Any person or group of persons to whom an order or direction is addressed under clause

(2) of this article by the Supreme Court, shall dul y obey and carry out the terms of the order

or direction.

(4) Failure to obey or carry out the terms of an or der or direction made or given under clause

(2) of this article constitutes a high crime under this Constitution and shall, in the case of the

President or the Vice-President, constitute a groun d for removal from office under this

Constitution.

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

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

(b) not be eligible for election, or for appointmen t, to any public office for ten years beginning

with the date of the expiration of the term of impr isonment.

3. DEFENCE OF THE CONSTITUTION.

(1) Parliament shall have no power to enact a law e stablishing a one-party state.

(2) Any activity of a person or group of persons wh ich suppresses or seeks to suppress the

lawful political activity of any other person or an y class of persons, or persons generally is

unlawful.

(3) Any person who—

(a) by himself or in concert with others by any vio lent or other unlawful means, suspends or

overthrows or abrogates this Constitution or any pa rt of it, or attempts to do any such act; or

(b) aids and abets in any manner any person referre d to in paragraph (a) of this clause;

commits the offence of high treason and shall, upon conviction, be sentenced to suffer death.

(4) All citizens of Ghana shall have the right and duty at all times—

(a) to defend this Constitution, and in particular, to resist any person or group of persons

seeking to commit any of the acts referred to in cl ause (3) of this article; and

(b) to do all in their power to restore this Consti tution after it has been suspended,

overthrown, or abrogated as referred to in clause ( 3) of this article.

(5) Any person or group of persons who suppresses o r resists the suspension, overthrow or

abrogation of this Constitution as referred to in c lause (3) of this article, commits no offence.

(6) Where a person referred to in clause (5) of thi s article is punished for any act done under

that clause, the punishment shall, on the restorati on of this Constitution, be taken to be void

from the time it was imposed and he shall, from tha t time, be taken to be absolved from all

liabilities arising out of the punishment.

(7) The Supreme Court shall, on application by or o n behalf of a person who has suffered any

punishment or loss to which clause (6) of this arti cle relates, award him adequate

compensation, which shall be charged on the Consoli dated Fund, in respect of any suffering

or loss incurred as a result of the punishment.

CHAPTER TWO

TERRITORIES OF GHANA

4. TERRITORIES OF GHANA.

(1) The sovereign State of Ghana is a unitary repub lic consisting of those territories

comprised in the regions which, immediately before the coming into force of this

Constitution, existed in Ghana, including the terri torial sea and the air space.

(2) Parliament may by law provide for the delimitat ion of the territorial sea, the contiguous

zone, the exclusive economic zone and the continent al shelf of Ghana.

5. CREATION, ALTERATION OR MERGER OF REGIONS.

(1) Subject to the provisions of this article, the President may, by constitutional instrument—

(a) create a new region;

(b) alter the boundaries of a region; or

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

(2) If the President, upon a petition being present ed 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, w hether or not the alteration involves the

creation of a new region; or

(c) the merger of any two or more regions;

he shall, acting in accordance with the advice of t he Council of State, appoint a commission

of inquiry to inquire into the demand and to make r ecommendations on all the factors

involved in the creation, alteration or merger.

(3) If, notwithstanding that a petition has not bee n 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 claus e (1) of this article, he may, acting in

accordance with the advice of the Council of State, appoint a commission of inquiry to inquire

into the need and to make recommendations on all th e factors involved in the creation,

alteration or merger.

(4) Where a commission of inquiry appointed under c lause (2) or (3) of this article finds that

there is the need and a substantial demand for the creation, alteration or merger referred to in

either of those clauses, it shall recommend to the President that a referendum be held,

specifying the issues to be determined by the refer endum and the places where the referendum

should be held.

(5) The President shall refer the recommendations t o the Electoral Commission, and the

referendum shall be held in a manner prescribed by the Electoral Commission.

(6) An issue referred for determination by referend um under clauses (4) and (5) shall not be

taken to be determined by the referendum unless at least fifty per cent of the persons entitled

to vote cast their votes at the referendum, and of the votes cast at least eighty per cent were

cast in favour of that issue.

(7) Where a referendum involves the merger of two o r more regions, the issue shall not be

taken to be determined unless at least sixty per ce nt of the persons entitled to vote at the

referendum in each such region voted in favour of t he merger of the two or more regions; and

accordingly, clause (6) of this article shall not a pply to the referendum.

(8) The President shall, under clause (1) of this a rticle, and acting in accordance with the

results of the referendum held under clauses (4) an d (5) of this article, issue a constitutional

instrument giving effect, or enabling effect to be given, to the results.

CHAPTER THREE

CITIZENSHIP

6. CITIZENSHIP OF GHANA.

(1) Every person who, on the coming into force of t his Constitution, is a citizen of Ghana by

law shall continue to be a citizen of Ghana.

(2) Subject to the provisions of this Constitution, a person born in or outside Ghana after the

coming into force of this Constitution, shall becom e a citizen of Ghana at the date of his birth

if either of his parents or grandparents is or was a citizen of Ghana.

(3) A child of not more than seven years of age fou nd in Ghana whose parents are not known

shall be presumed to be a citizen of Ghana by birth .

(4) A child of not more than sixteen years of age n either of whose parents is a citizen of

Ghana who is adopted by a citizen of Ghana shall, b y virtue of the adoption, be a citizen of

Ghana.

7. PERSONS ENTITLED TO BE REGISTERED AS CITIZENS.

(1) A woman married to a man who is a citizen of Gh ana or a man married to a woman who is

a citizen of Ghana may, upon making an application in the manner prescribed by Parliament,

be registered as a citizen of Ghana.

(2) Clause (1) of this article applies also to a pe rson who was married to a person who, but for

his or her death, would have continued to be a citi zen 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 a s a citizen of Ghana under clause (1) of

this article to which clause (3) of this article ap plies, shall continue to be a citizen of Ghana

unless he renounces that citizenship.

(5) Where upon an application by a man for registra tion under clause (1) of this article, it

appears to the authority responsible for the regist ration that a marriage has been entered into

primarily with a view to obtaining the registration , the authority may request the applicant to

satisfy him that the marriage was entered into in g ood faith; and the authority may only effect

the registration upon being so satisfied.

(6) In the case of a man seeking registration, clau se (1) of this article applies only if the

applicant permanently resides in Ghana.

1[8. “DUAL CITIZENSHIP.

(1) A citizen of Ghana may hold the citizenship of any other country in addition to his

citizenship of Ghana.

(2) Without prejudice to article 94 (2) (a) of the Constitution, no citizen of Ghana shall

qualify to be appointed as a holder of any office s pecified in this clause if he holds the

citizenship of any other country in addition to his citizenship of Ghana—

(a) Ambassador or High Commissioner;

(b) Secretary to the Cabinet:

(c) Chief of Defence Staff or any Service Chief:

(d) Inspector-General of Police:

(e) Commissioner, Customs, Excise and Preventive Servi ce;

(f) Director of Immigration Service; and

(g) any office specified by an Act of Parliament.

(3) Where the law of a country requires a person wh o marries a citizen of that country to

renounce the citizenship of his own country by virt ue of that marriage, a citizen of Ghana who

is deprived of his citizenship of Ghana by virtue o f that marriage shall, on the dissolution of

that marriage, become a citizen of Ghana”.]

9. CITIZENSHIP LAWS BY PARLIAMENT.

(1) Parliament may make provision for the acquisiti on of citizenship of Ghana by persons

who are not eligible to become citizens of Ghana un der the provisions of this Constitution.

(2) Except as otherwise provided in article 7 of th is Constitution, a person shall not be

registered as a citizen of Ghana unless at the time of his application for registration he is able

to speak and understand an indigenous language of G hana.

(3) The High Court may, on an application made for the purpose by the Attorney-General,

deprive a person who is a citizen of Ghana, otherwi se than by birth, of that citizenship on the

ground—

(a) that the activities of that person are inimical to the security of the State or prejudicial to

public morality or the public interest; or

(b) that the citizenship was acquired by fraud, mis representation or any other improper or

irregular practice.

(4) There shall be published in the Gazette by the appropriate authority and within three

months after the application or the registration, a s the case may be, the name, particulars and

other details of a person who, under this article a pplies to be registered as a citizen of Ghana

or has been registered as a citizen of Ghana.

2[(5) Parliament may make provision by Act of Parlia ment for—

(a) the renunciation by any person of his citiz enship of Ghana;

(b) the circumstances in which a person may acq uire citizenship of Ghana or cease to be a

citizen of Ghana.]

10. INTERPRETATION.

(1) A reference in this Chapter to the citizenship of the parent of a person at the time of the

birth of that person shall, in relation to a person born after the death of the parent, be

construed as a reference to the citizenship of the parent at the time of the parent’s death.

(2) For the purposes of clause (1) of this article, where the death occurred before the coming

into force of this Constitution, the citizenship th at the parent would have had if he or she had

died on the coming into force of this Constitution shall be deemed to be his or her citizenship

at the time of his or her death.

CHAPTER FOUR

THE LAWS OF GHANA

11. THE LAWS OF GHANA.

(1) The laws of Ghana shall comprise—

(a) this Constitution;

(b) enactments made by or under the authority of th e Parliament established by this

Constitution;

(c) any Orders, Rules and Regulations made by any p erson 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 rule s of law generally known as the

common law, the rules generally known as the doctri nes of equity and the rules of customary

law including those determined by the Superior Cour t of Judicature.

(3) For the purposes of this article, “customary la w” means the rules of law which by custom

are applicable to particular communities in Ghana.

(4) The existing law shall, except as otherwise pro vided in clause (1) of this article, comprise

the written and unwritten laws of Ghana as they exi sted immediately before the coming into

force of this Constitution, and any Act, Decree, La w 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 mo difications, adaptations, qualifications and

exceptions necessary to bring it into conformity wi th 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

(c) come into force at the expiration of twenty-one sitting days after being so laid unless

Parliament, before the expiration of the twenty-one days, annuls the Order, Rule or

Regulation by the votes of not less than two-thirds of all the members of Parliament.

CHAPTER FIVE

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

12. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREE DOMS.

(1) The fundamental human rights and freedoms enshr ined in this Chapter shall be respected

and upheld by the Executive, Legislature and Judici ary and all other organs of government

and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and

shall be enforceable by the Courts as provided for in this Constitution.

(2) Every person in Ghana, whatever his race, place of origin, political opinion, colour,

religion, creed or gender shall be entitled to the fundamental human rights and freedoms of

the individual contained in this Chapter but subjec t to respect for the rights and freedoms of

others and for the public interest.

13. PROTECTION OF RIGHT TO LIFE.

(1) No person shall be deprived of his life intenti onally except in the exercise of the execution

of a sentence of a court in respect of a criminal o ffence under the laws of Ghana of which he

has been convicted.

(2) A person shall not be held to have deprived ano ther person of his life in contravention of

clause (1) of this article if that other person die s as the result of a lawful act of war or if that

other person dies as the result of the use of force to such an extent as is reasonably justifiable

in the particular circumstances—

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

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

(c) for the purposes of suppressing a riot, insurre ction or mutiny; or

(d) in order to prevent the commission of a crime b y that person.

14. PROTECTION OF PERSONAL LIBERTY.

(1) Every person shall be entitled to his personal liberty and no person shall be deprived of his

personal liberty except in the following cases and in accordance with procedure permitted by

law—

(a) in execution of a sentence or order of a court in respect of a criminal offence of which he

has been convicted; or

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

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

(d) in the case of a person suffering from an infec tious or contagious disease, a person of

unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care

or treatment or the protection of the community; or

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

eighteen years; or

(f) for the purpose of preventing the unlawful entr y of that person into Ghana, or of effecting

the expulsion, extradition or other lawful removal of that person from Ghana or for the

purpose of restricting that person while he is bein g lawfully conveyed through Ghana in the

course of his extradition or removal from one count ry to another; or

(g) upon reasonable suspicion of his having committ ed or being about to commit a criminal

offence under the laws of Ghana.

(2) A person who is arrested, restricted or detaine d shall be informed immediately, in a

language that he understands, of the reasons for hi s arrest, restriction or detention and of his

right to a lawyer of his choice.

(3) A person who is arrested, restricted or detaine d—

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

(b) upon reasonable suspicion of his having committ ed or being about to commit a criminal

offence under the laws of Ghana, and who is not rel eased,

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

detention.

(4) Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of

this article is not tried within a reasonable time, then, without prejudice to any further

proceedings that may be brought against him, he sha ll be released either unconditionally or

upon reasonable conditions, including in particular , conditions reasonably necessary to ensure

that he appears at a later date for trial or for pr oceedings preliminary to trial.

(5) A person who is unlawfully arrested, restricted or detained by any other person shall be

entitled to compensation from that other person.

(6) Where a person is convicted and sentenced to a term of imprisonment for an offence, any

period he has spent in lawful custody in respect of that offence before the completion of his

trial shall be taken into account in imposing the t erm of imprisonment.

(7) Where a person who has served the whole or a pa rt of his sentence is acquitted on appeal

by a court, other than the Supreme Court, the court may certify to the Supreme Court that the

person acquitted be paid compensation; and the Supr eme Court may, upon examination of all

the facts and the certificate of the court concerne d, award such compensation as it may think

fit; or, where the acquittal is by the Supreme Cour t, it may order compensation to be paid to

the person acquitted.

15. RESPECT FOR HUMAN DIGNITY.

(1) The dignity of all persons shall be inviolable.

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

(a) torture or other cruel, inhuman or degrading tr eatment or punishment;

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

human being.

(3) A person who has not been convicted of a crimin al offence shall not be treated as a

convicted person and shall be kept separately from convicted persons.

(4) A juvenile offender who is kept in lawful custo dy or detention shall be kept separately

from an adult offender.

16. PROTECTION FROM SLAVERY AND FORCED LABOUR.

(1) No person shall be held in slavery or servitude .

(2) No person shall be required to perform forced l abour.

(3) For the purposes of this article, “forced labou r” does not include—

(a) any labour required as a result of a sentence o r order of a court; or

(b) any labour required of a member of a discipline d force or service as his duties or, in the

case of a person who has conscientious objections t o a service as a member of the Armed

Forces of Ghana, any labour which that person is re quired by law to perform in place of such

service; or

(c) any labour required during any period when Ghan a is at war or in the event of an

emergency or calamity that threatens the life and w ell-being of the community, to the extent

that the requirement of such labour is reasonably j ustifiable in the circumstances of any

situation arising or existing during that period fo r the purposes of dealing with the situation;

or

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

17. EQUALITY AND FREEDOM FROM DISCRIMINATION.

(1) All persons shall be equal before the law.

(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic

origin, religion, creed or social or economic statu s.

(3) For the purposes of this article, “discriminate ” means to give different treatment to

different persons attributable only or mainly to th eir respective descriptions by race, place of

origin, political opinions, colour, gender, occupat ion, religion or creed, whereby persons of

one description are subjected to disabilities or re strictions to which persons of another

description are not made subject or are granted pri vileges or advantages which are not granted

to persons of another description.

(4) Nothing in this article shall prevent Parliamen t from enacting laws that are reasonably

necessary to provide—

(a) for the implementation of policies and programm es aimed at redressing social, economic

or educational imbalance in the Ghanaian society;

(b) for matters relating to adoption, marriage, div orce, burial, devolution of property on death

or other matters of personal law;

(c) for the imposition of restrictions on the acqui sition of land by persons who are not citizens

of Ghana or on the political and economic activitie s of such persons and for other matters

relating to such persons; or

(d) for making different provision for different co mmunities having regard to their special

circumstances not being provision which is inconsis tent with the spirit of this Constitution.

(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done

under any provision of this Chapter.

18. PROTECTION OF PRIVACY OF HOME AND OTHER PROPERT Y.

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

(2) No person shall be subjected to interference wi th the privacy of his home, property,

correspondence or communication except in accordanc e with law and as may be necessary in

a free and democratic society for public safety or the economic well-being of the country, for

the protection of health or morals, for the prevent ion of disorder or crime or for the protection

of the rights or freedoms of others.

19. FAIR TRIAL.

(1) A person charged with a criminal offence shall be given a fair hearing within a reasonable

time by a court.

(2) A person charged with a criminal offence shall—

(a) in the case of an offence other than high treas on or treason, the punishment for which is

death or imprisonment for life, be tried by a judge and jury and—

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

(ii) in the case of life imprisonment, the verdict of the jury shall be by such majority as

Parliament may by law prescribe;

(b) in the case of an offence triable by a Regional Tribunal the penalty for which is death, the

decision of the Chairman and the other panel member s shall be unanimous;

(c) be presumed to be innocent until he is proved o r has pleaded guilty;

(d) be informed immediately in a language that he u nderstands, and in detail, of the nature of

the offence charged;

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

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

(g) be afforded facilities to examine, in person or by his lawyer, the witnesses called by the

prosecution before the court, and to obtain the att endance and carry out the examination of

witnesses to testify on the same conditions as thos e applicable to witnesses called by the

prosecution;

(h) be permitted to have, without payment by him, t he assistance of an interpreter where he

cannot understand the language used at the trial; a nd

(i) in the case of the offence of high treason or t reason, be tried by the High Court duly

constituted by three Justices of that Court and the decision of the Justices shall be unanimous.

(3) The trial of a person charged with a criminal o ffence shall take place in his presence

unless—

(a) he refuses to appear before the court for the t rial to be conducted in his presence after he

has been duly notified of the trial; or

(b) he conducts himself in such a manner as to rend er the continuation of the proceedings in

his presence impracticable and the court orders him to be removed for the trial to proceed in

his absence.

(4) Whenever a person is tried for a criminal offen ce the accused person or a person

authorised by him shall, if he so requires, be give n, within a reasonable time not exceeding six

months after judgment, a copy of any record of the proceedings made by or on behalf of the

court for the use of the accused person.

(5) A person shall not be charged with or held to b e guilty of a criminal offence which is

founded on an act or omission that did not at the t ime it took place constitute an offence.

(6) No penalty shall be imposed for a criminal offe nce that is severer in degree or description

than the maximum penalty that could have been impos ed for that offence at the time when it

was committed.

(7) No person who shows that he has been tried by a competent court for a criminal offence

and either convicted or acquitted, shall again be t ried for that offence or for any other criminal

offence of which he could have been convicted at th e trial for the offence, except on the order

of a superior court in the course of appeal or revi ew proceedings relating to the conviction or

acquittal.

(8) Notwithstanding clause (7) of this article, an acquittal of a person on a trial for high

treason or treason shall not be a bar to the instit ution of proceedings for any other offence

against that person.

(9) Paragraphs (a) and (b) of clause (2) of this ar ticle shall not apply in the case of a trial by a

court-martial or other military tribunal.

(10) No person who is tried for a criminal offence shall be compelled to give evidence at the

trial.

(11) No person shall be convicted of a criminal off ence unless the offence is defined and the

penalty for it is prescribed in a written law.

(12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for

contempt of itself notwithstanding that the act or omission constituting the contempt is not

defined in a written law and the penalty is not so prescribed.

(13) An adjudicating authority for the determinatio n of the existence or extent of a civil right

or obligation shall, subject to the provisions of t his Constitution, be established by law and

shall be independent and impartial; and where proce edings for determination are instituted by

a person before such an adjudicating authority, the case shall be given a fair hearing within a

reasonable time.

(14) Except as may be otherwise ordered by the adju dicating authority in the interest of public

morality, public safety, or public order the procee dings of any such adjudicating authority

shall be in public.

(15) Nothing in this article shall prevent an adjud icating authority from excluding from the

proceedings persons, other than the parties to the proceedings and their lawyers, to such an

extent as the authority—

(a) may consider necessary or expedient in circumst ances where publicity would prejudice the

interests of justice; or

(b) may be empowered by law to do in the interest o f defence, public safety, public order,

public morality, the welfare of persons under the a ge of eighteen or the protection of the

private lives of persons concerned in the proceedin gs.

(16) Nothing in, or done under the authority of, an y law shall be held to be inconsistent with,

or in contravention of, the following provisions—

(a) paragraph (c) of clause (2) of this article, to the extent that the law in question imposes

upon a person charged with a criminal offence, the burden of proving particular facts; or

(b) clause (7) of this article, to the extent that the law in question authorises a court to try a

member of a disciplined force for a criminal offenc e notwithstanding any trial and conviction

or acquittal of that member under the disciplinary law of the force, except that any court

which tries that member and convicts him shall, in sentencing him to any punishment, take

into account any punishment imposed on him under th at disciplinary law.

(17) Subject to clause (18) of this article, treaso n shall consist only—

(a) in levying war against Ghana or assisting any s tate or person or inciting or conspiring with

any person to levywar against Ghana; or

(b) in attempting by force of arms or other violent means to overthrow the organs of

government established by or under this Constitutio n; or

(c) in taking part or being concerned in or incitin g or conspiring with any person to make or

take part or be concerned in, any such attempt.

(18) An act which aims at procuring by constitution al means an alteration of the law or of the

policies of the Government shall not be considered as an act calculated to overthrow the

organs of government.

(19) Notwithstanding any other provision of this ar ticle, but subject to clause (20) of this

article, Parliament may, by or under an Act of Parl iament, establish military courts or

tribunals for the trial of offences against militar y law committed by persons subject to military

law.

(20) Where a person subject to military law, who is not in active service, commits an offence

which is within the jurisdiction of a civil court, he shall not be tried by a court-martial or

military tribunal for the offence unless the offenc e is within the jurisdiction of a court-martial

or other military tribunal under any law for the en forcement of military discipline.

(21) For the purposes of this article, “criminal of fence” means a criminal offence under the

laws of Ghana.

20. PROTECTION FROM DEPRIVATION OF PROPERTY.

(1) No property of any description, or interest in or right over any property shall be

compulsorily taken possession of or acquired by the State unless the following conditions are

satisfied—

(a) the taking of possession or acquisition is nece ssary in the interest of defence, public safety,

public order, public morality, public health, town and country planning or the development or

utilization of property in such a manner as to prom ote the public benefit; and

(b) the necessity for the acquisition is clearly st ated and is such as to provide reasonable

justification for causing any hardship that may res ult to any person who has an interest in or

right over the property.

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

makes provision for—

(a) the prompt payment of fair and adequate compens ation; and

(b) a right of access to the High Court by any pers on who has an interest in or right over the

property whether direct or on appeal from any other authority, for the determination of his

interest or right and the amount of compensation to which he is entitled.

(3) Where a compulsory acquisition or possession of land effected by the State in accordance

with clause (1) of this article involves displaceme nt of any inhabitants, the State shall resettle

the displaced inhabitants on suitable alternative l and with due regard for their economic well-

being and social and cultural values.

(4) Nothing in this article shall be construed as a ffecting the operation of any general law so

far as it provides for the taking of possession or acquisition of property—

(a) by way of vesting or administration of trust pr operty, enemy property or the property of

persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind,

deceased persons or bodies corporate or unincorpora ted in the course of being wound up; or

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

(c) by reason of its being in a dangerous state or injurious to the health of human beings,

animals or plants; or

(d) in consequence of any law with respect to the l imitation of actions; or

(e) for so long only as may be necessary for the pu rpose of any examination, investigation,

trial or inquiry; or

(f) for so long as may be necessary for the carryin g out of work on any land for the purpose of

the provision of public facilities or utilities, ex cept that where any damage results from any

such work there shall be paid appropriate compensat ion.

(5) Any property compulsorily taken possession of o r acquired in the public interest or for a

public purpose shall be used only in the public int erest or for the public purpose for which it

was acquired.

(6) Where the property is not used in the public in terest or for the purpose for which it was

acquired, the owner of the property immediately bef ore the compulsory acquisition, shall be

given the first option for acquiring the property a nd shall, on such re-acquisition refund the

whole or part of the compensation paid to him as pr ovided for by law or such other amount as

is commensurate with the value of the property at t he time of the re-acquisition.

21. GENERAL FUNDAMENTAL FREEDOMS.

(1) All persons shall have the right to—

(a) freedom of speech and expression, which shall i nclude freedom of the press and other

media;

(b) freedom of thought, conscience and belief, whic h shall include academic freedom;

(c) freedom to practise any religion and to manifes t such practice;

(d) freedom of assembly including freedom to take p art in processions and demonstrations;

(e) freedom of association, which shall include fre edom to form or join trade unions or other

associations, national and international, for the p rotection of their interest;

(f) information, subject to such qualifications and laws as are necessary in a democratic

society;

(g) freedom of movement which means the right to mo ve freely in Ghana, the right to leave

and to enter Ghana and immunity from expulsion from Ghana.

(2) A restriction on a person’s freedom of movement by his lawful detention shall not be held

to be inconsistent with or in contravention of this article.

(3) All citizens shall have the right and freedom t o form or join political parties and to

participate in political activities subject to such qualifications and laws as are necessary in a

free and democratic society and are consistent with this Constitution.

(4) Nothing in, or done under the authority of, a l aw shall be held to be inconsistent with, or in

contravention of, this article to the extent that t he law in question makes provision—

(a) for the imposition of restrictions by order of a court, that are required in the interest of

defence, public safety or public order, on the move ment or residence within Ghana of any

person; or

(b) for the imposition of restrictions, by order of a court, on the movement or residence within

Ghana of any person either as a result of his havin g been found guilty of a criminal offence

under the laws of Ghana or for the purposes of ensu ring that he appears before a court at a

later date for trial for a criminal offence or for proceedings relating to his extradition or lawful

removal from Ghana; or

(c) for the imposition of restrictions that are rea sonably required in the interest of defence,

public safety, public health or the running of esse ntial services, on the movement or residence

within Ghana of any person or persons generally, or any class of persons; or

(d) for the imposition of restrictions on the freed om of entry into Ghana, or of movement in

Ghana, of a person who is not a citizen of Ghana; o r

(e) that is reasonably required for the purpose of safeguarding the people of Ghana against the

teaching or propagation of a doctrine which exhibit s or encourages disrespect for the

nationhood of Ghana, the national symbols and emble ms, or incites hatred against other

members of the community;

except so far as that provision or, as the case may be, the thing done under the authority of

that law is shown not to be reasonably justifiable in terms of the spirit of this Constitution.

(5) Whenever a person, whose freedom of movement ha s been restricted by the order of a

court under paragraph (a) of clause (4) of this art icle, requests at any time during the period of

that restriction not earlier than seven days after the order was made, or three months after he

last made such request, as the case may be, his cas e shall be reviewed by that court.

(6) On a review by a court under clause (5) of this article, the court may, subject to the right

of appeal from its decision, make such order for th e continuation or termination of the

restriction as it considers necessary or expedient.

22. PROPERTY RIGHTS OF SPOUSES.

(1) A spouse shall not be deprived of a reasonable provision out of the estate of a spouse

whether or not the spouse died having made a will.

(2) Parliament shall, as soon as practicable after the coming into force of this Constitution,

enact legislation regulating the property rights of spouses.

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

article—

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

(b) assets which are jointly acquired during marria ge shall be distributed equitably between

the spouses upon dissolution of the marriage.

23. ADMINISTRATIVE JUSTICE.

Administrative bodies and administrative officials shall act fairly and reasonably and comply

with the requirements imposed on them by law and pe rsons aggrieved by the exercise of such

acts and decisions shall have the right to seek red ress before a court or other tribunal.

24. ECONOMIC RIGHTS.

(1) Every person has the right to work under satisf actory, safe and healthy conditions, and

shall receive equal pay for equal work without dist inction of any kind.

(2) Every worker shall be assured of rest, leisure and reasonable limitation of working hours

and periods of holidays with pay, as well as remune ration for public holidays.

(3) Every worker has a right to form or join a trad e union of his choice for the promotion and

protection of his economic and social interests.

(4) Restrictions shall not be placed on the exercis e of the right conferred by clause (3) of this

article except restrictions prescribed by law and r easonably necessary in the interest of

national security or public order or for the protec tion of the rights and freedoms of others.

25. EDUCATIONAL RIGHTS.

(1) All persons shall have the right to equal educa tional opportunities and facilities and with a

view to achieving the full realisation of that righ t—

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

(b) secondary education in its different forms, inc luding technical and vocational education,

shall be made generally available and accessible to all by every appropriate means, and in

particular, by the progressive introduction of free education;

(c) higher education shall be made equally accessib le to all, on the basis of capacity, by every

appropriate means, and in particular, by progressiv e introduction of free education;

(d) functional literacy shall be encouraged or inte nsified as far as possible;

(e) the development of a system of schools with ade quate facilities at all levels shall be

actively pursued.

(2) Every person shall have the right, at his own e xpense, to establish and maintain a private

school or schools at all levels and of such categor ies and in accordance with such conditions

as may be provided by law.

26. CULTURAL RIGHTS AND PRACTICES.

(1) Every person is entitled to enjoy, practise, pr ofess, maintain and promote any culture,

language, tradition or religion subject to the prov isions of this Constitution.

(2) All customary practices which dehumanise or are injurious to the physical and mental

well-being of a person are prohibited.

27. WOMEN’S RIGHTS.

(1) Special care shall be accorded to mothers durin g a reasonable period before and after

child-birth; and during those periods, working moth ers shall be accorded paid leave.

(2) Facilities shall be provided for the care of ch ildren below school-going age to enable

women, who have the traditional care for children, realise their full potential.

(3) Women shall be guaranteed equal rights to train ing and promotion without any

impediments from any person.

28. CHILDREN’S RIGHTS.

(1) Parliament shall enact such laws as are necessa ry to ensure that—

(a) every child has the right to the same measure o f special care, assistance and maintenance

as is necessary for its development from its natura l parents, except where those parents have

effectively surrendered their rights and responsibi lities in respect of the child in accordance

with law;

(b) every child, whether or not born in wedlock, sh all be entitled to reasonable provision out

of the estate of its parents;

(c) parents undertake their natural right and oblig ation of care, maintenance and upbringing of

their children in co-operation with such institutio ns as Parliament may, by law, prescribe in

such manner that in all cases the interest of the c hildren are paramount;

(d) children and young persons receive special prot ection against exposure to physical and

moral hazards; and

(e) the protection and advancement of the family as the unit of society are safeguarded in

promotion of the interest of children.

(2) Every child has the right to be protected from engaging in work that constitutes a threat to

his health, education or development.

(3) A child shall not be subjected to torture or ot her cruel, inhuman or degrading treatment or

punishment.

(4) No child shall be deprived by any other person of medical treatment, education or any

other social or economic benefit by reason only of religious or other beliefs.

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

29. RIGHTS OF DISABLED PERSONS.

(1) Disabled persons have the right to live with th eir families or with foster parents and to

participate in social, creative or recreational act ivities.

(2) A disabled person shall not be subjected to dif ferential treatment in respect of his

residence other than that required by his condition or by the improvement which he may

derive from the treatment.

(3) If the stay of a disabled person in a specialis ed establishment is indispensable, the

environment and living conditions there shall be as close as possible to those of the normal

life of a person of his age.

(4) Disabled persons shall be protected against all exploitation, all regulations and all

treatment of a discriminatory, abusive or degrading nature.

(5) In any judicial proceedings in which a disabled person is a party the legal procedure

applied shall take his physical and mental conditio n into account.

(6) As far as practicable, every place to which the public have access shall have appropriate

facilities for disabled persons.

(7) Special incentives shall be given to disabled p ersons engaged in business and also to

business organisations that employ disabled persons in significant numbers.

(8) Parliament shall enact such laws as are necessa ry to ensure the enforcement of the

provisions of this article.

30. RIGHTS OF THE SICK.

A person who by reason of sickness or any other cau se is unable to give his consent shall not

be deprived by any other person of medical treatmen t, education or any other social or

economic benefit by reason only of religious or oth er beliefs.

Emergency Powers

31. EMERGENCY POWERS.

(1) The President may, acting in accordance with th e advice of the Council of State, by

Proclamation published in the Gazette , declare that a state of emergency exists in Ghana or in

any part of Ghana for the purposes of the provision s of this Constitution.

(2) Notwithstanding any other provision of this art icle, where a proclamation is published

under clause (1) of this article, the President sha ll place immediately before Parliament, the

facts and circumstances leading to the declaration of the state of emergency.

(3) Parliament shall, within seventy-two hours afte r being so notified, decide whether the

proclamation should remain in force or should be re voked; and the President shall act in

accordance with the decision of Parliament.

(4) A declaration of a state of emergency shall cea se to have effect at the expiration of a

period of seven days beginning with the date of pub lication of the declaration, unless, before

the expiration of that period, it is approved by a resolution passed for that purpose by a

majority of all the members of Parliament.

(5) Subject to clause (7) of this article, a declar ation of a state of emergency approved by a

resolution of Parliament under clause (4) of this a rticle shall continue in force until the

expiration of a period of three months beginning wi th the date of its being so approved or

until such earlier date as may be specified in the resolution.

(6) Parliament may, by resolution passed by a major ity of all members of Parliament, extend

its approval of the declaration for periods of not more than one month at a time.

(7) Parliament may, by a resolution passed by a maj ority of all the members of Parliament, at

any time, revoke a declaration of a state of emerge ncy approved by Parliament under this

article.

(8) For the avoidance of doubt, it is hereby declar ed that the provisions of any enactment,

other than an Act of Parliament, dealing with a sta te of emergency declared under clause (1)

of this article shall apply only to that part of Gh ana where the emergency exists.

(9) The circumstances under which a state of emerge ncy may be declared under this article

include a natural disaster and any situation in whi ch any action is taken or is immediately

threatened to be taken by any person or body of per sons which—

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

(b) renders necessary the taking of measures which are required for securing the public safety,

the defence of Ghana and the maintenance of public order and of supplies and services

essential to the life of the community.

(10) Nothing in, or done under the authority of, an Act of Parliament shall be held to be

inconsistent with, or in contravention of, articles 12 to 30 of this Constitution to the extent

that the Act in question authorises the taking, dur ing any period when a state of emergency is

in force, of measures that are reasonably justifiab le for the purposes of dealing with the

situation that exists during that period.

32. PERSONS DETAINED UNDER EMERGENCY LAW.

(1) Where a person is restricted or detained by vir tue of a law made pursuant to a declaration

of a state of emergency, the following provisions s hall apply—

(a) he shall as soon as practicable, and in any cas e not later than twenty-four hours after the

commencement of the restriction or detention, be fu rnished with a statement in writing

specifying in detail the grounds upon which he is r estricted or detained and the statement shall

be read or interpreted to the person restricted or detained;

(b) the spouse, parent, child or other available ne xt of kin of the person restricted or detained

shall be informed of the detention or restriction w ithin twenty-four hours after the

commencement of the detention or restriction and be permitted access to the person at the

earliest practicable opportunity, and in any case w ithin twenty-four hours after the

commencement of the restriction or detention;

(c) not more than ten days after the commencement o f his restriction or detention, a

notification shall be published in the Gazette and in the media stating that he has been

restricted or detained and giving particulars of th e provision of law under which his restriction

or detention is authorised and the grounds of his r estriction or detention;

(d) not more than ten days after commencement of hi s restriction or detention, and after that,

during his restriction or detention, at intervals o f not more than three months, his case shall be

reviewed by a tribunal composed of not less than th ree Justices of the Superior Court of

Judicature appointed by the Chief Justice; except t hat the same tribunal shall not review more

than once the case of a person restricted or detain ed;

(e) he shall be afforded every possible facility to consult a lawyer of his choice who shall be

permitted to make representations to the tribunal a ppointed for the review of the case of the

restricted or detained person;

(f) at the hearing of his case, he shall be permitt ed to appear in person or by a lawyer of his

choice.

(2) On a review by a tribunal of the case of a rest ricted or detained person, the tribunal may

order the release of the person and the payment to him of adequate compensation or uphold

the grounds of his restriction or detention; and th e authority by which the restriction or

detention was ordered shall act accordingly.

(3) In every month in which there is a sitting of P arliament, a Minister of State authorised by

the President, shall make a report to Parliament of the number of persons restricted or

detained by virtue of such a law as is referred to in clause (10) of article 31 of this

Constitution and the number of cases in which the a uthority that ordered the restriction or

detention has acted in accordance with the decision s of the tribunal appointed under this

article.

(4) Notwithstanding clause (3) of this article, the Minister referred to in that clause shall

publish every month in the Gazette and in the media—

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

(b) the number of cases reviewed by the tribunal; a nd

(c) the number of cases in which the authority whic h ordered the restriction or detention has

acted in accordance with the decisions of the tribu nal appointed under this article.

(5) For the avoidance of doubt, it is hereby declar ed that at the end of an emergency declared

under clause (1) of article 31 of this Constitution , a person in restriction or detention or in

custody as a result of the declaration of the emerg ency shall be released immediately.

Protection of Rights by the Courts

33. PROTECTION OF RIGHTS BY THE COURTS.

(1) Where a person alleges that a provision of this Constitution on the fundamental human

rights and freedoms has been, or is being or is lik ely to be contravened in relation to him,

then, without prejudice to any other action that is lawfully available, that person may apply to

the High Court for redress.

(2) The High Court may, under clause (1) of this ar ticle, issue such directions or orders or

writs including writs or orders in the nature of habeas corpus, certiorari, mandamus ,

prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing or

securing the enforcement of any of the provisions o n the fundamental human rights and

freedoms to the protection of which the person conc erned is entitled.

(3) A person aggrieved by a determination of the Hi gh Court may appeal to the Court of

Appeal with the right of a further appeal to the Su preme Court.

(4) The Rules of Court Committee may make rules of court with respect to the practice and

procedure of the Superior Courts for the purposes o f this article.

(5) The rights, duties, declarations and guarantees relating to the fundamental human rights

and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others

not specifically mentioned which are considered to be inherent in a democracy and intended

to secure the freedom and dignity of man.

CHAPTER SIX

THE DIRECTIVE PRINCIPLES

OF STATE POLICY

34. IMPLEMENTATION OF DIRECTIVE PRINCIPLES.

(1) The Directive Principles of State Policy contai ned in this Chapter shall guide all citizens,

Parliament, the President, the Judiciary, the Counc il of State, the Cabinet, political parties and

other bodies and persons in applying or interpretin g this Constitution or any other law and in

taking and implementing any policy decisions, for t he establishment of a just and free society.

(2) The President shall report to Parliament at lea st once a year all the steps taken to ensure

the realization of the policy objectives contained in this Chapter; and, in particular, the

realization of basic human rights, a healthy econom y, the right to work, the right to good

health care and the right to education.

35. POLITICAL OBJECTIVES.

(1) Ghana shall be a democratic state dedicated to the realization of freedom and justice; and

accordingly, sovereignty resides in the people of G hana from whom Government derives all

its powers and authority through this Constitution.

(2) The State shall protect and safeguard the indep endence, unity and territorial integrity of

Ghana, and shall seek the well-being of all her cit izens.

(3) The State shall promote just and reasonable acc ess by all citizens to public facilities and

services in accordance with law.

(4) The State shall cultivate among all Ghanaians r espect for fundamental human rights and

freedoms and the dignity of the human person.

(5) The State shall actively promote the integratio n of the peoples of Ghana and prohibit

discrimination and prejudice on the grounds of plac e of origin, circumstances of birth, ethnic

origin, gender or religion, creed or other beliefs.

(6) Towards the achievement of the objectives state d in clause (5) of this article, the State

shall take appropriate measures to—

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

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

offices;

(c) provide adequate facilities for, and encourage, free mobility of people, goods and services

throughout Ghana;

(d) make democracy a reality by decentralizing the administrative and financial machinery of

government to the regions and districts and by affo rding all possible opportunities to the

people to participate in decision-making at every l evel in national life and in government; and

(e) ensure that whenever practicable, the headquart ers of a Government or public institution

offering any service is situated in an area within any region, taking into account the resources

and potentials of the region and the area.

(7) As far as practicable, a government shall conti nue and execute projects and programmes

commenced by the previous Governments.

(8) The State shall take steps to eradicate corrupt practices and the abuse of power.

(9) The state shall promote among the people of Gha na the culture of political tolerance.

36. ECONOMIC OBJECTIVES.

(1) The State shall take all necessary action to en sure that the national economy is managed in

such a manner as to maximize the rate of economic d evelopment and to secure the maximum

welfare, freedom and happiness of every person in G hana and to provide adequate means of

livelihood and suitable employment and public assis tance to the needy.

(2) The State shall, in particular, take all necess ary steps to establish a sound and healthy

economy whose underlying principles shall include—

(a) the guarantee of a fair and realistic remunerat ion for production and productivity in order

to encourage continued production and higher produc tivity;

(b) affording ample opportunity for individual init iative and creativity in economic activities

and fostering an enabling environment for a pronoun ced role of the private sector in the

economy;

(c) ensuring that individuals and the private secto r bear their fair share of social and national

responsibilities including responsibilities to cont ribute to the overall development of the

country;

(d) undertaking even and balanced development of al l regions and every part of each region of

Ghana, and, in particular, improving the conditions of life in the rural areas, and generally,

redressing any imbalance in development between the rural and the urban areas;

(e) the recognition that the most secure democracy is the one that assures the basic necessities

of life for its people as a fundamental duty.

(3) The State shall take appropriate measures to pr omote the development of agriculture and

industry.

(4) Foreign investment shall be encouraged within G hana, subject to any law for the time

being in force regulating investment in Ghana.

(5) For the purposes of the foregoing clauses of th is article, within two years after assuming

office, the President shall present to Parliament a co-ordinated programme of economic and

social development policies, including agricultural and industrial programmes at all levels and

in all the regions of Ghana.

(6) The State shall afford equality of economic opp ortunity to all citizens; and, in particular,

the State shall take all necessary steps so as to e nsure the full integration of women into the

mainstream of the economic development of Ghana.

(7) The State shall guarantee the ownership of prop erty and the right of inheritance.

(8) The State shall recognise that ownership and po ssession of land carry a social obligation to

serve the larger community and, in particular, the State shall recognise that the managers of

public, stool, skin and family lands are fiduciarie s charged with the obligation to discharge

their functions for the benefit respectively of the people of Ghana, of the stool, skin, or family

concerned and are accountable as fiduciaries in thi s regard.

(9) The State shall take appropriate measures neede d to protect and safeguard the national

environment for posterity; and shall seek co-operat ion with other states and bodies for

purposes of protecting the wider international envi ronment for mankind.

(10) The State shall safeguard the health, safety a nd welfare of all persons in employment,

and shall establish the basis for the full deployme nt of the creative potential of all Ghanaians.

(11) The State shall encourage the participation of workers in the decision-making process at

the work place.

37. SOCIAL OBJECTIVES.

(1) The State shall endeavour to secure and protect a social order founded on the ideals and

principles of freedom, equality, justice, probity a nd accountability as enshrined in Chapter 5

of this Constitution; and in particular, the State shall direct its policy towards ensuring that

every citizen has equality of rights, obligations a nd opportunities before the law.

(2) The State shall enact appropriate laws to assur e—

(a) the enjoyment of rights of effective participat ion in development processes including

rights of people to form their own associations fre e from state interference and to use them to

promote and protect their interests in relation to development processes, rights of access to

agencies and officials of the State necessary in or der to realise effective participation in

development processes; freedom to form organization s to engage in self-help and income

generating projects; and freedom to raise funds to support those activities;

(b) the protection and promotion of all other basic human rights and freedoms, including the

rights of the disabled, the aged, children and othe r vulnerable groups in development

processes.

(3) In the discharge of the obligations stated in c lause (2) of this article, the State shall be

guided by international human rights instruments wh ich recognize and apply particular

categories of basic human rights to development pro cesses.

(4) The State shall maintain a population policy co nsistent with the aspirations and

development needs and objectives of Ghana.

(5) The State shall ensure that adequate facilities for sports are provided throughout Ghana

and that sports are promoted as a means of fosterin g national integration, health and self-

discipline as well as international friendship and understanding.

(6) The State shall—

(a) ensure that contributory schemes are instituted and maintained that will guarantee

economic security for self-employed and other citiz ens of Ghana, and

(b) provide social assistance to the aged such as w ill enable them to maintain a decent

standard of living.

38. EDUCATIONAL OBJECTIVES.

(1) The State shall provide educational facilities at all levels and in all the Regions of Ghana,

and shall, to the greatest extent feasible, make th ose facilities available to all citizens.

(2) The Government shall, within two years after Pa rliament first meets after the coming into

force of this Constitution, draw up a programme for implementation within the following ten

years, for the provision of free, compulsory and un iversal basic education.

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

(a) equal and balanced access to secondary and othe r appropriate pre-university education,

equal access to university or equivalent education, with emphasis on science and technology;

(b) a free adult literacy programme, and a free voc ational training, rehabilitation and

resettlement of disabled persons; and

(c) life-long education.

39. CULTURAL OBJECTIVES.

(1) Subject to clause (2) of this article, the Stat e shall take steps to encourage the integration

of appropriate customary values into the fabric of national life through formal and informal

education and the conscious introduction of cultura l dimensions to relevant aspects of national

planning.

(2) The State shall ensure that appropriate customa ry and cultural values are adapted and

developed as an integral part of the growing needs of the society as a whole; and in particular

that traditional practices which are injurious to t he health and well-being of the person are

abolished.

(3) The State shall foster the development of Ghana ian languages and pride in Ghanaian

culture.

(4) The State shall endeavour to preserve and prote ct places of historical interest and artifacts.

40. INTERNATIONAL RELATIONS.

In its dealings with other nations, the Government shall—

(a) promote and protect the interests of Ghana;

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

(c) promote respect for international law, treaty o bligations and the settlement of international

disputes by peaceful means;

(d) adhere to the principles enshrined in or as the case may be, the aims and ideals of—

(i) the Charter of the United Nations;

(ii) the Charter of the Organisation of African Uni ty;

(iii) the Commonwealth;

(iv) the Treaty of the Economic Community of West A frican States; and

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

41. DUTIES OF A CITIZEN.

The exercise and enjoyment of rights and freedoms i s inseparable from the performance of

duties and obligations, and accordingly, it shall b e the duty of every citizen—

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

(b) to uphold and defend this Constitution and the law;

(c) to foster national unity and live in harmony wi th others;

(d) to respect the rights, freedoms and legitimate interests of others, and generally to refrain

from doing acts detrimental to the welfare of other persons;

(e) to work conscientiously in his lawfully chosen occupation;

(f) to protect and preserve public property and exp ose and combat misuse and waste of public

funds and property;

(g) to contribute to the well-being of the communit y where that citizen lives;

(h) to defend Ghana and render national service whe n necessary;

(i) to co-operate with lawful agencies in the maint enance of law and order;

(j) to declare his income honestly to the appropria te and lawful agencies and to satisfy all tax

obligations; and

(k) to protect and safeguard the environment.

CHAPTER SEVEN

REPRESENTATION OF THE PEOPLE

Right to Vote

42. RIGHT TO VOTE.

Every citizen of Ghana of eighteen years of age or above and of sound mind has the right to

vote and is entitled to be registered as a voter fo r the purposes of public elections and

referenda.

Electoral Commission

43. ELECTORAL COMMISSION.

(1) There shall be an Electoral Commission which sh all consist of—

(a) a Chairman;

(b) two Deputy Chairmen; and

(c) four other members.

(2) The members of the Commission shall be appointe d by the President under article 70 of

this Constitution.

44. QUALIFICATIONS, TERMS AND CONDITIONS OF SERVICE OF MEMBERS OF

ELECTORAL COMMISSION.

(1) A person is not qualified to be appointed a mem ber of the Electoral Commission unless he

is qualified to be elected as a member of Parliamen t.

(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 of the Commission shall not, while they hold

office on the Commission, hold any other public off ice.

(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 s hall continue its work until the President,

acting on the advice of the Council of State, appoi nts a qualified person to fill the vacancy.

45. FUNCTIONS OF ELECTORAL COMMISSION.

The Electoral Commission shall have the following f unctions—

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

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

(c) to conduct and supervise all public elections a nd referenda;

(d) to educate the people on the electoral process and its purpose;

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

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

46. INDEPENDENCE OF THE COMMISSION.

Except as provided in this Constitution or in any o ther law not inconsistent with this

Constitution, in the performance of its functions, the Electoral Commission, shall not be

subject to the direction or control of any person o r authority.

47. CONSTITUENCIES.

(1) Ghana shall be divided into as many constituenc ies for the purpose of election of members

of Parliament as the Electoral Commission may presc ribe, and each constituency shall be

represented by one member of Parliament.

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

(3) The boundaries of each constituency shall be su ch that the number of inhabitants in the

constituency is, as nearly as possible, equal to th e population quota.

(4) For the purposes of clause (3) of this article, the number of inhabitants of a constituency

may be greater or less than the population quota in order to take account of means of

communication, geographical features, density of po pulation and area and boundaries of the

regions and other administrative or traditional are as.

(5) The Electoral Commission shall review the divis ion of Ghana into constituencies at

intervals of not less than seven years, or within t welve months after the publication of the

enumeration figures after the holding of a census o f the population of Ghana, whichever is

earlier, and may, as a result, alter the constituen cies.

(6) Where the boundaries of a constituency establis hed under this article are altered as a result

of a review, the alteration shall come into effect upon the next dissolution of Parliament.

(7) For the purposes of this article, “population q uota” means the number obtained by

dividing the number of inhabitants of Ghana by the number of constituencies into which

Ghana is divided under this article.

48. APPEALS FROM DECISIONS OF COMMISSION.

(1) A person aggrieved by a decision of the Elector al Commission in respect of a demarcation

of a boundary, may appeal to a tribunal consisting of three persons appointed by the Chief

Justice and the Electoral Commission shall give eff ect to the decision of the tribunal.

(2) A person aggrieved by a decision of the tribuna l referred to in clause (1) of this article

may appeal to the Court of Appeal whose decision on the matter shall be final.

49. VOTING AT ELECTIONS AND REFERENDA.

(1) At any public election or referendum, voting sh all be by secret ballot.

(2) Immediately after the close of the poll, the pr esiding officer shall, in the presence of such

of the candidates or their representatives and thei r polling agents as are present, proceed to

count, at that polling station, the ballot papers o f that station and record the votes cast in

favour of each candidate or question.

(3) The presiding officer, the candidates or their representatives and, in the case of a

referendum, the parties contesting or their agents and the polling agents if any, shall then sign

a declaration stating—

(a) the polling station; and

(b) the number of votes cast in favour of each cand idate or question;

and the presiding officer shall, there and then, an nounce the results of the voting at that

polling station before communicating them to the re turning officer.

(4) Subject to the provisions of this Constitution, an issue for determination by referendum

shall not be taken to be determined unless at least thirty-five percent of the persons entitled to

vote at the referendum voted and, of the votes cast , at least seventy percent voted in favour of

the issue.

50. ELECTION OF CANDIDATES.

(1) Subject to the provisions of this Constitution, where at the close of nominations and on the

day before a public election—

(a) two or more candidates have been nominated, the election shall be held and the candidate

who receives the largest number of votes cast shall be declared elected; or

(b) only one candidate is nominated, there shall be no election and that candidate shall be

declared elected.

(2) Where for the purposes of a public election two or more candidates are nominated but at

the close of the nominations and on the day before the election, only one candidate stands

nominated, a further period of ten days shall be al lowed for nomination of other candidates,

and it shall not be lawful for any person nominated within that period of ten days to withdraw

his nomination.

(3) Where at the close of nominations under clause (2) of this article only one candidate

stands nominated, there shall be no election and th at candidate shall be declared elected.

(4) Where at the close of nominations, but before t he election, one of the candidates dies, a

further period of ten days shall be allowed for nom inations; and where the death occurs at any

time within twenty-five days before the election, t he election in that constituency or unit shall

be postponed for twenty-one days.

51. REGULATIONS FOR ELECTIONS AND REFERENDA.

The Electoral Commission shall, by constitutional i nstrument, make regulations for the

effective performance of its functions under this C onstitution or any other law, and in

particular, for the registration of voters, the con duct of public elections and referenda,

including provision for voting by proxy.

52. REGIONAL AND DISTRICT REPRESENTATIVES OF COMMIS SION.

There shall be in every region and district a repre sentative of the Electoral Commission who

shall perform such functions as shall be assigned t o him by the Commission.

53. APPOINTMENT OF STAFF OF COMMISSION.

The appointment of officers and other employees of the Electoral Commission shall be made

by the Commission acting in consultation with the P ublic Services Commission.

54. EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND.

The administrative expenses of the Electoral Commis sion including salaries, allowances and

pensions payable to, or in respect of persons servi ng with the Commission, shall be charged

on the Consolidated Fund.

Political Parties

55. ORGANIZATION OF POLITICAL PARTIES.

(1) The right to form political parties is hereby g uaranteed.

(2) Every citizen of Ghana of voting age has the ri ght to join a political party.

(3) Subject to the provisions of this article, a po litical party is free to participate in shaping the

political will of the people, to disseminate inform ation on political ideas, social and economic

programmes of a national character, and sponsor can didates for elections to any public office

other than to District Assemblies or lower local go vernment units.

(4) Every political party shall have a national cha racter, and membership shall not be based on

ethnic, religious, regional or other sectional divi sions.

(5) The internal organization of a political party shall conform to democratic principles and its

actions and purposes shall not contravene or be inc onsistent with this Constitution or any

other law.

(6) An organisation shall not operate as a politica l party unless it is registered as such under

the law for the time being in force for the purpose .

(7) For purposes of registration, a prospective pol itical party shall furnish the Electoral

Commission with a copy of its Constitution and the names and addresses of its national

officers; and shall satisfy the Commission that—

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

founding member of the party;

(b) the party has branches in all the regions of Gh ana and is, in addition, organised in not less

than two-thirds of the districts in each region; an d

(c) the party’s name, emblem, colour, motto or any other symbol has no ethnic, regional,

religious or other sectional connotation or gives t he 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 elec ted as a member of Parliament or to hold

any other public office.

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

all the regions of Ghana.

(10) Subject to the provisions of this Constitution , every citizen of voting age has the right to

participate in political activity intended to influ ence the composition and policies of the

Government.

(11) The State shall provide fair opportunity to al l political parties to present their

programmes to the public by ensuring equal access t o the state-owned media.

(12) All presidential candidates shall be given the same amount of time and space on the

state-owned media to present their programmes to th e people.

(13) Every candidate for election to Parliament has the right to conduct his campaign freely

and in accordance with law.

(14) Political parties shall be required by law—

(a) to declare to the public their revenues and ass ets and the sources of those revenues and

assets; and

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

(15) Only a citizen of Ghana may make a contributio n or donation to a political party

registered in Ghana.

(16) A member of an organisation or interest group shall not be required to join a particular

political party by virtue of his membership of the organisation or group.

(17) Subject to the provisions of this Chapter, Par liament shall by law regulate the

establishment and functioning of political parties.

56. RESTRICTION OF CERTAIN PROPAGANDA.

Parliament shall have no power to enact a law to es tablish or authorise the establishment of a

body or movement with the right or power to impose on the people of Ghana a common

programme or a set of objectives of a religious or political

CHAPTER EIGHT

THE EXECUTIVE

The President

57. THE PRESIDENT OF GHANA.

(1) There shall be a President of the Republic of G hana who shall be the Head of State and

Head of Government and Commander-in-Chief of the Ar med Forces of Ghana.

(2) The President shall take precedence over all ot her persons in Ghana; and in descending

order, the Vice-President, the Speaker of Parliamen t and the Chief Justice, shall take

precedence over all other persons in Ghana.

(3) Before assuming office the President shall take and subscribe before Parliament the oath

of allegiance and the presidential oath set out in the Second Schedule to this Constitution.

(4) Without prejudice to the provisions of article 2 of this Constitution, and subject to the

operation of the prerogative writs, the President s hall not, while in office, be liable to

proceedings in any court for the performance of his functions, or for any act done or omitted

to be done, or purported to be done, or purported t o have been done or purporting to be done

in the performance of his functions, under this Con stitution or any other law.

(5) The President shall not, while in office as Pre sident, be personally liable to any civil or

criminal proceedings in court.

(6) Civil or criminal proceedings may be instituted against a person within three years after

his ceasing to be President, in respect of anything done or omitted to be done by him in his

personal capacity before or during his term of offi ce notwithstanding any period of limitation

except where the proceedings had been legally barre d before he assumed the office of

President.

58. EXECUTIVE AUTHORITY OF GHANA.

(1) The executive authority of Ghana shall vest in the President and shall be exercised in

accordance with the provisions of this Constitution .

(2) The executive authority of Ghana shall extend t o the execution and maintenance of this

Constitution and all laws made under or continued i n force by this Constitution.

(3) Subject to the provisions of this Constitution, the functions conferred on the President by

clause (1) of this article may be exercised by him either directly or through officers

subordinate to him.

(4) Except as otherwise provided in this Constituti on or by a law not inconsistent with this

Constitution, all executive acts of Government shal l be expressed to be taken in the name of

the President.

(5) A constitutional or statutory instrument or any other instrument made, issued or executed

in the name of the President shall be authenticated by the signature of a Minister and the

validity of any such instrument so authenticated sh all not be called in question on the ground

that it is not made, issued or executed by the Pres ident.

59. ABSENCE FROM GHANA.

The President shall not leave Ghana without prior n otification in writing, signed by him and

addressed to the Speaker of Parliament.

60. THE VICE-PRESIDENT AND SUCCESSION TO THE PRESID ENCY.

(1) There shall be a Vice-President of Ghana who sh all perform such functions as may be

assigned to him by this Constitution or by the Pres ident.

(2) A candidate for the office of Vice-President sh all be designated by the candidate for the

office of President before the election of the Pres ident.

(3) The provisions of article 62 of this Constituti on apply to a candidate for election as Vice-

President.

(4) A candidate shall be deemed to be duly elected as Vice-President if the candidate who

designated him as candidate for election to the off ice of Vice-President has been duly elected

as President in accordance with the provisions of a rticle 63 of this Constitution.

(5) The Vice-President shall, before commencing to perform the functions of Vice-President,

take and subscribe the oath of allegiance and the V ice-Presidential oath set out in the Second

Schedule to this Constitution.

(6) Whenever the President dies, resigns or is remo ved from office, the Vice-President shall

assume office as President for the unexpired term o f office of the President with effect from

the date of the death, resignation or removal of th e President.

(7) Where the unexpired term served by the Vice-Pre sident under clause (6) of this article

exceeds half the term of a President, the Vice-Pres ident is subsequently only eligible to serve

one full term as President.

(8) Whenever the President is absent from Ghana or is for any other reason unable to perform

the functions of his office, the Vice-President sha ll perform the functions of the President

until the President returns or is able to perform h is functions.

(9) The Vice-President shall, before commencing to perform the functions of the President

under clause (6) of this article, take and subscrib e the oath set out in the Second Schedule to

this Constitution in relation to the office of Pres ident.

(10) The Vice-President shall, upon assuming office as President under clause (6) of this

article, nominate a person to the office of Vice-Pr esident subject to approval by Parliament.

(11) Where the President and the Vice-President are both unable to perform the functions of

the President, the Speaker of Parliament shall perf orm those functions until the President or

the Vice-President is able to perform those functio ns or a new President assumes office, as the

case may be.

(12) The Speaker shall, before commencing to perfor m the functions of the President under

clause (11) of this article, take and subscribe the oath set out in relation to the office of

President.

(13) Where the Speaker of Parliament assumes the of fice of President as a result of the death,

resignation or removal from office of the President and the Vice-President, there shall be a

presidential election within three months after his assumption of office.

(14) The provisions of article 69 of this Constitut ion shall apply to the removal from office of

the Vice-President.

61. PUBLIC AND PRESIDENTIAL SEALS.

There shall be a public seal and a presidential sea l, the use and custody of which shall, subject

to the provisions of this Constitution, be regulate d by law.

62. QUALIFICATIONS OF PRESIDENT.

A person shall not be qualified for election as the President of Ghana unless—

(a) he is a citizen of Ghana by birth;

(b) he has attained the age of forty years; and

(c) he is a person who is otherwise qualified to be elected a Member of Parliament, except

that the disqualifications set out in paragraphs (c ), (d), and (e) of clause (2) of article 94 of

this Constitution shall not be removed, in respect of any such person, by a presidential pardon

or by the lapse of time as provided for in clause ( 5) of that article.

63. ELECTION OF PRESIDENT.

(1) A person shall not be a candidate in a presiden tial election unless he is nominated for

election as President by a document which—

(a) is signed by him; and

(b) is signed by not less than two persons who are registered voters resident in the area of

authority of each district assembly;

(c) is delivered to the Electoral Commission on or before the day appointed as nomination day

in relation to the election;

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

(2) The election of the President shall be on the t erms of universal adult suffrage and shall,

subject to the provisions of this Constitution, be conducted in accordance with such

regulations as may be prescribed by constitutional instrument by the Electoral Commission

and shall be held so as to begin—

(a) where a President is in office, not earlier tha n four months nor later than one month before

his term of office expires; and

(b) in any other case, within three months after th e office of President becomes vacant;

and shall be held at such place and shall begin on such date as the Electoral Commission

shall, by constitutional instrument, specify.

(3) A person shall not be elected as President of G hana unless at the presidential election the

number of votes cast in his favour is more than fif ty per cent of the total number of valid votes

cast at the election.

(4) Where at a presidential election there are more than two candidates and no candidate

obtains the number or percentage of votes specified in clause (3) of this article a second

election shall be held within twenty-one days after the previous election.

(5) The candidates for a presidential election held under clause (4) of this article shall be the

two candidates who obtained the two highest numbers of votes at the previous election.

(6) Where at a presidential election three or more candidates obtain the two highest numbers

of votes referred to in clause (5) of this article, then unless there are withdrawals such that

only two candidates remain, another election shall be held within twenty-one days after the

previous election at which the candidates who obtai ned the two highest numbers of votes

shall, subject to any withdrawals, be the only cand idates and the same process shall, subject to

any withdrawal, be continued until a President is e lected.

(7) A presidential candidate under clause (5) or (6 ) of this article may, by writing under his

hand, withdraw his candidature at any time before t he election.

(8) If after a second presidential election held un der clause (4) of this article the two

candidates obtained an equal number of votes, then, notwithstanding any withdrawal, another

election shall be held within twenty-one days after the election at which the two candidates

shall be the only candidates and the same process s hall, subject to any withdrawal, be

continued until a President is elected.

(9) An instrument which—

(a) is executed under the hand of the Chairman of t he Electoral Commission and under the

seal of the Commission; and

(b) states that the person named in the instrument was declared elected as the President of

Ghana at the election of the President,

shall be prima facie evidence that the person named was so elected.

64. CHALLENGING ELECTION OF PRESIDENT.

(1) The validity of the election of the President m ay be challenged only by a citizen of Ghana

who may present a petition for the purpose to the S upreme Court within twenty-one days after

the declaration of the result of the election in re spect of which the petition is presented.

(2) A declaration by the Supreme Court that the ele ction of the President is not valid shall be

without prejudice to anything done by the President before the declaration.

(3) The Rules of Court Committee shall, by constitu tional instrument, make rules of court for

the practice and procedure for petitions to the Sup reme Court challenging the election of a

President.

65. PRESIDENTIAL ELECTION REGULATIONS.

The Electoral Commission shall, by constitutional i nstrument, make regulations for the

purpose of giving effect to article 63 of this Cons titution.

66. TERM OF OFFICE OF PRESIDENT.

(1) A person elected as President shall, subject to clause (3) of this article, hold office for a

term of four years beginning from the date on which he is sworn in as President.

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

(3) The office of President shall become vacant—

(a) on the expiration of the period specified in cl ause (1) of this article; or

(b) if the incumbent dies or resigns from office or ceases to hold office under article 69 of this

Constitution.

(4) The President may, by writing signed by him, an d addressed to the Speaker of Parliament,

resign from his office as President.

67. PRESIDENTIAL MESSAGES.

The President shall, at the beginning of each sessi on of Parliament and before a dissolution of

Parliament, deliver to Parliament a message on the state of the nation.

68. CONDITIONS OF OFFICE OF PRESIDENT.

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

(a) hold any other office of profit or emolument wh ether private or public and whether

directly or indirectly; or

(b) hold the office of chancellor or head of any un iversity in Ghana.

(2) The President shall not, on leaving office as P resident, hold any office of profit or

emolument, except with the permission of Parliament , in any establishment, either directly or

indirectly, other than that of the State.

(3) The President shall receive such salary, allowa nces and facilities as may be prescribed by

Parliament on the recommendations of the committee referred to in article 71 of this

Constitution.

(4) On leaving office, the President shall receive a gratuity in addition to pension, equivalent

to his salary and other allowances and facilities p rescribed by Parliament in accordance with

clause (3) of this article.

(5) The salary, allowances, facilities, pensions an d gratuity referred to in clauses (3) and (4)

shall be exempt from tax.

(6) Where the President is removed from office unde r paragraph (c) of clause (1) of article 69

of this Constitution or resigns, he shall be entitl ed to such pension and other retiring awards

and facilities as Parliament may prescribe on the r ecommendation of the Committee referred

to in article 71 of this Constitution.

(7) The salary and allowances payable to the Presid ent and any pension or gratuity payable to

him on leaving office shall be charged on the Conso lidated Fund.

(8) The salary, allowances, facilities and privileg es of the President shall not be varied to his

disadvantage while he holds office.

(9) The pension payable to the President and the fa cilities available to him shall not be varied

to his disadvantage during his lifetime.

69. REMOVAL OF PRESIDENT.

(1) The President shall be removed from office if h e is found, in accordance with the

provisions of this article—

(a) to have acted in wilful violation of the oath o f allegiance and the presidential oath set out

in the Second Schedule to, or in wilful violation o f any other provision of, this Constitution;

or

(b) to have conducted himself in a manner—

(i) which brings or is likely to bring the high off ice of President into disrepute, ridicule or

contempt; or

(ii) prejudicial or inimical to the economy or the security of the State; or

(c) to be incapable of performing the functions of his office by reason of infirmity of body or

mind.

(2) For the purposes of the removal from office of the President, a notice in writing—

(a) signed by not less than one-third of all the me mbers of Parliament, and

(b) stating that the conduct or the physical or men tal capacity of the President be investigated

on any of the grounds specified in clause (1) of th is article,

shall be given to the Speaker who shall immediately inform the Chief Justice and deliver the

notice to him copied to the President.

(3) The notice referred to in clause (2) of this ar ticle shall be accompanied by a statement in

writing setting out in detail the facts, supported by the necessary documents, on which it is

claimed that the conduct or the physical or mental capacity of the President be investigated for

the purposes of his removal from office.

(4) Subject to clause (5) of this article, the Chie f Justice shall, by constitutional instrument,

immediately convene a tribunal consisting of the Ch ief Justice as Chairman and the four most

senior Justices of the Supreme Court and the tribun al shall inquire, in camera , whether there

is a prima facie case for the removal of the President.

(5) Where a notice under clause (2) of this article is delivered to the Chief Justice in respect of

the removal from office of the President on the gro unds of physical or mental incapacity, the

Chief Justice shall, in consultation with the profe ssional head of the Ghana Health Services,

cause a medical board to be convened which shall co nsist of not less than four eminent

medical specialists and the President shall be info rmed accordingly.

(6) The President shall be invited to submit himsel f for examination by the medical board

within fourteen days after the appointment of the b oard.

(7) The President shall be entitled during the proc eedings of the tribunal or of the medical

board to be heard in his defence by himself or by a lawyer or other expert or person as the

case may be, of his own choice.

(8) The Rules of Court Committee shall, by constitu tional instrument, make rules for the

practice and procedure of the tribunal or of the me dical board for the removal of the President.

(9) Where the tribunal or medical board specified i n clauses (4) and (5) of this article

determines that there is a prima facie case for the removal of the President or that the

President is by reason of physical or mental incapa city unable to perform the functions of his

office, the findings shall immediately be submitted to the Speaker of Parliament through the

Chief Justice and copied to the President.

(10) Parliament shall, within fourteen days after t he date of the findings of the tribunal or

medical board, move a resolution whether or not the President shall be removed from office.

(11) The resolution for the removal from office of the President shall be by a secret ballot and

shall be taken to be approved by Parliament if supp orted by the votes of not less than two-

thirds of all the members of Parliament after prior debate.

(12) The proceedings of Parliament for the removal of the President shall not be held in

camera except where Parliament otherwise orders in the in terest of national security.

(13) The President shall cease to hold office as Pr esident on the date Parliament decides that

he be removed from office.

70. APPOINTMENTS BY PRESIDENT.

(1) The President shall, acting in consultation wit h the Council of State, appoint—

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

(b) the Auditor-General;

(c) the District Assemblies Common Fund Administrat or;

(d) the Chairmen and other members of—

(i) the Public Services Commission;

(ii) the Lands Commission;

(iii) the governing bodies of public corporations;

(iv) a National Council for Higher Education howsoe ver described; and

(e) the holders of such other offices as may be pre scribed by this Constitution or by any other

law not inconsistent with this Constitution.

(2) The President shall, acting on the advice of th e Council of State, appoint the Chairman,

Deputy Chairmen, and other members of the Electoral Commission.

71. DETERMINATION OF CERTAIN EMOLUMENTS.

(1) The salaries and allowances payable, and the fa cilities and privileges available, to—

(a) the Speaker and Deputy Speakers and members of Parliament;

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

(c) the Auditor-General, the Chairman and Deputy Ch airmen of the Electoral Commission,

the Commissioner for Human Rights and Administrativ e Justice and his Deputies and the

District Assemblies Common Fund Administrator;

(d) the Chairman, Vice-Chairman and the other membe rs of—

(i) a National Council for Higher Education howsoev er described;

(ii) the Public Services Commission;

(iii) the National Media Commission;

(iv) the Lands Commission; and

(v) the National Commission for Civic Education;

being expenditure charged on the Consolidated Fund, shall be determined by the President on

the recommendations of a committee of not more than five persons appointed by the

President, acting in accordance with the advice of the Council of State.

(2) The salaries and allowances payable, and the fa cilities available, to the President, the

Vice-President, the chairman and the other members of the Council of State; Ministers of

State and Deputy Ministers, being expenditure charg ed on the Consolidated Fund, shall be

determined by Parliament on the recommendations of the committee referred to in clause (1)

of this article.

(3) For the purposes of this article, and except as otherwise provided in this Constitution,

“salaries” includes allowances, facilities and priv ileges and retiring benefits or awards.

72. PREROGATIVE OF MERCY.

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

(a) grant to a person convicted of an offence a par don either free or subject to lawful

conditions; or

(b) grant to a person a respite, either indefinite or for a specified period, from the execution of

punishment imposed on him for an offence; or

(c) substitute a less severe form of punishment for a punishment imposed on a person for an

offence; or

(d) remit the whole or part of a punishment imposed on a person or of a penalty or forfeiture

otherwise due to Government on account of any offen ce.

(2) Where a person is sentenced to death for an off ence, a written report of the case from the

trial judge or judges, together with such other inf ormation derived from the record of the case

or elsewhere as may be necessary, shall be submitte d to the President.

(3) For the avoidance of doubt, it is hereby declar ed that a reference in this article to a

conviction or the imposition of a punishment, penal ty, sentence or forfeiture includes a

conviction or the imposition of a punishment, penal ty, sentence or forfeiture by a court-

martial or other military tribunal.

International Relations

73. INTERNATIONAL RELATIONS.

The Government of Ghana shall conduct its internati onal affairs in consonance with the

accepted principles of public international law and diplomacy in a manner consistent with the

national interest of Ghana.

74. DIPLOMATIC REPRESENTATION.

(1) The President shall, acting in consultation wit h the Council of State, appoint persons to

represent Ghana abroad.

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

75. EXECUTION OF TREATIES.

(1) The President may execute or cause to be execut ed treaties, agreements or conventions in

the name of Ghana.

(2) A treaty, agreement or convention executed by o r under the authority of the President shall

be subject to ratification by—

(a) Act of Parliament; or

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

of Parliament.

The Cabinet

76. THE CABINET.

(1) There shall be a Cabinet which shall consist of the President, the Vice-President and not

less than ten and not more than nineteen Ministers of State.

(2) The Cabinet shall assist the President in the d etermination of general policy of the

Government.

(3) There shall be a Secretary to the Cabinet who s hall be appointed by the President.

77. MEETINGS OF THE CABINET.

(1) The Cabinet shall be summoned by the President who shall preside at all its meetings; and

in the absence of the President, the Vice-President shall preside.

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

78. MINISTERS OF STATE.

(1) Ministers of State shall be appointed by the Pr esident with the prior approval of

Parliament from among members of Parliament or pers ons qualified to be elected as members

of Parliament, except that the majority of Minister s of State shall be appointed from among

members of Parliament.

(2) The President shall appoint such number of Mini sters of State as may be necessary for the

efficient running of the State.

(3) A Minister of State shall not hold any other of fice of profit or emolument whether private

or public and whether directly or indirectly unless otherwise permitted by the Speaker acting

on the recommendations of a committee of Parliament on the ground—

(a) that holding that office will not prejudice the work of a Minister; and

(b) that no conflict of interest arises or would ar ise as a result of the Minister holding that

office.

79. DEPUTY MINISTERS.

(1) The President may, in consultation with a Minis ter of State, and with the prior approval of

Parliament, appoint one or more Deputy Ministers to assist the Minister in the performance of

his functions.

(2) A person shall not be appointed a Deputy Minist er unless he is a Member of Parliament or

is qualified to be elected as a member of Parliamen t.

(3) Clause (3) of article 78 applies to a Deputy Mi nister as it applies to a Minister of State.

80. OATHS.

A Minister of State or Deputy Minister shall not en ter upon the duties of his office unless he

has taken and subscribed the oath of allegiance, th e oath of Minister of State and the Cabinet

oath, as the case may be, set out in the Second Sch edule to this Constitution.

81. TENURE OF OFFICE OF MINISTERS, ETC.

The office of a Minister of State or a Deputy Minis ter shall become vacant if—

(a) his appointment is revoked by the President; or

(b) he is elected as Speaker or Deputy Speaker; or

(c) he resigns from office; or

(d) he dies.

82. VOTE OF CENSURE.

(1) Parliament may, by a resolution supported by th e votes of not less than two-thirds of all

the members of Parliament, pass a vote of censure o n a Minister of State.

(2) A motion for the resolution referred to in clau se (1) of this article shall not be moved in

Parliament unless—

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

(b) the notice for the motion has been signed by no t less than one-third of all the members of

Parliament;

(3) The motion shall be debated in Parliament withi n fourteen days after the receipt by the

Speaker of the notice for the motion.

(4) A Minister of State in respect of whom a vote o f censure is debated under clause (3) of

this article is entitled, during the debate, to be heard in his defence.

(5) Where a vote of censure is passed against a Min ister under this article the President may,

unless the Minister resigns his office, revoke his appointment as a Minister.

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

Minister of State.

The National Security Council

83. THE NATIONAL SECURITY COUNCIL.

(1) There shall be a National Security Council whic h shall consist of—

(a) the President;

(b) the Vice-President;

(c) the Ministers for the time being holding the po rtfolios of foreign affairs, defence, interior,

and finance and such other Ministers as the Preside nt may determine;

(d) the Chief of Defence Staff and two other member s of the Armed Forces;

(e) the Inspector-General of Police and two other m embers of the Police Service, one of

whom shall be the Commissioner of Police responsibl e for Criminal Investigations

Department;

(f) the Director-General of the Prisons Service;

(g) the Director of External Intelligence;

(h) the Director of Internal Intelligence;

(i) the Director of Military Intelligence;

(j) the Commissioner of Customs, Excise and Prevent ive Service; and

(k) three persons appointed by the President.

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

absence the Vice-President shall preside.

(3) The President may, acting in consultation with the National Security Council, invite such

persons as he considers necessary for any deliberat ions of the Council.

(4) A person invited to participate in the delibera tions of the Council under clause (3) of this

article shall not vote on any matter for decision b efore the Council.

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

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

84. FUNCTIONS OF THE NATIONAL SECURITY COUNCIL.

The functions of the National Security Council incl ude—

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

of Ghana;

(b) ensuring the collection of information relating to the security of Ghana and the integration

of the domestic, foreign and security policies rela ting to it so as to enable the security services

and other departments and agencies of the Governmen t to co-operate more effectively in

matters relating to national security;

(c) assessing and appraising the objectives, commit ments and risks of Ghana in relation to the

actual and potential military power in the interest of national security; and

(d) taking appropriate measures regarding the consi deration of policies on matters of common

interest to the departments and agencies of the Gov ernment concerned with national security.

85. ESTABLISHMENT OF SECURITY SERVICES.

No agency, establishment or other organization conc erned with national security shall be

established except as provided for under this Const itution.

National Development Planning Commission

86. NATIONAL DEVELOPMENT PLANNING COMMISSION.

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

(2) The Commission shall consist of—

(i) a Chairman who shall be appointed by the Presid ent in consultation with the Council of

State;

(ii) the Minister responsible for finance and such other Ministers of State as the President may

appoint;

(iii) the Government Statistician;

(iv) the Governor of the Bank of Ghana;

(v) one representative from each region of Ghana ap pointed by the Regional Co-ordinating

Council of the region;

(vi) such other persons as may be appointed by the President having regard to their knowledge

and experience of the relevant areas and roles pert aining to development, economic, social,

environmental and spatial planning.

(3) The National Development Planning Commission sh all be responsible to the President.

87. FUNCTIONS OF NATIONAL DEVELOPMENT PLANNING COMM ISSION.

(1) The Commission shall advise the President on de velopment planning policy and strategy.

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

initiative—

(a) study and make strategic analyses of macro-econ omic and structural reform options;

(b) make proposals for the development of multi-yea r rolling plans taking into consideration

the resource potential and comparative advantage of the different districts of Ghana;

(c) make proposals for the protection of the natura l and physical environment;

(d) make proposals for ensuring the even developmen t of the districts of Ghana by the

effective utilisation of available resources; and

(e) monitor, evaluate and co-ordinate development p olicies, programmes and projects.

(3) The Commission shall also perform such other fu nctions relating to development planning

as the President may direct.

The Attorney-General

88. THE ATTORNEY-GENERAL.

(1) There shall be an Attorney-General of Ghana who shall be a Minister of State and the

principal legal adviser to the Government.

(2) The Attorney-General shall discharge such other duties of a legal nature as may be

referred or assigned to him by the President, or im posed on him by this Constitution or any

other law.

(3) The Attorney-General shall be responsible for t he initiation and conduct of all

prosecutions of criminal offences.

(4) All offences prosecuted in the name of the Repu blic of Ghana shall be at the suit of the

Attorney-General or any other person authorised by him in accordance with any law.

(5) The Attorney-General shall be responsible for t he institution and conduct of all civil cases

on behalf of the State; and all civil proceedings a gainst the State shall be instituted against the

Attorney-General as defendant.

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

CHAPTER NINE

THE COUNCIL OF STATE

89. THE COUNCIL OF STATE.

(1) There shall be a Council of State to counsel th e President in the performance of his

functions.

(2) The Council of State shall consist of—

(a) the following persons appointed by the Presiden t in consultation with Parliament—

(i) one person who has previously held the office o f Chief Justice;

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

Forces of Ghana;

(iii) one person who has previously held the office of Inspector-General of Police;

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

(c) one representative from each region of Ghana el ected, in accordance with regulations

made by the Electoral Commission under article 51 o f this Constitution, by an electoral

college comprising two representatives from each of the districts in the region nominated by

the District Assemblies in the region; and

(d) eleven other members appointed by the President .

(3) The Council of State shall elect a chairman fro m 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 Consti tution.

(5) A member of the Council of State shall hold off ice until the end of the term of office of

the President unless—

(a) that member resigns by writing signed by him an d addressed to the President; or

(b) becomes permanently incapacitated; or

(c) is removed from office or dies.

(6) The appointment of a member of the Council of S tate may be terminated by the President

on grounds of stated misbehaviour or of inability t o perform his functions arising from

infirmity of body or mind, and with the prior appro val of Parliament.

(7) The Chairman and members of the Council of Stat e shall be entitled to such allowances

and privileges as may be determined in accordance w ith article 71 of this Constitution.

(8) The allowances and privileges of the Chairman a nd other members of the Council of State

shall be charged on the Consolidated Fund and shall not be varied to their disadvantage while

they hold office.

90. CONSIDERATION OF BILLS BY THE COUNCIL OF STATE.

(1) A bill which has been published in the Gazette or passed by Parliament shall be

considered by the Council of State if the President so requests.

(2) A request from the President for consideration of a bill may be accompanied by a

statement setting forth the amendments or changes, if any, which the President proposes for

consideration by the Council of State.

(3) Consideration of a bill under clause (1) of thi s article shall be completed within thirty days

after the third reading in Parliament of that bill except that where the bill was passed under a

certificate of urgency, the Council of State shall consider it and report to the President within

seventy-two hours.

(4) Where the Council of State decides not to propo se an amendment to a bill the Chairman

shall, within seven days after the decision of the Council, transmit the bill with a certificate to

that effect addressed to the President.

(5) Where the Council of State decides to propose a mendments to a bill, the bill, with a

memorandum setting forth the amendments proposed on the bill, shall be transmitted by the

chairman to the President within fifteen days after the conclusion of the consideration by the

Council of State.

91. OTHER FUNCTIONS OF THE COUNCIL.

(1) The Council of State shall consider and advise the President or any other authority in

respect of any appointment which is required by thi s Constitution or any other law to be made

in accordance with the advice of, or in consultatio n with, the Council of State.

(2) The advice referred to in clause (1) of this ar ticle shall be given not later than thirty days

after the receipt of the request from the President or other authority.

(3) The Council of State may, upon request or on it s own initiative, consider and make

recommendations on any matter being considered or d ealt with by the President, a Minister of

State, Parliament or any other authority establishe d by this Constitution except that the

President, Minister of State, Parliament or other a uthority shall not be required to act in

accordance with any recommendation made by the Coun cil of State under this clause.

(4) The Council of State shall perform such other f unctions as may be assigned to it by this

Constitution or any other law not inconsistent with this Constitution.

92. MEETINGS OF COUNCIL OF STATE.

(1) The Council of State shall meet for the dispatc h of business at least four times in a year at

such time and place as the Chairman may determine.

(2) The Council of State shall also meet if request ed by—

(a) the President; or

(b) Parliament; or

(c) not less than five members of the Council.

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

meetings whenever it considers it appropriate.

(4) The Chairman of the Council of State shall pres ide at every meeting of the Council, and in

his absence, a member of the Council elected by the members of the Council shall preside.

(5) A question for decision by the Council of State shall not be proposed for determination

unless there are present in the Council more than o ne-half of all the members of the Council.

(6) Except as otherwise provided in this Constituti on, the question proposed shall be

determined by the majority of the members present a nd voting.

(7) The Council of State may, at any time, appoint any committees it considers appropriate

and assign to them any matter or investigation whic h the Council may determine.

(8) The Council of State may, with the approval of the President, commission experts and

consultants to advise it or to assist it in dealing with any specific issue on such terms and

conditions as it may determine.

(9) A member of the Council of State who is a party to, or is a partner in, a firm which is a

party to a contract with the Government shall, in a ny proceedings in the Council of State

relating to that contract, declare his interest or the interest of that firm and shall not vote on

any question relating to that contract.

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

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

and

(b) the presence or participation of a person not e ntitled to be present or to participate in the

proceedings of the Council.

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

procedure.

CHAPTER TEN

THE LEGISLATURE

Composition of Parliament

93. THE PARLIAMENT OF GHANA.

(1) There shall be a Parliament of Ghana which shal l consist of not less than one hundred and

forty elected members.

(2) Subject to the provisions of this Constitution, the legislative power of Ghana shall be

vested in Parliament and shall be exercised in acco rdance with this Constitution.

94. QUALIFICATIONS AND ELIGIBILITY.

(1) Subject to the provisions of this article, a pe rson shall not be qualified to be a member of

Parliament unless—

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

(b) he is resident in the constituency for which he stands as a candidate for election to

Parliament or has resided there for a total period of not less than five years out of the ten years

immediately preceding the election for which he sta nds, or he hails from that constituency;

and

(c) he has paid all his taxes or made arrangements satisfactory to the appropriate authority for

the payment of his taxes.

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

(a) owes allegiance to a country other than Ghana; or

(b) has been adjudged or otherwise declared—

(i) bankrupt under any law in force in Ghana and ha s not been discharged; or

(ii) to be of unsound mind or is detained as a crim inal 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 security of the State, fraud, dishone sty or moral turpitude; or

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

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

time; or

(d) has been found by the report of a commission or a committee of inquiry to be incompetent

to hold public office or is a person in respect of whom a commission or committee of inquiry

has found that while being a public officer he acqu ired assets unlawfully or defrauded the

State or mis-used or abused his office, or wilfully acted in a manner prejudicial to the interest

of the State, and the findings have not been set as ide on appeal or judicial review; or

(e) is under sentence of death or other sentence of imprisonment imposed on him by any

court; or

(f) is not qualified to be registered as a voter un der any law relating to public elections; or

(g) is otherwise disqualified by a law in force at the time of the coming into force of this

Constitution, not being inconsistent with a provisi on of this Constitution.

(3) A person shall not be eligible to be a member o f Parliament if he—

(a) is prohibited from standing election by a law i n force in Ghana by reason of his holding or

acting in an office the functions of which involve a responsibility for or are connected with

the conduct of, an election or responsibility for, the compilation or revision of an electoral

register; or

(b) is a member of the Police Service, the Prisons Service, the Armed Forces, the Judicial

Service, the Legal Service, the Civil Service, the Audit Service, the Parliamentary Service, the

Statistical Service, the Fire Service, the Customs, Excise and Preventive Service, the

Immigration Service, or the Internal Revenue Servic e; or

(c) is a chief.

(4) For the purposes of paragraph (d) of clause (2) of this article, in the case of any finding

made by a commission or committee of inquiry which is not a judicial or quasi-judicial

commission or committee of inquiry, without prejudi ce to any appeal against or judicial

review of that finding, the finding shall not have the effect of disqualifying a person under

that paragraph unless it has been confirmed by a Go vernment white paper.

(5) A person shall not be taken to be disqualified to be a member of Parliament under

paragraph (c) or (d) of clause (2) of this article if—

(a) ten years or more have passed since the end of the sentence or the date of the publication

of the report of the commission or committee of inq uiry; or

(b) he has been pardoned.

95. THE SPEAKER.

(1) There shall be a Speaker of Parliament who shal l be elected by the members of Parliament

from among persons who are members of Parliament or who are qualified to be elected as

members of Parliament.

(2) The Speaker shall vacate his office—

(a) if he becomes a Minister of State or a Deputy M inister; or

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

Parliament; or

(c) if any circumstances arise that, if he were not Speaker, would disqualify him for election

as a member of Parliament; or

(d) if he is removed from office by a resolution of Parliament supported by the votes of not

less than three-quarters of all the members of Parl iament.

(3) No business shall be transacted in Parliament o ther than an election to the office of

Speaker, at any time when the office of Speaker is vacant.

(4) A person elected to the office of Speaker shall , before entering upon the duties of his

office, take and subscribe before Parliament the oa th of allegiance and the Speaker’s oath set

out in the Second Schedule to this Constitution.

(5) The Speaker shall receive such salary and allow ances, and on retirement, such retiring

awards as may be determined in accordance with arti cle 71 of this Constitution.

(6) The salary and allowances payable to the Speake r and any retiring awards payable to him

on retirement shall be charged on the Consolidated Fund.

(7) The salary and other allowances payable to the Speaker shall not be varied to his

disadvantage during his tenure of office.

96. DEPUTY SPEAKERS.

(1) There shall be two Deputy Speakers of Parliamen t—

(a) who shall be elected by the members of Parliame nt from among the members of

Parliament; and

(b) both of whom shall not be members of the same p olitical party.

(2) The members of Parliament shall elect a person to the office of Deputy Speaker when

Parliament first meets after a dissolution of Parli ament and if the office becomes vacant

otherwise than by reason of a dissolution of Parlia ment, at the first sitting of Parliament after

the office becomes vacant.

(3) The provisions of clause (2) of article 95 of t his Constitution shall apply in the case of a

Deputy Speaker.

97. TENURE OF OFFICE OF MEMBERS.

(1) A member of Parliament shall vacate his seat in Parliament—

(a) upon a dissolution of Parliament; or

(b) if he is elected as Speaker of Parliament; or

(c) if he is absent, without the permission in writ ing of the Speaker and he is unable to offer a

reasonable explanation to the Parliamentary Committ ee on Privileges from fifteen sittings of a

meeting of Parliament during any period that Parlia ment has been summoned to meet and

continues to meet; or

(d) if he is expelled from Parliament after having been found guilty of contempt of Parliament

by a committee of Parliament; or

(e) if any circumstances arise such that, if he wer e not a member of Parliament, would cause

him to be disqualified or ineligible for election, under article 94 of this Constitution; or

(f) if he resigns from office as a member of Parlia ment by writing under his hand addressed to

the Speaker; or

(g) if he leaves the party of which he was a member at the time of his election to Parliament to

join another party or seeks to remain in Parliament as an independent member; or

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

party

(2) Notwithstanding paragraph (g) of clause (1) of this article, a merger of parties at the

national level sanctioned by the parties’ Constitut ions or membership of a coalition

government of which his original party forms part, shall not affect the status of any member

of Parliament.

98. EMOLUMENTS OF MEMBERS.

(1) A member of Parliament shall be paid such salar y and allowances and provided with such

facilities as may be determined in accordance with article 71 of this Constitution.

(2) A member of Parliament shall not hold any offic e of profit or emolument, whether private

or public and either directly or indirectly, unless permitted to do so by the Speaker acting on

the recommendations of a committee of Parliament on the grounds that—

(a) holding that office will not prejudice the work of a member of Parliament; and

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

99. DETERMINATION OF MEMBERSHIP.

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

(a) a person has been validly elected as a member o f Parliament or the seat of a member has

become vacant; or

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

has vacated the office of Speaker.

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

to the Court of Appeal.

Procedure in Parliament

100. OATH OF MEMBERS.

(1) A member of Parliament shall, before taking his seat in Parliament, take and subscribe

before the Speaker and in the presence of the membe rs of Parliament, the oath of allegiance

and the oath of a member of Parliament set out in t he Second Schedule to this Constitution.

(2) A member of Parliament may, before taking the o aths referred to in clause (1) of this

article, take part in the election of the Speaker.

101. PRESIDING IN PARLIAMENT.

The Speaker shall preside in Parliament at all sitt ings and in his absence a Deputy Speaker

shall preside.

102. QUORUM IN PARLIAMENT.

A quorum of Parliament, apart from the person presi ding, shall be one-third of all the

members of Parliament.

103. COMMITTEES OF PARLIAMENT.

(1) Parliament shall appoint standing committees an d other committees as may be necessary

for the effective discharge of its functions.

(2) The standing committees shall be appointed at t he first meeting of Parliament after the

election of the Speaker and the Deputy Speakers.

(3) Committees of Parliament shall be charged with such functions, including the

investigation and inquiry into the activities and a dministration of ministries and departments

as Parliament may determine; and such investigation and inquiries may extend to proposals

for legislation.

(4) Every member of Parliament shall be a member of at least one of the standing committees.

(5) The composition of the committees shall, as muc h as possible, reflect the different shades

of opinion in Parliament.

(6) A committee appointed under this article shall have the powers, rights and privileges of

the High Court or a Justice of the High Court at a trial for—

(a) enforcing the attendance of witnesses and exami ning them on oath, affirmation or

otherwise;

(b) compelling the production of documents; and

(c) issuing a commission or request to examine witn esses abroad.

104. VOTING IN PARLIAMENT.

(1) Except as otherwise provided in this Constituti on, matters in Parliament shall be

determined by the votes of the majority of members present and voting, with at least half of

all the members of Parliament present.

(2) The Speaker shall have neither an original nor casting vote.

(3) Where the votes on any motion are equal it shal l be taken to be lost.

(4) Where Parliament is considering a bill to amend the Constitution, or where the voting is in

relation to the election or removal of any person u nder this Constitution or under any other

law, voting shall be in secret.

(5) A member who is a party to or a partner in a fi rm which is a party to a contract with the

Government shall declare his interest and shall not vote on any question relating to the

contract.

105. UNQUALIFIED PERSON SITTING OR VOTING.

A person who sits or votes in Parliament knowing or having reasonable grounds for knowing

that he is not entitled so to do commits an offence and shall be liable on conviction, to such

penalty as shall be prescribed by or under an Act o f Parliament.

106. MODE OF EXERCISING LEGISLATIVE POWER.

(1) The power of Parliament to make laws shall be e xercised by bills passed by Parliament

and assented to by the President.

(2) No bill, other than such a bill as is referred to in paragraph (a) of article 108 of this

Constitution, shall be introduced in Parliament unl ess—

(a) it is accompanied by an explanatory memorandum setting out in detail the policy and

principles of the bill, the defects of the existing law, the remedies proposed to deal with those

defects and the necessity for its introduction; and

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

introduction in Parliament.

(3) A bill affecting the institution of chieftaincy shall not be introduced in Parliament without

prior reference to the National House of Chiefs.

(4) Whenever a bill is read the first time in Parli ament, it shall be referred to the appropriate

committee appointed under article 103 of this Const itution which shall examine the bill in

detail and make all such inquiries in relation to i t as the committee considers expedient or

necessary.

(5) Where a bill has been deliberated upon by the a ppropriate committee, it shall be reported

to Parliament.

(6) The report of the committee, together with the explanatory memorandum to the bill, shall

form the basis for a full debate on the bill for it s passage, with or without amendments, or its

rejection, by Parliament.

(7) Where a bill passed by Parliament is presented to the President for assent he shall signify,

within seven days after the presentation, to the Sp eaker 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

State under article 90 of this Constitution.

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

refusal—

(a) state in a memorandum to the Speaker any specif ic provisions of the bill which in his

opinion should be reconsidered by Parliament, inclu ding his recommendations for

amendments if any; or

(b) inform the Speaker that he has referred the bil l to the Council of State for consideration

and comment under article 90 of this Constitution.

(9) Parliament shall reconsider a bill taking into account the comments made by the President

or the Council of State, as the case may be, under clause (8) of this article.

(10) Where a bill reconsidered under clause (9) of this article is passed by Parliament by a

resolution supported by the votes of not less than two-thirds of all the members of Parliament,

the President shall assent to it within thirty days after the passing of the resolution.

(11) Without prejudice to the power of Parliament t o postpone the operation of a law, a bill

shall not become law until it has been duly passed and assented to in accordance with the

provisions of this Constitution and shall not come into force unless it has been published in

the Gazette .

(12) The provisions of clauses (7) to (10) of this article shall not apply to a bill certified by the

Speaker as a bill to which the provisions of articl e 108 of this Constitution apply; and

accordingly, the President shall give his assent to any such bill when presented for assent.

(13) Where it is determined by a committee of Parli ament appointed for the purpose that a

particular bill is of an urgent nature, the provisi ons of the preceding clauses of this article,

other than clause (1) and paragraph (a) of clause ( 2) shall not apply, and accordingly, the

President shall give his assent to the bill on its presentation for assent.

(14) A bill introduced in Parliament by or on behal f of the President shall not be delayed for

more than three months in any committee of Parliame nt.

107. RETROACTIVE LEGISLATION.

Parliament shall have no power to pass any law—

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

decision or judgment; or

(b) which operates retrospectively to impose any li mitations on, or to adversely affect the

personal rights and liberties of any person or to i mpose a burden, obligation or liability on any

person except in the case of a law enacted under ar ticles 178 to 182 of this Constitution.

108. SETTLEMENT OF FINANCIAL MATTERS.

Parliament shall not, unless the bill is introduced or the motion is introduced by, or on behalf

of, the President—

(a) proceed upon a bill including an amendment to a bill, that, in the opinion of the person

presiding, makes provision for any of the following —

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

(ii) the imposition of a charge on the Consolidated Fund or other public funds of Ghana or the

alteration of any such charge otherwise than by red uction; or

(iii) the payment, issue or withdrawal from the Con solidated Fund or other public funds of

Ghana of any moneys not charged on the Consolidated Fund or any increase in the amount of

that payment, issue or withdrawal; or

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

(b) proceed upon a motion, including an amendment t o a motion, the effect of which, in the

opinion of the person presiding, would be to make p rovision for any of the purposes specified

in paragraph (a) of this article.

109. PROFESSIONAL ORGANISATIONS.

(1) Parliament may by law regulate professional, tr ade and business organisations.

(2) The affairs of an organisation referred to in c lause (1) of this article shall be conducted on

democratic lines.

110. STANDING ORDERS OF PARLIAMENT.

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

its own procedure.

(2) Parliament may act notwithstanding a vacancy in its membership, including a vacancy not

filled when Parliament first meets after a dissolut ion of Parliament; and the presence or the

participation of a person not entitled to be presen t or to participate in the proceedings of

Parliament shall not invalidate these proceedings.

111. ATTENDANCE IN PARLIAMENT OF VICE-PRESIDENT AND MINISTERS.

The Vice-President, or a Minister or Deputy Ministe r who is not a member of Parliament,

shall be entitled to participate in the proceedings of Parliament and shall be accorded all the

privileges of a member of Parliament except that he is not entitled to vote or to hold an office

in Parliament.

Summoning, Dissolution, etc.

112. SESSIONS OF PARLIAMENT.

(1) A session of Parliament shall be held at such p lace within Ghana and shall commence at

such time as the Speaker may, by constitutional ins trument, appoint.

(2) A session of Parliament shall be held at least once a year, so that the period between the

last sitting of Parliament in one session and the f irst sitting of Parliament in the next session

does not amount to twelve months.

(3) Notwithstanding any other provision of this art icle, fifteen percent of members of

Parliament may request a meeting of Parliament; and the Speaker shall, within seven days

after the receipt of the request, summon Parliament .

(4) Subject to clause (2) of article 113 of this Co nstitution, a general election of members of

Parliament shall be held within thirty days before the expiration of the period specified in

clause (1) of that article; and a session of Parlia ment shall be appointed to commence within

fourteen days after the expiration of that period.

3[(5) Whenever a vacancy occurs in Parliament, the C lerk of Parliament shall notify the

Electoral Commission in writing within seven days a fter becoming aware that the vacancy has

occurred; and a by-election shall be held within th irty days after the vacancy occurred except

that where the vacancy occurred through the death o f a member, the by-election shall be held

within sixty days after the occurrence of the vacan cy.]

(6) Notwithstanding clause (5) of this article, a b y-election shall not be held within three

months before the holding of a general election.

113. DISSOLUTION OF PARLIAMENT.

(1) Subject to clause (2) of this article, Parliame nt shall continue for four years from the date

of its first sitting and shall then stand dissolved .

(2) At any time when Ghana is actually engaged in w ar, Parliament may, from time to time by

resolution supported by the votes of not less than two-thirds of all the members of Parliament,

extend the period of four years specified in clause (1) of this article for not more than twelve

months at a time, except that the life of Parliamen t shall not be extended under this clause for

more than four years.

(3) Where, after a dissolution of Parliament but be fore the holding of a general election, the

President is satisfied that owing to the existence of a state of war or of a state of public

emergency in Ghana or any part of Ghana, it is nece ssary to recall Parliament, the President

shall cause to be summoned the Parliament that has been dissolved to meet.

(4) Unless the life of Parliament is extended under the provisions of clause (2) of this article,

the general election of members of Parliament shall proceed and the Parliament that has been

recalled shall, if not sooner dissolved, again stan d dissolved on the date appointed for the

general election.

4[114. GRATUITIES FOR MEMBERS OF PARLIAMENT.

A person who has served as a member of Parliament f or any period of time shall, on his death

or on his ceasing to be a member of Parliament in a ny circumstance, other than where he

becomes disqualified as a member of Parliament, or where he vacates his office under article

97 (1) (c) or (d) , be eligible for the payment to his personal repre sentatives or to him of such

gratuity proportionate to his period of service as shall be determined by the President, acting

in consultation with the Committee referred to in a rticle 71 of this Constitution.]

Privileges and Immunities

115. FREEDOM OF SPEECH AND OF PROCEEDINGS.

There shall be freedom of speech, debate and procee dings in Parliament and that freedom

shall not be impeached or questioned in any court o r place out of Parliament.

116. IMMUNITY FROM PROCEEDINGS FOR ACTS IN PARLIAME NT.

(1) Subject to the provisions of this article, but without prejudice to the general effect of

member of Parliament in any court or place out of P arliament for any matter or thing brought

by him in or before Parliament by petition, bill, m otion or otherwise.

(2) Whenever in the opinion of the person presiding in Parliament a statement made by a

member is prima facie defamatory of any person, the person presiding sha ll refer the matter

for inquiry to the Parliamentary committee on privi leges which shall report its findings to

Parliament not later than thirty days after the mat ter was referred to it.

(3) Where the committee referred to in clause (2) o f this article reports to Parliament that the

statement made by the member is defamatory of any p erson, the member who made the

statement shall, within seven days after that repor t, render an apology at the bar of Parliament,

the terms of which shall be approved by the Parliam entary committee on privileges and

communicated to the person who has been defamed.

(4) Where a member refuses to render an apology in accordance with clause (3) of this article,

the Speaker shall suspend that member for the durat ion of the session of Parliament in which

the defamatory statement was made and a member so s uspended shall lose his parliamentary

privileges, immunities and remuneration, but they s hall be restored to him if, at any time

before the end of the session, he renders the apolo gy as required by clause (3) of this article.

(5) A person who has made a contemporaneous report of the proceedings in Parliament,

including a statement which has been the subject of an inquiry under clause (2) of this article,

shall publish the apology referred to in clause (3) of this article or the suspension or the

apology referred to in clause (4) of this article w ith the same prominence as he published the

first report.

(6) If a person fails to publish the apology as req uired by clause (5) of this article, he shall not

be protected by privilege.

117. IMMUNITY FROM SERVICE OF PROCESS AND ARREST.

Civil or criminal process coming from any court or place out of Parliament shall not be served

on, or executed in relation to, the Speaker or a me mber or the Clerk to Parliament while he is

on his way to, attending at or returning from, any proceedings of Parliament.

118. IMMUNITY FROM WITNESS SUMMONS.

(1) Neither the Speaker, nor a member of, nor the C lerk to, Parliament shall be compelled,

while attending Parliament to appear as a witness i n any court or place out of Parliament.

(2) The certificate of the Speaker that a member or the Clerk is attending the proceedings of

Parliament is conclusive evidence of attendance at Parliament.

119. IMMUNITY FROM SERVICE AS JUROR.

Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be required to serve

on a jury in any court or place out of Parliament.

120. IMMUNITY FOR PUBLICATION OF PROCEEDINGS.

Subject to the provisions of this Constitution, a p erson shall not be under any civil or criminal

liability in respect of the publication of—

(a) the text or a summary of any report, papers, mi nutes, votes and proceedings of Parliament;

or

(b) a contemporaneous report of the proceedings of Parliament;

unless it is shown that the publication was effecte d maliciously or otherwise without good

faith.

121. PRIVILEGES OF WITNESSES.

(1) A person summoned to attend to give evidence or to produce a paper, book, record or

other document before Parliament, shall be entitled , in respect of his evidence, or the

production of the document, as the case may be, to the same privileges as if he were appearing

before a court.

(2) A public officer shall not be required to produ ce before Parliament a document where—

(a) the Speaker certifies—

(i) that the document belongs to a class of documen ts, the production of which is injurious to

the public interest; or

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

(b) the National Security Council certifies—

(i) that the document belongs to a class of documen ts, the production of which is prejudicial

to the security of the State; or

(ii) that disclosure of the contents of the documen t will be prejudicial to the security of the

State.

(3) Where there is a doubt as to the nature of a do cument such as is referred to in clause (2) of

this article, the Speaker or the National Security Council, as the case may be, shall refer the

matter to the Supreme Court for determination wheth er the production, or the disclosure of the

contents, of the document would be injurious to the public interest or, as the case may be,

prejudicial to the security of the State.

(4) An answer by a person to a question put by Parl iament shall not be admissible in evidence

against him in any civil or criminal proceedings ou t of Parliament, except proceedings for

perjury brought under the criminal law.

Contempt of Parliament

122. GENERAL CONTEMPT.

An act or omission which obstructs or impedes Parli ament in the performance of its functions

or which obstructs or impedes a member or officer o f Parliament in the discharge of his

duties, or affronts the dignity of Parliament or wh ich tends either directly or indirectly to

produce that result, is contempt of Parliament.

123. CRIMINAL PROCEEDINGS.

Where an act or omission which constitutes contempt of Parliament is an offence under the

criminal law, the exercise by Parliament of the pow er to punish for contempt shall not be a

bar to the institution of proceedings under the cri minal law.

The Parliamentary Service

124. THE PARLIAMENTARY SERVICE.

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

Ghana.

(2) There shall be a Parliamentary Service Board wh ich shall consist of—

(a) the Speaker, as chairman;

(b) four other members all of whom shall be appoint ed by the Speaker, acting in accordance

with the advice of a committee of Parliament; and

(c) the Clerk to Parliament.

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

(4) The appointment of the Clerk and the other memb ers of his staff in the Parliamentary

Service shall be made by the Parliamentary Service Board in consultation with the Public

Services Commission.

(5) The Parliamentary Service Board shall, with the prior approval of Parliament, make

regulations, by constitutional instrument, prescrib ing the terms and conditions of service of

the officers and other employees in the Parliamenta ry Service and generally for the effective

and efficient administration of the Parliamentary S ervice.

CHAPTER ELEVEN

THE JUDICIARY

General

125. THE JUDICIAL POWER OF GHANA.

(1) Justice emanates from the people and shall be a dministered in the name of the Republic by

the Judiciary which shall be independent and subjec t only to this Constitution.

(2) Citizens may exercise popular participation in the administration of justice through the

institutions of public and customary tribunals and the jury and assessor systems.

(3) The judicial power of Ghana shall be vested in the Judiciary, accordingly, neither the

President nor Parliament nor any organ or agency of the President or Parliament shall have or

be given final judicial power.

(4) The Chief Justice shall, subject to this Consti tution, be the Head of the Judiciary and shall

be responsible for the administration and supervisi on of the Judiciary.

(5) The Judiciary shall have jurisdiction in all ma tters civil and criminal, including matters

relating to this Constitution, and such other juris diction as Parliament may, by law, confer on

it.

126. COMPOSITION AND MODE OR EXERCISE OF POWER OF J UDICIARY.

(1) The Judiciary shall consist of—

(a) the Superior Courts of Judicature comprising—

(i) the Supreme Court;

(ii) the Court of Appeal; and

(iii) the High Court and Regional Tribunals.

(b) such lower courts or tribunals as Parliament ma y by law establish.

(2) The Superior Courts shall be superior courts of record and shall have the power to commit

for contempt to themselves and all such powers as w ere vested in a court of record

immediately before the coming into force of this Co nstitution.

(3) Except as otherwise provided in this Constituti on or as may otherwise be ordered by a

court in the interest of public morality, public sa fety or public order, the proceedings of every

court shall be held in public.

(4) In the exercise of the judicial power conferred on the Judiciary by this Constitution or any

other law, the Superior Courts may, in relation to any matter within their jurisdiction, issue

such orders and directions as may be necessary to e nsure the enforcement of any judgment,

decree or order of those courts.

127. INDEPENDENCE OF THE JUDICIARY.

(1) In the exercise of the judicial power of Ghana, the Judiciary, in both its judicial and

administrative functions, including financial admin istration, is subject only to this

Constitution and shall not be subject to the contro l or direction of any person or authority.

(2) Neither the President nor Parliament nor any pe rson acting under the authority of the

President or Parliament nor any other person whatso ever shall interfere with Judges or judicial

officers or other persons exercising judicial power , in the exercise of their judicial functions;

and all organs and agencies of the State shall acco rd to the courts such assistance as the courts

may reasonably require to protect the independence, dignity and effectiveness of the courts,

subject to this Constitution.

(3) A Justice of a Superior Court, or any person ex ercising judicial power, shall not be liable

to any action or suit for any act or omission by hi m in the exercise of the judicial power.

(4) The administrative expenses of the Judiciary, i ncluding all salaries, allowances, gratuities

and pensions payable to or in respect of, persons s erving in the judiciary, shall be charged on

the Consolidated Fund.

(5) The salary, allowances, privileges and rights i n respect of leave of absence, gratuity,

pension and other conditions of service of a Justic e of the Superior Court or any judicial

officer or other person exercising judicial power, shall not be varied to his disadvantage.

(6) Funds voted by Parliament, or charged on the Co nsolidated Fund by this Constitution for

the Judiciary, shall be released to the Judiciary, in quarterly instalments.

(7) For the purposes of clause (1) of this article, “financial administration” includes the

operation of banking facilities by the Judiciary wi thout the interference of any person or

authority, other than for the purposes of audit by the Auditor-General, of the funds voted by

Parliament or charged on the Consolidated Fund by t his Constitution or any other law, for the

purposes of defraying the expenses of the Judiciary in respect of which the funds were voted

or charged.

The Supreme Court

128. COMPOSITION AND MODE OF EXERCISE OF POWER OF J UDICIARY.

(1) The Supreme Court shall consist of the Chief Ju stice and not less than nine other Justices

of the Supreme Court.

(2) The Supreme Court shall be duly constituted for its work by not less than five Supreme

Court Justices except as otherwise provided in arti cle 133 of this Constitution.

(3) The Chief Justice shall preside at sittings of the Supreme Court and in his absence, the

most senior of the Justices of the Supreme Court, a s constituted, shall preside.

(4) A person shall not be qualified for appointment as a Justice of the Supreme Court unless

he is of high moral character and proven integrity and is of not less than fifteen years’

standing as a lawyer.

129. GENERAL JURISDICTION OF SUPREME COURT.

(1) The Supreme Court shall be the final court of a ppeal and shall have such appellate and

other jurisdiction as may be conferred on it by thi s Constitution or by any other law.

(2) The Supreme Court shall not be bound to follow the decisions of any other court.

(3) The Supreme Court may, while treating its own p revious decisions as normally binding,

depart from a previous decision when it appears to it right to do so; and all other courts shall

be bound to follow the decisions of the Supreme Cou rt on questions of law.

(4) For the purposes of hearing and determining a m atter within its jurisdiction and the

amendment, execution or the enforcement of a judgme nt or order made on any matter, and for

the purposes of any other authority, expressly or b y necessary implication given to the

Supreme Court by this Constitution or any other law , the Supreme Court shall have all the

powers, authority and jurisdiction vested in any co urt established by this Constitution or any

other law.

130. ORIGINAL JURISDICTION OF SUPREME COURT.

(1) Subject to the jurisdiction of the High Court i n the enforcement of the Fundamental

Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court

shall have exclusive original jurisdiction in—

(a) all matters relating to the enforcement or inte rpretation of this Constitution; and

(b) all matters arising as to whether an enactment was made in excess of the powers conferred

on Parliament or any other authority or person by l aw or under this Constitution.

(2) Where an issue that relates to a matter or ques tion referred to in clause (1) of this article

arises in any proceedings in a court other than the Supreme Court, that court shall stay the

proceedings and refer the question of law involved to the Supreme Court for determination;

and the court in which the question arose shall dis pose of the case in accordance with the

decision of the Supreme Court.

131. APPELLATE JURISDICTION OF SUPREME COURT.

(1) An appeal shall lie from a judgment of the Cour t of Appeal to the Supreme Court—

(a) as of right in a civil or criminal cause or mat ter in respect of which an appeal has been

brought to the Court of Appeal from a judgment of t he High Court or a Regional Tribunal in

the exercise of its original jurisdiction; or

(b) with the leave of the Court of Appeal, in any o ther cause or matter, where the case was

commenced in a court lower than the High Court or a Regional Tribunal and where the Court

of Appeal is satisfied that the case involves a sub stantial question of law or is in the public

interest.

(2) Notwithstanding clause (1) of this article, the Supreme Court may entertain an application

for special leave to appeal to the Supreme Court in any cause or matter, civil or criminal, and

may grant leave accordingly.

(3) The Supreme Court shall have appellate jurisidc tion, to the exclusion of the Court of

Appeal, to determine matters relating to the convic tion or otherwise of a person for high

treason or treason by the High Court.

(4) An appeal from a decision of the Judicial Commi ttee of the National House of Chiefs shall

lie to the Supreme Court with the leave of that Jud icial Committee or the Supreme Court.

132. SUPERVISORY JURISDICTION OF SUPREME COURT.

The Supreme Court shall have supervisory jurisdicti on over all courts and over any

adjudicating authority and may, in the exercise of that supervisory jurisdiction, issue orders

and directions for the purpose of enforcing or secu ring the enforcement of its supervisory

power.

133. POWER OF SUPREME COURT TO REVIEW ITS DECISIONS .

(1) The Supreme Court may review any decision made or given by it on such grounds and

subject to such conditions as may be prescribed by rules of court.

(2) The Supreme Court, when reviewing its decisions under this article, shall be constituted

by not less than seven Justices of the Supreme Cour t.

134. POWERS OF A SINGLE JUSTICE OF SUPREME COURT.

A single Justice of the Supreme Court may exercise power vested in the Supreme Court not

involving the decision of the cause or matter befor e the Supreme Court, except that—

(a) in criminal matters, where that Justice refuses or grants an application in the exercise of

any such power, a person affected by it is entitled to have the application determined by the

Supreme Court constituted by three Justices of the Supreme Court; and

(b) in civil matters, any order, direction or decis ion made or given under this article may be

varied, discharged or reversed by the Supreme Court , constituted by three Justices of the

Supreme Court.

135. PRODUCTION OF OFFICIAL DOCUMENTS IN COURT.

(1) The Supreme Court shall have exclusive jurisdic tion to determine whether an official

document shall not be produced in court because its production or the disclosure of its

contents will be prejudicial to the security of the State or will be injurious to the public

interest.

(2) Where any issue referred to in clause (1) of th is article arises as to the production or

otherwise of an official document in any proceeding s before any court, other than the

Supreme Court, the proceedings in that other court shall be suspended while the Supreme

Court examines the document and determines whether the document should be produced or

not; and the Supreme Court shall make the appropria te order.

(3) The proceedings of the Supreme Court as to whet her an official document may be

produced shall be held in camera .

The Court of Appeal

136. COMPOSITION OF COURT OF APPEAL AND QUALIFICATI ONS OF ITS

JUSTICES.

(1) The Court of Appeal shall consist of—

(a) the Chief Justice;

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

Appeal; and

(c) such other Justices of the Superior Court of Ju dicature as the Chief Justice may, for the

determination of a particular cause or matter by wr iting signed by him, request to sit in the

Court of Appeal for any specified period.

(2) The Court of Appeal shall be duly constituted b y any three of the Justices referred to in

clause (1) of this article and when so constituted, the most senior of the Justices shall preside.

(3) A person shall not be qualified for appointment as a Justice of the Court of Appeal unless

he is of high moral character and proven integrity and is of not less than twelve years’

standing as a lawyer.

(4) The Chief Justice may create such divisions of the Court of Appeal as he considers

necessary to sit in such places as he may determine .

(5) Subject to clause (3) of article 129 of this Co nstitution, the Court of Appeal shall be bound

by its own previous decisions; and all courts lower than the Court of Appeal shall follow the

decisions of the Court of Appeal on questions of la w.

137. JURISDICTION OF COURT OF APPEAL.

(1) The Court of Appeal shall have jurisdiction thr oughout Ghana to hear and determine,

subject to the provisions of this Constitution, app eals from a judgment, decree or order of the

High Court and Regional Tribunals and such other ap pellate jurisdiction as may be conferred

on it by this Constitution or any other law.

(2) Except as otherwise provided in this Constituti on, an appeal shall lie as of right from a

judgment, decree or order of the High Court and a R egional Tribunal to the Court of Appeal.

(3) For the purposes of hearing and determining an appeal within its jurisdiction and the

amendment, execution or the enforcement of a judgme nt or order made on any appeal, and,

for the purposes of any other authority expressly o r by necessary implication given to the

Court of Appeal by this Constitution or any other l aw, the Court of Appeal shall have all the

powers, authority and jurisdiction vested in the co urt from which the appeal is brought.

138. POWERS OF A SINGLE JUSTICE OF COURT OF APPEAL.

A single Justice of the Court of Appeal may exercis e a power vested in the Court of Appeal

not involving the decision of a cause or matter bef ore the Court of Appeal, except that—

(a) in criminal matters, where that Justice refuses or grants an application in the exercise of

any such power, a person affected by it is entitled to have the application determined by the

Court of Appeal as duly constituted; and

(b) in civil matters, any order, direction or decis ion made or given in exercise of the powers

conferred by this article, may be varied, discharge d or reversed by the Court of Appeal as

duly constituted.

The High Court

139. COMPOSITION OF HIGH COURT AND QUALIFICATIONS O F ITS JUSTICES.

(1) The High Court shall consist of—

(a) the Chief Justice;

(b) not less than twenty Justices of the High Court ; and

(c) such other Justices of the Superior Court of Ju dicature as the Chief Justice may, by writing

signed by him, request to sit as High Court Justice s for any period.

(2) The High Court shall be constituted—

(a) by a single Justice of the Court; or

(b) by a single Justice of the Court and jury; or

(c) by a single Justice of the Court with assessors ; or

(d) by three Justices of the Court for the trial of the offence of high treason or treason as

required by article 19 of this Constitution.

(3) There shall be in the High Court such divisions consisting of such number of Justices

respectively as the Chief Justice may determine.

(4) A person shall not be qualified for appointment as a Justice of the High Court unless he is

a person of high moral character and proven integri ty and is of at least ten years’ standing as a

lawyer.

140. JURISDICTION OF THE HIGH COURT.

(1) The High Court shall, subject to the provisions of this Constitution, have jurisdiction in all

matters and in particular, in civil and criminal ma tters and such original, appellate and other

jurisdiction as may be conferred on it by this Cons titution or any other law.

(2) The High Court shall have jurisdiction to enfor ce the Fundamental Human Rights and

Freedoms guaranteed by this Constitution.

(3) The High Court shall have no power, in a trial for the offence of high treason or treason, to

convict any person for an offence other than high t reason or treason.

(4) A Justice of the High Court may, in accordance with rules of court, exercise in court or in

chambers, all or any of the jurisdiction vested in the High Court by this Constitution or any

other law.

(5) For the purposes of hearing and determining an appeal within its jurisdiction and the

amendment, execution or the enforcement of a judgme nt or order made on any appeal, and for

the purposes of any other authority, expressly or b y necessary implication given to the High

Court by this Constitution or any other law, the Hi gh Court shall have all the powers,

authority and jurisdiction vested in the Court from which the appeal is brought.

141. SUPERVISORY JURISDICTION OF THE HIGH COURT.

The High Court shall have supervisory jurisdiction over all lower courts and any lower

adjudicating authority; and may, in the exercise of that jurisdiction, issue orders and directions

for the purpose of enforcing or securing the enforc ement of its supervisory powers

Regional Tribunals

142. ESTABLISHMENT AND COMPOSITION OF REGIONAL TRIB UNALS AND

QUALIFICATIONS OF CHAIRMEN AND OTHER PANEL MEMBERS.

(1) There shall be established in each region of Gh ana such Regional Tribunals as the Chief

Justice may determine.

(2) A Regional Tribunal shall consist of—

(a) the Chief Justice;

(b) one Chairman; and

(c) such members who may or may not be lawyers as s hall be designated by the Chief Justice

to sit as panel members of a Regional Tribunal and for such period as shall be specified in

writing by the Chief Justice.

(3) A Regional Tribunal shall be duly constituted b y a panel consisting of the Chairman and

not less than two other panel members.

(4) A person shall not be appointed to be a Chairma n of a Regional Tribunal unless he is

qualified to be appointed a Justice of the High Cou rt.

(5) A panel member of a Regional Tribunal shall be a person of high moral character and

proven integrity.

143. JURISDICTION OF REGIONAL TRIBUNALS.

(1) A Regional Tribunal shall have jurisdiction to try such offences against the State and the

public interest as Parliament may, by law, prescrib e.

(2) A Regional Tribunal shall have such appellate j urisdiction relating to the matters described

in clause (1) of this article, as may be prescribed by law.

(3) For the purpose of hearing and determining an a ppeal within its jurisdiction and the

amendment, execution or enforcement of a judgment o r order on any appeal, and for the

purposes of any other authority expressly or by nec essary implication given to it by this

Constitution or any other law, a Regional Tribunal shall have all the powers, authority and

jurisdiction vested in the tribunal from which the appeal is brought.

Appointment, retirement and removal of Justices

of Superior Courts and chairmen and other members o f

Regional Tribunals.

144. APPOINTMENT OF JUSTICES OF SUPERIOR COURTS AND CHAIRMEN AND

OTHER MEMBERS OF REGIONAL TRIBUNALS.

(1) The Chief Justice shall be appointed by the Pre sident acting in consultation with the

Council of State and with the approval of Parliamen t.

(2) The other Supreme Court Justices shall be appoi nted by the President acting on the advice

of the Judicial Council, in consultation with the C ouncil of State and with the approval of

Parliament.

(3) Justices of the Court of Appeal and of the High Court and Chairmen of Regional Tribunals

shall be appointed by the President acting on the a dvice of the Judicial Council.

(4) Panel members of Regional Tribunals other than the Chairmen shall be appointed by the

Chief Justice in consultation with the Regional Co- ordinating Council for the region and on

the advice of the Judicial Council.

(5) Justices of the Superior Courts and Chairmen of Regional Tribunals shall be appointed by

warrant under the hand of the President and sealed by the Presidential seal.

(6) Where the office of Chief Justice is vacant, or where the Chief Justice is for any reason

unable to perform the functions of his office—

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

(b) until the person holding that office has resume d the functions of that office; as the case

may be,

those functions shall be performed by the most seni or of the Justices of the Supreme Court.

(7) The office of a Justice of the Superior Court s hall not be abolished while there is a

substantive holder in office.

(8) A Chairman of a Regional Tribunal shall enjoy t he same salary, allowances, gratuity and

pension conditions as a Justice of the High Court.

(9) Where the office of a Justice of the High Court or a Chairman of the Regional Tribunal is

vacant or for any reason, a Justice of the High Cou rt or a Chairman of the Regional Tribunal

is unable to perform the functions of his office, o r if the Chief Justice advises the President

that the state of business in the High Court or Reg ional Tribunal so requires, the President

may, acting in accordance with the advice of the Ju dicial Council, appoint a person who has

held office as, or a person qualified for appointme nt as, a Justice of the High Court or a

Chairman of the Regional Tribunal to act as a Justi ce of the High Court or a Chairman of the

Regional Tribunal.

(10) A person appointed under clause (9) of this ar ticle to act as a Justice of the High Court or

a Chairman of the Regional Tribunal shall continue to act for the period of his appointment or,

where no period is specified, until his appointment is revoked by the President, acting in

accordance with the advice of the Judicial Council.

(11) Notwtithstanding the expiration of the period of his appointment or the revocation of his

appointment under clause (9) of this article, a per son appointed under clause (9) of this article

may thereafter continue to act for a period not exc eeding six months, to enable him to deliver

judgment or do any other thing in relation to proce edings that were commenced before him

previous to the expiration or revocation.

145. RETIREMENT AND RESIGNATION OF JUSTICES OF THE SUPERIOR COURTS

AND CHAIRMEN OF REGIONAL TRIBUNALS.

(1) A Justice of a Superior Court or a Chairman of a Regional Tribunal may retire at anytime

after attaining the age of sixty years.

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

office—

(a) in the case of a Justice of the Supreme Court o r the Court of Appeal, on attaining the age

of seventy years; or

(b) in the case of a Justice of the High Court or a Chairman of a Regional Tribunal, on

attaining the age of sixty-five years; or

(c) upon his removal from office in accordance with article 146 of this Constitution.

(3) A Justice of the Superior Court of Judicature o r a Chairman of a Regional Tribunal may

resign his office by writing signed by him and addr essed to the President.

(4) Notwithstanding that he has attained the age at which he is required by this article to

vacate his office, a person holding office as a Jus tice of a Superior Court or Chairman of a

Regional Tribunal may continue in office for a peri od not exceeding six months after attaining

that age, as may be necessary to enable him to deli ver judgment or do any other thing in

relation to proceedings that were commenced before him previous to his attaining that age.

146. REMOVAL OF JUSTICES OF SUPERIOR COURTS AND CHA IRMEN OF

REGIONAL TRIBUNALS.

(1) A Justice of the Superior Court or a Chairman o f the Regional Tribunal shall not be

removed from office except for stated misbehaviour or incompetence or on ground of inability

to perform the functions of his office arising from infirmity of body or mind.

(2) A Justice of the Superior Court of Judicature o r a Chairman of the Regional Tribunal may

only be removed in accordance with the procedure sp ecified in this article.

(3) If the President receives a petition for the re moval of a Justice of a Superior Court other

than the Chief Justice or for the removal of the Ch airman of a Regional Tribunal, he shall

refer the petition to the Chief Justice, who shall determine whether there is a prima facie case.

(4) Where the Chief Justice decides that there is a prima facie case, he shall set up a

committee consisting of three Justices of the Super ior Courts or Chairmen of the Regional

Tribunals or both, appointed by the Judicial Counci l and two other persons who are not

members of the Council of State, nor members of Par liament, nor lawyers, and who shall be

appointed by the Chief Justice on the advice of the Council of State.

(5) The committee appointed under clause (4) of thi s article shall investigate the complaint

and shall make its recommendations to the Chief Jus tice who shall forward it to the President.

(6) Where the petition is for the removal of the Ch ief Justice, the President shall, acting in

consultation with the Council of State, appoint a c ommittee consisting of two Justices of the

Supreme Court, one of whom shall be appointed chair man by the President, and three other

persons who are not members of the Council of State , nor members of Parliament, nor

lawyers.

(7) The committee appointed under clause (6) of thi s article shall inquire into the petition and

recommend to the President whether the Chief Justic e ought to be removed from office.

(8) All proceedings under this article shall be hel d in camera , and the Justice or Chairman

against whom the petition is made is entitled to be heard in his defence by himself or by a

lawyer or other expert of his choice.

(9) The President shall, in each case, act in accor dance with the recommendations of the

committee.

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

(a) in the case of the Chief Justice, acting in acc ordance with the advice of the Council of

State, by warrant signed by him, suspend the Chief Justice;

(b) in the case of any other Justice of a Superior Court or of a Chairman of a Regional

Tribunal, acting in accordance with the advice of t he Judicial Council, suspend that Justice or

that Chairman of a Regional Tribunal.

(11) The President may, at any time, revoke a suspe nsion under this article.

147. SERVICE CONDITIONS AND REMOVAL OF PANEL MEMBER S OF REGIONAL

TRIBUNAL OTHER THAN THE CHAIRMAN.

(1) A panel member of a Regional Tribunal, other th an the Chairman, shall have such

allowances and benefits as may be determined by the President acting on the advice of the

Judicial Council.

(2) A panel member of a Regional Tribunal other tha n the Chairman may be removed by the

Chief Justice acting on the advice of the Judicial Council and of the Regional Co-ordinating

Council on grounds of stated misbehaviour or incomp etence or on ground of inability to

perform his functions arising from infirmity of bod y or mind.

(3) For the purposes of clause (2) of this article the panel member concerned is entitled to be

heard in his defence by himself or by a lawyer or o ther expert of his choice.

Appointment, retirement and removal of Judicial Off icers

148. APPOINTMENT OF JUDICIAL OFFICERS.

Subject to the provisions of this article, the powe r to appoint persons to hold or to act in a

judicial office shall be vested, subject to the app roval of the President, in the Chief Justice

acting on the advice of the Judicial Council.

149. CONDITIONS OF SERVICE OF JUDICIAL OFFICERS.

Judicial officers shall receive such salaries, allo wances, facilities and privileges and other

benefits as the President may, acting on the advice of the Judicial Council, determine.

150. RETIREMENT AND RESIGNATION OF JUDICIAL OFFICER S.

(1) A judicial officer—

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

(b) shall vacate his office on attaining the age of sixty years.

(2) A judicial officer may resign his office by wri ting addressed to the Chief Justice.

151. REMOVAL OF JUDICIAL OFFICERS.

(1) A person holding a judicial office may be remov ed from office by the Chief Justice on

grounds only of stated misbehaviour, incompetence o r inability to perform his functions

arising from infirmity of body or mind and upon a r esolution supported by the votes of not

less than two-thirds of all the members of the Judi cial Council.

(2) For the purpose of clause (1) of this article, the judicial officer shall be entitled to be heard

in his defence by himself or by a lawyer or other e xpert of his choice.

152. APPOINTMENT, ALLOWANCES AND REMOVAL OF LOWER C OURT OR

TRIBUNAL PANEL MEMBERS.

(1) A panel member of a lower court or tribunal oth er than the person presiding—

(a) shall be appointed by the Chief Justice acting on the advice of the Judicial Council and in

consultation with the relevant District Assembly fr om among persons of high moral character

and proven integrity;

(b) shall be paid such allowances and benefits as t he Judicial Council may determine; and

(c) may be removed by the Chief Justice on the advi ce of the Judicial Council on ground of

stated misbehaviour, incompetence or inability to p erform his functions arising from infirmity

of body or mind.

(2) For the purposes of paragraph (c) of clause (1) of this article the panel member concerned

is entitled to be heard in his defence by himself o r by a lawyer or other expert of his choice.

The Judicial Council

153. JUDICIAL COUNCIL.

There shall be a Judicial Council which shall compr ise the following persons—

(a) the Chief Justice who shall be Chairman;

(b) the Attorney-General;

(c) a Justice of the Supreme Court nominated by the Justices of the Supreme Court;

(d) a Justice of the Court of Appeal nominated by t he Justices of the Court of Appeal;

(e) a Justice of the High Court nominated by the Ju stices of the High Court;

(f) two representatives of the Ghana Bar Associatio n one of whom shall be a person of not

less than twelve years’ standing as a lawyer;

(g) a representative of the Chairmen of Regional Tr ibunals nominated by the Chairmen;

(h) a representative of the lower courts or tribuna ls;

(i) the Judge Advocate-General of the Ghana Armed F orces;

(j) the Head of the Legal Directorate of the Police Service;

(k) the Editor of the Ghana Law Reports;

(l) a representative of the Judicial Service Staff Association nominated by the Association;

(m) a chief nominated by the National House of Chie fs; and

(n) four other persons who are not lawyers appointe d by the President.

154. FUNCTIONS OF JUDICIAL COUNCIL.

(1) The functions of the Judicial Council are—

(a) to propose for the consideration of Government, judicial reforms to improve the level of

administration of justice and efficiency in the Jud iciary;

(b) to be a forum for consideration and discussion of matters relating to the discharge of the

functions of the Judiciary and thereby assist the C hief Justice in the performance of his duties

with a view to ensuring efficiency and effective re alization of justice; and

(c) to perform any other functions conferred on it by or under this Constitution or any other

law not inconsistent with this Constitution.

(2) The Judicial Council may establish such committ ees as it considers necessary to which it

shall refer matters relating to the Judiciary.

Miscellaneous

155. RETIRING AWARDS OF SUPERIOR COURT JUSTICES.

(1) Notwithstanding the provisions of this Chapter, a Justice of the Superior Court of

Judicature who has attained the age of sixty years or above, shall, on retiring, in addition to

any gratuity payable to him, be paid a pension equa l to the salary payable for the time being to

a Justice of the Superior Court from which he retir ed where—

(a) he has served for ten continuous years or more as a Justice of the Superior Court of

Judicature; or

(b) he has served for twenty years or more in the p ublic service at least five continuous years

of which were as a Justice of the Superior Court of Judicature; and

upon retirement under this clause, he shall not hol d any private office of profit or emolument

whether directly or indirectly.

(2) For the avoidance of doubt, the pension paid to a person under clause (1) of this article

shall be subject to the same changes and increases as the salary of a serving Justice of the

Superior Court of Judicature.

(3) A Justice of the Superior Court of Judicature m ay, in lieu of retiring under clause (1) of

this article, retire if he has attained the age pre scribed as retiring age for public officers

generally, and shall be paid retiring awards based on his total public service, including service

as a Justice of the Superior Court of Judicature, b ut otherwise at the same rate as is, for the

time being applicable to the public service general ly.

156. JUDICIAL OATH.

(1) A Justice of a Superior Court, the Chairman of a Regional Tribunal, and also a person

presiding over a lower court or tribunal, and any o ther judicial officer or person whose

functions involve the exercise by him of judicial p ower shall, before assuming the exercise of

the duties of his office, take and subscribe the oa th of allegiance and the Judicial Oath set out

in the Second Schedule to this Constitution.

(2) The President may, on the advice of the Chief J ustice, direct that any other person

connected with the exercise of judicial power, shal l take and subscribe the Judicial Oath.

(3) The oath of allegiance and the judicial oath re quired by this article shall be taken and

subscribed—

(a) in the case of the Chief Justice or other Justi ce of a Superior Court, and a Chairman of a

Regional Tribunal, before the President; and

(b) in the case of any other person, before the Chi ef Justice or before any other Justice of a

Superior Court or Chairman of a Regional Tribunal a s the Chief Justice may direct.

157. RULES OF COURT

(1) There shall be a Rules of Court Committee which shall consist of—

(a) the Chief Justice, who shall be Chairman;

(b) six members of the Judicial Council other than the Chief Justice nominated by the Judicial

Council;

(c) two lawyers, one of not less than ten and the o ther of not more than five years’ standing,

both of whom shall be nominated by the Ghana Bar As sociation.

(2) The Rules of Court Committee shall, by constitu tional instrument, make rules and

regulations for regulating the practice and procedu re of all courts in Ghana.

(3) Without prejudice to clause (2) of this article , no person sitting in a Superior Court for the

determination of any cause or matter shall, having heard the arguments of the parties to that

cause or matter and before judgment is delivered, w ithdraw as a member of the court or

tribunal, or as a member of panel determining that cause or matter, nor shall that person

become functus officio in respect of that cause or matter, until judgment is delivered.

158. OTHER OFFICERS AND EMPLOYEES OF COURTS.

(1) The appointment of officers and employees of th e Courts other than those expressly

provided for by other provisions of this Constituti on, shall be made by the Chief Justice or

other Justice or other officer of the Court as the Chief Justice may direct in writing.

(2) The Judicial Council shall, acting in consultat ion with the Public Services Commission

and with the prior approval of the President, by co nstitutional instrument, make regulations

prescribing the terms and conditions of service of the persons to whom clause (1) of this

article applies.

159. REGULATIONS BY CHIEF JUSTICE.

The Chief Justice may, acting in accordance with th e advice of the Judicial Council and with

the approval of the President, by constitutional in strument, make regulations for the efficient

performance of the functions of the Judicial Servic e and the Judicial Council under this

Chapter.

160. FEES OF THE COURTS TO FORM PART OF CONSOLIDATE D FUND.

The fees, fines and other moneys paid to the Courts shall form part of the Consolidated Fund.

161. INTERPRETATION.

In this Chapter, unless the context otherwise requi res—

“court” includes a tribunal;

“judicial office” means—

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

(b) the office of the Judicial Secretary or Registr ar of the Superior Courts;

(c) such other offices connected with any court as may be prescribed by constitutional

instrument made by the Chief Justice acting in acco rdance with the advice of the Judicial

Council and with the approval of the President;

“judicial officer” means the holder of a judicial o ffice; and

“supervisory jurisdiction” includes jurisdiction to issue writs or orders in the nature of habeas

corpus, certiorari, mandamus , prohibition and quo warranto .

CHAPTER TWELVE

FREEDOM AND INDEPENDENCE OF THE MEDIA

162. FREEDOM AND RESPONSIBILITY OF MEDIA.

(1) Freedom and independence of the media are hereb y guaranteed.

(2) Subject to this Constitution and any other law not inconsistent with this Constitution, there

shall be no censorship in Ghana.

(3) There shall be no impediments to the establishm ent of private press or media; and in

particular, there shall be no law requiring any per son to obtain a licence as a prerequisite to

the establishment or operation of a newspaper, jour nal or other media for mass

communication or information.

(4) Editors and publishers of newspapers and other institutions of the mass media shall not be

subject to control or interference by Government, n or shall they be penalized or harassed for

their editorial opinions and views, or the content of their publications.

(5) All agencies of the mass media shall, at all ti mes, be free to uphold the principles,

provisions and objectives of this Constitution, and shall uphold the responsibility and

accountability of the Government to the people of G hana.

(6) Any medium for the dissemination of information to the public which publishes a

statement about or against any person shall be obli ged to publish a rejoinder, if any, from the

person in respect of whom the publication was made.

163. RESPONSIBILITY OF STATE-OWNED MEDIA.

All state-owned media shall afford fair opportuniti es and facilities for the presentation of

divergent views and dissenting opinions.

164. LIMITATION ON RIGHTS AND FREEDOMS.

The provisions of articles 162 and 163 of this Cons titution are subject to laws that are

reasonably required in the interest of national sec urity, public order, public morality and for

the purpose of protecting the reputations, rights a nd freedoms of other persons.

165. MEDIA RIGHTS AND FREEDOMS TO BE ADDITIONAL TO FUNDAMENTAL

HUMAN RIGHTS.

For the avoidance of doubt, the provisions of this Chapter shall not be taken to limit the

enjoyment of any of the fundamental human rights an d freedoms guaranteed under Chapter 5

of this Constitution.

166. NATIONAL MEDIA COMMISSION.

(1) There shall be established by Act of Parliament within six months after Parliament first

meets after the coming into force of this Constitut ion, a National Media Commission which

shall consist of 5[eighteen] members as follows—

(a) one representative each nominated by

(i) the Ghana Bar Association;

(ii) the Publishers and Owners of the Private Press ;

(iii) the Ghana Association of Writers and the Ghan a Library Association;

(iv) the Christian group (the National Catholic Sec retariat, the Christian Council, and the

Ghana Pentecostal Council);

(v) the Federation of Muslim Councils and Ahmadiyya Mission;

(vi) the training institutions of journalists and c ommunicators;

(vii) the Ghana Advertising Association and the Ins titute of Public Relations of Ghana; and

(viii) the Ghana National Association of Teachers;

6[(ix) the National Council on Women and Development ;

(x) the Trade Unions Congress;

(xi) the Association of Private Broadcaste rs.]

(b) two representatives nominated by the Ghana Jour nalists Association;

(c) two persons appointed by the President; and

(d) three persons nominated by Parliament.

(2) The Commission shall elect its own Chairman.

7[(3) A person who is a founding member of a politic al party, is a leader or a member of its

executive or holds any office in a political party shall not be qualified to be a member of the

Commission.]

167. FUNCTIONS OF THE COMMISSION.

The functions of the National Media Commission are—

(a) to promote and ensure the freedom and independe nce of the media for mass

communication or information;

(b) to take all appropriate measures to ensure the establishment and maintenance of the

highest journalistic standards in the mass media, i ncluding the investigation, mediation and

settlement of complaints made against or by the pre ss or other mass media;

(c) to insulate the state-owned media from governme ntal control;

(d) to make regulations by constitutional instrumen t for the registration of newspapers and

other publications, except that the regulations sha ll not provide for the exercise of any

direction or control over the professional function s of a person engaged in the production of

newspapers or other means of mass communication; an d

(e) to perform such other functions as may be presc ribed by law not inconsistent with this

Constitution.

168. APPOINTMENT OF BOARD MEMBERS OF STATE-OWNED ME DIA.

The Commission shall appoint the chairmen and other members of the governing bodies of

public corporations managing the state-owned media in consultation with the President.

169. APPOINTMENT OF EDITORS.

Editors of the state-owned media shall be appointed by the governing bodies of the respective

corporations in consultation with the Public Servic es Commission.

170. STAFF OF COMMISSION.

The Commission shall appoint the officers and other employees of the Commission in

consultation with the Public Services Commission.

171. EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND.

The administrative expenses of the National Media C ommission, including salaries,

allowances and pensions payable to or in respect of persons serving with the Commission

shall be charged on the Consolidated Fund.

172. INDEPENDENCE OF COMMISSION.

Except as otherwise provided by this Constitution o r by any other law not inconsistent with

this Constitution, the National Media Commission sh all not be subject to the direction or

control of any person or authority in the performan ce of its functions.

173. INDEPENDENCE OF JOURNALISTS.

Subject to article 167 of this Constitution, the Na tional Media Commission shall not exercise

any control or direction over the professional func tions of a person engaged in the production

of newspapers or other means of communication.

CHAPTER THIRTEEN

FINANCE

General

174. TAXATION.

(1) No taxation shall be imposed otherwise than by or under the authority of an Act of

Parliament.

(2) Where an Act, enacted in accordance with clause (1) of this article, confers power on any

person or authority to waive or vary a tax imposed by that Act, the exercise of the power of

waiver or variation, in favour of any person or aut hority, shall be subject to the prior approval

of Parliament by resolution.

(3) Parliament may by resolution, supported by the votes of not less than two-thirds of all

members of Parliament, exempt the exercise of any p ower from the provisions of clause (2) of

this article.

175. PUBLIC FUNDS OF GHANA.

The public funds of Ghana shall be the Consolidated Fund, the Contingency Fund and such

other public funds as may be established by or unde r the authority of an Act of Parliament.

176. THE CONSOLIDATED FUND.

(1) There shall be paid into the Consolidated Fund, subject to the provisions of this article—

(a) all revenues or other moneys raised or received for the purposes of, or on behalf of, the

Government; and

(b) any other moneys raised or received in trust fo r, or on behalf of, the Government,

(2) The revenues or other moneys referred to in cla use (1) of this article shall not include

revenues or other moneys—

(a) that are payable by or under an Act of Parliame nt into some other fund established for

specific purposes; or

(b) that may, by or under an Act of Parliament, be retained by the department of government

that received them for the purposes of defraying th e expenses of that department.

177. CONTINGENCY FUND.

(1) There shall be paid into the Contingency Fund m oneys voted for the purpose by

Parliament; and advances may be made from that Fund which are authorised by the

committee responsible for financial measures in Par liament whenever that committee is

satisfied that there has arisen an urgent or unfore seen need for expenditure for which no other

provision exists to meet the need.

(2) Where an advance is made from the Contingency F und a supplementary estimate shall be

presented as soon as possible to Parliament for the purpose of replacing the amount so

advanced.

178. WITHDRAWAL FROM PUBLIC FUNDS, ETC.

(1) No moneys shall be withdrawn from the Consolida ted Fund except—

(a) to meet expenditure that is charged on that Fun d by this Constitution or by an Act of

Parliament; or

(b) where the issue of those moneys has been author ised—

(i) by an Appropriation Act; or

(ii) by a supplementary estimate approved by resolu tion of Parliament passed for the purpose;

or

(iii) by an Act of Parliament enacted under article 179 of this Constitution; or

(iv) by rules or regulations made under an Act of P arliament in respect of trust moneys paid

into the Consolidated Fund.

(2) No moneys shall be withdrawn from any public fu nd, 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.

179. AUTHORISATION OF EXPENDITURE.

(1) The President shall cause to be prepared and la id before Parliament at least one month

before the end of the financial year, estimates of the revenues and expenditure of the

Government of Ghana for the following financial yea r.

(2) The estimates of the expenditure of all public offices and public corporations, other than

those set up as commercial ventures—

(a) shall be classified under programmes or activit ies which shall be included in a bill to be

known as an Appropriation Bill and which shall be i ntroduced into Parliament to provide for

the issue from the Consolidated Fund or such other appropriate fund, of the sums of money

necessary to meet that expenditure and the appropri ation of those sums for the purposes

specified in that bill; and

(b) shall, in respect of payments charged on the Co nsolidated Fund, be laid before Parliament

for the information of members of Parliament.

(3) The Chief Justice shall, in consultation with t he Judicial Council, cause to be submitted to

the President at least two months before the end of each financial year, and thereafter as and

when the need arises—

(a) the estimates of administrative expenses of the Judiciary charged on the Consolidated

Fund under article 127 of this Constitution; and

(b) estimates of development expenditure of the Jud iciary.

(4) The President shall, at the time specified in c lause (1) of this article, or thereafter, as and

when submitted to him under clause (3) of this arti cle, cause the estimates referred to in clause

(3) of this article to be laid before Parliament.

(5) The estimates shall be laid before Parliament u nder clause (4) by the President without

revision but with any recommendations that the Gove rnment may have on them.

(6) The development expenditure of the Judiciary, i f approved by Parliament, shall be a

charge on the Consolidated Fund.

(7) Parliament shall prescribe the procedure for th e presentation of Appropriation Bills.

(8) Where, in respect of a financial year, it is fo und that the amount of moneys appropriated

by the Appropriation Act for any purpose is insuffi cient or that a need has arisen for

expenditure for a purpose for which no sum of money s has been appropriated by that Act, a

supplementary estimate showing the sum of money req uired, shall be laid before Parliament

for its approval.

(9) Where, in the case of a financial year, a suppl ementary estimate has been approved by

Parliament in accordance with clause (8) of this ar ticle, a supplementary Appropriation Bill

shall be introduced into Parliament in the financia l year next following the financial year to

which the estimate relates, providing for the appro priation of the sum so approved for the

purposes specified in that estimate.

(10) Notwithstanding the provisions of the precedin g clauses of this article, the President may

cause to be prepared and laid before Parliament, es timates of revenue and expenditure of

Ghana for periods of over one year.

(11) Whenever in the estimates prepared in accordan ce with clauses (1) and (8) of this article

provision is made for an item or vote other than fo r the Contingency Fund, not relating to a

specific item of expenditure, any moneys voted by P arliament in respect of that item or vote

shall be under the control and supervision of a Com mittee which shall consist of the

President, the Speaker and the Chairman of the Coun cil of State.

180. EXPENDITURE IN ADVANCE OF APPROPRIATION.

Where it appears to the President that the Appropri ation Act in respect of any financial year

will not come into operation by the beginning of th at financial year, he may, with the prior

approval of Parliament by a resolution, authorise t he withdrawal of moneys from the

Consolidated Fund for the purpose of meeting expend iture necessary to carry on the services

of the Government in respect of the period expiring three months from the beginning of the

financial year or on the coming into operation of t he Act whichever is earlier.

181. LOANS.

(1) Parliament may, by a resolution supported by th e votes of a majority of all the members of

Parliament, authorise the Government to enter into an agreement for the granting of a loan out

of any public fund or public account.

(2) An agreement entered into under clause (1) of t his article shall be laid before Parliament

and shall not come into operation unless it is appr oved by a resolution of Parliament.

(3) No loan shall be raised by the Government on be half of itself or any other public

institution or authority otherwise than by or under the authority of an Act of Parliament.

(4) An Act of Parliament enacted in accordance with clause (3) of this article shall provide—

(a) that the terms and conditions of a loan shall b e laid before Parliament and shall not come

into operation unless they have been approved by a resolution of Parliament; and

(b) that any moneys received in respect of that loa n shall be paid into the Consolidated Fund

and form part of that Fund or into some other publi c fund of Ghana either existing or created

for the purposes of the loan.

(5) This article shall, with the necessary modifica tions by Parliament, apply to an international

business or economic transaction to which the Gover nment is a party as it applies to a loan.

(6) For the purposes of this article, “loan” includ es any moneys lent or given to or by the

Government on condition of return or repayment, and any other form of borrowing or lending

in respect of which—

(a) moneys from the Consolidated Fund or any other public fund may be used for payment or

repayment; or

(b) moneys from any fund by whatever name called, e stablished for the purposes of payment

or repayment whether directly or indirectly, may be used for payment or repayment.

(7) The Minister responsible for finance shall, at such times as Parliament may determine,

present to Parliament any information concerning an y discrepancies relating to—

(a) the granting of loans, their repayment and serv icing;

(b) the payment into the Consolidated Fund or other public fund of moneys derived from

loans raised on institutions outside Ghana.

182. PUBLIC DEBT.

(1) The public debt of Ghana shall be charged on th e Consolidated Fund and other public

funds of Ghana.

(2) For the purposes of this article, the public de bt shall include interest on that debt, sinking

fund payments and redemption moneys in respect of t hat debt and the costs, charges and

expenses incidental to the management of that debt.

183. CENTRAL BANK.

(1) The Bank of Ghana shall be the Central Bank of Ghana and shall be the only authority to

issue the currency of Ghana.

(2) The Bank of Ghana shall—

(a) promote and maintain the stability of the curre ncy of Ghana and direct and regulate the

currency system in the interest of the economic pro gress of Ghana;

(b) be the sole custodian of State funds of Ghana b oth in and outside Ghana and may, by

notice published in the Gazette , authorise any other person or authority to act as a custodian of

any such fund as may be specified in the notice;

(c) encourage and promote economic development and the efficient utilisation of the

resources of Ghana through effective and efficient operation of a banking and credit system in

Ghana; and

(d) do all other things not inconsistent with this article as may be prescribed by law.

(3) The Governor of the Bank of Ghana shall, for th e purposes of this article, disallow any

transaction or transfer involving directly or indir ectly, any foreign exchange whether in or

outside Ghana, which is contrary to law.

(4) The following shall apply to the Governor of th e Bank of Ghana—

(a) he shall be appointed by the President acting i n consultation with the Council of State for

periods of four years each;

(b) he shall, notwithstanding article 285 of this C onstitution be the chairman of the governing

body of the Bank of Ghana;

(c) his emoluments shall not be reduced while he co ntinues to hold office as Governor;

(d) he shall not be removed from office except on t he same grounds and in the same manner

as a Justice of the Superior Court of Judicature, o ther than the Chief Justice, may be removed.

184. FOREIGN EXCHANGE DEALINGS.

(1) The Committee of Parliament responsible for fin ancial measures shall monitor the foreign

exchange receipts and payments or transfers of the Bank of Ghana in and outside Ghana and

shall report on them to Parliament once in every si x months.

(2) The Bank of Ghana shall, not later than three m onths—

(a) after the end of the first six months of its fi nancial year; and

(b) after the end of its financial year;

submit to the Auditor-General for audit, a statemen t of its foreign exchange receipts and

payments or transfers in and outside Ghana.

(3) The Auditor-General shall, not later than three months after the submission of the

statement referred to in clause (2) of this article , submit his report to Parliament on the

statement.

(4) Parliament shall debate the report of the Audit or-General and appoint, where necessary, in

the public interest, a committee to deal with any m atters arising from the report.

Statistical Service

185. STATISTICAL SERVICE.

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

(2) The head of the Statistical Service shall be th e Government Statistician.

(3) The Government Statistician shall be appointed by the President in consultation with the

Council of State.

186. STATISTICAL SERVICE BOARD.

(1) There shall be a Statistical Service Board whic h shall consist of—

(a) a chairman and not more than five other members all of whom shall be appointed by the

President having regard to their expert knowledge, in consultation with the Council of State;

and

(b) the Government Statistician.

(2) The Government Statistician, under the supervis ion of the Statistical Service Board, shall

be responsible for the collection, compilation, ana lysis and publication of socio-economic

data on Ghana and shall perform such other function s as may be prescribed by or under an

Act of Parliament.

(3) The Statistical Service Board may prescribe the manner in which data may be compiled

and kept by any person or authority in Ghana.

The Auditor-General

187. THE AUDITOR-GENERAL.

(1) There shall be an Auditor-General of Ghana whos e office shall be a public office.

(2) The public accounts of Ghana and of all public offices, including the courts, the central

and local government administrations, of the Univer sities and public institutions of like

nature, of any public corporation or other body or organisation established by an Act of

Parliament shall be audited and reported on by the Auditor-General.

(3) For the purposes of clause (2) of this article, the Auditor-General or any person authorised

or appointed for the purpose by the Auditor-General shall have access to all books, records,

returns and other documents relating or relevant to those accounts.

(4) The public accounts of Ghana and of all other p ersons or authorities referred to in clause

(2) of this article shall be kept in such form as t he Auditor-General shall approve.

(5) The Auditor-General shall, within six months af ter the end of the immediately preceding

financial year to which each of the accounts mentio ned in clause (2) of this article relates,

submit his report to Parliament and shall, in that report, draw attention to any irregularities in

the accounts audited and to any other matter which in his opinion ought to be brought to the

notice of Parliament.

(6) Parliament shall debate the report of the Audit or-General and appoint where necessary, in

the public interest, a committee to deal with any m atters arising from it.

(7) In the performance of his functions under this Constitution or any other law the Auditor-

General—

(a) shall not be subject to the direction or contro l of any other person or authority;

(b) may disallow any item of expenditure which is c ontrary to law and surcharge—

(i) the amount of any expenditure disallowed upon t he person responsible for incurring or

authorising the expenditure; or

(ii) any sum which has not been duly brought into a ccount, upon the person by whom the sum

ought to have been brought into account; or

(iii) the amount of any loss or deficiency, upon an y person by whose negligence or

misconduct the loss or deficiency has been incurred .

(8) Paragraph (a) of clause (7) of this article sha ll not preclude the President, acting in

accordance with the advice of the Council of State, from requesting the Auditor-General in

the public interest, to audit, at any particular ti me, the accounts of any such body or

organisation as is referred to in clause (2) of thi s article.

(9) A person aggrieved by a disallowance or surchar ge made by the Auditor-General may

appeal to the High Court.

(10) The Rules of Court Committee may, by constitut ional instrument, make Rules of Court

for the purposes of clause (9) of this article.

(11) The salary and allowances payable to the Audit or-General shall be a charge on the

Consolidated Fund.

(12) The salary and allowances payable to the Audit or-General, his rights in respect of leave

of absence, retiring award or retiring age shall no t be varied to his disadvantage during his

tenure of office.

(13) The provisions of article 146 of this Constitu tion relating to the removal of a Justice of

the Superior Court of Judicature from office shall apply to the Auditor-General.

(14) The administrative expenses of the office of t he Auditor-General including all salaries,

allowances, gratuities and pensions payable to or i n respect of persons serving in the Audit

Service shall be a charge on the Consolidated Fund.

(15) The accounts of the office of the Auditor-Gene ral shall be audited and reported upon by

an auditor appointed by Parliament.

(16) A person appointed to be the Auditor-General o f Ghana shall, before entering upon the

duties of his office, take and subscribe the Oath o f the Auditor-General set out in the Second

Schedule to this Constitution.

The Audit Service

188. THE AUDIT SERVICE.

There shall be an Audit Service which shall form pa rt of the public services of Ghana.

189. THE AUDIT SERVICE BOARD.

(1) There shall be an Audit Service Board which sha ll consist of—

(a) a chairman and four other members appointed by the President, acting in consultation with

the Council of State;

(b) the Auditor-General; and

(c) the Head of the Civil Service or his representa tive.

(2) The appointment of officers and other employees in the Audit Service, other than the

Auditor-General, shall be made by the Audit Service Board, acting in consultation with the

Public Services Commission.

(3) The Audit Service Board shall, acting in consul tation with the Public Services

Commission—

(a) determine the terms and conditions of service o f officers and other employees in the Audit

Service; and

(b) by constitutional instrument, make regulations for the effective and efficient

administration of the Audit Service.

(4) A member of the Audit Service Board, other than the Auditor-General or the Head of the

Civil Service or his representative, may be removed from office by the President, acting in

accordance with the advice of the Council of State, for inability to perform the functions of

his office arising from infirmity of mind or body o r for any other sufficient cause.

CHAPTER FOURTEEN

THE PUBLIC SERVICES

190. THE PUBLIC SERVICES OF GHANA.

(1) The Public Services of Ghana shall include—

(a) the Civil Service,

the Judicial Service,

the Audit Service,

the Education Service,

the Prisons Service,

the 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 Constitutio n; and

(d) such other public services as Parliament may by law prescribe.

(2) The Civil Service shall, until provision is oth erwise made by Parliament, comprise service

in both central and local government.

(3) Subject to the provisions of this Constitution, an Act of Parliament enacted by virtue of

clause (1) of this article shall provide for—

(a) the governing council for the public service to which it relates;

(b) the functions of that service; and

(c) the membership of that service.

(4) For the purposes of this article “public corpor ation” means a public corporation

established in accordance with article 192 of this Constitution other than one set up as a

commercial venture.

191. PROTECTION OF PUBLIC OFFICERS.

A member of the public services shall not be—

(a) victimized or discriminated against for having discharged his duties faithfully in

accordance with this Constitution; or

(b) dismissed or removed from office or reduced in rank or otherwise punished without just

cause.

192. ESTABLISHMENT OF PUBLIC CORPORATIONS.

A public corporation shall not be established excep t by Act of Parliament.

193. HEAD OF THE CIVIL SERVICE.

(1) The President shall, acting in accordance with the advice of the Public Services

Commission, appoint a public officer as the Head of the Civil Service.

(2) Subject to the provisions of this Constitution, the Head of the Civil Service shall not hold

any other public office.

194. THE PUBLIC SERVICES COMMISSION.

(1) There shall be a Public Services Commission whi ch shall perform such functions as

assigned to it by this Constitution or by any other law.

(2) The Public Services Commission shall consist of —

(a) a chairman, a vice-chairman and three other mem bers who shall be full-time members of

the Commission; and

(b) such other members as Parliament may, subject t o article 70 of this Constitution, by law

prescribe.

(3) A person shall not be qualified to be appointed a member of the Public Services

Commission—

(a) if he is not qualified to be elected as a membe r of Parliament; or

(b) if he is otherwise disqualified from holding a public office.

(4) A person holding a public office shall, upon be ing appointed a full-time member of the

Public Services Commission, resign from that public office.

(5) Subject to clause (6) of this article, the term s and conditions of service including retiring

ages of a Justice of the Court of Appeal shall appl y to the Chairman of the Public Services

Commission and those of a Justice of the High Court shall apply to the Vice-Chairman.

(6) The provisions of article 146 of this Constitut ion relating to the removal from office of a

Justice of the Superior Court of Judicature, shall apply—

(a) to the full-time members of the Public Services Commission;

(b) to the members of the Commission referred to in paragraph (b) of clause (2) of this article,

before the expiration of their period of service as provided by law.

(7) The salaries, allowances, facilities and privil eges payable or available to the members of

the Commission other than the Chairman and Vice-Cha irman, shall be determined under

195. APPOINTMENTS, ETC. OF PUBLIC OFFICERS.

(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or to

act in an office in the public services shall vest in the President, acting in accordance with the

advice of the governing council of the service conc erned given in consultation with the Public

Services Commission.

(2) The President may, subject to such conditions a s he may think fit, delegate some of his

functions under this article by directions in writi ng to the governing council concerned or to a

committee of the council or to any member of that g overning council or to any public officer.

(3) The power to appoint persons to hold or act in an office in a body of higher education,

research or professional training, shall vest in th e council or other governing body of that

institution or body.

196. OTHER FUNCTIONS OF THE PUBLIC SERVICES COMMISS ION.

The Public Services Commission shall have such powe rs and exercise such supervisory,

regulatory and consultative functions as Parliament shall, by law, prescribe, including as may

be applicable, the supervision and regulation of, e ntrance and promotion examinations,

recruitment and appointment into or promotions with in, the public services, and the

establishment of standards and guidelines on the te rms and conditions of employment in the

public services.

197. REGULATIONS.

The Public Services Commission may, subject to the approval of the President, make

regulations, by constitutional instrument, for the effective and efficient performance of its

functions under this Constitution or any other law.

198. INDEPENDENCE OF COMMISSION.

Except as otherwise provided in this Constitution, or any other law not inconsistent with this

Constitution, the Public Services Commission shall not be subject to the control or direction

of any person or authority in the performance of it s functions.

199. RETIRING AGE AND PENSION.

(1) A public officer shall, except as otherwise pro vided in this Constitution, retire from the

public service on attaining the age of sixty years.

(2) A public officer may, except as otherwise provi ded in this Constitution, retire from the

public service at any time after attaining the age of forty-five years.

(3) The pension payable to any person shall be exem pt from tax.

8[(4) Notwithstanding clause (1) of this article, a public officer who has retired from the

public service after attaining the age of sixty-fiv e 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 ter ms and conditions as the appointing

authority shall determine.]

CHAPTER FIFTEEN

THE POLICE SERVICE

200. THE POLICE SERVICE.

(1) There shall be a Police Service of Ghana.

(2) No person or authority shall raise any police s ervice except by or under the authority of an

Act of Parliament.

(3) The Police Service shall be equipped and mainta ined to perform its traditional role of

maintaining law and order.

201. THE POLICE COUNCIL.

There shall be established a Police Council which s hall consist of—

9[(a) a chairman who shall be appointed by the Presi dent acting in consultation with the

Council of State;]

(b) the Minister responsible for internal affairs;

(c) the Inspector-General of Police;

(d) the Attorney-General or his representative;

(e) a lawyer nominated by the Ghana Bar Association ;

(f) a representative of the Retired Senior Police O fficers Association;

(g) two members of the Police Service, appointed by the President, acting in consultation with

the Council of State, one of whom shall be of a jun ior rank; and

(h) two other members appointed by the President.

202. INSPECTOR-GENERAL OF POLICE AND APPOINTMENT OF MEMBERS OF

POLICE SERVICE.

(1) The Inspector-General of Police shall be appoin ted by the President acting in consultation

with the Council of State.

(2) The Inspector-General of Police shall be head o f the Police Service and shall, subject to

the provisions of this article and to the control a nd direction of the Police Council, be

responsible for the operational control and the adm inistration 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 i n the President, acting in accordance with the

advice of the Police Council.

(4) The President may, subject to such conditions a s he thinks fit, delegate some of his

functions under this article by directions in writi ng to the Police Council or to a committee or

to a member of the Council.

203. FUNCTIONS OF THE POLICE COUNCIL.

(1) The Police Council shall advise the President o n matters of policy relating to internal

security, including the role of the Police Service, budgeting and finance, administration and

the promotion of officers above the rank of Assista nt Commissioner of Police.

(2) The Police Council may, with the prior approval of the President, by constitutional

instrument, make regulations for the performance of its functions under this Constitution or

any other law and for the effective and efficient a dministration of the Police Service.

(3) Regulations made under clause (2) of this artic le shall include regulations in respect of—

(a) the control and administration of the Police Se rvice;

(b) the ranks of officers and men of each unit of t he Police Service, the members of each rank

and the use of uniforms by the members;

(c) the conditions of service including those relat ing 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 di scipline persons and the conditions subject

to which delegations may be made.

204. REGIONAL POLICE COMMITTEES.

(1) There shall be established for each region a Re gional 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 of the Police Servi ce in the region;

(c) a representative of each district in the region appointed by the District Assembly in the

district;

(d) a lawyer practising in the region nominated by the Ghana Bar Association;

(e) a representative of the Attorney-General; and

(f) a representative of the Regional House of Chief s.

(2) A Regional Police Committee shall advise the Po lice Council on any matter relating to the

administration of the Police Service in the region.

CHAPTER SIXTEEN

THE PRISONS SERVICE

205. THE PRISONS SERVICE.

(1) There shall be a Prisons Service of Ghana.

(2) The Prisons Service shall be equipped and maint ained to perform its traditional role

efficiently.

206. THE PRISONS SERVICE COUNCIL.

There shall be established a Prisons Service Counci l which shall consist of—

10 [(a) a chairman who shall be appointed by the Presi dent acting in consultation with the

Council of State;]

(b) the Minister responsible for internal affairs;

(c) the Director-General of the Prisons Service;

(d) a medical practitioner nominated by the Ghana M edical Association;

(e) a lawyer nominated by the Ghana Bar Association ;

(f) the Attorney-General or his representative;

(g) a representative of the Ministry or department of state responsible for social welfare;

(h) a representative of such religious bodies as th e President may, in consultation with the

Council of State, appoint;

(i) two members of the Prisons Service appointed by the President in consultation with the

Council of State one of whom shall be of a junior r ank;

(j) a representative of the National House of Chief s; and

(k) two other members appointed by the President.

207. DIRECTOR-GENERAL OF PRISONS SERVICE AND APPOIN TMENT OF

MEMBERS OF SERVICE.

(1) The Director-General of the Prisons Service sha ll be appointed by the President, acting in

consultation with the Council of State.

(2) The Director-General of the Prisons Service sha ll, subject to the provisions of this article

and to the control and direction of the Prisons Ser vice Council, be responsible for the

operational control and the administration of the P risons Service.

(3) Subject to the provisions of this Constitution, the power to appoint persons to hold or to

act in an office in the Prisons Service shall vest in the President, acting in accordance with the

advice of the Prisons Service Council.

(4) The President may, subject to such conditions a s he thinks fit, delegate some of his

functions under this article by directions in writi ng to the Prisons Service Council or to a

Committee or a member of the Council.

208. FUNCTIONS OF PRISONS SERVICE COUNCIL.

(1) The Prisons Service Council shall advise the Pr esident on matters of policy relating to the

organisation and maintenance of the prison system i n Ghana including the role of the Prisons

Service, prisons budgeting and finance, administrat ion and the promotion of officers above

the rank of Assistant Director of Prisons.

(2) The Prisons Service Council may, with the prior approval of the President, by

constitutional instrument, make regulations for the performance of its functions under this

Constitution or any other law and for the effective and efficient administration of prisons and

the Prisons Service.

(3) Regulations made under clause (2) of this artic le shall include provisions relating to—

(a) the control and administration of prisons and t he Prisons Service;

(b) the ranks of officers and men of the Prisons Se rvice, the members of each rank and the use

of uniforms by the members;

(c) the conditions of service including those relat ing to the enrolment, salaries, pensions,

gratuities and other allowances of officers and men ;

(d) The authority and powers of command of the offi cers and men of the Prisons Service;

(e) the delegation to other persons of powers to di scipline persons and the conditions subject

to which delegations may be made;

(f) the parole system and the periodic review of th e conditions of prisoners and all other

persons in legal custody at intervals of not more t han one year;

(g) the conditions under which persons may be admit ted into prisons;

(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 s hould be dealt with;

(i) the appointment and composition of welfare comm ittees for prisoners and discharged

prisoners and other persons released from legal cus tody;

(j) ready access by lawyers to prisoners and other persons in legal custody; and

(k) such measures, generally, as will ensure the hu mane treatment and welfare of prisoners

and other persons in legal custody, including the p rovision of literature and writing material.

209. REGIONAL PRISONS COMMITTEES.

(1) There shall be established for each region a Re gional 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 i n the region;

(c) a representative of the Attorney-General;

(d) a lawyer practising in the region nominated by the Ghana Bar Association;

(e) the Regional Director of Health Services;

(f) a medical practitioner in the region nominated by the Ghana Medical Association;

(g) the Regional Director of Social Welfare;

(h) a representative of the Regional House of Chief s;

(i) representatives of such religious bodies as the Regional Minister may deem fit to appoint.

(2) A Regional Prisons Committee shall advise the P risons Service Council and the Director-

General of the Prisons Service on any matter relati ng to the administration of prisons and of

the Prisons Service in the region.

CHAPTER SEVENTEEN

THE ARMED FORCES OF GHANA

210. ARMED FORCES OF GHANA.

(1) There shall be the Armed Forces of Ghana which shall consist of the Army, the Navy and

the Air Force and such other services for which pro vision is made by Parliament.

(2) No person shall raise an armed force except by or under the authority of an Act of

Parliament.

(3) The Armed Forces shall be equipped and maintain ed to perform their role of defence of

Ghana as well as such other functions for the devel opment of Ghana as the President may

determine.

211. ARMED FORCES COUNCIL.

There shall be established an Armed Forces Council which shall consist of—

11 [(a) a chairman who shall be the President or his n ominee;]

(b) the Ministers responsible for defence, foreign affairs and internal affairs;

(c) the Chief of Defence Staff, the Service Chiefs and a senior Warrant Officer or its

equivalent in the Armed Forces; and

(d) two other persons appointed by the President ac ting in consultation with the Council of

State.

212. APPOINTMENTS.

(1) The President shall, acting in consultation wit h the Council of State, appoint—

(a) the Chief of Defence Staff of the Armed Forces; and

(b) the Service Chiefs.

(2) The President may, acting in accordance with th e advice of the Armed Forces Council,

appoint officers of the Armed Forces who shall be g iven such command as the Armed Forces

Council shall determine.

(3) The President shall, acting in accordance with the advice of the Armed Forces Council,

grant commissions to officers of the Armed Forces.

(4) Subject to clause (3) of this article, the powe r to appoint persons to hold or to act in an

office in the Armed Forces shall vest in the Presid ent, acting in accordance with the advice of

the Armed Forces Council.

213. THE CHIEF OF DEFENCE STAFF.

The Chief of Defence Staff of the Armed Forces shal l, subject to the provisions of this article,

and to the control and direction of the Armed Force s Council on matters of policy, be

responsible for the administration and the operatio nal control and command of the Armed

Forces.

214. FUNCTIONS OF ARMED FORCES COUNCIL.

(1) The Armed Forces Council shall advise the Presi dent on matters of policy relating to

defence and strategy including the role of the Arme d Forces, military budgeting and finance,

administration and the promotion of officers above the rank of Lieutenant-Colonel or its

equivalent.

(2) The Armed Forces Council may, with the prior ap proval of the President, by constitutional

instrument, make regulations for the performance of its functions under this Constitution or

any other law, and for the effective and efficient administration of the Armed Forces.

(3) Regulations made under clause (2) of this artic le shall include regulations in respect of—

(a) the control and administration of the services of the Armed Forces;

(b) the ranks of officers and men of each service, the members in each rank and the use of

uniforms by the officers and men;

(c) the conditions of service including those relat ing to the enrolment, salaries, pensions,

gratuities and other allowances of officers and men of each service and deductions from them;

(d) the authority and powers of command of officers and men of each service;

(e) the delegation to other persons of powers of co mmanding officers to try accused persons

and the conditions subject to which delegations may be made; and

(f) the establishment of research and development u nits in each service.

215. DELEGATION OF FUNCTIONS.

The Armed Forces Council may, subject to such condi tions as it may consider fit, delegate

some of its functions under this Chapter by directi ons in writing to a committee or a member

of the Council.

CHAPTER EIGHTEEN

COMMISSION ON HUMAN RIGHTS

AND ADMINISTRATIVE JUSTICE

216. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE.

There shall be established by Act of Parliament wit hin six months after Parliament first meets

after the coming into force of this Constitution, a Commission on Human Rights and

Administrative Justice which shall consist of—

(a) a Commissioner for Human Rights and Administrat ive Justice; and

(b) two Deputy Commissioners for Human Rights and A dministrative Justice.

217. APPOINTMENT OF MEMBERS OF COMMISSION.

The President shall appoint the members of the Comm ission under article 70 of this

Constitution.

218. FUNCTIONS OF COMMISSION.

The functions of the Commission shall be defined an d prescribed by Act of Parliament and

shall include the duty—

(a) to investigate complaints of violations of fund amental 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 functi oning of the Public Services Commission,

the administrative organs of the State, the Armed F orces, the Police Service and the Prisons

Service in so far as complaints relate to the failu re 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 alleg e violations of fundamental rights and

freedoms under this Constitution;

(d) to take appropriate action to call for the reme dying, correction and reversal of instances

specified in paragraphs (a), (b) and (c) of this cl ause through such means as are fair, proper

and effective, including—

(i) negotiation and compromise between the parties concerned;

(ii) causing the complaint and its finding on it to be reported to the superior of an offending

person;

(iii) bringing proceedings in a competent Court for a remedy to secure the termination of the

offending action or conduct, or the abandonment or alteration of the offending procedures;

and

(iv) bringing proceedings to restrain the enforceme nt of such legislation or regulation by

challenging its validity if the offending action or conduct is sought to be justified by

subordinate legislation or regulation which is unre asonable or otherwise ultra vires ;

(e) to investigate all instances of alleged or susp ected corruption and the misappropriation of

public moneys by officials and to take appropriate steps, including reports to the Attorney-

General and the Auditor-General, resulting from suc h investigations;

(f) to educate the public as to human rights and fr eedoms by such means as the Commissioner

may decide, including publications, lectures and sy mposia; and

(g) to report annually to Parliament on the perform ance of its functions.

219. SPECIAL POWERS OF INVESTIGATION.

(1) The powers of the Commission shall be defined b y Act of Parliament and shall include the

power—

(a) to issue subpoenas requiring the attendance of any person before the Commission and the

production of any document or record relevant to an y investigation by the Commission;

(b) to cause any person contemptuous of any such su bpoena to be prosecuted before a

competent Court;

(c) to question any person in respect of any subjec t matter under investigation before the

Commission;

(d) to require any person to disclose truthfully an d frankly any information within his

knowledge relevant to any investigation by the Comm issioner.

(2) The Commissioner shall not investigate—

(a) a matter which is pending before a court or jud icial tribunal; or

(b) a matter involving the relations or dealings be tween the Government and any other

Government or an international organisation; or

(c) a matter relating to the exercise of the prerog ative of mercy.

220. REGIONAL AND DISTRICT BRANCHES OF COMMISSION.

An Act of Parliament enacted under article 216 of t his Constitution shall provide for the

creation of regional and district branches of the C ommission.

221. QUALIFICATIONS OF COMMISSIONERS.

A person shall not be qualified for appointment as a Commissioner or a Deputy

Commissioner for Human Rights and Administrative Ju stice, unless he is—

(a) in the case of Commissioner, qualified for appo intment as a Justice of the Court of Appeal;

and

(b) in the case of a Deputy Commissioner, qualified for appointment as a Justice of the High

Court.

222. COMMISSIONERS NOT TO HOLD OTHER PUBLIC OFFICE.

The Commissioner and Deputy Commissioners shall not hold any other public office.

223. TERMS AND CONDITIONS OF SERVICE OF COMMISSIONE RS.

(1) The Commissioner and Deputy Commissioners shall enjoy the terms and conditions of

service of a Justice of the Court of Appeal and Hig h Court respectively.

(2) The Commissioner and Deputy Commissioners shall cease to hold office upon attaining

the ages of seventy and sixty-five years respective ly.

224. ACTING APPOINTMENTS.

Where the Commissioner dies, resigns or is removed from office or is for any other reason

unable to perform the functions of his office, the President shall, acting in consultation with

the Council of State, appoint a person qualified to be appointed Commissioner to perform

those functions until the appointment of a new Comm issioner.

225. INDEPENDENCE OF COMMISSION AND COMMISSIONERS.

Except as provided by this Constitution or by any o ther law not inconsistent with this

Constitution, the Commission and the Commissioners shall, in the performance of their

functions, not be subject to the direction or contr ol of any person or authority.

226. APPOINTMENT OF STAFF.

The appointment of officers and other employees of the Commission shall be made by the

Commission acting in consultation with the Public S ervices Commission.

227. EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND.

The administrative expenses of the Commission inclu ding salaries, allowances and pensions

payable to, or in respect of, persons serving with the Commission, shall be charged on the

Consolidated Fund.

228. REMOVAL OF COMMISSIONERS.

The procedure for the removal of the Commissioner a nd Deputy Commissioners shall be the

same as that provided for the removal of a Justice of the Court of Appeal and a Justice of the

High Court respectively under this Constitution.

229. INITIATION OF LEGAL PROCEEDINGS.

For the purposes of performing his functions under this Constitution and any other law, the

Commissioner may bring an action before any court i n Ghana and may seek any remedy

which may be available from that court.

230. REGULATIONS.

Subject to the provisions of this Constitution and to any Act of Parliament made under this

Chapter, the Commission shall make, by constitution al instrument, regulations regarding the

manner and procedure for bringing complaints before it and the investigation of such

complaints.

CHAPTER NINETEEN

NATIONAL COMMISSION FOR CIVIC EDUCATION

231. ESTABLISHMENT OF NATIONAL COMMISSION FOR CIVIC EDUCATION.

There shall be established by Act of Parliament wit hin six months after Parliament first meets

after the coming into force of this Constitution, a National Commission for Civic Education in

this Chapter referred to as “the Commission”.

232. MEMBERSHIP OF COMMISSION.

(1) The Commission shall consist of a Chairman, two Deputy Chairmen and four other

members.

(2) Members of the Commission shall be appointed by the President acting on the advice of

the Council of State.

(3) Members of the Commission shall be persons who are qualified to be elected as members

of Parliament.

(4) Members of the Commission shall be persons who do not hold office in any political

party.

233. FUNCTIONS OF COMMISSION.

The functions of the Commission shall be—

(a) to create and sustain within the society the aw areness of the principles and objectives of

this Constitution as the fundamental law of the peo ple of Ghana;

(b) to educate and encourage the public to defend t his Constitution at all times, against all

forms of abuse and violation;

(c) to formulate for the consideration of Governmen t, from time to time, programmes at the

national, regional and district levels aimed at rea lising the objectives of this Constitution;

(d) to formulate, implement and oversee programmes intended to inculcate in the citizens of

Ghana awareness of their civic responsibilities and an appreciation of their rights and

obligations as free people; and

(e) such other functions as Parliament may prescrib e.

234. INDEPENDENCE OF COMMISSION.

Except as otherwise provided in this Constitution o r in any other law which is not inconsistent

with this Constitution, the Commission shall not be subject to the direction or control of any

person or authority in the performance of its funct ions.

235. TERMS AND CONDITIONS OF SERVICE OF MEMBERS OF COMMISSION.

(1) The Chairman of the Commission shall enjoy the same terms and conditions of service as

a Justice of the Court of Appeal, and a Deputy Chai rman of the Commission shall enjoy the

same terms and conditions of service as a Justice o f the High Court.

(2) The other members of the Commission shall hold office on such terms and conditions as

may be approved by Parliament.

236. REMOVAL OF CHAIRMAN AND DEPUTY CHAIRMEN.

The procedure for the removal of the Chairman or a Deputy Chairman from office shall be the

same as that provided for the removal of a Justice of the Court of Appeal and a Justice of the

High Court respectively under this Constitution.

237. REGIONAL AND DISTRICT BRANCHES OF COMMISSION.

Parliament shall, by law, provide for the establish ment of Regional and District branches of

the Commission.

238. APPOINTMENT OF STAFF.

The officers and employees of the Commission shall be appointed by the Commission acting

in consultation with the Public Services Commission .

239. EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND.

The administrative expenses of the Commission, incl uding salaries, allowances and pensions

payable to, or in respect of, persons serving with the Commission, shall be charged on the

Consolidated Fund.

CHAPTER TWENTY

DECENTRALIZATION AND LOCAL GOVERNMENT

240. LOCAL GOVERNMENT.

(1) Ghana shall have a system of local government a nd administration which shall, as far as

practicable, be decentralized.

(2) The system of decentralized local government sh all have the following features—

(a) Parliament shall enact appropriate laws to ensu re that functions, powers, responsibilities

and resources are at all times transferred from the Central Government to local government

units in a co-ordinated manner;

(b) Parliament shall by law provide for the taking of such measures as are necessary to

enhance the capacity of local government authoritie s to plan, initiate, co-ordinate; manage and

execute policies in respect of all matters affectin g the people within their areas, with a view to

ultimately achieving localization of those activiti es;

(c) there shall be established for each local gover nment unit a sound financial base with

adequate and reliable sources of revenue;

(d) as far as practicable, persons in the service o f local government shall be subject to the

effective control of local authorities;

(e) to ensure the accountability of local governmen t authorities, people in particular local

government areas shall, as far as practicable, be a fforded the opportunity to participate

effectively in their governance.

241. DISTRICTS OF LOCAL GOVERNMENT.

(1) For the purposes of local government, Ghana sha ll be deemed to have been divided into

the districts in existence immediately before the c oming into force of this Constitution.

(2) Parliament may by law make provision for the re drawing of the boundaries of districts or

for reconstituting the districts.

(3) Subject to this Constitution, a District Assemb ly shall be the highest political authority in

the district, and shall have deliberative, legislat ive and executive powers.

242. COMPOSITION OF DISTRICT ASSEMBLY.

A District Assembly shall consist of the following members—

(a) one person from each local government electoral area within the district elected by

universal adult suffrage;

(b) the member or members of Parliament from the co nstituencies that fall within the area of

authority of the District Assembly as members witho ut the right to vote;

(c) the District Chief Executive of the district; a nd

(d) other members not being more than thirty percen t of all the members of the District

Assembly, appointed by the President in consultatio n with the traditional authorities and other

interest groups in the district.

243. DISTRICT CHIEF EXECUTIVE.

(1) There shall be a District Chief Executive for e very district who shall be appointed by the

President with the prior approval of not less than two-thirds majority of members of the

Assembly present and voting at the meeting.

(2) The District Chief Executive shall—

(a) preside at meetings of the Executive Committee of the Assembly;

(b) be responsible for the day-to-day performance o f the executive and administrative

functions of the District Assembly; and

(c) be the chief representative of the Central Gove rnment in the district.

(3) The office of District Chief Executive shall be come vacant if—

(a) a vote of no confidence, supported by the votes of not less than two-thirds of all the

members of the District Assembly is passed against him; or

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

(c) he resigns or dies.

244. PRESIDING MEMBER.

(1) The District Assembly shall have a Presiding Me mber who shall be elected by the

Assembly from among its members.

(2) The Presiding Member shall be elected by at lea st two-thirds majority of all the members

of the Assembly.

(3) The Presiding Member shall—

(a) preside over the meetings of the Assembly;

(b) perform such other functions as may be prescrib ed by law.

(4) Subject to clause (5) of this article, the term of office of the Presiding Member shall be

two years and he shall be eligible for re-election.

(5) The Presiding Member shall cease to hold office whenever the Assembly by a majority of

at least two-thirds of all the members of the Assem bly vote to remove him from office.

245. FUNCTIONS OF DISTRICT ASSEMBLIES.

Parliament shall, by law, prescribe the functions o f District Assemblies which shall include—

(a) the formulation and execution of plans, program mes and strategies for the effective

mobilization of the resources necessary for the ove rall development of the district;

(b) the levying and collection of taxes, rates, dut ies and fees.

246. TERM OF DISTRICT ASSEMBLY.

(1) Elections to the District Assemblies shall be h eld every four years except that such

elections and elections to Parliament shall be held at least six months apart.

(2) Unless he resigns or dies or he earlier ceases to hold office under clause (3) of article 243

of this Constitution, the term of office of the Dis trict Chief Executive shall be four years; and

a person shall not hold office as a District Chief Executive for more than two consecutive

terms.

247. QUALIFICATIONS AND PROCEDURES.

Subject to this Constitution, the qualifications fo r membership of a District Assembly, the

procedures of a District Assembly and other local g overnment units lower than a District

Assembly that may be created, shall be provided for by law.

248. POLITICAL PARTIES AND CANDIDATES FOR ELECTION TO LOCAL

GOVERNMENT UNITS.

(1) A candidate seeking election to a District Asse mbly or any lower local government unit

shall present himself to the electorate as an indiv idual, and shall not use any symbol

associated with any political party.

(2) A political party shall not endorse, sponsor, o ffer a platform to or in anyway campaign for

or against a candidate seeking election to a Distri ct Assembly or any lower local government

unit.

249. REVOCATION OF MANDATE BY ELECTORATE.

Subject to any procedure established by law, the ma ndate of a member of a District Assembly

may be revoked by the electorate or the appointing body.

250. EMOLUMENTS OF DISTRICT CHIEF EXECUTIVE AND PRE SIDING MEMBER.

(1) The emoluments of a District Chief Executive of a District Assembly shall be determined

by Parliament and shall be charged on the Consolida ted Fund.

(2) The emoluments of a Presiding Member of a Distr ict Assembly and other members of the

Assembly shall be determined by the District Assemb ly and paid out of the Assembly’s own

resources.

251. EXECUTIVE COMMITEE.

(1) There shall be established an Executive Committ ee of a District Assembly which shall be

responsible for the performance of the executive an d administrative functions of the District

Assembly.

(2) The composition of the Executive Committee and the procedure for its deliberations shall

be as provided for by law.

252. DISTRICT ASSEMBLIES COMMON FUND AND GRANTS-IN- AID.

(1) There shall be a fund to be known as the Distri ct Assemblies Common Fund.

(2) Subject to the provisions of this Constitution, Parliament shall annually make provision

for the allocation of not less than five percent of the total revenues of Ghana to the District

Assemblies for development; and the amount shall be paid into the District Assemblies

Common Fund in quarterly instalments.

(3) The moneys accruing to the District Assemblies in the Common Fund shall be distributed

among all the District Assemblies on the basis of a formula approved by Parliament.

(4) There shall be appointed by the President with the approval of Parliament, a District

Assemblies Common Fund Administrator.

(5) Parliament shall by law prescribe the functions and tenure of office of the Administrator in

such a manner as will ensure the effective and equi table administration of the District

Assemblies Common Fund.

(6) Nothing in this Chapter or any other law shall be taken to prohibit the State or other bodies

from making grants-in-aid to any District Assembly.

253. AUDIT.

The Auditor-General shall audit the accounts of the District Assemblies annually and shall

submit his reports on the audit to Parliament.

254. FURTHER DECENTRALIZATION.

Parliament shall enact laws and take steps necessar y for further decentralization of the

administrative functions and projects of the Centra l Government but shall not exercise any

control over the District Assemblies that is incomp atible with their decentralized status, or

otherwise contrary to law.

255. REGIONAL CO-ORDINATING COUNCILS.

(1) There shall be established a Regional Co-ordina ting Council in each region, which shall

consist of—

(a) the Regional Minister and his deputy or deputie s;

(b) the Presiding Member and the District Chief Exe cutive from each district in the Region;

(c) two chiefs from the Regional House of Chiefs; a nd

(d) the Regional Heads of the decentralized ministr ies in the region as members without the

right to vote;

(2) The Regional Minister shall be the Chairman of the Regional Co-ordinating Council.

(3) Subject to this Chapter, the functions of a Reg ional Co-ordinating Council shall be as

prescribed by Act of Parliament.

256. REGIONAL MINISTERS AND DEPUTY REGIONAL MINISTE RS.

(1) The President shall, with the prior approval of Parliament, appoint for each region, a

Minister of State who shall—

(a) represent the President in the region; and

(b) be responsible for the co-ordination and direct ion of the administrative machinery in the

region.

(2) The President may, in consultation with the Min ister of State for a region and with the

prior approval of Parliament, appoint for the regio n a Deputy Minister or Deputy Ministers to

perform such functions as the President may determi ne.

MISCELLANEOUS

293. CLAIMS AGAINST GOVERNMENT.

(1) Where a person has a claim against the Governme nt, that claim may be enforced as of

right by proceedings taken against the Government f or that purpose without the grant of a fiat

or the use of the process known as petition of righ t.

(2) The Government shall be subject to all those li abilities in tort to which, if it were a private

person of full age and capacity, it would be subjec t—

(a) in respect of torts committed by its employees or agents;

(b) in respect of a breach of duties which a person owes to his employees or agents at

common law or under any other law by reason of bein g their employer; and

(c) in respect of a breach of the duties at common law or under any other law attached to the

ownership, occupation, possession or control of pro perty.

(3) No proceedings shall lie against the Government by virtue of paragraph (a) of clause (2) of

this article in respect of an act or omission of an employee or agent of the Government unless

the act or omission would, apart from this article, have given rise to a cause of action in tort

against that employee or his estate.

(4) Where the Government is bound by a statutory du ty which is binding also upon persons

other than the Government and its officers, the Gov ernment shall, in respect of a failure to

comply with that duty, be subject to all liabilitie s in tort to which it would be so subject if the

Government were a private person of full age and ca pacity.

(5) Where functions are conferred or imposed on an officer of the Government as such officer

either by a rule of the common law or by statute an d that officer commits tort while

performing or purporting to perform those functions , the liabilities of the Government in

respect of the tort shall be what they would have b een if the functions had been conferred or

imposed solely by virtue of instructions lawfully g iven by the Government.

(6) No proceedings shall lie against the Government by virtue of this article in respect of—

(a) anything done or omitted to be done by any pers on while discharging or purporting to

discharge responsibilities of a judicial nature ves ted in him; or

(b) any act, neglect or default of an officer of th e Government unless that officer—

(i) has been directly or indirectly appointed by th e Government and was, at the material time,

paid in respect of his duties as an officer of the Government wholly out of public funds or out

of moneys provided by Parliament; or

(ii) was, at the material time, holding an office i n respect of which the Public Services

Commission certifies that the holder of that office would normally be so paid.

(7) Where the Government is subject to a liability by virtue of this article, the law relating to

indemnity and contribution shall be enforceable—

(a) against the Government by an employee of the Go vernment who is acting in the proper

execution of his duties in respect of the liability or by any other person in respect of the

liability to which that person is subject; or

(b) by the Government against any person other than an employee of the Government, in

respect of the liability to which it is so subject,

as if the Government were a private person of full age and capacity.

294. LEGAL AID.

(1) For the purposes of enforcing any provision of this Constitution, a person is entitled to

legal aid in connection with any proceedings relati ng to this Constitution if he has reasonable

grounds for taking, defending, prosecuting or being a party to the proceedings.

(2) Subject to clause (1) of this article, Parliame nt shall, by or under an Act of Parliament,

regulate the grant of legal aid.

(3) Without prejudice to clause (2) of this article , Parliament may, under that clause provide

for the granting of legal aid in such matters other than those referred to in clause (1) of this

article as may be prescribed by or under that Act.

(4) For the purposes of this article, legal aid sha ll consist of representation by a lawyer,

including all such assistance as is given by a lawy er, in the steps preliminary or incidental to

any proceedings or arriving at or giving effect to a compromise to avoid or to bring to an end

any proceedings.

295. INTERPRETATION

(1) In this Constitution, unless the context otherw ise requires—

“Act of Parliament” means an Act enacted by Parliam ent and includes an Ordinance;

“article” means an article of this Constitution;

“chief” has the meaning assigned to it in article 2 77 of this Constitution;

“Civil Service” includes service in both central an d local governments;

“commission of inquiry” includes a committee of inq uiry;

“constitutional instrument” means an instrument mad e under a power conferred by this

Constitution;

“court” means a court of competent jurisdiction est ablished by or under the authority of this

Constitution and includes a tribunal;

“Decree” includes a Decree made by the National Lib eration Council, the National

Redemption Council, the Supreme Military Council or the Armed Forces Revolutionary

Council or under its authority and any statutory in strument made under the authority of any

such Decree;

“District Assembly” includes a Metropolitan and a M unicipal Assembly;

“enactment” means an Act of Parliament, a Decree, a Law or a constitutional instrument or a

statutory instrument or any provision of an Act of Parliament, a Decree, a Law or of a

constitutional or of a statutory instrument;

“entrenched provision” has the meaning assigned to it in article 290 of this Constitution;

“functions” includes powers and duties;

“government” means any authority by which the execu tive authority of Ghana is duly

exercised;

“high crime” means high crime within the meaning of article 2 of this Constitution;

“high treason” means high treason within the meanin g of article 3 of this Constitution;

“judgment” includes a decision, an order or decree of the court;

“meeting” includes a period during which Parliament is meeting continually within a session;

“Minister” means a Minister appointed under article 78 or 256 of this Constitution;

“oath” includes an affirmation;

“oath of allegiance” means the oath of allegiance s pecified in the Second Schedule to this

Constitution;

“paramount chief” means a person who has been nomin ated elected and installed as a

paramount chief in accordance with customary law an d usage;

“public corporation” means a corporation or any oth er body of persons established by an Act

of Parliament or set up out of funds provided by Pa rliament or other public funds;

“public interest” includes any right or advantage w hich enures or is intended to enure to the

benefit generally of the whole of the people of Gha na;

“public office” includes an office the emoluments a ttached to which are paid directly from the

Consolidated Fund or directly out of moneys provide d by Parliament and an office in a public

corporation established entirely out of public fund s or moneys provided by Parliament;

“public service” includes service in any civil offi ce of Government, the emoluments attached

to which are paid directly from the Consolidated Fu nd or directly out of moneys provided by

Parliament and service with a public corporation;

“retiring awards” includes pension and gratuity;

“Rules of Court Committee” means the Rules of Court Committee established by article 157

of this Constitution;

“Service Chiefs” includes Army Chief of Staff, Chie f of Naval Staff and Chief of Air Staff;

“session” means a series of meetings of Parliament within a period of twelve months;

“sitting” includes a period during which Parliament is sitting continuously without

adjournment and a period during which it is in comm ittee;

“statutory instrument” means an instrument made, wh ether directly or indirectly, under a

power conferred by an Act of Parliament or a Decree or a Law;

“stool” includes a skin, and the person or body of persons having control over skin land;

“stool land” includes any land or interest in, or r ight over, any land controlled by a stool or

skin, the head of a particular community or the cap tain of a company, for the benefit of the

subjects of that Stool or the members of that commu nity or company; and

“treason” means treason as defined in article 19 of this Constitution.

(2) In this Constitution and in any other law—

(a) a reference to the holder of an office by the t erm designating his office, shall, unless the

context otherwise requires, be construed as includi ng a reference to a person for the time

being lawfully acting in or performing the function s of that office;

(b) references to the power to remove a public offi cer from his office shall be construed,

subject to clause (4) of this article, as including references to a power conferred by any law to

require or permit that officer to retire from the p ublic service.

(3) Nothing in paragraph (b) of clause (2) of this article shall be construed as conferring on

any person or authority power to require a Justice of the Superior Court of Judicature or the

Auditor-General to retire from the public service.

(4) A power conferred by a law to permit a person t o retire from the public service shall, in

the case of a public officer who may be removed fro m office by some person or authority,

other than a commission established by this Constit ution, vest in the President acting in

accordance with the advice of the appropriate autho rity.

(5) For the purposes of this Constitution and any o ther law, a person shall not be considered

as holding a public office by reason only of the fa ct that he is in receipt of a pension or other

similar allowance in respect of service under the G overnment of Ghana.

(6) A provision in this Constitution that vests in a person or authority power to remove a

public officer from his office, shall be without pr ejudice to the power of any person or

authority to abolish an office or to a law for comp ulsory retirement of public officers

generally or any class of public officers on attain ing the age specified in the law.

(7) Where power is vested by this Constitution in a ny person or authority to appoint a person

to act in or perform the functions of an office if the holder of the office is unable to perform

those functions, the appointment shall not be calle d in question on the ground that the holder

of the office could have performed those functions.

(8) No provision of this Constitution or of any oth er law to the effect that a person or

authority shall not be subject to the direction or control of any other person or authority in the

performance of any functions under this Constitutio n or that law, shall preclude a court from

exercising jurisdiction in relation to any question whether that person or authority has

performed those functions in accordance with this C onstitution or the law.

(9) In this Constitution references to the alterati on of any of the provisions of this Constitution

or of an Act of Parliament include references to th e amendment, modification, re-enactment

with amendment or modification, the suspension or r epeal of that provision and the making of

a different provision in place of that provision.

296. EXERCISE OF DISCRETIONARY POWER.

Where in this Constitution or in any other law disc retionary power is vested in any person or

authority—

(a) that discretionary power shall be deemed to imp ly a duty to be fair and candid;

(b) the exercise of the discretionary power shall n ot be arbitrary, capricious or biased either by

resentment, prejudice or personal dislike and shall be in accordance with due process of law;

and

(c) where the person or authority is not a judge or other judicial officer, there shall be

published by constitutional instrument or statutory instrument, regulations that are not

inconsistent with the provisions of this Constituti on or that other law to govern the exercise of

the discretionary power.

297. IMPLIED POWER, ETC..

In this Constitution and in any other law—

(a) the power to appoint a person to hold or to act in an office in the public service shall

include the power to confirm appointments, to exerc ise disciplinary control over persons

holding or acting in any such office and to remove the persons from office;

(b) where a power is conferred or a duty is imposed , the power may be exercised and the duty

shall be performed, from time to time, as occasion requires;

(c) where a power is given to a person or authority to do or enforce the doing of an act or a

thing, all such powers shall be deemed to be also g iven as are necessary to enable that person

or authority to do or enforce the doing of the act of thing;

(d) where a power is conferred to make any constitu tional or statutory instrument, regulation

or rule or pass any resolution or give any directio n, 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 resoluti on or direction as the case may be;

(e) words importing male persons include female per sons and corporations.

(f) words in the singular include the plural, and w ords 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, i nclude his successors in office and all his

deputies and all other assistants;

(i) words directing or empowering a Minister of Sta te to do an act or a thing, or otherwise

applying to him by the designation of his office, i nclude a person acting for him, or if the

office is vacant, a person designated to act in tha t office by or under the authority of an Act of

Parliament and also his successors in office and al l his deputies or other assistants;

(j) where a power is conferred or a duty is imposed on the holder of an office as such, the

power may be exercised and the duty shall be perfor med by the person for the time being

charged with the performance of the functions of th at office.

298. RESIDUAL POWERS OF PARLIAMENT.

Subject to the provisions of Chapter 25 of this Con stitution, where on any matter, whether

arising out of this Constitution or otherwise, ther e is no provision, express or by necessary

implication of this Constitution which deals with t he matter, that has arisen, Parliament shall,

by an Act of Parliament, not being inconsistent wit h any provision of this Constitution,

provide for that matter to be dealt with.

299. TRANSITIONAL PROVISIONS.

The transitional provisions specified in the First Schedule to this Constitution shall have effect

notwithstanding anything to the contrary in this Co nstitution.

FIRST SCHEDULE

TRANSITIONAL PROVISIONS

PART I

FIRST PRESIDENT

1. FIRST PRESIDENT.

(1) Notwithstanding anything in this Constitution, the person duly elected President of Ghana

under the law in force immediately before the comin g into force of this Constitution shall be

taken to have been duly elected for the purposes of this Constitution.

(2) The President referred to in subsection (1) of this section shall assume office as President

on the date of the coming into force of this Consti tution notwithstanding anything in this

Constitution.

PART II

FIRST PARLIAMENT

2. FIRST PARLIAMENT.

(1) Notwithstanding anything in this Constitution, the persons duly elected as members of

Parliament under the law in force immediately befor e the coming into force of this

Constitution, shall be taken to have been duly elec ted members of Parliament for the purposes

of this Constitution.

(2) The person who was Clerk of the Consultative As sembly or such other public officer as

the Provisional National Defence Council may design ate, shall, notwithstanding anything to

the contrary in this Constitution, act as Clerk to Parliament until a Clerk is appointed under

(3) The person who was Clerk of the Consultative As sembly established under the

Consultative Assembly Law 1991 (PNDCL. 253) or othe r person designated under subsection

(2) of this section shall, not later than seven day s after the coming into force of this

Constitution, summon a meeting of Parliament for th e election of the Speaker, the taking of

oaths by members of Parliament, the swearing in of the President and the approval of

Ministers of State and Deputy Ministers for appoint ment under this Constitution.

(4) For the avoidance of doubt, any notice given be fore the coming into force of this

Constitution summoning Parliament to meet for the p urposes of subsection (3) of this section,

shall be deemed to be a valid notice for all purpos es.

(5) The Standing Orders of the Parliament under the Constitution of the Republic of Ghana,

1979 shall apply to the proceedings of Parliament u ntil Parliament otherwise determines

under article 110 of this Constitution.

PART III

THE JUDICIARY

3. FUNCTIONS OF SUPERIOR COURTS OF JUDICATURE.

(1) The Supreme Court, the Court of Appeal and the High Court in existence immediately

before the coming into force of this Constitution s hall be deemed to have been established

under this Constitution and shall perform the funct ions of the Supreme Court, the Court of

Appeal and the High Court specified respectively in Chapter 11 of this Constitution.

(2) All proceedings pending before any court referr ed to in subsection (1) of this section

immediately before the coming into force of this Co nstitution may be proceeded with and

completed in that Court notwithstanding anything in this Constitution.

4. CONTINUANCE OF APPOINTMENTS OF JUSTICES OF THE S UPERIOR

COURTS.

(1) A Justice of the Supreme Court, the Court of Ap peal or the High Court holding office

immediately before the coming into force of this Co nstitution, shall continue to hold office as

if appointed to that office under this Constitution .

(2) Any person to whom this section applies shall, on the coming into force of this

Constitution, take and subscribe the oath of allegi ance and the judicial oath set out in the

Second Schedule to this Constitution.

5. CONTINUANCE IN EXISTENCE OF PUBLIC TRIBUNALS BOA RD FOR SIX

MONTHS.

The Public Tribunals Board shall cease to exist wit hin six months after the coming into force

of this Constitution and its functions, assets and liabilities are transferred to the Judicial

Council.

6. PARLIAMENT TO PRESCRIBE JURISDICTION OF REGIONAL TRIBUNALS

AND ESTABLISH LOWER COURTS AND TRIBUNALS.

Parliament shall, within six months after the comin g into force of this Constitution—

(a) prescribe by law the jurisdiction of Regional T ribunals for the purposes of article 143 of

this Constitution; and

(b) establish lower courts or tribunals for the pur poses of article 126 of this Constitution.

7. EXISTING PUBLIC TRIBUNALS AND OTHER COURTS.

(1) All cases partly heard before any of the follow ing Public Tribunals immediately before the

coming into force of this Constitution, may be cont inued and completed before that public

tribunal—

(a) the National Public Tribunal;

(b) Regional Public Tribunals;

(c) District Public Tribunals; and

(d) Community Public Tribunals.

(2) All cases partly heard before any Circuit Court , District Court Grade I or District Court

Grade II immediately before the coming into force o f this Constitution may be continued and

completed before that Court.

(3) The National Public Tribunal shall cease to exi st upon completion of the partly heard

cases referred to in subsection (1) of this section , or within six months after the coming into

force of this Constitution, whichever is earlier.

(4) All cases other than those referred to in subse ction (1) of this section pending before the

National Public Tribunal immediately before the com ing into force of this Constitution, shall

be transferred to such court or tribunal as the Chi ef Justice may direct.

(5) Any person employed with any Public Tribunal im mediately before the coming into force

of this Constitution and who is qualified and suita ble for appointment to any office or position

in the Judicial Service, may be so appointed if rec ommended to be appointed by the Judicial

Council.

PART IV

MISCELLANEOUS

8. EXISTING OFFICES.

(1) A person who immediately before the coming into force of this Constitution held or was

acting in an office in existence immediately before the coming into force of this Constitution,

shall be deemed to have been appointed as far as is consistent with the provisions of this

Constitution, to hold or act in the equivalent offi ce under this Constitution.

(2) A person who before the coming into force of th is Constitution would have been required

under the law in force to vacate his office at the expiration of a period of service shall,

notwithstanding the provisions of subsection (1) of this section, vacate his office at the

expiration of that period.

(3) This section shall be without prejudice to any powers conferred by or under this

Constitution or any other law not being inconsisten t with any provision of this Constitution,

upon any person or authority to make provision for the abolition of office, for the removal

from office of persons holding or acting in any off ice and for requiring those persons to retire

from office.

(4) In determining, for the purposes of any law rel ating to retiring benefits or otherwise to

length of service, the length of service of a publi c officer to whom the provisions of

subsections (1) and (2) of this section apply, serv ice as a public officer under the Government

which terminates immediately before the coming into force of this Constitution shall be

deemed to be continuous with service as a public of ficer which begins immediately at such

coming into force.

(5) A person to whom the provisions of this section apply shall, immediately on the coming

into force of this Constitution or at any convenien t time thereafter, take and subscribe the

oath, if any, required for that office by law.

(6) A person who was entitled to retire on his sala ry immediately before the coming into force

of this Constitution shall have the same terms and conditions of service relating to retiring

awards as he enjoyed immediately before the coming into force of this Constitution; and

accordingly, nothing in this Constitution or in thi s Schedule shall adversely affect the

conditions of service of any such person.

(7) The terms and conditions of service of a person to whom subsection (1) of this section

applies shall not be less favourable than those app licable to him immediately before the

coming into force of this Constitution.

9. CERTAIN APPOINTMENTS TO BE MADE WITHIN SIX MONTH S AFTER

PRESIDENT ASSUMES OFFICE.

The first appointments to the following offices sha ll be made within six months after the

assumption of office of the President—

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

(b) the District Assemblies Common Fund Administrat or;

(c) the Chairman, the Deputy Chairmen and Members o f the Electoral Commission;

(d) the Chairmen and other members of—

(i) the National Council for Higher Education howso ever described;

(ii) the National Media Commission; and

(iii) the National Commission for Civic Education.

10. PUBLIC CORPORATIONS.

Until Parliament enacts an Act of Parliament in acc ordance with article 192 of this

Constitution for the establishment or operation of a public corporation, a public corporation in

existence immediately before the coming into force of this Constitution shall continue its

operations under the enactment under which it was e stablished.

11. OFFICE OF OMBUDSMAN.

The office of the Ombudsman in existence immediatel y before the coming into force of this

Constitution shall, until the President appoints th e Commissioner for Human Rights and

Administrative Justice and his Deputies, and provis ion is otherwise made, continue as if it

forms part of the Office of the Commission for Huma n Rights and Administrative Justice.

12. CASES PENDING BEFORE ORC, NIC AND SHAPIC.

Notwithstanding anything in this Constitution to th e contrary, all cases pending before the

Office of Revenue Commissioners established under t he Revenue Commissioners Law, 1984

(PNDCL 80), the National Investigations Committee e stablished under the National

Investigations Committee Law, 1982 (PNDCL.2) and th e State Houses (Allocation Policy and

Implementation) Commission established under the St ate Houses (Allocation Policy and

Implementation) Commission Law, 1984 (PNDCL 83) in existence immediately before the

coming into force of this Constitution may be proce eded with and completed by that

Commission or Committee, until the submission of it s report or until it is otherwise dissolved

in accordance with law.

13. AGE FOR SOCIAL SECURITY PENSION.

Notwithstanding article 199 of this Constitution, a person is not entitled to receive pension

under the Social Security Scheme under the Social S ecurity Law, 1991 (PNDCL 247) before

attaining the age of fifty-five years unless Parlia ment by law otherwise determines.

14. EXISTING COMMISSIONS AND COMMITTEES OF INQUIRY.

(1) Notwithstanding anything in this Constitution t o the contrary any commission or

committee of inquiry in existence immediately befor e the coming into force of this

Constitution, may continue in existence until the s ubmission of its report or until it is

otherwise dissolved in accordance with law.

(2) For the avoidance of doubt, the report and find ings of a commission or committee of

inquiry established before the coming into force of this Constitution under any enactment

shall have the same effect as the report or finding s of a commission of inquiry established

under this Constitution.

15. PENDING MATTERS.

Where any matter or thing has been commenced before the coming into force of this

Constitution by a person or authority that has powe r for the purpose under the existing law,

that matter or thing may be carried on and complete d by the person or authority having power

for the purpose after the coming into force of this Constitution; and it shall not be necessary

for the person or authority to commence the matter or thing afresh.

16. OFFICIAL SEALS, ETC.

The Presidential seal, the Public seal, the seals o f the Superior Courts as well as any

prescribed forms in use under any enactment in forc e immediately before the coming into

force of this Constitution shall continue to be use d until provision is otherwise made for them.

17. PREROGATIVE OF MERCY.

The prerogative of mercy of the President under art icle 72 of this Constitution may be

exercised in respect of any criminal offence commit ted before the coming into force of this

Constitution as it may in respect of a criminal off ence committed thereafter.

18. CONSOLIDATED FUND AND CONTINGENCY FUND TO CONTI NUE.

(1) The Consolidated Fund and the Contingency Fund in existence immediately before the

coming into force of this Constitution, shall, unti l otherwise provided by law, continue in

existence as the Consolidated Fund and the Continge ncy Fund referred to in article 175 of this

Constitution.

(2) Subject to this Constitution, every payment req uired or authorised to be made into a public

fund or out of a public fund under any enactment in force immediately before the coming into

force of this Constitution shall continue to be mad e into or out of that fund.

19. ESTIMATES FOR CURRENT FINANCIAL YEAR TO CONTINU E TO HAVE

EFFECT.

Notwithstanding any law to the contrary, the financ ial estimates in operation for the financial

year in being at the coming into force of this Cons titution shall, until provision is otherwise

made by Act of Parliament, continue and shall have full effect.

20. PAYMENT AND SAVING OF RIGHTS UNDER FORMER CONST ITUTIONS

AND LAWS.

All compensations, pensions, gratuities and similar allowances granted in accordance with the

provisions of any Constitution or any other law for merly in force in Ghana and which were

payable immediately before the coming into force of this Constitution, shall, notwithstanding

the abrogation or repeal of any such Constitution o r law, as the case may be, continue to be

payable and are charged on the Consolidated Fund.

21. ENACTMENTS NOT YET IN FORCE.

Where immediately before the coming into force of t his Constitution any existing enactment

had not been brought into force or was to come into force on a date subsequent to such

coming into force, the enactment may be brought int o force in accordance with its terms, or

shall come into force upon such subsequent date, as the case may be.

22. REGISTER OF VOTERS AND ELECTORAL COMMISSION.

(1) The register of voters for public elections and referenda in existence immediately before

the coming into force of this Constitution shall, o n the coming into force of this Constitution,

have effect as if it was compiled under this Consti tution.

(2) Subject to this Constitution, the Interim Natio nal Electoral Commission in existence

immediately before the coming into force of this Co nstitution shall, on the coming into force

of this Constitution and until the President appoin ts the members of the Electoral Commission

under section 9 of this Schedule, exercise the func tions and powers provided for the Electoral

Commission in this Constitution.

23. DISTRICT ASSEMBLIES, ETC. CONTINUED IN EXISTENC E SUBJECT TO

CONSTITUTION.

(1) Until Parliament otherwise provides by law, exi sting laws regulating the operation of

District Assemblies and other local authorities sha ll continue to regulate their operations.

(2) Until Parliament establishes the District Assem blies Common Fund in accordance with

Assemblies shall continue to be collected exclusive ly for District Assemblies under the

enactments under which they were collected.

24. HOUSES OF CHIEFS, ETC.

The National House of Chiefs, the Regional Houses o f Chiefs, the traditional councils and all

Judicial Committees of those bodies in existence im mediately before the coming into force of

this Constitution shall, on the coming into force o f this Constitution, continue in existence

subject to this Constitution.

25. CONSEQUENTIAL AMENDMENTS TO OATHS DECREE, 1972 (NRCD 6).

The Oaths Decree, 1972 (NRCD 6), as amended, shall have effect subject to the provisions of

this Constitution.

26. GENERAL ADAPTATION OF EXISTING ENACTMENTS.

Except where the context otherwise requires and sub ject to the other provisions of this Part, in

all enactments in existence immediately before the coming into force of this Constitution—

(a) for any reference to the Provisional National D efence Council there shall be substituted a

reference to the Cabinet;

(b) for any reference to the Secretary to the Provi sional National Defence Council where the

reference relates to the functions normally perform ed by the Secretary to the Cabinet the

reference shall be a reference to the Secretary to the Cabinet,

(c) any reference to the Secretary to the Committee of Secretaries shall be a reference to the

Head of the Civil Service;

(d) for any reference to a Secretary, being an indi vidual of ministerial rank, there shall be

substituted a reference to a Minister;

(e) for any reference to a Member of the Provisiona l National Defence Council responsible

for any subject or department of State there shall be substituted a reference to the Minister

responsible for that subject or department of State .

27. CHIEF OF DEFENCE STAFF TO INCLUDE GENERAL OFFIC ER

COMMANDING.

In this Constitution, any reference to the Chief of Defence Staff shall be deemed to include

any person who holds or held the office of General Officer Commanding.

28. REFERENCE TO GOVERNMENT IN ENACTMENTS.

(1) A reference to the Government in an enactment i n existence immediately before the

coming into force of this Constitution, where the r eference relates to a legislative function

normally performed by Parliament or a National Asse mbly shall be construed as a reference

to Parliament.

(2) A reference to the Government in an enactment i n existence immediately before the

coming into force of this Constitution, where the r eference relates to an executive function of

the Government, shall be construed as a reference t o the President.

29. REFERENCES TO PROVISIONAL NATIONAL DEFENCE COUN CIL IN

ENACTMENTS.

(1) A reference to the Provisional National Defence Council in any enactment in existence

immediately before the coming into force of this Co nstitution, where the reference was

originally a reference to the President shall, be c onstrued as a reference to the President.

(2) A reference to the Provisional National Defence Council in any enactment in existence

immediately before the coming into force of this Co nstitution, where the reference relates to a

legislative function normally performed by Parliame nt or a National Assembly shall be

construed as a reference to Parliament.

(3) A reference to the Provisional National Defence Council in any enactment in existence

immediately before the coming into force of this Co nstitution, where the reference relates to

an executive function of the Council shall be const rued 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 Co nstitution, where the reference relates to

the making of a statutory instrument, shall be cons trued as a reference to the President or to

any Minister or authority designated by the Preside nt.

30. MODIFICATIONS OF EXISTING LAWS BY THE PRESIDENT .

The First President under this Constitution may, at any time within twelve months after

assuming office as President, by constitutional ins trument, make such provision as may

appear necessary for repealing, modifying, adding t o or adapting any law for bringing it into

accord with the provisions of this Constitution or otherwise for giving effect to this

Constitution.

31. CONTINUATION OF EFFECT OF MATTERS PRESCRIBED BY EXISTING

LAW.

(1) Where any matter that falls to be prescribed or otherwise provided for under this

Constitution by Parliament or by any other authorit y or person, is prescribed or provided for

by or under any existing law or is otherwise lawful ly prescribed or provided for immediately

before the coming into force of this Constitution, that prescription or provision shall, as from

the coming into force of this Constitution, have ef fect with such modifications, adaptations,

qualifications and exceptions as may be necessary t o bring it into conformity with this

Constitution as if made under this Constitution by Parliament or, as the case may be, by the

other authority or person.

(2) For the avoidance of doubt, and without prejudi ce to the general effect of subsection (1) of

this section, where anything is required or authori sed by this Constitution to be prescribed or

provided for by or under an Act of Parliament, it s hall be deemed to be duly prescribed or

provided for, if it has been prescribed or provided for by or under an Act, Decree, or a Law in

force immediately before the coming into force of t his Constitution.

32. SUCCESSION TO PROPERTY.

(1) Subject to the provisions of articles 257 and 2 58 of this Constitution, all properties and

assets which immediately before the coming into for ce of this Constitution were vested in any

authority or person for the purposes of, or in righ t of, the Government of Ghana or in the

Government of Ghana, shall, on the coming into forc e of this Constitution, without further

assurance than this section, vest in the President.

(2) Any property which was liable, immediately befo re the coming into force of this

Constitution, to estreat or to be forfeited to the Government of Ghana shall be liable to estreat

or to be forfeited to the Government of Ghana under this Constitution.

(3) Where immediately before the coming into force of this Constitution any person held any

property or asset in trust—

(a) for the President of Ghana under the Constituti on that was abrogated on 31st December,

1981; or

(b) for the Provisional National Defence Council or the Government of Ghana;

for the purposes of, or in right of, the Government of Ghana, that person shall, on the coming

into force of this Constitution, hold the property or asset subject to the provisions of articles

257 and 258 of this Constitution, on the same trust for the Government of Ghana established

under this Constitution.

(4) In this section, references to property and ass ets vested in or held in trust shall include

property and assets vested in or held in trust imme diately before the 31st day of December

1981, for an interest which extended beyond the 30t h day of December, 1981 and has not

been surrendered.

33. DEVOLUTION OF OTHER RIGHTS AND LIABILITIES.

Subject to section 32 of this Schedule—

(a) where under an existing law, a right, prerogati ve, power, privilege or function is vested in

the Provisional National Defence Council, that righ t, prerogative, power, privilege or function

shall, on the coming into force of this Constitutio n, vest in the President or such other person

or authority as is specified under this Constitutio n who, subject to the provisions of this

Constitution or any other law, may do all things ne cessary for its exercise or performance; and

(b) any right, power, privilege, obligation, liabil ity, duty or function vested in, or subsisting

against the Government of Ghana by or under an exis ting law shall continue to so vest or

subsist.

34. INDEMNITY.

(1) No member of the Provisional National Defence C ouncil, Provisional National Defence

Council Secretary, or other appointees of the Provi sional National Defence Council shall be

held liable either jointly or severally, for any ac t or omission during the administration of the

Provisional National Defence Council.

(2) It is not lawful for any court or tribunal to e ntertain any action or take any decision or

make any order or grant any remedy or relief in any proceedings instituted against the

Government of Ghana or any person acting under the authority of the Government of Ghana

whether before or after the coming into force of th is Constitution or against any person or

persons acting in concert or individually to assist or bring about the change in Government

which took place on the twenty-fourth day of Februa ry 1966, on the thirteenth day of January,

1972, on the fourth day of June 1979 and on the thi rty-first day of December 1981 in respect

of any act or omission relating to, or consequent u pon—

(a) the overthrow of the government in power before the formation of the National Liberation

Council, the National Redemption Council, the Supre me Military Council, the Armed Forces

Revolutionary Council and the Provisional National Defence Council; or

(b) the suspension or abrogation of the Constitutio ns of 1960, 1969 and 1979; or

(c) the establishment of the National Liberation Co uncil, the National Redemption Council,

the Supreme Military Council which took office on t he ninth day of October 1975, the

Supreme Military Council established on the fifth d ay of July 1978, the Armed Forces

Revolutionary Council, or the Provisional National Defence Council; or

(d) the establishment of this Constitution.

(3) For the avoidance of doubt, it is declared that no executive, legislative or judicial action

taken or purported to have been taken by the Provis ional National Defence Council or the

Armed Forces Revolutionary Council or a member of t he Provisional National Defence

Council or the Armed Forces Revolutionary Council o r by any person appointed by the

Provisional National Defence Council or the Armed F orces Revolutionary Council in the

name of either the Provisional National Defence Cou ncil or the Armed Forces Revolutionary

Council shall be questioned in any proceedings what soever and, accordingly, it shall not be

lawful for any court or other tribunal to make any order or grant any remedy or relief in

respect of any such act.

(4) The provisions of subsection (3) of this sectio n shall have effect notwithstanding that any

such action as is referred to in that subsection wa s not taken in accordance with any procedure

prescribed by law.

(5) It is not lawful for any court or tribunal to e ntertain an action instituted in respect of an act

or omission against a person acting or omitting to act, on the instructions or authority of the

Provisional National Defence Council or the Armed F orces Revolutionary Council or a

member of the Provisional National Defence Council or the Armed Forces Revolutionary

Council and alleged to be in contravention of any l aw, whether substantive or procedural, in

existence before or during the administration of th e Provisional National Defence Council or

the Armed Forces Revolutionary Council.

35. PRESERVATION OF CONFISCATION AND PENALTIES IMPO SED BY

A.F.R.C. AND P.N.D.C.

(1) Subject to subsection (2) of this section, any confiscation of any property and any other

penalties imposed by or under the authority of the Armed Forces Revolutionary Council and

the Provisional National Defence Council under any Decree or Law made by that Council,

shall not be reversed by any authority under this C onstitution.

(2) Where any property or part of any property of a person was confiscated on the basis of his

holding a public or political office or on any othe r basis, and it is established to the

satisfaction of the Commissioner for Human Rights a nd Administrative Justice that the

property or that part was acquired before he assume d the public or political office, or that it

was otherwise lawfully acquired, the property or th at part shall be returned to that person.

36. ABROGATION OF PNDC (ESTABLISHMENT) PROCLAMATION .

(1) Upon the coming into force of this Constitution , the Provisional National Defence Council

(Establishment) Proclamation 1981 and the Provision al National Defence Council

(Establishment) Proclamation (Supplementary and Con sequential Provisions) Law, 1982

(PNDCL 42) shall cease to have effect.

(2) Notwithstanding the abrogation of the Proclamat ion referred to in subsection (1) of this

section, any enactment or rule of law in force imme diately before the coming into force of this

Constitution shall, in so far as it is not inconsis tent with a provision of this Constitution,

continue in force as if enacted, issued, or made un der the authority of this Constitution.

37. SECTIONS NOT TO BE AMENDED.

Notwithstanding anything in Chapter 25 of this Cons titution, Parliament shall have no power

to amend this section or sections 34 and 35 of this Schedule.

SECOND SCHEDULE

FORMS OF OATH

THE OATH OF ALLEGIANCE

I, ___________________ do (in the name of the Almig hty God swear) (solemnly affirm) that

I will bear true faith and allegiance to the Republ ic of Ghana as by law established; that I will

uphold the sovereignty and integrity of Ghana; and that I will preserve, protect and defend the

Constitution of the Republic of Ghana. (So help me God).

To be sworn before the President, the Chief Justice or such other person as the President may

designate .

THE PRESIDENTIAL OATH

I, ___________________ having been elected to the h igh office of President of the Republic

of Ghana do (in the name of the Almighty God swear) (solemnly affirm) that I will be faithful

and true to the Republic of Ghana; that I will at a ll times preserve, protect and defend the

Constitution of the Republic of Ghana; and that I d edicate myself to the service and well-

being of the people of the Republic of Ghana and to do right to all manner of persons.

I further (solemnly swear) (solemnly affirm) that s hould I at any time break this oath of office

I shall submit myself to the laws of the Republic o f Ghana and suffer the penalty for it. (So

help me God).

To be administered by the Chief Justice before Parl iament .

THE OATH OF THE VICE-PRESIDENT

I, ___________________ having been elected to the o ffice of Vice-President of the Republic

of Ghana,

do (in the name of the Almighty God swear) (solemnl y affirm) that I will be faithful and 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 myself to the service and well-being of the people of

the Republic of Ghana and to do right to all manner of persons.

I further (solemnly swear) (solemnly affirm) that s hould I at any time break this oath of office,

I shall submit myself to the laws of the Republic o f Ghana and suffer the penalty for it. (So

help me God).

To be administered by the Chief Justice before Parl iament.

THE JUDICIAL OATH

I, ___________________ having been appointed (Chief Justice/a Justice of the Supreme

Court/a Justice of the Court of Appeal/a Justice of the High Court of Justice, etc.) do (in the

name of the Almighty God swear) (solemnly affirm) t hat I will bear true faith and allegiance

to the Republic of Ghana as by law established; tha t 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 without fear or favour, affection or ill- will; and that I will at all times uphold,

preserve, protect and defend the Constitution and l aws of the Republic of Ghana. (So help me

God).

To be sworn before the President, the Chief Justice or such other person as the Chief Justice

may designate .

THE OATH OF MEMBER OF COUNCIL OF STATE

I, ___________________ do (solemnly swear in the na me of the Almighty God) (solemnly

affirm) that I will faithfully and conscientiously perform my duties as a member of the

Council of State and uphold, preserve, protect and defend the Constitution of the Republic of

Ghana. (So help me God).

To be sworn before the President .

THE CABINET OATH

I, ___________________ having been appointed a memb er of the Cabinet do (in the name of

the Almighty God swear) (solemnly affirm) that I wi ll not directly or indirectly reveal such

matters as shall be debated in the Cabinet and comm itted to my secrecy; and that I will

uphold, preserve, protect and defend the Constituti on of the Republic of Ghana. (So help me

God).

To be sworn before the President .

THE OATH OF MINISTER OF STATE

I, ___________________ having been appointed Minist er of State (Deputy Minister) of the

Republic of Ghana, do (in the name of the Almighty God swear) (solemnly affirm) that I will

at all times well and truly serve the Republic of G hana in the office of Minister of State

(Deputy Minister); that I will uphold, preserve, pr otect and defend the Constitution of the

Republic of Ghana as by law established; that I wil l, to the best of my judgment, at all times

when required, freely give my counsel and advice fo r the good management of the public

affairs of the Republic of Ghana; and that I will n ot directly or indirectly reveal any matters

that shall come to my knowledge in the discharge of my duties and committed to my secrecy

as Minister of State (Deputy Minister). (So help me God).

To be sworn before the President

THE OATH OF SECRECY

I, ___________________ holding the office of ______ _____________ do (in the name of the

Almighty God swear) (solemnly affirm) that I will n ot directly or indirectly communicate or

reveal to any person any matter which shall be brou ght under my consideration or shall come

to my knowledge in the discharge of my official dut ies except as may be required for the

discharge of my official duties or as may be specia lly permitted by law. (So help me God).

To be sworn before the President, the Chief Justice or such other person as the President may

designate .

THE OFFICIAL OATH

I, ___________________ do (in the name of the Almig hty God swear) (solemnly affirm) that

I will at all times well and truly serve the Republ ic of Ghana in the office of

____________________ and that I will uphold, preser ve, protect and defend the Constitution

of the Republic of Ghana as by law established. (So help me God).

To be sworn before the President or such other pers on as the President may designate .

THE SPEAKER’S OATH

I, ___________________ do (in the name of the Almig hty God swear) (solemnly affirm) that

I will bear true faith and allegiance to the Republ ic of Ghana as by law established; that I will

uphold the integrity of the Republic of Ghana; that I will faithfully and conscientiously

discharge my duties as Speaker of Parliament; and t hat I will uphold, preserve, protect and

defend the Constitution of the Republic of Ghana; a nd that I will do right to all manner of

persons in accordance with the Constitution of Ghan a and the laws and conventions of

Parliament without fear or favour, affection or ill -will. (So help me God).

To be sworn before the Chief Justice .

THE OATH OF A MEMBER OF PARLIAMENT

I, ___________________ having been elected a member of Parliament do (in the name of the

Almighty God swear) (solemnly affirm) that I will b ear true faith and allegiance to the

Republic of Ghana as by law established; that I wil l uphold, preserve, protect and defend the

Constitution of the Republic of Ghana; and that I w ill faithfully and conscientiously discharge

the duties of a member of Parliament. (So help me G od).

To be sworn before the Speaker

THE OATH OF THE AUDITOR-GENERAL

I, ___________________ having been appointed Audito r-General of the Republic of Ghana

do (in the name of the Almighty God swear) (solemnl y affirm) that I will bear true faith and

allegiance to the Republic of Ghana; that I will up hold, preserve, protect and defend the

Constitution of the Republic of Ghana; and that I w ill truly and faithfully perform the

functions of my office without fear or favour, affe ction or ill-will. (So help me God).

To be sworn before the President, or such other per son as the President may designate .

Made this 8th day of May, 1992.

FLT. -LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Counci l

Date of Gazette notification: 15th May, 1992.

* This document has been amended by The Constitution of the Republic of Ghana

(Amendment) Act, 1996 , December 16, 1996. In each instance where the tex t has been altered

to integrate the amendment, the text has been [brac keted], highlighted, and linked (through

the endnote) to the amending article.

1 As amended by Section 1 , The Constitution of the Republic of Ghana (Amendm ent) Act,

1996.

2 As amended by Section 2 , The Constitution of the Republic of Ghana (Amendm ent) Act,

1996.

3 As amended by Section 3 , The Constitution of the Republic of Ghana (Amendm ent) Act,

1996.

4 As amended by Section 4 , The Constitution of the Republic of Ghana (Amendm ent) Act,

1996.

5 As amended by Section 5 , subsection (b) , The Constitution of the Republic of Ghana

(Amendment) Act, 1996.

6 As amended by Section 5 , subsection (a) , The Constitution of the Republic of Ghana

(Amendment) Act, 1996.

7 As amended by Section 5 , subsection (c) , The Constitution of the Republic of Ghana

(Amendment) Act, 1996.

8 As amended by Section 6 , The Constitution of the Republic of Ghana (Amendm ent) Act,

1996.

9 As amended by Section 7 , The Constitution of the Republic of Ghana (Amendm ent) Act,

1996.

10 As amended by Section 8 , The Constitution of the Republic of Ghana (Amendm ent) Act,

1996.

11 As amended by Section 9 , The Constitution of the Republic of Ghana (Amendm ent) Act,

1996.

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