Article 124 of the Constitution of Ghana

(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