# Article 124 of the Constitution of Ghana

- Jurisdiction: Ghana (GH)
- Article: 124
- Chapter (as indexed): Chapter TWENTY: SIX
- Source document: The ghana constitution
- Canonical (HTML): https://www.portablelaw.com/provision/164f74b4-6436-4f0d-844a-937d557a149e
- This document: https://www.portablelaw.com/provision/164f74b4-6436-4f0d-844a-937d557a149e/md
- Constitution: https://www.portablelaw.com/countries/5bb4aa04-bfb4-40e8-883e-d628fd15d66b

## Verbatim text

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(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
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## What this means (mechanical reading aid, not legal advice)

- The index files this text under article 124 of the Constitution of Ghana.
- The index files it under the chapter heading “Chapter TWENTY: SIX”.
- The passage runs to about 2,267 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions education — it concerns education, schooling or training (the words used: “Education”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “PENSION”).
- **Caveat:** The row’s stored title is a body fragment, not a heading (“of this Constitution.”), so it is not used as the provision’s title here.
- **Caveat:** The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
- **Caveat:** This index row contains 21 separately numbered sections, so it is a chapter-length passage rather than one provision. Cite the passage, and treat any single section number as unverified.

> This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.

## How to cite this

Constitution of Ghana, article 124, Portable Lawyer, https://www.portablelaw.com/provision/164f74b4-6436-4f0d-844a-937d557a149e (accessed 27 September 2026).

## Related

- [Constitution of Ghana](https://www.portablelaw.com/countries/5bb4aa04-bfb4-40e8-883e-d628fd15d66b)
- [Ghana on Portable Lawyer](https://www.portablelaw.com/countries/5bb4aa04-bfb4-40e8-883e-d628fd15d66b)
- [HTML version of this provision](https://www.portablelaw.com/provision/164f74b4-6436-4f0d-844a-937d557a149e)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 124 of the Constitution of Ghana (chapter: “Chapter TWENTY: SIX”). (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…