# Article 71 of the Constitution of Ghana

- Jurisdiction: Ghana (GH)
- Article: 71
- Chapter (as indexed): Chapter TWENTY: SIX
- Source document: The ghana constitution
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- This document: https://www.portablelaw.com/provision/66263b9c-cf78-4c91-a2b7-05e540880709/md
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## Verbatim text

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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.
````

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

- The index files this text under article 71 of the Constitution of Ghana.
- The index files it under the chapter heading “Chapter TWENTY: SIX”.
- The passage runs to about 5,805 words.
- Read plainly, it mentions arrest and detention — it deals with arrest or detention, and the conditions attached to holding a person (the words used: “custody”); it mentions privacy, search and seizure — it protects privacy or limits searching a person, their home or their communications (the words used: “Warrant”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Association”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “equal”); 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 62 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 71, Portable Lawyer, https://www.portablelaw.com/provision/66263b9c-cf78-4c91-a2b7-05e540880709 (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/66263b9c-cf78-4c91-a2b7-05e540880709)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · Article 71 of the Constitution of Ghana (chapter: “Chapter TWENTY: SIX”). 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…