# Article 115 of the Constitution of Ghana - Jurisdiction: Ghana (GH) - Article: 115 - Chapter (as indexed): Chapter TWENTY: SIX - Source document: The ghana constitution - Canonical (HTML): https://www.portablelaw.com/provision/70d6ee38-ca91-4a4c-bd52-daa9fca57bd5 - This document: https://www.portablelaw.com/provision/70d6ee38-ca91-4a4c-bd52-daa9fca57bd5/md - Constitution: https://www.portablelaw.com/countries/5bb4aa04-bfb4-40e8-883e-d628fd15d66b ## Verbatim text ```` 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 ```` ## What this means (mechanical reading aid, not legal advice) - The index files this text under article 115 of the Constitution of Ghana. - The index files it under the chapter heading “Chapter TWENTY: SIX”. - The passage runs to about 12,163 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: “ARREST”); 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 freedom of expression — it protects speaking, writing, publishing or holding an opinion (the words used: “opinion”); it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions equality and non-discrimination — it requires equal treatment or forbids discrimination (the words used: “discriminated”); it mentions education — it concerns education, schooling or training (the words used: “Education”). - **Caveat:** The row’s stored title is a body fragment, not a heading (“of this Constitution, civil or criminal proceedings shall not be instituted against a”), 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 78 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 115, Portable Lawyer, https://www.portablelaw.com/provision/70d6ee38-ca91-4a4c-bd52-daa9fca57bd5 (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/70d6ee38-ca91-4a4c-bd52-daa9fca57bd5) - [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt) --- Portable Lawyer · Article 115 of the Constitution of Ghana (chapter: “Chapter TWENTY: SIX”). 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…