Indexed passage in the Constitution of Ghana

MISCELLANEOUS 293. CLAIMS AGAINST GOVERNMENT. (1) Where a person has a claim against the Governme nt, that claim may be enforced as of right by proceedings taken against the Government f or that purpose without the grant of a fiat or the use of the process known as petition of righ t. (2) The Government shall be subject to all those li abilities in tort to which, if it were a private person of full age and capacity, it would be subjec t— (a) in respect of torts committed by its employees or agents; (b) in respect of a breach of duties which a person owes to his employees or agents at common law or under any other law by reason of bein g their employer; and (c) in respect of a breach of the duties at common law or under any other law attached to the ownership, occupation, possession or control of pro perty. (3) No proceedings shall lie against the Government by virtue of paragraph (a) of clause (2) of this article in respect of an act or omission of an employee or agent of the Government unless the act or omission would, apart from this article, have given rise to a cause of action in tort against that employee or his estate. (4) Where the Government is bound by a statutory du ty which is binding also upon persons other than the Government and its officers, the Gov ernment shall, in respect of a failure to comply with that duty, be subject to all liabilitie s in tort to which it would be so subject if the Government were a private person of full age and ca pacity. (5) Where functions are conferred or imposed on an officer of the Government as such officer either by a rule of the common law or by statute an d that officer commits tort while performing or purporting to perform those functions , the liabilities of the Government in respect of the tort shall be what they would have b een if the functions had been conferred or imposed solely by virtue of instructions lawfully g iven by the Government. (6) No proceedings shall lie against the Government by virtue of this article in respect of— (a) anything done or omitted to be done by any pers on while discharging or purporting to discharge responsibilities of a judicial nature ves ted in him; or (b) any act, neglect or default of an officer of th e Government unless that officer— (i) has been directly or indirectly appointed by th e Government and was, at the material time, paid in respect of his duties as an officer of the Government wholly out of public funds or out of moneys provided by Parliament; or (ii) was, at the material time, holding an office i n respect of which the Public Services Commission certifies that the holder of that office would normally be so paid. (7) Where the Government is subject to a liability by virtue of this article, the law relating to indemnity and contribution shall be enforceable— (a) against the Government by an employee of the Go vernment who is acting in the proper execution of his duties in respect of the liability or by any other person in respect of the liability to which that person is subject; or (b) by the Government against any person other than an employee of the Government, in respect of the liability to which it is so subject, as if the Government were a private person of full age and capacity. 294. LEGAL AID. (1) For the purposes of enforcing any provision of this Constitution, a person is entitled to legal aid in connection with any proceedings relati ng to this Constitution if he has reasonable grounds for taking, defending, prosecuting or being a party to the proceedings. (2) Subject to clause (1) of this article, Parliame nt shall, by or under an Act of Parliament, regulate the grant of legal aid. (3) Without prejudice to clause (2) of this article , Parliament may, under that clause provide for the granting of legal aid in such matters other than those referred to in clause (1) of this article as may be prescribed by or under that Act. (4) For the purposes of this article, legal aid sha ll consist of representation by a lawyer, including all such assistance as is given by a lawy er, in the steps preliminary or incidental to any proceedings or arriving at or giving effect to a compromise to avoid or to bring to an end any proceedings. 295. INTERPRETATION (1) In this Constitution, unless the context otherw ise requires— “Act of Parliament” means an Act enacted by Parliam ent and includes an Ordinance; “article” means an article of this Constitution; “chief” has the meaning assigned to it in article 2 77 of this Constitution; “Civil Service” includes service in both central an d local governments; “commission of inquiry” includes a committee of inq uiry; “constitutional instrument” means an instrument mad e under a power conferred by this Constitution; “court” means a court of competent jurisdiction est ablished by or under the authority of this Constitution and includes a tribunal; “Decree” includes a Decree made by the National Lib eration Council, the National Redemption Council, the Supreme Military Council or the Armed Forces Revolutionary Council or under its authority and any statutory in strument made under the authority of any such Decree; “District Assembly” includes a Metropolitan and a M unicipal Assembly; “enactment” means an Act of Parliament, a Decree, a Law or a constitutional instrument or a statutory instrument or any provision of an Act of Parliament, a Decree, a Law or of a constitutional or of a statutory instrument; “entrenched provision” has the meaning assigned to it in article 290 of this Constitution; “functions” includes powers and duties; “government” means any authority by which the execu tive authority of Ghana is duly exercised; “high crime” means high crime within the meaning of article 2 of this Constitution; “high treason” means high treason within the meanin g of article 3 of this Constitution; “judgment” includes a decision, an order or decree of the court; “meeting” includes a period during which Parliament is meeting continually within a session; “Minister” means a Minister appointed under article 78 or 256 of this Constitution; “oath” includes an affirmation; “oath of allegiance” means the oath of allegiance s pecified in the Second Schedule to this Constitution; “paramount chief” means a person who has been nomin ated elected and installed as a paramount chief in accordance with customary law an d usage; “public corporation” means a corporation or any oth er body of persons established by an Act of Parliament or set up out of funds provided by Pa rliament or other public funds; “public interest” includes any right or advantage w hich enures or is intended to enure to the benefit generally of the whole of the people of Gha na; “public office” includes an office the emoluments a ttached to which are paid directly from the Consolidated Fund or directly out of moneys provide d by Parliament and an office in a public corporation established entirely out of public fund s or moneys provided by Parliament; “public service” includes service in any civil offi ce of Government, the emoluments attached to which are paid directly from the Consolidated Fu nd or directly out of moneys provided by Parliament and service with a public corporation; “retiring awards” includes pension and gratuity; “Rules of Court Committee” means the Rules of Court Committee established by article 157 of this Constitution; “Service Chiefs” includes Army Chief of Staff, Chie f of Naval Staff and Chief of Air Staff; “session” means a series of meetings of Parliament within a period of twelve months; “sitting” includes a period during which Parliament is sitting continuously without adjournment and a period during which it is in comm ittee; “statutory instrument” means an instrument made, wh ether directly or indirectly, under a power conferred by an Act of Parliament or a Decree or a Law; “stool” includes a skin, and the person or body of persons having control over skin land; “stool land” includes any land or interest in, or r ight over, any land controlled by a stool or skin, the head of a particular community or the cap tain of a company, for the benefit of the subjects of that Stool or the members of that commu nity or company; and “treason” means treason as defined in article 19 of this Constitution. (2) In this Constitution and in any other law— (a) a reference to the holder of an office by the t erm designating his office, shall, unless the context otherwise requires, be construed as includi ng a reference to a person for the time being lawfully acting in or performing the function s of that office; (b) references to the power to remove a public offi cer from his office shall be construed, subject to clause (4) of this article, as including references to a power conferred by any law to require or permit that officer to retire from the p ublic service. (3) Nothing in paragraph (b) of clause (2) of this article shall be construed as conferring on any person or authority power to require a Justice of the Superior Court of Judicature or the Auditor-General to retire from the public service. (4) A power conferred by a law to permit a person t o retire from the public service shall, in the case of a public officer who may be removed fro m office by some person or authority, other than a commission established by this Constit ution, vest in the President acting in accordance with the advice of the appropriate autho rity. (5) For the purposes of this Constitution and any o ther law, a person shall not be considered as holding a public office by reason only of the fa ct that he is in receipt of a pension or other similar allowance in respect of service under the G overnment of Ghana. (6) A provision in this Constitution that vests in a person or authority power to remove a public officer from his office, shall be without pr ejudice to the power of any person or authority to abolish an office or to a law for comp ulsory retirement of public officers generally or any class of public officers on attain ing the age specified in the law. (7) Where power is vested by this Constitution in a ny person or authority to appoint a person to act in or perform the functions of an office if the holder of the office is unable to perform those functions, the appointment shall not be calle d in question on the ground that the holder of the office could have performed those functions. (8) No provision of this Constitution or of any oth er law to the effect that a person or authority shall not be subject to the direction or control of any other person or authority in the performance of any functions under this Constitutio n or that law, shall preclude a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this C onstitution or the law. (9) In this Constitution references to the alterati on of any of the provisions of this Constitution or of an Act of Parliament include references to th e amendment, modification, re-enactment with amendment or modification, the suspension or r epeal of that provision and the making of a different provision in place of that provision. 296. EXERCISE OF DISCRETIONARY POWER. Where in this Constitution or in any other law disc retionary power is vested in any person or authority— (a) that discretionary power shall be deemed to imp ly a duty to be fair and candid; (b) the exercise of the discretionary power shall n ot be arbitrary, capricious or biased either by resentment, prejudice or personal dislike and shall be in accordance with due process of law; and (c) where the person or authority is not a judge or other judicial officer, there shall be published by constitutional instrument or statutory instrument, regulations that are not inconsistent with the provisions of this Constituti on or that other law to govern the exercise of the discretionary power. 297. IMPLIED POWER, ETC.. In this Constitution and in any other law— (a) the power to appoint a person to hold or to act in an office in the public service shall include the power to confirm appointments, to exerc ise disciplinary control over persons holding or acting in any such office and to remove the persons from office; (b) where a power is conferred or a duty is imposed , the power may be exercised and the duty shall be performed, from time to time, as occasion requires; (c) where a power is given to a person or authority to do or enforce the doing of an act or a thing, all such powers shall be deemed to be also g iven as are necessary to enable that person or authority to do or enforce the doing of the act of thing; (d) where a power is conferred to make any constitu tional or statutory instrument, regulation or rule or pass any resolution or give any directio n, the power shall be construed as including the power, exercisable in the same manner, to amend or to revoke the constitutional or statutory instrument, regulation, rules or resoluti on or direction as the case may be; (e) words importing male persons include female per sons and corporations. (f) words in the singular include the plural, and w ords in the plural include the singular; (g) where a word is defined, other parts of speech and tenses of that word have corresponding meanings; (h) words directing or empowering a public officer to do any act or thing, or otherwise applying to him by the designation of his office, i nclude his successors in office and all his deputies and all other assistants; (i) words directing or empowering a Minister of Sta te to do an act or a thing, or otherwise applying to him by the designation of his office, i nclude a person acting for him, or if the office is vacant, a person designated to act in tha t office by or under the authority of an Act of Parliament and also his successors in office and al l his deputies or other assistants; (j) where a power is conferred or a duty is imposed on the holder of an office as such, the power may be exercised and the duty shall be perfor med by the person for the time being charged with the performance of the functions of th at office. 298. RESIDUAL POWERS OF PARLIAMENT. Subject to the provisions of Chapter 25 of this Con stitution, where on any matter, whether arising out of this Constitution or otherwise, ther e is no provision, express or by necessary implication of this Constitution which deals with t he matter, that has arisen, Parliament shall, by an Act of Parliament, not being inconsistent wit h any provision of this Constitution, provide for that matter to be dealt with. 299. TRANSITIONAL PROVISIONS. The transitional provisions specified in the First Schedule to this Constitution shall have effect notwithstanding anything to the contrary in this Co nstitution. FIRST SCHEDULE TRANSITIONAL PROVISIONS PART I FIRST PRESIDENT 1. FIRST PRESIDENT. (1) Notwithstanding anything in this Constitution, the person duly elected President of Ghana under the law in force immediately before the comin g into force of this Constitution shall be taken to have been duly elected for the purposes of this Constitution. (2) The President referred to in subsection (1) of this section shall assume office as President on the date of the coming into force of this Consti tution notwithstanding anything in this Constitution. PART II FIRST PARLIAMENT 2. FIRST PARLIAMENT. (1) Notwithstanding anything in this Constitution, the persons duly elected as members of Parliament under the law in force immediately befor e the coming into force of this Constitution, shall be taken to have been duly elec ted members of Parliament for the purposes of this Constitution. (2) The person who was Clerk of the Consultative As sembly or such other public officer as the Provisional National Defence Council may design ate, shall, notwithstanding anything to the contrary in this Constitution, act as Clerk to Parliament until a Clerk is appointed under