# Indexed passage in the Constitution of Ghana

- Jurisdiction: Ghana (GH)
- Chapter (as indexed): Chapter TWENTY: SIX
- Source document: The ghana constitution
- Canonical (HTML): https://www.portablelaw.com/provision/9656654b-3109-402e-922a-1fdafa005be3
- This document: https://www.portablelaw.com/provision/9656654b-3109-402e-922a-1fdafa005be3/md
- Constitution: https://www.portablelaw.com/countries/5bb4aa04-bfb4-40e8-883e-d628fd15d66b

## Verbatim text

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

- The index files it under the chapter heading “Chapter TWENTY: SIX”.
- The passage runs to about 2,774 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “possession”); it mentions pay and pensions — it sets pay, salary, allowance or pension terms (the words used: “pension”).
- **Caveat:** The index holds no article number for this record. Cite the passage itself rather than a section number.
- **Caveat:** This index row contains 9 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, passage filed under chapter “Chapter TWENTY: SIX”, Portable Lawyer, https://www.portablelaw.com/provision/9656654b-3109-402e-922a-1fdafa005be3 (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/9656654b-3109-402e-922a-1fdafa005be3)
- [Machine-readable corpus digest](https://www.portablelaw.com/llms-full.txt)

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Portable Lawyer · A chapter-length passage of the Constitution of Ghana (chapter: “Chapter TWENTY: SIX”). 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…