Indexed passage in the Constitution of Ghana

MISCELLANEOUS 293. Claims against Government 294. Legal Aid 295. Interpretation 296. Exercise of Discretionary Power 297. Implied Power, etc. 298. Residual Powers of Parliament 299. Transitional Provisions THE CONSTITUTION OF THE REPUBLIC OF GHANA IN THE NAME OF THE ALMIGHTY GOD We the People of Ghana, IN EXERCISE of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity; IN A SPIRIT of friendship and peace with all peoples of the wo rld; AND IN SOLEMN declaration and affirmation of our commitment to; Freedom, Justice, Probity and Accountability; The Principle that all powers of Government spring from the Sovereign Will of the People; The Principle of Universal Adult Suffrage; The Rule of Law; The protection and preservation of Fundamental Huma n Rights and Freedoms, Unity and Stability for our Nation; DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. CHAPTER ONE THE CONSTITUTION 1. SUPREMACY OF THE CONSTITUTION. (1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercise d in the manner and within the limits laid down in this Constitution. (2) This Constitution shall be the supreme law of G hana and any other law found to be inconsistent with any provision of this Constitutio n shall, to the extent of the inconsistency, be void. 2. ENFORCEMENT OF THE CONSTITUTION. (1) A person who alleges that— (a) an enactment or anything contained in or done u nder the authority of that or any other enactment; or (b) any act or omission of any person; is inconsistent with, or is in contravention of a p rovision of this Constitution, may bring an action in the Supreme Court for a declaration to th at effect. (2) The Supreme Court shall, for the purposes of a declaration under clause (1) of this article, make such orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made. (3) Any person or group of persons to whom an order or direction is addressed under clause (2) of this article by the Supreme Court, shall dul y obey and carry out the terms of the order or direction. (4) Failure to obey or carry out the terms of an or der or direction made or given under clause (2) of this article constitutes a high crime under this Constitution and shall, in the case of the President or the Vice-President, constitute a groun d for removal from office under this Constitution. (5) A person convicted of a high crime under clause (4) of this article shall— (a) be liable to imprisonment not exceeding ten yea rs without the option of a fine; and (b) not be eligible for election, or for appointmen t, to any public office for ten years beginning with the date of the expiration of the term of impr isonment. 3. DEFENCE OF THE CONSTITUTION. (1) Parliament shall have no power to enact a law e stablishing a one-party state. (2) Any activity of a person or group of persons wh ich suppresses or seeks to suppress the lawful political activity of any other person or an y class of persons, or persons generally is unlawful. (3) Any person who— (a) by himself or in concert with others by any vio lent or other unlawful means, suspends or overthrows or abrogates this Constitution or any pa rt of it, or attempts to do any such act; or (b) aids and abets in any manner any person referre d to in paragraph (a) of this clause; commits the offence of high treason and shall, upon conviction, be sentenced to suffer death. (4) All citizens of Ghana shall have the right and duty at all times— (a) to defend this Constitution, and in particular, to resist any person or group of persons seeking to commit any of the acts referred to in cl ause (3) of this article; and (b) to do all in their power to restore this Consti tution after it has been suspended, overthrown, or abrogated as referred to in clause ( 3) of this article. (5) Any person or group of persons who suppresses o r resists the suspension, overthrow or abrogation of this Constitution as referred to in c lause (3) of this article, commits no offence. (6) Where a person referred to in clause (5) of thi s article is punished for any act done under that clause, the punishment shall, on the restorati on of this Constitution, be taken to be void from the time it was imposed and he shall, from tha t time, be taken to be absolved from all liabilities arising out of the punishment. (7) The Supreme Court shall, on application by or o n behalf of a person who has suffered any punishment or loss to which clause (6) of this arti cle relates, award him adequate compensation, which shall be charged on the Consoli dated Fund, in respect of any suffering or loss incurred as a result of the punishment. CHAPTER TWO TERRITORIES OF GHANA 4. TERRITORIES OF GHANA. (1) The sovereign State of Ghana is a unitary repub lic consisting of those territories comprised in the regions which, immediately before the coming into force of this Constitution, existed in Ghana, including the terri torial sea and the air space. (2) Parliament may by law provide for the delimitat ion of the territorial sea, the contiguous zone, the exclusive economic zone and the continent al shelf of Ghana. 5. CREATION, ALTERATION OR MERGER OF REGIONS. (1) Subject to the provisions of this article, the President may, by constitutional instrument— (a) create a new region; (b) alter the boundaries of a region; or (c) provide for the merger of two or more regions. (2) If the President, upon a petition being present ed to him and, on the advice of the Council of State, is satisfied that there is a substantial demand for— (a) the creation of a new region; (b) the alteration of the boundaries of a region, w hether or not the alteration involves the creation of a new region; or (c) the merger of any two or more regions; he shall, acting in accordance with the advice of t he Council of State, appoint a commission of inquiry to inquire into the demand and to make r ecommendations on all the factors involved in the creation, alteration or merger. (3) If, notwithstanding that a petition has not bee n presented to him, the President is, on the advice of the Council of State, satisfied that the need has arisen for taking any of the steps referred to in paragraphs (a), (b) and (c) of claus e (1) of this article, he may, acting in accordance with the advice of the Council of State, appoint a commission of inquiry to inquire into the need and to make recommendations on all th e factors involved in the creation, alteration or merger. (4) Where a commission of inquiry appointed under c lause (2) or (3) of this article finds that there is the need and a substantial demand for the creation, alteration or merger referred to in either of those clauses, it shall recommend to the President that a referendum be held, specifying the issues to be determined by the refer endum and the places where the referendum should be held. (5) The President shall refer the recommendations t o the Electoral Commission, and the referendum shall be held in a manner prescribed by the Electoral Commission. (6) An issue referred for determination by referend um under clauses (4) and (5) shall not be taken to be determined by the referendum unless at least fifty per cent of the persons entitled to vote cast their votes at the referendum, and of the votes cast at least eighty per cent were cast in favour of that issue. (7) Where a referendum involves the merger of two o r more regions, the issue shall not be taken to be determined unless at least sixty per ce nt of the persons entitled to vote at the referendum in each such region voted in favour of t he merger of the two or more regions; and accordingly, clause (6) of this article shall not a pply to the referendum. (8) The President shall, under clause (1) of this a rticle, and acting in accordance with the results of the referendum held under clauses (4) an d (5) of this article, issue a constitutional instrument giving effect, or enabling effect to be given, to the results. CHAPTER THREE CITIZENSHIP 6. CITIZENSHIP OF GHANA. (1) Every person who, on the coming into force of t his Constitution, is a citizen of Ghana by law shall continue to be a citizen of Ghana. (2) Subject to the provisions of this Constitution, a person born in or outside Ghana after the coming into force of this Constitution, shall becom e a citizen of Ghana at the date of his birth if either of his parents or grandparents is or was a citizen of Ghana. (3) A child of not more than seven years of age fou nd in Ghana whose parents are not known shall be presumed to be a citizen of Ghana by birth . (4) A child of not more than sixteen years of age n either of whose parents is a citizen of Ghana who is adopted by a citizen of Ghana shall, b y virtue of the adoption, be a citizen of Ghana. 7. PERSONS ENTITLED TO BE REGISTERED AS CITIZENS. (1) A woman married to a man who is a citizen of Gh ana or a man married to a woman who is a citizen of Ghana may, upon making an application in the manner prescribed by Parliament, be registered as a citizen of Ghana. (2) Clause (1) of this article applies also to a pe rson who was married to a person who, but for his or her death, would have continued to be a citi zen of Ghana under clause (1) of article 6 of this Constitution. (3) Where the marriage of a woman is annulled after she has been registered as a citizen of Ghana under clause (1) of this article, she shall, unless she renounces that citizenship, continue to be a citizen of Ghana. (4) Any child of a marriage of a woman registered a s a citizen of Ghana under clause (1) of this article to which clause (3) of this article ap plies, shall continue to be a citizen of Ghana unless he renounces that citizenship. (5) Where upon an application by a man for registra tion under clause (1) of this article, it appears to the authority responsible for the regist ration that a marriage has been entered into primarily with a view to obtaining the registration , the authority may request the applicant to satisfy him that the marriage was entered into in g ood faith; and the authority may only effect the registration upon being so satisfied. (6) In the case of a man seeking registration, clau se (1) of this article applies only if the applicant permanently resides in Ghana. 1[8. “DUAL CITIZENSHIP. (1) A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana. (2) Without prejudice to article 94 (2) (a) of the Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office s pecified in this clause if he holds the citizenship of any other country in addition to his citizenship of Ghana— (a) Ambassador or High Commissioner; (b) Secretary to the Cabinet: (c) Chief of Defence Staff or any Service Chief: (d) Inspector-General of Police: (e) Commissioner, Customs, Excise and Preventive Servi ce; (f) Director of Immigration Service; and (g) any office specified by an Act of Parliament. (3) Where the law of a country requires a person wh o marries a citizen of that country to renounce the citizenship of his own country by virt ue of that marriage, a citizen of Ghana who is deprived of his citizenship of Ghana by virtue o f that marriage shall, on the dissolution of that marriage, become a citizen of Ghana”.] 9. CITIZENSHIP LAWS BY PARLIAMENT. (1) Parliament may make provision for the acquisiti on of citizenship of Ghana by persons who are not eligible to become citizens of Ghana un der the provisions of this Constitution. (2) Except as otherwise provided in article 7 of th is Constitution, a person shall not be registered as a citizen of Ghana unless at the time of his application for registration he is able to speak and understand an indigenous language of G hana. (3) The High Court may, on an application made for the purpose by the Attorney-General, deprive a person who is a citizen of Ghana, otherwi se than by birth, of that citizenship on the ground— (a) that the activities of that person are inimical to the security of the State or prejudicial to public morality or the public interest; or (b) that the citizenship was acquired by fraud, mis representation or any other improper or irregular practice. (4) There shall be published in the Gazette by the appropriate authority and within three months after the application or the registration, a s the case may be, the name, particulars and other details of a person who, under this article a pplies to be registered as a citizen of Ghana or has been registered as a citizen of Ghana. 2[(5) Parliament may make provision by Act of Parlia ment for— (a) the renunciation by any person of his citiz enship of Ghana; (b) the circumstances in which a person may acq uire citizenship of Ghana or cease to be a citizen of Ghana.] 10. INTERPRETATION. (1) A reference in this Chapter to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of the parent, be construed as a reference to the citizenship of the parent at the time of the parent’s death. (2) For the purposes of clause (1) of this article, where the death occurred before the coming into force of this Constitution, the citizenship th at the parent would have had if he or she had died on the coming into force of this Constitution shall be deemed to be his or her citizenship at the time of his or her death. CHAPTER FOUR THE LAWS OF GHANA 11. THE LAWS OF GHANA. (1) The laws of Ghana shall comprise— (a) this Constitution; (b) enactments made by or under the authority of th e Parliament established by this Constitution; (c) any Orders, Rules and Regulations made by any p erson or authority under a power conferred by this Constitution; (d) the existing law; and (e) the common law. (2) The common law of Ghana shall comprise the rule s of law generally known as the common law, the rules generally known as the doctri nes of equity and the rules of customary law including those determined by the Superior Cour t of Judicature. (3) For the purposes of this article, “customary la w” means the rules of law which by custom are applicable to particular communities in Ghana. (4) The existing law shall, except as otherwise pro vided in clause (1) of this article, comprise the written and unwritten laws of Ghana as they exi sted immediately before the coming into force of this Constitution, and any Act, Decree, La w or statutory instrument issued or made before that date, which is to come into force on or after that date. (5) Subject to the provisions of this Constitution, the existing law shall not be affected by the coming into force of this Constitution. (6) The existing law shall be construed with any mo difications, adaptations, qualifications and exceptions necessary to bring it into conformity wi th the provisions of this Constitution, or otherwise to give effect to, or enable effect to be given to, any changes effected by this Constitution. (7) Any Order, Rule or Regulation made by a person or authority under a power conferred by this Constitution or any other law shall— (a) be laid before Parliament; (b) be published in the Gazette on the day it is laid before Parliament; and (c) come into force at the expiration of twenty-one sitting days after being so laid unless Parliament, before the expiration of the twenty-one days, annuls the Order, Rule or Regulation by the votes of not less than two-thirds of all the members of Parliament. CHAPTER FIVE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS 12. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREE DOMS. (1) The fundamental human rights and freedoms enshr ined in this Chapter shall be respected and upheld by the Executive, Legislature and Judici ary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution. (2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subjec t to respect for the rights and freedoms of others and for the public interest. 13. PROTECTION OF RIGHT TO LIFE. (1) No person shall be deprived of his life intenti onally except in the exercise of the execution of a sentence of a court in respect of a criminal o ffence under the laws of Ghana of which he has been convicted. (2) A person shall not be held to have deprived ano ther person of his life in contravention of clause (1) of this article if that other person die s as the result of a lawful act of war or if that other person dies as the result of the use of force to such an extent as is reasonably justifiable in the particular circumstances— (a) for the defence of any person from violence or for the defence of property; or (b) in order to effect a lawful arrest or to preven t the escape of a person lawfully detained; or (c) for the purposes of suppressing a riot, insurre ction or mutiny; or (d) in order to prevent the commission of a crime b y that person. 14. PROTECTION OF PERSONAL LIBERTY. (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law— (a) in execution of a sentence or order of a court in respect of a criminal offence of which he has been convicted; or (b) in execution of an order of a court punishing h im for contempt of court; or (c) for the purpose of bringing him before a court in execution of an order of a court; or (d) in the case of a person suffering from an infec tious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community; or (e) for the purpose of the education or welfare of a person who has not attained the age of eighteen years; or (f) for the purpose of preventing the unlawful entr y of that person into Ghana, or of effecting the expulsion, extradition or other lawful removal of that person from Ghana or for the purpose of restricting that person while he is bein g lawfully conveyed through Ghana in the course of his extradition or removal from one count ry to another; or (g) upon reasonable suspicion of his having committ ed or being about to commit a criminal offence under the laws of Ghana. (2) A person who is arrested, restricted or detaine d shall be informed immediately, in a language that he understands, of the reasons for hi s arrest, restriction or detention and of his right to a lawyer of his choice. (3) A person who is arrested, restricted or detaine d— (a) for the purpose of bringing him before a court in execution of an order of a court; or (b) upon reasonable suspicion of his having committ ed or being about to commit a criminal offence under the laws of Ghana, and who is not rel eased, shall be brought before a court within forty-eight hours after the arrest, restriction or detention. (4) Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he sha ll be released either unconditionally or upon reasonable conditions, including in particular , conditions reasonably necessary to ensure that he appears at a later date for trial or for pr oceedings preliminary to trial. (5) A person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that other person. (6) Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he has spent in lawful custody in respect of that offence before the completion of his trial shall be taken into account in imposing the t erm of imprisonment. (7) Where a person who has served the whole or a pa rt of his sentence is acquitted on appeal by a court, other than the Supreme Court, the court may certify to the Supreme Court that the person acquitted be paid compensation; and the Supr eme Court may, upon examination of all the facts and the certificate of the court concerne d, award such compensation as it may think fit; or, where the acquittal is by the Supreme Cour t, it may order compensation to be paid to the person acquitted. 15. RESPECT FOR HUMAN DIGNITY. (1) The dignity of all persons shall be inviolable. (2) No person shall, whether or not he is arrested, restricted or detained, be subjected to— (a) torture or other cruel, inhuman or degrading tr eatment or punishment; (b) any other condition that detracts or is likely to detract from his dignity and worth as a human being. (3) A person who has not been convicted of a crimin al offence shall not be treated as a convicted person and shall be kept separately from convicted persons. (4) A juvenile offender who is kept in lawful custo dy or detention shall be kept separately from an adult offender. 16. PROTECTION FROM SLAVERY AND FORCED LABOUR. (1) No person shall be held in slavery or servitude . (2) No person shall be required to perform forced l abour. (3) For the purposes of this article, “forced labou r” does not include— (a) any labour required as a result of a sentence o r order of a court; or (b) any labour required of a member of a discipline d force or service as his duties or, in the case of a person who has conscientious objections t o a service as a member of the Armed Forces of Ghana, any labour which that person is re quired by law to perform in place of such service; or (c) any labour required during any period when Ghan a is at war or in the event of an emergency or calamity that threatens the life and w ell-being of the community, to the extent that the requirement of such labour is reasonably j ustifiable in the circumstances of any situation arising or existing during that period fo r the purposes of dealing with the situation; or (d) any labour reasonably required as part of norma l communal or other civic obligations. 17. EQUALITY AND FREEDOM FROM DISCRIMINATION. (1) All persons shall be equal before the law. (2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic statu s. (3) For the purposes of this article, “discriminate ” means to give different treatment to different persons attributable only or mainly to th eir respective descriptions by race, place of origin, political opinions, colour, gender, occupat ion, religion or creed, whereby persons of one description are subjected to disabilities or re strictions to which persons of another description are not made subject or are granted pri vileges or advantages which are not granted to persons of another description. (4) Nothing in this article shall prevent Parliamen t from enacting laws that are reasonably necessary to provide— (a) for the implementation of policies and programm es aimed at redressing social, economic or educational imbalance in the Ghanaian society; (b) for matters relating to adoption, marriage, div orce, burial, devolution of property on death or other matters of personal law; (c) for the imposition of restrictions on the acqui sition of land by persons who are not citizens of Ghana or on the political and economic activitie s of such persons and for other matters relating to such persons; or (d) for making different provision for different co mmunities having regard to their special circumstances not being provision which is inconsis tent with the spirit of this Constitution. (5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter. 18. PROTECTION OF PRIVACY OF HOME AND OTHER PROPERT Y. (1) Every person has the right to own property eith er alone or in association with others. (2) No person shall be subjected to interference wi th the privacy of his home, property, correspondence or communication except in accordanc e with law and as may be necessary in a free and democratic society for public safety or the economic well-being of the country, for the protection of health or morals, for the prevent ion of disorder or crime or for the protection of the rights or freedoms of others. 19. FAIR TRIAL. (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court. (2) A person charged with a criminal offence shall— (a) in the case of an offence other than high treas on or treason, the punishment for which is death or imprisonment for life, be tried by a judge and jury and— (i) where the punishment is death, the verdict of t he jury shall be unanimous; and (ii) in the case of life imprisonment, the verdict of the jury shall be by such majority as Parliament may by law prescribe; (b) in the case of an offence triable by a Regional Tribunal the penalty for which is death, the decision of the Chairman and the other panel member s shall be unanimous; (c) be presumed to be innocent until he is proved o r has pleaded guilty; (d) be informed immediately in a language that he u nderstands, and in detail, of the nature of the offence charged; (e) be given adequate time and facilities for the p reparation of his defence; (f) be permitted to defend himself before the court in person or by a lawyer of his choice; (g) be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the court, and to obtain the att endance and carry out the examination of witnesses to testify on the same conditions as thos e applicable to witnesses called by the prosecution; (h) be permitted to have, without payment by him, t he assistance of an interpreter where he cannot understand the language used at the trial; a nd (i) in the case of the offence of high treason or t reason, be tried by the High Court duly constituted by three Justices of that Court and the decision of the Justices shall be unanimous. (3) The trial of a person charged with a criminal o ffence shall take place in his presence unless— (a) he refuses to appear before the court for the t rial to be conducted in his presence after he has been duly notified of the trial; or (b) he conducts himself in such a manner as to rend er the continuation of the proceedings in his presence impracticable and the court orders him to be removed for the trial to proceed in his absence. (4) Whenever a person is tried for a criminal offen ce the accused person or a person authorised by him shall, if he so requires, be give n, within a reasonable time not exceeding six months after judgment, a copy of any record of the proceedings made by or on behalf of the court for the use of the accused person. (5) A person shall not be charged with or held to b e guilty of a criminal offence which is founded on an act or omission that did not at the t ime it took place constitute an offence. (6) No penalty shall be imposed for a criminal offe nce that is severer in degree or description than the maximum penalty that could have been impos ed for that offence at the time when it was committed. (7) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted, shall again be t ried for that offence or for any other criminal offence of which he could have been convicted at th e trial for the offence, except on the order of a superior court in the course of appeal or revi ew proceedings relating to the conviction or acquittal. (8) Notwithstanding clause (7) of this article, an acquittal of a person on a trial for high treason or treason shall not be a bar to the instit ution of proceedings for any other offence against that person. (9) Paragraphs (a) and (b) of clause (2) of this ar ticle shall not apply in the case of a trial by a court-martial or other military tribunal. (10) No person who is tried for a criminal offence shall be compelled to give evidence at the trial. (11) No person shall be convicted of a criminal off ence unless the offence is defined and the penalty for it is prescribed in a written law. (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in a written law and the penalty is not so prescribed. (13) An adjudicating authority for the determinatio n of the existence or extent of a civil right or obligation shall, subject to the provisions of t his Constitution, be established by law and shall be independent and impartial; and where proce edings for determination are instituted by a person before such an adjudicating authority, the case shall be given a fair hearing within a reasonable time. (14) Except as may be otherwise ordered by the adju dicating authority in the interest of public morality, public safety, or public order the procee dings of any such adjudicating authority shall be in public. (15) Nothing in this article shall prevent an adjud icating authority from excluding from the proceedings persons, other than the parties to the proceedings and their lawyers, to such an extent as the authority— (a) may consider necessary or expedient in circumst ances where publicity would prejudice the interests of justice; or (b) may be empowered by law to do in the interest o f defence, public safety, public order, public morality, the welfare of persons under the a ge of eighteen or the protection of the private lives of persons concerned in the proceedin gs. (16) Nothing in, or done under the authority of, an y law shall be held to be inconsistent with, or in contravention of, the following provisions— (a) paragraph (c) of clause (2) of this article, to the extent that the law in question imposes upon a person charged with a criminal offence, the burden of proving particular facts; or (b) clause (7) of this article, to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offenc e notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of the force, except that any court which tries that member and convicts him shall, in sentencing him to any punishment, take into account any punishment imposed on him under th at disciplinary law. (17) Subject to clause (18) of this article, treaso n shall consist only— (a) in levying war against Ghana or assisting any s tate or person or inciting or conspiring with any person to levywar against Ghana; or (b) in attempting by force of arms or other violent means to overthrow the organs of government established by or under this Constitutio n; or (c) in taking part or being concerned in or incitin g or conspiring with any person to make or take part or be concerned in, any such attempt. (18) An act which aims at procuring by constitution al means an alteration of the law or of the policies of the Government shall not be considered as an act calculated to overthrow the organs of government. (19) Notwithstanding any other provision of this ar ticle, but subject to clause (20) of this article, Parliament may, by or under an Act of Parl iament, establish military courts or tribunals for the trial of offences against militar y law committed by persons subject to military law. (20) Where a person subject to military law, who is not in active service, commits an offence which is within the jurisdiction of a civil court, he shall not be tried by a court-martial or military tribunal for the offence unless the offenc e is within the jurisdiction of a court-martial or other military tribunal under any law for the en forcement of military discipline. (21) For the purposes of this article, “criminal of fence” means a criminal offence under the laws of Ghana. 20. PROTECTION FROM DEPRIVATION OF PROPERTY. (1) No property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the State unless the following conditions are satisfied— (a) the taking of possession or acquisition is nece ssary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilization of property in such a manner as to prom ote the public benefit; and (b) the necessity for the acquisition is clearly st ated and is such as to provide reasonable justification for causing any hardship that may res ult to any person who has an interest in or right over the property. (2) Compulsory acquisition of property by the State shall only be made under a law which makes provision for— (a) the prompt payment of fair and adequate compens ation; and (b) a right of access to the High Court by any pers on who has an interest in or right over the property whether direct or on appeal from any other authority, for the determination of his interest or right and the amount of compensation to which he is entitled. (3) Where a compulsory acquisition or possession of land effected by the State in accordance with clause (1) of this article involves displaceme nt of any inhabitants, the State shall resettle the displaced inhabitants on suitable alternative l and with due regard for their economic well- being and social and cultural values. (4) Nothing in this article shall be construed as a ffecting the operation of any general law so far as it provides for the taking of possession or acquisition of property— (a) by way of vesting or administration of trust pr operty, enemy property or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons or bodies corporate or unincorpora ted in the course of being wound up; or (b) in the execution of a judgment or order of a co urt; or (c) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or (d) in consequence of any law with respect to the l imitation of actions; or (e) for so long only as may be necessary for the pu rpose of any examination, investigation, trial or inquiry; or (f) for so long as may be necessary for the carryin g out of work on any land for the purpose of the provision of public facilities or utilities, ex cept that where any damage results from any such work there shall be paid appropriate compensat ion. (5) Any property compulsorily taken possession of o r acquired in the public interest or for a public purpose shall be used only in the public int erest or for the public purpose for which it was acquired. (6) Where the property is not used in the public in terest or for the purpose for which it was acquired, the owner of the property immediately bef ore the compulsory acquisition, shall be given the first option for acquiring the property a nd shall, on such re-acquisition refund the whole or part of the compensation paid to him as pr ovided for by law or such other amount as is commensurate with the value of the property at t he time of the re-acquisition. 21. GENERAL FUNDAMENTAL FREEDOMS. (1) All persons shall have the right to— (a) freedom of speech and expression, which shall i nclude freedom of the press and other media; (b) freedom of thought, conscience and belief, whic h shall include academic freedom; (c) freedom to practise any religion and to manifes t such practice; (d) freedom of assembly including freedom to take p art in processions and demonstrations; (e) freedom of association, which shall include fre edom to form or join trade unions or other associations, national and international, for the p rotection of their interest; (f) information, subject to such qualifications and laws as are necessary in a democratic society; (g) freedom of movement which means the right to mo ve freely in Ghana, the right to leave and to enter Ghana and immunity from expulsion from Ghana. (2) A restriction on a person’s freedom of movement by his lawful detention shall not be held to be inconsistent with or in contravention of this article. (3) All citizens shall have the right and freedom t o form or join political parties and to participate in political activities subject to such qualifications and laws as are necessary in a free and democratic society and are consistent with this Constitution. (4) Nothing in, or done under the authority of, a l aw shall be held to be inconsistent with, or in contravention of, this article to the extent that t he law in question makes provision— (a) for the imposition of restrictions by order of a court, that are required in the interest of defence, public safety or public order, on the move ment or residence within Ghana of any person; or (b) for the imposition of restrictions, by order of a court, on the movement or residence within Ghana of any person either as a result of his havin g been found guilty of a criminal offence under the laws of Ghana or for the purposes of ensu ring that he appears before a court at a later date for trial for a criminal offence or for proceedings relating to his extradition or lawful removal from Ghana; or (c) for the imposition of restrictions that are rea sonably required in the interest of defence, public safety, public health or the running of esse ntial services, on the movement or residence within Ghana of any person or persons generally, or any class of persons; or (d) for the imposition of restrictions on the freed om of entry into Ghana, or of movement in Ghana, of a person who is not a citizen of Ghana; o r (e) that is reasonably required for the purpose of safeguarding the people of Ghana against the teaching or propagation of a doctrine which exhibit s or encourages disrespect for the nationhood of Ghana, the national symbols and emble ms, or incites hatred against other members of the community; except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in terms of the spirit of this Constitution. (5) Whenever a person, whose freedom of movement ha s been restricted by the order of a court under paragraph (a) of clause (4) of this art icle, requests at any time during the period of that restriction not earlier than seven days after the order was made, or three months after he last made such request, as the case may be, his cas e shall be reviewed by that court. (6) On a review by a court under clause (5) of this article, the court may, subject to the right of appeal from its decision, make such order for th e continuation or termination of the restriction as it considers necessary or expedient. 22. PROPERTY RIGHTS OF SPOUSES. (1) A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having made a will. (2) Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses. (3) With a view to achieving the full realisation o f the rights referred to in clause (2) of this article— (a) spouses shall have equal access to property joi ntly acquired during marriage; (b) assets which are jointly acquired during marria ge shall be distributed equitably between the spouses upon dissolution of the marriage. 23. ADMINISTRATIVE JUSTICE. Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and pe rsons aggrieved by the exercise of such acts and decisions shall have the right to seek red ress before a court or other tribunal. 24. ECONOMIC RIGHTS. (1) Every person has the right to work under satisf actory, safe and healthy conditions, and shall receive equal pay for equal work without dist inction of any kind. (2) Every worker shall be assured of rest, leisure and reasonable limitation of working hours and periods of holidays with pay, as well as remune ration for public holidays. (3) Every worker has a right to form or join a trad e union of his choice for the promotion and protection of his economic and social interests. (4) Restrictions shall not be placed on the exercis e of the right conferred by clause (3) of this article except restrictions prescribed by law and r easonably necessary in the interest of national security or public order or for the protec tion of the rights and freedoms of others. 25. EDUCATIONAL RIGHTS. (1) All persons shall have the right to equal educa tional opportunities and facilities and with a view to achieving the full realisation of that righ t— (a) basic education shall be free, compulsory and a vailable to all; (b) secondary education in its different forms, inc luding technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education; (c) higher education shall be made equally accessib le to all, on the basis of capacity, by every appropriate means, and in particular, by progressiv e introduction of free education; (d) functional literacy shall be encouraged or inte nsified as far as possible; (e) the development of a system of schools with ade quate facilities at all levels shall be actively pursued. (2) Every person shall have the right, at his own e xpense, to establish and maintain a private school or schools at all levels and of such categor ies and in accordance with such conditions as may be provided by law. 26. CULTURAL RIGHTS AND PRACTICES. (1) Every person is entitled to enjoy, practise, pr ofess, maintain and promote any culture, language, tradition or religion subject to the prov isions of this Constitution. (2) All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited. 27. WOMEN’S RIGHTS. (1) Special care shall be accorded to mothers durin g a reasonable period before and after child-birth; and during those periods, working moth ers shall be accorded paid leave. (2) Facilities shall be provided for the care of ch ildren below school-going age to enable women, who have the traditional care for children, realise their full potential. (3) Women shall be guaranteed equal rights to train ing and promotion without any impediments from any person. 28. CHILDREN’S RIGHTS. (1) Parliament shall enact such laws as are necessa ry to ensure that— (a) every child has the right to the same measure o f special care, assistance and maintenance as is necessary for its development from its natura l parents, except where those parents have effectively surrendered their rights and responsibi lities in respect of the child in accordance with law; (b) every child, whether or not born in wedlock, sh all be entitled to reasonable provision out of the estate of its parents; (c) parents undertake their natural right and oblig ation of care, maintenance and upbringing of their children in co-operation with such institutio ns as Parliament may, by law, prescribe in such manner that in all cases the interest of the c hildren are paramount; (d) children and young persons receive special prot ection against exposure to physical and moral hazards; and (e) the protection and advancement of the family as the unit of society are safeguarded in promotion of the interest of children. (2) Every child has the right to be protected from engaging in work that constitutes a threat to his health, education or development. (3) A child shall not be subjected to torture or ot her cruel, inhuman or degrading treatment or punishment. (4) No child shall be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs. (5) For the purposes of this article, “child” means a person below the age of eighteen years. 29. RIGHTS OF DISABLED PERSONS. (1) Disabled persons have the right to live with th eir families or with foster parents and to participate in social, creative or recreational act ivities. (2) A disabled person shall not be subjected to dif ferential treatment in respect of his residence other than that required by his condition or by the improvement which he may derive from the treatment. (3) If the stay of a disabled person in a specialis ed establishment is indispensable, the environment and living conditions there shall be as close as possible to those of the normal life of a person of his age. (4) Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature. (5) In any judicial proceedings in which a disabled person is a party the legal procedure applied shall take his physical and mental conditio n into account. (6) As far as practicable, every place to which the public have access shall have appropriate facilities for disabled persons. (7) Special incentives shall be given to disabled p ersons engaged in business and also to business organisations that employ disabled persons in significant numbers. (8) Parliament shall enact such laws as are necessa ry to ensure the enforcement of the provisions of this article. 30. RIGHTS OF THE SICK. A person who by reason of sickness or any other cau se is unable to give his consent shall not be deprived by any other person of medical treatmen t, education or any other social or economic benefit by reason only of religious or oth er beliefs. Emergency Powers 31. EMERGENCY POWERS. (1) The President may, acting in accordance with th e advice of the Council of State, by Proclamation published in the Gazette , declare that a state of emergency exists in Ghana or in any part of Ghana for the purposes of the provision s of this Constitution. (2) Notwithstanding any other provision of this art icle, where a proclamation is published under clause (1) of this article, the President sha ll place immediately before Parliament, the facts and circumstances leading to the declaration of the state of emergency. (3) Parliament shall, within seventy-two hours afte r being so notified, decide whether the proclamation should remain in force or should be re voked; and the President shall act in accordance with the decision of Parliament. (4) A declaration of a state of emergency shall cea se to have effect at the expiration of a period of seven days beginning with the date of pub lication of the declaration, unless, before the expiration of that period, it is approved by a resolution passed for that purpose by a majority of all the members of Parliament. (5) Subject to clause (7) of this article, a declar ation of a state of emergency approved by a resolution of Parliament under clause (4) of this a rticle shall continue in force until the expiration of a period of three months beginning wi th the date of its being so approved or until such earlier date as may be specified in the resolution. (6) Parliament may, by resolution passed by a major ity of all members of Parliament, extend its approval of the declaration for periods of not more than one month at a time. (7) Parliament may, by a resolution passed by a maj ority of all the members of Parliament, at any time, revoke a declaration of a state of emerge ncy approved by Parliament under this article. (8) For the avoidance of doubt, it is hereby declar ed that the provisions of any enactment, other than an Act of Parliament, dealing with a sta te of emergency declared under clause (1) of this article shall apply only to that part of Gh ana where the emergency exists. (9) The circumstances under which a state of emerge ncy may be declared under this article include a natural disaster and any situation in whi ch any action is taken or is immediately threatened to be taken by any person or body of per sons which— (a) is calculated or likely to deprive the communit y of the essentials of life; or (b) renders necessary the taking of measures which are required for securing the public safety, the defence of Ghana and the maintenance of public order and of supplies and services essential to the life of the community. (10) Nothing in, or done under the authority of, an Act of Parliament shall be held to be inconsistent with, or in contravention of, articles 12 to 30 of this Constitution to the extent that the Act in question authorises the taking, dur ing any period when a state of emergency is in force, of measures that are reasonably justifiab le for the purposes of dealing with the situation that exists during that period. 32. PERSONS DETAINED UNDER EMERGENCY LAW. (1) Where a person is restricted or detained by vir tue of a law made pursuant to a declaration of a state of emergency, the following provisions s hall apply— (a) he shall as soon as practicable, and in any cas e not later than twenty-four hours after the commencement of the restriction or detention, be fu rnished with a statement in writing specifying in detail the grounds upon which he is r estricted or detained and the statement shall be read or interpreted to the person restricted or detained; (b) the spouse, parent, child or other available ne xt of kin of the person restricted or detained shall be informed of the detention or restriction w ithin twenty-four hours after the commencement of the detention or restriction and be permitted access to the person at the earliest practicable opportunity, and in any case w ithin twenty-four hours after the commencement of the restriction or detention; (c) not more than ten days after the commencement o f his restriction or detention, a notification shall be published in the Gazette and in the media stating that he has been restricted or detained and giving particulars of th e provision of law under which his restriction or detention is authorised and the grounds of his r estriction or detention; (d) not more than ten days after commencement of hi s restriction or detention, and after that, during his restriction or detention, at intervals o f not more than three months, his case shall be reviewed by a tribunal composed of not less than th ree Justices of the Superior Court of Judicature appointed by the Chief Justice; except t hat the same tribunal shall not review more than once the case of a person restricted or detain ed; (e) he shall be afforded every possible facility to consult a lawyer of his choice who shall be permitted to make representations to the tribunal a ppointed for the review of the case of the restricted or detained person; (f) at the hearing of his case, he shall be permitt ed to appear in person or by a lawyer of his choice. (2) On a review by a tribunal of the case of a rest ricted or detained person, the tribunal may order the release of the person and the payment to him of adequate compensation or uphold the grounds of his restriction or detention; and th e authority by which the restriction or detention was ordered shall act accordingly. (3) In every month in which there is a sitting of P arliament, a Minister of State authorised by the President, shall make a report to Parliament of the number of persons restricted or detained by virtue of such a law as is referred to in clause (10) of article 31 of this Constitution and the number of cases in which the a uthority that ordered the restriction or detention has acted in accordance with the decision s of the tribunal appointed under this article. (4) Notwithstanding clause (3) of this article, the Minister referred to in that clause shall publish every month in the Gazette and in the media— (a) the number and the names and addresses of the p ersons restricted or detained; (b) the number of cases reviewed by the tribunal; a nd (c) the number of cases in which the authority whic h ordered the restriction or detention has acted in accordance with the decisions of the tribu nal appointed under this article. (5) For the avoidance of doubt, it is hereby declar ed that at the end of an emergency declared under clause (1) of article 31 of this Constitution , a person in restriction or detention or in custody as a result of the declaration of the emerg ency shall be released immediately. Protection of Rights by the Courts 33. PROTECTION OF RIGHTS BY THE COURTS. (1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is lik ely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress. (2) The High Court may, under clause (1) of this ar ticle, issue such directions or orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus , prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions o n the fundamental human rights and freedoms to the protection of which the person conc erned is entitled. (3) A person aggrieved by a determination of the Hi gh Court may appeal to the Court of Appeal with the right of a further appeal to the Su preme Court. (4) The Rules of Court Committee may make rules of court with respect to the practice and procedure of the Superior Courts for the purposes o f this article. (5) The rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man. CHAPTER SIX THE DIRECTIVE PRINCIPLES OF STATE POLICY 34. IMPLEMENTATION OF DIRECTIVE PRINCIPLES. (1) The Directive Principles of State Policy contai ned in this Chapter shall guide all citizens, Parliament, the President, the Judiciary, the Counc il of State, the Cabinet, political parties and other bodies and persons in applying or interpretin g this Constitution or any other law and in taking and implementing any policy decisions, for t he establishment of a just and free society. (2) The President shall report to Parliament at lea st once a year all the steps taken to ensure the realization of the policy objectives contained in this Chapter; and, in particular, the realization of basic human rights, a healthy econom y, the right to work, the right to good health care and the right to education. 35. POLITICAL OBJECTIVES. (1) Ghana shall be a democratic state dedicated to the realization of freedom and justice; and accordingly, sovereignty resides in the people of G hana from whom Government derives all its powers and authority through this Constitution. (2) The State shall protect and safeguard the indep endence, unity and territorial integrity of Ghana, and shall seek the well-being of all her cit izens. (3) The State shall promote just and reasonable acc ess by all citizens to public facilities and services in accordance with law. (4) The State shall cultivate among all Ghanaians r espect for fundamental human rights and freedoms and the dignity of the human person. (5) The State shall actively promote the integratio n of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of plac e of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs. (6) Towards the achievement of the objectives state d in clause (5) of this article, the State shall take appropriate measures to— (a) foster a spirit of loyalty to Ghana that overri des sectional, ethnic and other loyalties; (b) achieve reasonable regional and gender balance in recruitment and appointment to public offices; (c) provide adequate facilities for, and encourage, free mobility of people, goods and services throughout Ghana; (d) make democracy a reality by decentralizing the administrative and financial machinery of government to the regions and districts and by affo rding all possible opportunities to the people to participate in decision-making at every l evel in national life and in government; and (e) ensure that whenever practicable, the headquart ers of a Government or public institution offering any service is situated in an area within any region, taking into account the resources and potentials of the region and the area. (7) As far as practicable, a government shall conti nue and execute projects and programmes commenced by the previous Governments. (8) The State shall take steps to eradicate corrupt practices and the abuse of power. (9) The state shall promote among the people of Gha na the culture of political tolerance. 36. ECONOMIC OBJECTIVES. (1) The State shall take all necessary action to en sure that the national economy is managed in such a manner as to maximize the rate of economic d evelopment and to secure the maximum welfare, freedom and happiness of every person in G hana and to provide adequate means of livelihood and suitable employment and public assis tance to the needy. (2) The State shall, in particular, take all necess ary steps to establish a sound and healthy economy whose underlying principles shall include— (a) the guarantee of a fair and realistic remunerat ion for production and productivity in order to encourage continued production and higher produc tivity; (b) affording ample opportunity for individual init iative and creativity in economic activities and fostering an enabling environment for a pronoun ced role of the private sector in the economy; (c) ensuring that individuals and the private secto r bear their fair share of social and national responsibilities including responsibilities to cont ribute to the overall development of the country; (d) undertaking even and balanced development of al l regions and every part of each region of Ghana, and, in particular, improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and the urban areas; (e) the recognition that the most secure democracy is the one that assures the basic necessities of life for its people as a fundamental duty. (3) The State shall take appropriate measures to pr omote the development of agriculture and industry. (4) Foreign investment shall be encouraged within G hana, subject to any law for the time being in force regulating investment in Ghana. (5) For the purposes of the foregoing clauses of th is article, within two years after assuming office, the President shall present to Parliament a co-ordinated programme of economic and social development policies, including agricultural and industrial programmes at all levels and in all the regions of Ghana. (6) The State shall afford equality of economic opp ortunity to all citizens; and, in particular, the State shall take all necessary steps so as to e nsure the full integration of women into the mainstream of the economic development of Ghana. (7) The State shall guarantee the ownership of prop erty and the right of inheritance. (8) The State shall recognise that ownership and po ssession of land carry a social obligation to serve the larger community and, in particular, the State shall recognise that the managers of public, stool, skin and family lands are fiduciarie s charged with the obligation to discharge their functions for the benefit respectively of the people of Ghana, of the stool, skin, or family concerned and are accountable as fiduciaries in thi s regard. (9) The State shall take appropriate measures neede d to protect and safeguard the national environment for posterity; and shall seek co-operat ion with other states and bodies for purposes of protecting the wider international envi ronment for mankind. (10) The State shall safeguard the health, safety a nd welfare of all persons in employment, and shall establish the basis for the full deployme nt of the creative potential of all Ghanaians. (11) The State shall encourage the participation of workers in the decision-making process at the work place. 37. SOCIAL OBJECTIVES. (1) The State shall endeavour to secure and protect a social order founded on the ideals and principles of freedom, equality, justice, probity a nd accountability as enshrined in Chapter 5 of this Constitution; and in particular, the State shall direct its policy towards ensuring that every citizen has equality of rights, obligations a nd opportunities before the law. (2) The State shall enact appropriate laws to assur e— (a) the enjoyment of rights of effective participat ion in development processes including rights of people to form their own associations fre e from state interference and to use them to promote and protect their interests in relation to development processes, rights of access to agencies and officials of the State necessary in or der to realise effective participation in development processes; freedom to form organization s to engage in self-help and income generating projects; and freedom to raise funds to support those activities; (b) the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and othe r vulnerable groups in development processes. (3) In the discharge of the obligations stated in c lause (2) of this article, the State shall be guided by international human rights instruments wh ich recognize and apply particular categories of basic human rights to development pro cesses. (4) The State shall maintain a population policy co nsistent with the aspirations and development needs and objectives of Ghana. (5) The State shall ensure that adequate facilities for sports are provided throughout Ghana and that sports are promoted as a means of fosterin g national integration, health and self- discipline as well as international friendship and understanding. (6) The State shall— (a) ensure that contributory schemes are instituted and maintained that will guarantee economic security for self-employed and other citiz ens of Ghana, and (b) provide social assistance to the aged such as w ill enable them to maintain a decent standard of living. 38. EDUCATIONAL OBJECTIVES. (1) The State shall provide educational facilities at all levels and in all the Regions of Ghana, and shall, to the greatest extent feasible, make th ose facilities available to all citizens. (2) The Government shall, within two years after Pa rliament first meets after the coming into force of this Constitution, draw up a programme for implementation within the following ten years, for the provision of free, compulsory and un iversal basic education. (3) The State shall, subject to the availability of resources, provide— (a) equal and balanced access to secondary and othe r appropriate pre-university education, equal access to university or equivalent education, with emphasis on science and technology; (b) a free adult literacy programme, and a free voc ational training, rehabilitation and resettlement of disabled persons; and (c) life-long education. 39. CULTURAL OBJECTIVES. (1) Subject to clause (2) of this article, the Stat e shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultura l dimensions to relevant aspects of national planning. (2) The State shall ensure that appropriate customa ry and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to t he health and well-being of the person are abolished. (3) The State shall foster the development of Ghana ian languages and pride in Ghanaian culture. (4) The State shall endeavour to preserve and prote ct places of historical interest and artifacts. 40. INTERNATIONAL RELATIONS. In its dealings with other nations, the Government shall— (a) promote and protect the interests of Ghana; (b) seek the establishment of a just and equitable international economic and social order; (c) promote respect for international law, treaty o bligations and the settlement of international disputes by peaceful means; (d) adhere to the principles enshrined in or as the case may be, the aims and ideals of— (i) the Charter of the United Nations; (ii) the Charter of the Organisation of African Uni ty; (iii) the Commonwealth; (iv) the Treaty of the Economic Community of West A frican States; and (v) any other international organisation of which G hana is a member. 41. DUTIES OF A CITIZEN. The exercise and enjoyment of rights and freedoms i s inseparable from the performance of duties and obligations, and accordingly, it shall b e the duty of every citizen— (a) to promote the prestige and good name of Ghana and respect the symbols of the nation; (b) to uphold and defend this Constitution and the law; (c) to foster national unity and live in harmony wi th others; (d) to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons; (e) to work conscientiously in his lawfully chosen occupation; (f) to protect and preserve public property and exp ose and combat misuse and waste of public funds and property; (g) to contribute to the well-being of the communit y where that citizen lives; (h) to defend Ghana and render national service whe n necessary; (i) to co-operate with lawful agencies in the maint enance of law and order; (j) to declare his income honestly to the appropria te and lawful agencies and to satisfy all tax obligations; and (k) to protect and safeguard the environment. CHAPTER SEVEN REPRESENTATION OF THE PEOPLE Right to Vote 42. RIGHT TO VOTE. Every citizen of Ghana of eighteen years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter fo r the purposes of public elections and referenda. Electoral Commission 43. ELECTORAL COMMISSION. (1) There shall be an Electoral Commission which sh all consist of— (a) a Chairman; (b) two Deputy Chairmen; and (c) four other members. (2) The members of the Commission shall be appointe d by the President under article 70 of this Constitution. 44. QUALIFICATIONS, TERMS AND CONDITIONS OF SERVICE OF MEMBERS OF ELECTORAL COMMISSION. (1) A person is not qualified to be appointed a mem ber of the Electoral Commission unless he is qualified to be elected as a member of Parliamen t. (2) The Chairman of the Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal. (3) The two Deputy Chairmen of the Commission shall have the same terms and conditions of service as are applicable to a Justice of the High Court. (4) The Chairman and the two Deputy Chairmen of the Commission shall not, while they hold office on the Commission, hold any other public off ice. (5) The other four members of the Commission shall be paid such allowances as Parliament may determine. (6) If a member is absent or dies, the Commission s hall continue its work until the President, acting on the advice of the Council of State, appoi nts a qualified person to fill the vacancy. 45. FUNCTIONS OF ELECTORAL COMMISSION. The Electoral Commission shall have the following f unctions— (a) to compile the register of voters and revise it at such periods as may be determined by law; (b) to demarcate the electoral boundaries for both national and local government elections; (c) to conduct and supervise all public elections a nd referenda; (d) to educate the people on the electoral process and its purpose; (e) to undertake programmes for the expansion of th e registration of voters; and (f) to perform such other functions as may be presc ribed by law. 46. INDEPENDENCE OF THE COMMISSION. Except as provided in this Constitution or in any o ther law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission, shall not be subject to the direction or control of any person o r authority. 47. CONSTITUENCIES. (1) Ghana shall be divided into as many constituenc ies for the purpose of election of members of Parliament as the Electoral Commission may presc ribe, and each constituency shall be represented by one member of Parliament. (2) No constituency shall fall within more than one region. (3) The boundaries of each constituency shall be su ch that the number of inhabitants in the constituency is, as nearly as possible, equal to th e population quota. (4) For the purposes of clause (3) of this article, the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, density of po pulation and area and boundaries of the regions and other administrative or traditional are as. (5) The Electoral Commission shall review the divis ion of Ghana into constituencies at intervals of not less than seven years, or within t welve months after the publication of the enumeration figures after the holding of a census o f the population of Ghana, whichever is earlier, and may, as a result, alter the constituen cies. (6) Where the boundaries of a constituency establis hed under this article are altered as a result of a review, the alteration shall come into effect upon the next dissolution of Parliament. (7) For the purposes of this article, “population q uota” means the number obtained by dividing the number of inhabitants of Ghana by the number of constituencies into which Ghana is divided under this article. 48. APPEALS FROM DECISIONS OF COMMISSION. (1) A person aggrieved by a decision of the Elector al Commission in respect of a demarcation of a boundary, may appeal to a tribunal consisting of three persons appointed by the Chief Justice and the Electoral Commission shall give eff ect to the decision of the tribunal. (2) A person aggrieved by a decision of the tribuna l referred to in clause (1) of this article may appeal to the Court of Appeal whose decision on the matter shall be final. 49. VOTING AT ELECTIONS AND REFERENDA. (1) At any public election or referendum, voting sh all be by secret ballot. (2) Immediately after the close of the poll, the pr esiding officer shall, in the presence of such of the candidates or their representatives and thei r polling agents as are present, proceed to count, at that polling station, the ballot papers o f that station and record the votes cast in favour of each candidate or question. (3) The presiding officer, the candidates or their representatives and, in the case of a referendum, the parties contesting or their agents and the polling agents if any, shall then sign a declaration stating— (a) the polling station; and (b) the number of votes cast in favour of each cand idate or question; and the presiding officer shall, there and then, an nounce the results of the voting at that polling station before communicating them to the re turning officer. (4) Subject to the provisions of this Constitution, an issue for determination by referendum shall not be taken to be determined unless at least thirty-five percent of the persons entitled to vote at the referendum voted and, of the votes cast , at least seventy percent voted in favour of the issue. 50. ELECTION OF CANDIDATES. (1) Subject to the provisions of this Constitution, where at the close of nominations and on the day before a public election— (a) two or more candidates have been nominated, the election shall be held and the candidate who receives the largest number of votes cast shall be declared elected; or (b) only one candidate is nominated, there shall be no election and that candidate shall be declared elected. (2) Where for the purposes of a public election two or more candidates are nominated but at the close of the nominations and on the day before the election, only one candidate stands nominated, a further period of ten days shall be al lowed for nomination of other candidates, and it shall not be lawful for any person nominated within that period of ten days to withdraw his nomination. (3) Where at the close of nominations under clause (2) of this article only one candidate stands nominated, there shall be no election and th at candidate shall be declared elected. (4) Where at the close of nominations, but before t he election, one of the candidates dies, a further period of ten days shall be allowed for nom inations; and where the death occurs at any time within twenty-five days before the election, t he election in that constituency or unit shall be postponed for twenty-one days. 51. REGULATIONS FOR ELECTIONS AND REFERENDA. The Electoral Commission shall, by constitutional i nstrument, make regulations for the effective performance of its functions under this C onstitution or any other law, and in particular, for the registration of voters, the con duct of public elections and referenda, including provision for voting by proxy. 52. REGIONAL AND DISTRICT REPRESENTATIVES OF COMMIS SION. There shall be in every region and district a repre sentative of the Electoral Commission who shall perform such functions as shall be assigned t o him by the Commission. 53. APPOINTMENT OF STAFF OF COMMISSION. The appointment of officers and other employees of the Electoral Commission shall be made by the Commission acting in consultation with the P ublic Services Commission. 54. EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND. The administrative expenses of the Electoral Commis sion including salaries, allowances and pensions payable to, or in respect of persons servi ng with the Commission, shall be charged on the Consolidated Fund. Political Parties 55. ORGANIZATION OF POLITICAL PARTIES. (1) The right to form political parties is hereby g uaranteed. (2) Every citizen of Ghana of voting age has the ri ght to join a political party. (3) Subject to the provisions of this article, a po litical party is free to participate in shaping the political will of the people, to disseminate inform ation on political ideas, social and economic programmes of a national character, and sponsor can didates for elections to any public office other than to District Assemblies or lower local go vernment units. (4) Every political party shall have a national cha racter, and membership shall not be based on ethnic, religious, regional or other sectional divi sions. (5) The internal organization of a political party shall conform to democratic principles and its actions and purposes shall not contravene or be inc onsistent with this Constitution or any other law. (6) An organisation shall not operate as a politica l party unless it is registered as such under the law for the time being in force for the purpose . (7) For purposes of registration, a prospective pol itical party shall furnish the Electoral Commission with a copy of its Constitution and the names and addresses of its national officers; and shall satisfy the Commission that— (a) there is ordinarily resident, or registered as a voter, in each district of Ghana, at least one founding member of the party; (b) the party has branches in all the regions of Gh ana and is, in addition, organised in not less than two-thirds of the districts in each region; an d (c) the party’s name, emblem, colour, motto or any other symbol has no ethnic, regional, religious or other sectional connotation or gives t he appearance that its activities are confined only to a part of Ghana. (8) A political party shall not have as a founding member, a leader or a member of its executive, a person who is not qualified to be elec ted as a member of Parliament or to hold any other public office. (9) The members of the national executive committee of a political party shall be chosen from all the regions of Ghana. (10) Subject to the provisions of this Constitution , every citizen of voting age has the right to participate in political activity intended to influ ence the composition and policies of the Government. (11) The State shall provide fair opportunity to al l political parties to present their programmes to the public by ensuring equal access t o the state-owned media. (12) All presidential candidates shall be given the same amount of time and space on the state-owned media to present their programmes to th e people. (13) Every candidate for election to Parliament has the right to conduct his campaign freely and in accordance with law. (14) Political parties shall be required by law— (a) to declare to the public their revenues and ass ets and the sources of those revenues and assets; and (b) to publish to the public annually their audited accounts. (15) Only a citizen of Ghana may make a contributio n or donation to a political party registered in Ghana. (16) A member of an organisation or interest group shall not be required to join a particular political party by virtue of his membership of the organisation or group. (17) Subject to the provisions of this Chapter, Par liament shall by law regulate the establishment and functioning of political parties. 56. RESTRICTION OF CERTAIN PROPAGANDA. Parliament shall have no power to enact a law to es tablish or authorise the establishment of a body or movement with the right or power to impose on the people of Ghana a common programme or a set of objectives of a religious or political CHAPTER EIGHT THE EXECUTIVE The President 57. THE PRESIDENT OF GHANA. (1) There shall be a President of the Republic of G hana who shall be the Head of State and Head of Government and Commander-in-Chief of the Ar med Forces of Ghana. (2) The President shall take precedence over all ot her persons in Ghana; and in descending order, the Vice-President, the Speaker of Parliamen t and the Chief Justice, shall take precedence over all other persons in Ghana. (3) Before assuming office the President shall take and subscribe before Parliament the oath of allegiance and the presidential oath set out in the Second Schedule to this Constitution. (4) Without prejudice to the provisions of article 2 of this Constitution, and subject to the operation of the prerogative writs, the President s hall not, while in office, be liable to proceedings in any court for the performance of his functions, or for any act done or omitted to be done, or purported to be done, or purported t o have been done or purporting to be done in the performance of his functions, under this Con stitution or any other law. (5) The President shall not, while in office as Pre sident, be personally liable to any civil or criminal proceedings in court. (6) Civil or criminal proceedings may be instituted against a person within three years after his ceasing to be President, in respect of anything done or omitted to be done by him in his personal capacity before or during his term of offi ce notwithstanding any period of limitation except where the proceedings had been legally barre d before he assumed the office of President. 58. EXECUTIVE AUTHORITY OF GHANA. (1) The executive authority of Ghana shall vest in the President and shall be exercised in accordance with the provisions of this Constitution . (2) The executive authority of Ghana shall extend t o the execution and maintenance of this Constitution and all laws made under or continued i n force by this Constitution. (3) Subject to the provisions of this Constitution, the functions conferred on the President by clause (1) of this article may be exercised by him either directly or through officers subordinate to him. (4) Except as otherwise provided in this Constituti on or by a law not inconsistent with this Constitution, all executive acts of Government shal l be expressed to be taken in the name of the President. (5) A constitutional or statutory instrument or any other instrument made, issued or executed in the name of the President shall be authenticated by the signature of a Minister and the validity of any such instrument so authenticated sh all not be called in question on the ground that it is not made, issued or executed by the Pres ident. 59. ABSENCE FROM GHANA. The President shall not leave Ghana without prior n otification in writing, signed by him and addressed to the Speaker of Parliament. 60. THE VICE-PRESIDENT AND SUCCESSION TO THE PRESID ENCY. (1) There shall be a Vice-President of Ghana who sh all perform such functions as may be assigned to him by this Constitution or by the Pres ident. (2) A candidate for the office of Vice-President sh all be designated by the candidate for the office of President before the election of the Pres ident. (3) The provisions of article 62 of this Constituti on apply to a candidate for election as Vice- President. (4) A candidate shall be deemed to be duly elected as Vice-President if the candidate who designated him as candidate for election to the off ice of Vice-President has been duly elected as President in accordance with the provisions of a rticle 63 of this Constitution. (5) The Vice-President shall, before commencing to perform the functions of Vice-President, take and subscribe the oath of allegiance and the V ice-Presidential oath set out in the Second Schedule to this Constitution. (6) Whenever the President dies, resigns or is remo ved from office, the Vice-President shall assume office as President for the unexpired term o f office of the President with effect from the date of the death, resignation or removal of th e President. (7) Where the unexpired term served by the Vice-Pre sident under clause (6) of this article exceeds half the term of a President, the Vice-Pres ident is subsequently only eligible to serve one full term as President. (8) Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the Vice-President sha ll perform the functions of the President until the President returns or is able to perform h is functions. (9) The Vice-President shall, before commencing to perform the functions of the President under clause (6) of this article, take and subscrib e the oath set out in the Second Schedule to this Constitution in relation to the office of Pres ident. (10) The Vice-President shall, upon assuming office as President under clause (6) of this article, nominate a person to the office of Vice-Pr esident subject to approval by Parliament. (11) Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall perf orm those functions until the President or the Vice-President is able to perform those functio ns or a new President assumes office, as the case may be. (12) The Speaker shall, before commencing to perfor m the functions of the President under clause (11) of this article, take and subscribe the oath set out in relation to the office of President. (13) Where the Speaker of Parliament assumes the of fice of President as a result of the death, resignation or removal from office of the President and the Vice-President, there shall be a presidential election within three months after his assumption of office. (14) The provisions of article 69 of this Constitut ion shall apply to the removal from office of the Vice-President. 61. PUBLIC AND PRESIDENTIAL SEALS. There shall be a public seal and a presidential sea l, the use and custody of which shall, subject to the provisions of this Constitution, be regulate d by law. 62. QUALIFICATIONS OF PRESIDENT. A person shall not be qualified for election as the President of Ghana unless— (a) he is a citizen of Ghana by birth; (b) he has attained the age of forty years; and (c) he is a person who is otherwise qualified to be elected a Member of Parliament, except that the disqualifications set out in paragraphs (c ), (d), and (e) of clause (2) of article 94 of this Constitution shall not be removed, in respect of any such person, by a presidential pardon or by the lapse of time as provided for in clause ( 5) of that article. 63. ELECTION OF PRESIDENT. (1) A person shall not be a candidate in a presiden tial election unless he is nominated for election as President by a document which— (a) is signed by him; and (b) is signed by not less than two persons who are registered voters resident in the area of authority of each district assembly; (c) is delivered to the Electoral Commission on or before the day appointed as nomination day in relation to the election; (d) designates a person to serve as Vice-President. (2) The election of the President shall be on the t erms of universal adult suffrage and shall, subject to the provisions of this Constitution, be conducted in accordance with such regulations as may be prescribed by constitutional instrument by the Electoral Commission and shall be held so as to begin— (a) where a President is in office, not earlier tha n four months nor later than one month before his term of office expires; and (b) in any other case, within three months after th e office of President becomes vacant; and shall be held at such place and shall begin on such date as the Electoral Commission shall, by constitutional instrument, specify. (3) A person shall not be elected as President of G hana unless at the presidential election the number of votes cast in his favour is more than fif ty per cent of the total number of valid votes cast at the election. (4) Where at a presidential election there are more than two candidates and no candidate obtains the number or percentage of votes specified in clause (3) of this article a second election shall be held within twenty-one days after the previous election. (5) The candidates for a presidential election held under clause (4) of this article shall be the two candidates who obtained the two highest numbers of votes at the previous election. (6) Where at a presidential election three or more candidates obtain the two highest numbers of votes referred to in clause (5) of this article, then unless there are withdrawals such that only two candidates remain, another election shall be held within twenty-one days after the previous election at which the candidates who obtai ned the two highest numbers of votes shall, subject to any withdrawals, be the only cand idates and the same process shall, subject to any withdrawal, be continued until a President is e lected. (7) A presidential candidate under clause (5) or (6 ) of this article may, by writing under his hand, withdraw his candidature at any time before t he election. (8) If after a second presidential election held un der clause (4) of this article the two candidates obtained an equal number of votes, then, notwithstanding any withdrawal, another election shall be held within twenty-one days after the election at which the two candidates shall be the only candidates and the same process s hall, subject to any withdrawal, be continued until a President is elected. (9) An instrument which— (a) is executed under the hand of the Chairman of t he Electoral Commission and under the seal of the Commission; and (b) states that the person named in the instrument was declared elected as the President of Ghana at the election of the President, shall be prima facie evidence that the person named was so elected. 64. CHALLENGING ELECTION OF PRESIDENT. (1) The validity of the election of the President m ay be challenged only by a citizen of Ghana who may present a petition for the purpose to the S upreme Court within twenty-one days after the declaration of the result of the election in re spect of which the petition is presented. (2) A declaration by the Supreme Court that the ele ction of the President is not valid shall be without prejudice to anything done by the President before the declaration. (3) The Rules of Court Committee shall, by constitu tional instrument, make rules of court for the practice and procedure for petitions to the Sup reme Court challenging the election of a President. 65. PRESIDENTIAL ELECTION REGULATIONS. The Electoral Commission shall, by constitutional i nstrument, make regulations for the purpose of giving effect to article 63 of this Cons titution. 66. TERM OF OFFICE OF PRESIDENT. (1) A person elected as President shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as President. (2) A person shall not be elected to hold office as President of Ghana for more than two terms. (3) The office of President shall become vacant— (a) on the expiration of the period specified in cl ause (1) of this article; or (b) if the incumbent dies or resigns from office or ceases to hold office under article 69 of this Constitution. (4) The President may, by writing signed by him, an d addressed to the Speaker of Parliament, resign from his office as President. 67. PRESIDENTIAL MESSAGES. The President shall, at the beginning of each sessi on of Parliament and before a dissolution of Parliament, deliver to Parliament a message on the state of the nation. 68. CONDITIONS OF OFFICE OF PRESIDENT. (1) The President shall not, while he continues in office as President— (a) hold any other office of profit or emolument wh ether private or public and whether directly or indirectly; or (b) hold the office of chancellor or head of any un iversity in Ghana. (2) The President shall not, on leaving office as P resident, hold any office of profit or emolument, except with the permission of Parliament , in any establishment, either directly or indirectly, other than that of the State. (3) The President shall receive such salary, allowa nces and facilities as may be prescribed by Parliament on the recommendations of the committee referred to in article 71 of this Constitution. (4) On leaving office, the President shall receive a gratuity in addition to pension, equivalent to his salary and other allowances and facilities p rescribed by Parliament in accordance with clause (3) of this article. (5) The salary, allowances, facilities, pensions an d gratuity referred to in clauses (3) and (4) shall be exempt from tax. (6) Where the President is removed from office unde r paragraph (c) of clause (1) of article 69 of this Constitution or resigns, he shall be entitl ed to such pension and other retiring awards and facilities as Parliament may prescribe on the r ecommendation of the Committee referred to in article 71 of this Constitution. (7) The salary and allowances payable to the Presid ent and any pension or gratuity payable to him on leaving office shall be charged on the Conso lidated Fund. (8) The salary, allowances, facilities and privileg es of the President shall not be varied to his disadvantage while he holds office. (9) The pension payable to the President and the fa cilities available to him shall not be varied to his disadvantage during his lifetime. 69. REMOVAL OF PRESIDENT. (1) The President shall be removed from office if h e is found, in accordance with the provisions of this article— (a) to have acted in wilful violation of the oath o f allegiance and the presidential oath set out in the Second Schedule to, or in wilful violation o f any other provision of, this Constitution; or (b) to have conducted himself in a manner— (i) which brings or is likely to bring the high off ice of President into disrepute, ridicule or contempt; or (ii) prejudicial or inimical to the economy or the security of the State; or (c) to be incapable of performing the functions of his office by reason of infirmity of body or mind. (2) For the purposes of the removal from office of the President, a notice in writing— (a) signed by not less than one-third of all the me mbers of Parliament, and (b) stating that the conduct or the physical or men tal capacity of the President be investigated on any of the grounds specified in clause (1) of th is article, shall be given to the Speaker who shall immediately inform the Chief Justice and deliver the notice to him copied to the President. (3) The notice referred to in clause (2) of this ar ticle shall be accompanied by a statement in writing setting out in detail the facts, supported by the necessary documents, on which it is claimed that the conduct or the physical or mental capacity of the President be investigated for the purposes of his removal from office. (4) Subject to clause (5) of this article, the Chie f Justice shall, by constitutional instrument, immediately convene a tribunal consisting of the Ch ief Justice as Chairman and the four most senior Justices of the Supreme Court and the tribun al shall inquire, in camera , whether there is a prima facie case for the removal of the President. (5) Where a notice under clause (2) of this article is delivered to the Chief Justice in respect of the removal from office of the President on the gro unds of physical or mental incapacity, the Chief Justice shall, in consultation with the profe ssional head of the Ghana Health Services, cause a medical board to be convened which shall co nsist of not less than four eminent medical specialists and the President shall be info rmed accordingly. (6) The President shall be invited to submit himsel f for examination by the medical board within fourteen days after the appointment of the b oard. (7) The President shall be entitled during the proc eedings of the tribunal or of the medical board to be heard in his defence by himself or by a lawyer or other expert or person as the case may be, of his own choice. (8) The Rules of Court Committee shall, by constitu tional instrument, make rules for the practice and procedure of the tribunal or of the me dical board for the removal of the President. (9) Where the tribunal or medical board specified i n clauses (4) and (5) of this article determines that there is a prima facie case for the removal of the President or that the President is by reason of physical or mental incapa city unable to perform the functions of his office, the findings shall immediately be submitted to the Speaker of Parliament through the Chief Justice and copied to the President. (10) Parliament shall, within fourteen days after t he date of the findings of the tribunal or medical board, move a resolution whether or not the President shall be removed from office. (11) The resolution for the removal from office of the President shall be by a secret ballot and shall be taken to be approved by Parliament if supp orted by the votes of not less than two- thirds of all the members of Parliament after prior debate. (12) The proceedings of Parliament for the removal of the President shall not be held in camera except where Parliament otherwise orders in the in terest of national security. (13) The President shall cease to hold office as Pr esident on the date Parliament decides that he be removed from office. 70. APPOINTMENTS BY PRESIDENT. (1) The President shall, acting in consultation wit h the Council of State, appoint— (a) the Commissioner for Human Rights and Administr ative Justice and his Deputies; (b) the Auditor-General; (c) the District Assemblies Common Fund Administrat or; (d) the Chairmen and other members of— (i) the Public Services Commission; (ii) the Lands Commission; (iii) the governing bodies of public corporations; (iv) a National Council for Higher Education howsoe ver described; and (e) the holders of such other offices as may be pre scribed by this Constitution or by any other law not inconsistent with this Constitution. (2) The President shall, acting on the advice of th e Council of State, appoint the Chairman, Deputy Chairmen, and other members of the Electoral Commission. 71. DETERMINATION OF CERTAIN EMOLUMENTS. (1) The salaries and allowances payable, and the fa cilities and privileges available, to— (a) the Speaker and Deputy Speakers and members of Parliament; (b) the Chief Justice and the other Justices of the Superior Court of Judicature; (c) the Auditor-General, the Chairman and Deputy Ch airmen of the Electoral Commission, the Commissioner for Human Rights and Administrativ e Justice and his Deputies and the District Assemblies Common Fund Administrator; (d) the Chairman, Vice-Chairman and the other membe rs of— (i) a National Council for Higher Education howsoev er described; (ii) the Public Services Commission; (iii) the National Media Commission; (iv) the Lands Commission; and (v) the National Commission for Civic Education; being expenditure charged on the Consolidated Fund, shall be determined by the President on the recommendations of a committee of not more than five persons appointed by the President, acting in accordance with the advice of the Council of State. (2) The salaries and allowances payable, and the fa cilities available, to the President, the Vice-President, the chairman and the other members of the Council of State; Ministers of State and Deputy Ministers, being expenditure charg ed on the Consolidated Fund, shall be determined by Parliament on the recommendations of the committee referred to in clause (1) of this article. (3) For the purposes of this article, and except as otherwise provided in this Constitution, “salaries” includes allowances, facilities and priv ileges and retiring benefits or awards. 72. PREROGATIVE OF MERCY. (1) The President may, acting in consultation with the Council of State— (a) grant to a person convicted of an offence a par don either free or subject to lawful conditions; or (b) grant to a person a respite, either indefinite or for a specified period, from the execution of punishment imposed on him for an offence; or (c) substitute a less severe form of punishment for a punishment imposed on a person for an offence; or (d) remit the whole or part of a punishment imposed on a person or of a penalty or forfeiture otherwise due to Government on account of any offen ce. (2) Where a person is sentenced to death for an off ence, a written report of the case from the trial judge or judges, together with such other inf ormation derived from the record of the case or elsewhere as may be necessary, shall be submitte d to the President. (3) For the avoidance of doubt, it is hereby declar ed that a reference in this article to a conviction or the imposition of a punishment, penal ty, sentence or forfeiture includes a conviction or the imposition of a punishment, penal ty, sentence or forfeiture by a court- martial or other military tribunal. International Relations 73. INTERNATIONAL RELATIONS. The Government of Ghana shall conduct its internati onal affairs in consonance with the accepted principles of public international law and diplomacy in a manner consistent with the national interest of Ghana. 74. DIPLOMATIC REPRESENTATION. (1) The President shall, acting in consultation wit h the Council of State, appoint persons to represent Ghana abroad. (2) The President may receive envoys accredited to Ghana. 75. EXECUTION OF TREATIES. (1) The President may execute or cause to be execut ed treaties, agreements or conventions in the name of Ghana. (2) A treaty, agreement or convention executed by o r under the authority of the President shall be subject to ratification by— (a) Act of Parliament; or (b) a resolution of Parliament supported by the vot es of more than one-half of all the members of Parliament. The Cabinet 76. THE CABINET. (1) There shall be a Cabinet which shall consist of the President, the Vice-President and not less than ten and not more than nineteen Ministers of State. (2) The Cabinet shall assist the President in the d etermination of general policy of the Government. (3) There shall be a Secretary to the Cabinet who s hall be appointed by the President. 77. MEETINGS OF THE CABINET. (1) The Cabinet shall be summoned by the President who shall preside at all its meetings; and in the absence of the President, the Vice-President shall preside. (2) The Cabinet shall regulate the procedure at its meetings. 78. MINISTERS OF STATE. (1) Ministers of State shall be appointed by the Pr esident with the prior approval of Parliament from among members of Parliament or pers ons qualified to be elected as members of Parliament, except that the majority of Minister s of State shall be appointed from among members of Parliament. (2) The President shall appoint such number of Mini sters of State as may be necessary for the efficient running of the State. (3) A Minister of State shall not hold any other of fice of profit or emolument whether private or public and whether directly or indirectly unless otherwise permitted by the Speaker acting on the recommendations of a committee of Parliament on the ground— (a) that holding that office will not prejudice the work of a Minister; and (b) that no conflict of interest arises or would ar ise as a result of the Minister holding that office. 79. DEPUTY MINISTERS. (1) The President may, in consultation with a Minis ter of State, and with the prior approval of Parliament, appoint one or more Deputy Ministers to assist the Minister in the performance of his functions. (2) A person shall not be appointed a Deputy Minist er unless he is a Member of Parliament or is qualified to be elected as a member of Parliamen t. (3) Clause (3) of article 78 applies to a Deputy Mi nister as it applies to a Minister of State. 80. OATHS. A Minister of State or Deputy Minister shall not en ter upon the duties of his office unless he has taken and subscribed the oath of allegiance, th e oath of Minister of State and the Cabinet oath, as the case may be, set out in the Second Sch edule to this Constitution. 81. TENURE OF OFFICE OF MINISTERS, ETC. The office of a Minister of State or a Deputy Minis ter shall become vacant if— (a) his appointment is revoked by the President; or (b) he is elected as Speaker or Deputy Speaker; or (c) he resigns from office; or (d) he dies. 82. VOTE OF CENSURE. (1) Parliament may, by a resolution supported by th e votes of not less than two-thirds of all the members of Parliament, pass a vote of censure o n a Minister of State. (2) A motion for the resolution referred to in clau se (1) of this article shall not be moved in Parliament unless— (a) seven days’ notice has been given of the motion ; and (b) the notice for the motion has been signed by no t less than one-third of all the members of Parliament; (3) The motion shall be debated in Parliament withi n fourteen days after the receipt by the Speaker of the notice for the motion. (4) A Minister of State in respect of whom a vote o f censure is debated under clause (3) of this article is entitled, during the debate, to be heard in his defence. (5) Where a vote of censure is passed against a Min ister under this article the President may, unless the Minister resigns his office, revoke his appointment as a Minister. (6) For the avoidance of doubt this article applies to a Deputy Minister as it applies to a Minister of State. The National Security Council 83. THE NATIONAL SECURITY COUNCIL. (1) There shall be a National Security Council whic h shall consist of— (a) the President; (b) the Vice-President; (c) the Ministers for the time being holding the po rtfolios of foreign affairs, defence, interior, and finance and such other Ministers as the Preside nt may determine; (d) the Chief of Defence Staff and two other member s of the Armed Forces; (e) the Inspector-General of Police and two other m embers of the Police Service, one of whom shall be the Commissioner of Police responsibl e for Criminal Investigations Department; (f) the Director-General of the Prisons Service; (g) the Director of External Intelligence; (h) the Director of Internal Intelligence; (i) the Director of Military Intelligence; (j) the Commissioner of Customs, Excise and Prevent ive Service; and (k) three persons appointed by the President. (2) The President shall preside at meetings of the National Security Council and in his absence the Vice-President shall preside. (3) The President may, acting in consultation with the National Security Council, invite such persons as he considers necessary for any deliberat ions of the Council. (4) A person invited to participate in the delibera tions of the Council under clause (3) of this article shall not vote on any matter for decision b efore the Council. (5) The National Security Council shall regulate th e procedure at its meetings. (6) The Secretary to the Cabinet shall be the Secre tary to the National Security Council. 84. FUNCTIONS OF THE NATIONAL SECURITY COUNCIL. The functions of the National Security Council incl ude— (a) considering and taking appropriate measures to safeguard the internal and external security of Ghana; (b) ensuring the collection of information relating to the security of Ghana and the integration of the domestic, foreign and security policies rela ting to it so as to enable the security services and other departments and agencies of the Governmen t to co-operate more effectively in matters relating to national security; (c) assessing and appraising the objectives, commit ments and risks of Ghana in relation to the actual and potential military power in the interest of national security; and (d) taking appropriate measures regarding the consi deration of policies on matters of common interest to the departments and agencies of the Gov ernment concerned with national security. 85. ESTABLISHMENT OF SECURITY SERVICES. No agency, establishment or other organization conc erned with national security shall be established except as provided for under this Const itution. National Development Planning Commission 86. NATIONAL DEVELOPMENT PLANNING COMMISSION. (1) There shall be a National Development Planning Commission. (2) The Commission shall consist of— (i) a Chairman who shall be appointed by the Presid ent in consultation with the Council of State; (ii) the Minister responsible for finance and such other Ministers of State as the President may appoint; (iii) the Government Statistician; (iv) the Governor of the Bank of Ghana; (v) one representative from each region of Ghana ap pointed by the Regional Co-ordinating Council of the region; (vi) such other persons as may be appointed by the President having regard to their knowledge and experience of the relevant areas and roles pert aining to development, economic, social, environmental and spatial planning. (3) The National Development Planning Commission sh all be responsible to the President. 87. FUNCTIONS OF NATIONAL DEVELOPMENT PLANNING COMM ISSION. (1) The Commission shall advise the President on de velopment planning policy and strategy. (2) The Commission shall, at the request of the Pre sident or Parliament, or on its own initiative— (a) study and make strategic analyses of macro-econ omic and structural reform options; (b) make proposals for the development of multi-yea r rolling plans taking into consideration the resource potential and comparative advantage of the different districts of Ghana; (c) make proposals for the protection of the natura l and physical environment; (d) make proposals for ensuring the even developmen t of the districts of Ghana by the effective utilisation of available resources; and (e) monitor, evaluate and co-ordinate development p olicies, programmes and projects. (3) The Commission shall also perform such other fu nctions relating to development planning as the President may direct. The Attorney-General 88. THE ATTORNEY-GENERAL. (1) There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Government. (2) The Attorney-General shall discharge such other duties of a legal nature as may be referred or assigned to him by the President, or im posed on him by this Constitution or any other law. (3) The Attorney-General shall be responsible for t he initiation and conduct of all prosecutions of criminal offences. (4) All offences prosecuted in the name of the Repu blic of Ghana shall be at the suit of the Attorney-General or any other person authorised by him in accordance with any law. (5) The Attorney-General shall be responsible for t he institution and conduct of all civil cases on behalf of the State; and all civil proceedings a gainst the State shall be instituted against the Attorney-General as defendant. (6) The Attorney-General shall have audience in all courts in Ghana. CHAPTER NINE THE COUNCIL OF STATE 89. THE COUNCIL OF STATE. (1) There shall be a Council of State to counsel th e President in the performance of his functions. (2) The Council of State shall consist of— (a) the following persons appointed by the Presiden t in consultation with Parliament— (i) one person who has previously held the office o f Chief Justice; (ii) one person who has previously held the office of Chief of Defence Staff of the Armed Forces of Ghana; (iii) one person who has previously held the office of Inspector-General of Police; (b) the President of the National House of Chiefs; (c) one representative from each region of Ghana el ected, in accordance with regulations made by the Electoral Commission under article 51 o f this Constitution, by an electoral college comprising two representatives from each of the districts in the region nominated by the District Assemblies in the region; and (d) eleven other members appointed by the President . (3) The Council of State shall elect a chairman fro m among its members. (4) A member of the Council of State shall, at the first meeting of the Council which he attends, take and subscribe the oath of secrecy and the oath of a member of the Council of State set out in the Second Schedule to this Consti tution. (5) A member of the Council of State shall hold off ice until the end of the term of office of the President unless— (a) that member resigns by writing signed by him an d addressed to the President; or (b) becomes permanently incapacitated; or (c) is removed from office or dies. (6) The appointment of a member of the Council of S tate may be terminated by the President on grounds of stated misbehaviour or of inability t o perform his functions arising from infirmity of body or mind, and with the prior appro val of Parliament. (7) The Chairman and members of the Council of Stat e shall be entitled to such allowances and privileges as may be determined in accordance w ith article 71 of this Constitution. (8) The allowances and privileges of the Chairman a nd other members of the Council of State shall be charged on the Consolidated Fund and shall not be varied to their disadvantage while they hold office. 90. CONSIDERATION OF BILLS BY THE COUNCIL OF STATE. (1) A bill which has been published in the Gazette or passed by Parliament shall be considered by the Council of State if the President so requests. (2) A request from the President for consideration of a bill may be accompanied by a statement setting forth the amendments or changes, if any, which the President proposes for consideration by the Council of State. (3) Consideration of a bill under clause (1) of thi s article shall be completed within thirty days after the third reading in Parliament of that bill except that where the bill was passed under a certificate of urgency, the Council of State shall consider it and report to the President within seventy-two hours. (4) Where the Council of State decides not to propo se an amendment to a bill the Chairman shall, within seven days after the decision of the Council, transmit the bill with a certificate to that effect addressed to the President. (5) Where the Council of State decides to propose a mendments to a bill, the bill, with a memorandum setting forth the amendments proposed on the bill, shall be transmitted by the chairman to the President within fifteen days after the conclusion of the consideration by the Council of State. 91. OTHER FUNCTIONS OF THE COUNCIL. (1) The Council of State shall consider and advise the President or any other authority in respect of any appointment which is required by thi s Constitution or any other law to be made in accordance with the advice of, or in consultatio n with, the Council of State. (2) The advice referred to in clause (1) of this ar ticle shall be given not later than thirty days after the receipt of the request from the President or other authority. (3) The Council of State may, upon request or on it s own initiative, consider and make recommendations on any matter being considered or d ealt with by the President, a Minister of State, Parliament or any other authority establishe d by this Constitution except that the President, Minister of State, Parliament or other a uthority shall not be required to act in accordance with any recommendation made by the Coun cil of State under this clause. (4) The Council of State shall perform such other f unctions as may be assigned to it by this Constitution or any other law not inconsistent with this Constitution. 92. MEETINGS OF COUNCIL OF STATE. (1) The Council of State shall meet for the dispatc h of business at least four times in a year at such time and place as the Chairman may determine. (2) The Council of State shall also meet if request ed by— (a) the President; or (b) Parliament; or (c) not less than five members of the Council. (3) The Council of State shall hold its meetings in camera but may admit the public to any meetings whenever it considers it appropriate. (4) The Chairman of the Council of State shall pres ide at every meeting of the Council, and in his absence, a member of the Council elected by the members of the Council shall preside. (5) A question for decision by the Council of State shall not be proposed for determination unless there are present in the Council more than o ne-half of all the members of the Council. (6) Except as otherwise provided in this Constituti on, the question proposed shall be determined by the majority of the members present a nd voting. (7) The Council of State may, at any time, appoint any committees it considers appropriate and assign to them any matter or investigation whic h the Council may determine. (8) The Council of State may, with the approval of the President, commission experts and consultants to advise it or to assist it in dealing with any specific issue on such terms and conditions as it may determine. (9) A member of the Council of State who is a party to, or is a partner in, a firm which is a party to a contract with the Government shall, in a ny proceedings in the Council of State relating to that contract, declare his interest or the interest of that firm and shall not vote on any question relating to that contract. (10) The proceedings of the Council of State shall not be invalidated by— (a) a vacancy in its membership, including a vacanc y not filled when the Council first meets; and (b) the presence or participation of a person not e ntitled to be present or to participate in the proceedings of the Council. (11) Subject to the provisions of this Constitution , the Council of State may regulate its own procedure. CHAPTER TEN THE LEGISLATURE Composition of Parliament 93. THE PARLIAMENT OF GHANA. (1) There shall be a Parliament of Ghana which shal l consist of not less than one hundred and forty elected members. (2) Subject to the provisions of this Constitution, the legislative power of Ghana shall be vested in Parliament and shall be exercised in acco rdance with this Constitution. 94. QUALIFICATIONS AND ELIGIBILITY. (1) Subject to the provisions of this article, a pe rson shall not be qualified to be a member of Parliament unless— (a) he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter; (b) he is resident in the constituency for which he stands as a candidate for election to Parliament or has resided there for a total period of not less than five years out of the ten years immediately preceding the election for which he sta nds, or he hails from that constituency; and (c) he has paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes. (2) A person shall not be qualified to be a member of Parliament if he— (a) owes allegiance to a country other than Ghana; or (b) has been adjudged or otherwise declared— (i) bankrupt under any law in force in Ghana and ha s not been discharged; or (ii) to be of unsound mind or is detained as a crim inal lunatic under any law in force in Ghana; or (c) has been convicted— (i) for high crime under this Constitution or high treason or treason or for an offence involving the security of the State, fraud, dishone sty or moral turpitude; or (ii) for any other offence punishable by death or b y a sentence of not less than ten years; or (iii) for an offence relating to, or connected with election under a law in force in Ghana at any time; or (d) has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or is a person in respect of whom a commission or committee of inquiry has found that while being a public officer he acqu ired assets unlawfully or defrauded the State or mis-used or abused his office, or wilfully acted in a manner prejudicial to the interest of the State, and the findings have not been set as ide on appeal or judicial review; or (e) is under sentence of death or other sentence of imprisonment imposed on him by any court; or (f) is not qualified to be registered as a voter un der any law relating to public elections; or (g) is otherwise disqualified by a law in force at the time of the coming into force of this Constitution, not being inconsistent with a provisi on of this Constitution. (3) A person shall not be eligible to be a member o f Parliament if he— (a) is prohibited from standing election by a law i n force in Ghana by reason of his holding or acting in an office the functions of which involve a responsibility for or are connected with the conduct of, an election or responsibility for, the compilation or revision of an electoral register; or (b) is a member of the Police Service, the Prisons Service, the Armed Forces, the Judicial Service, the Legal Service, the Civil Service, the Audit Service, the Parliamentary Service, the Statistical Service, the Fire Service, the Customs, Excise and Preventive Service, the Immigration Service, or the Internal Revenue Servic e; or (c) is a chief. (4) For the purposes of paragraph (d) of clause (2) of this article, in the case of any finding made by a commission or committee of inquiry which is not a judicial or quasi-judicial commission or committee of inquiry, without prejudi ce to any appeal against or judicial review of that finding, the finding shall not have the effect of disqualifying a person under that paragraph unless it has been confirmed by a Go vernment white paper. (5) A person shall not be taken to be disqualified to be a member of Parliament under paragraph (c) or (d) of clause (2) of this article if— (a) ten years or more have passed since the end of the sentence or the date of the publication of the report of the commission or committee of inq uiry; or (b) he has been pardoned. 95. THE SPEAKER. (1) There shall be a Speaker of Parliament who shal l be elected by the members of Parliament from among persons who are members of Parliament or who are qualified to be elected as members of Parliament. (2) The Speaker shall vacate his office— (a) if he becomes a Minister of State or a Deputy M inister; or (b) if he resigns from office by writing signed by him and addressed to the Clerk to Parliament; or (c) if any circumstances arise that, if he were not Speaker, would disqualify him for election as a member of Parliament; or (d) if he is removed from office by a resolution of Parliament supported by the votes of not less than three-quarters of all the members of Parl iament. (3) No business shall be transacted in Parliament o ther than an election to the office of Speaker, at any time when the office of Speaker is vacant. (4) A person elected to the office of Speaker shall , before entering upon the duties of his office, take and subscribe before Parliament the oa th of allegiance and the Speaker’s oath set out in the Second Schedule to this Constitution. (5) The Speaker shall receive such salary and allow ances, and on retirement, such retiring awards as may be determined in accordance with arti cle 71 of this Constitution. (6) The salary and allowances payable to the Speake r and any retiring awards payable to him on retirement shall be charged on the Consolidated Fund. (7) The salary and other allowances payable to the Speaker shall not be varied to his disadvantage during his tenure of office. 96. DEPUTY SPEAKERS. (1) There shall be two Deputy Speakers of Parliamen t— (a) who shall be elected by the members of Parliame nt from among the members of Parliament; and (b) both of whom shall not be members of the same p olitical party. (2) The members of Parliament shall elect a person to the office of Deputy Speaker when Parliament first meets after a dissolution of Parli ament and if the office becomes vacant otherwise than by reason of a dissolution of Parlia ment, at the first sitting of Parliament after the office becomes vacant. (3) The provisions of clause (2) of article 95 of t his Constitution shall apply in the case of a Deputy Speaker. 97. TENURE OF OFFICE OF MEMBERS. (1) A member of Parliament shall vacate his seat in Parliament— (a) upon a dissolution of Parliament; or (b) if he is elected as Speaker of Parliament; or (c) if he is absent, without the permission in writ ing of the Speaker and he is unable to offer a reasonable explanation to the Parliamentary Committ ee on Privileges from fifteen sittings of a meeting of Parliament during any period that Parlia ment has been summoned to meet and continues to meet; or (d) if he is expelled from Parliament after having been found guilty of contempt of Parliament by a committee of Parliament; or (e) if any circumstances arise such that, if he wer e not a member of Parliament, would cause him to be disqualified or ineligible for election, under article 94 of this Constitution; or (f) if he resigns from office as a member of Parlia ment by writing under his hand addressed to the Speaker; or (g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or (h) if he was elected a member of Parliament as an independent candidate and joins a political party (2) Notwithstanding paragraph (g) of clause (1) of this article, a merger of parties at the national level sanctioned by the parties’ Constitut ions or membership of a coalition government of which his original party forms part, shall not affect the status of any member of Parliament. 98. EMOLUMENTS OF MEMBERS. (1) A member of Parliament shall be paid such salar y and allowances and provided with such facilities as may be determined in accordance with article 71 of this Constitution. (2) A member of Parliament shall not hold any offic e of profit or emolument, whether private or public and either directly or indirectly, unless permitted to do so by the Speaker acting on the recommendations of a committee of Parliament on the grounds that— (a) holding that office will not prejudice the work of a member of Parliament; and (b) no conflict of interest arises or would arise a s a result of the member holding that office. 99. DETERMINATION OF MEMBERSHIP. (1) The High Court shall have jurisdiction to hear and determine any question whether— (a) a person has been validly elected as a member o f Parliament or the seat of a member has become vacant; or (b) a person has been validly elected as a Speaker of Parliament or, having been so elected, has vacated the office of Speaker. (2) A person aggrieved by the determination of the High Court under this article may appeal to the Court of Appeal. Procedure in Parliament 100. OATH OF MEMBERS. (1) A member of Parliament shall, before taking his seat in Parliament, take and subscribe before the Speaker and in the presence of the membe rs of Parliament, the oath of allegiance and the oath of a member of Parliament set out in t he Second Schedule to this Constitution. (2) A member of Parliament may, before taking the o aths referred to in clause (1) of this article, take part in the election of the Speaker. 101. PRESIDING IN PARLIAMENT. The Speaker shall preside in Parliament at all sitt ings and in his absence a Deputy Speaker shall preside. 102. QUORUM IN PARLIAMENT. A quorum of Parliament, apart from the person presi ding, shall be one-third of all the members of Parliament. 103. COMMITTEES OF PARLIAMENT. (1) Parliament shall appoint standing committees an d other committees as may be necessary for the effective discharge of its functions. (2) The standing committees shall be appointed at t he first meeting of Parliament after the election of the Speaker and the Deputy Speakers. (3) Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and a dministration of ministries and departments as Parliament may determine; and such investigation and inquiries may extend to proposals for legislation. (4) Every member of Parliament shall be a member of at least one of the standing committees. (5) The composition of the committees shall, as muc h as possible, reflect the different shades of opinion in Parliament. (6) A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for— (a) enforcing the attendance of witnesses and exami ning them on oath, affirmation or otherwise; (b) compelling the production of documents; and (c) issuing a commission or request to examine witn esses abroad. 104. VOTING IN PARLIAMENT. (1) Except as otherwise provided in this Constituti on, matters in Parliament shall be determined by the votes of the majority of members present and voting, with at least half of all the members of Parliament present. (2) The Speaker shall have neither an original nor casting vote. (3) Where the votes on any motion are equal it shal l be taken to be lost. (4) Where Parliament is considering a bill to amend the Constitution, or where the voting is in relation to the election or removal of any person u nder this Constitution or under any other law, voting shall be in secret. (5) A member who is a party to or a partner in a fi rm which is a party to a contract with the Government shall declare his interest and shall not vote on any question relating to the contract. 105. UNQUALIFIED PERSON SITTING OR VOTING. A person who sits or votes in Parliament knowing or having reasonable grounds for knowing that he is not entitled so to do commits an offence and shall be liable on conviction, to such penalty as shall be prescribed by or under an Act o f Parliament. 106. MODE OF EXERCISING LEGISLATIVE POWER. (1) The power of Parliament to make laws shall be e xercised by bills passed by Parliament and assented to by the President. (2) No bill, other than such a bill as is referred to in paragraph (a) of article 108 of this Constitution, shall be introduced in Parliament unl ess— (a) it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and (b) it has been published in the Gazette at least fourteen days before the date of its introduction in Parliament. (3) A bill affecting the institution of chieftaincy shall not be introduced in Parliament without prior reference to the National House of Chiefs. (4) Whenever a bill is read the first time in Parli ament, it shall be referred to the appropriate committee appointed under article 103 of this Const itution which shall examine the bill in detail and make all such inquiries in relation to i t as the committee considers expedient or necessary. (5) Where a bill has been deliberated upon by the a ppropriate committee, it shall be reported to Parliament. (6) The report of the committee, together with the explanatory memorandum to the bill, shall form the basis for a full debate on the bill for it s passage, with or without amendments, or its rejection, by Parliament. (7) Where a bill passed by Parliament is presented to the President for assent he shall signify, within seven days after the presentation, to the Sp eaker that he assents to the bill or that he refuses to assent to the bill, unless the bill has been referred by the President to the Council of State under article 90 of this Constitution. (8) Where the President refuses to assent to a bill , he shall, within fourteen days after the refusal— (a) state in a memorandum to the Speaker any specif ic provisions of the bill which in his opinion should be reconsidered by Parliament, inclu ding his recommendations for amendments if any; or (b) inform the Speaker that he has referred the bil l to the Council of State for consideration and comment under article 90 of this Constitution. (9) Parliament shall reconsider a bill taking into account the comments made by the President or the Council of State, as the case may be, under clause (8) of this article. (10) Where a bill reconsidered under clause (9) of this article is passed by Parliament by a resolution supported by the votes of not less than two-thirds of all the members of Parliament, the President shall assent to it within thirty days after the passing of the resolution. (11) Without prejudice to the power of Parliament t o postpone the operation of a law, a bill shall not become law until it has been duly passed and assented to in accordance with the provisions of this Constitution and shall not come into force unless it has been published in the Gazette . (12) The provisions of clauses (7) to (10) of this article shall not apply to a bill certified by the Speaker as a bill to which the provisions of articl e 108 of this Constitution apply; and accordingly, the President shall give his assent to any such bill when presented for assent. (13) Where it is determined by a committee of Parli ament appointed for the purpose that a particular bill is of an urgent nature, the provisi ons of the preceding clauses of this article, other than clause (1) and paragraph (a) of clause ( 2) shall not apply, and accordingly, the President shall give his assent to the bill on its presentation for assent. (14) A bill introduced in Parliament by or on behal f of the President shall not be delayed for more than three months in any committee of Parliame nt. 107. RETROACTIVE LEGISLATION. Parliament shall have no power to pass any law— (a) to alter the decision or judgment of any court as between the parties subject to that decision or judgment; or (b) which operates retrospectively to impose any li mitations on, or to adversely affect the personal rights and liberties of any person or to i mpose a burden, obligation or liability on any person except in the case of a law enacted under ar ticles 178 to 182 of this Constitution. 108. SETTLEMENT OF FINANCIAL MATTERS. Parliament shall not, unless the bill is introduced or the motion is introduced by, or on behalf of, the President— (a) proceed upon a bill including an amendment to a bill, that, in the opinion of the person presiding, makes provision for any of the following — (i) the imposition of taxation or the alteration of taxation otherwise than by reduction; or (ii) the imposition of a charge on the Consolidated Fund or other public funds of Ghana or the alteration of any such charge otherwise than by red uction; or (iii) the payment, issue or withdrawal from the Con solidated Fund or other public funds of Ghana of any moneys not charged on the Consolidated Fund or any increase in the amount of that payment, issue or withdrawal; or (iv) the composition or remission of any debt due t o the Government of Ghana; or (b) proceed upon a motion, including an amendment t o a motion, the effect of which, in the opinion of the person presiding, would be to make p rovision for any of the purposes specified in paragraph (a) of this article. 109. PROFESSIONAL ORGANISATIONS. (1) Parliament may by law regulate professional, tr ade and business organisations. (2) The affairs of an organisation referred to in c lause (1) of this article shall be conducted on democratic lines. 110. STANDING ORDERS OF PARLIAMENT. (1) Subject to the provisions of this Constitution, Parliament may, by standing orders, regulate its own procedure. (2) Parliament may act notwithstanding a vacancy in its membership, including a vacancy not filled when Parliament first meets after a dissolut ion of Parliament; and the presence or the participation of a person not entitled to be presen t or to participate in the proceedings of Parliament shall not invalidate these proceedings. 111. ATTENDANCE IN PARLIAMENT OF VICE-PRESIDENT AND MINISTERS. The Vice-President, or a Minister or Deputy Ministe r who is not a member of Parliament, shall be entitled to participate in the proceedings of Parliament and shall be accorded all the privileges of a member of Parliament except that he is not entitled to vote or to hold an office in Parliament. Summoning, Dissolution, etc. 112. SESSIONS OF PARLIAMENT. (1) A session of Parliament shall be held at such p lace within Ghana and shall commence at such time as the Speaker may, by constitutional ins trument, appoint. (2) A session of Parliament shall be held at least once a year, so that the period between the last sitting of Parliament in one session and the f irst sitting of Parliament in the next session does not amount to twelve months. (3) Notwithstanding any other provision of this art icle, fifteen percent of members of Parliament may request a meeting of Parliament; and the Speaker shall, within seven days after the receipt of the request, summon Parliament . (4) Subject to clause (2) of article 113 of this Co nstitution, a general election of members of Parliament shall be held within thirty days before the expiration of the period specified in clause (1) of that article; and a session of Parlia ment shall be appointed to commence within fourteen days after the expiration of that period. 3[(5) Whenever a vacancy occurs in Parliament, the C lerk of Parliament shall notify the Electoral Commission in writing within seven days a fter becoming aware that the vacancy has occurred; and a by-election shall be held within th irty days after the vacancy occurred except that where the vacancy occurred through the death o f a member, the by-election shall be held within sixty days after the occurrence of the vacan cy.] (6) Notwithstanding clause (5) of this article, a b y-election shall not be held within three months before the holding of a general election. 113. DISSOLUTION OF PARLIAMENT. (1) Subject to clause (2) of this article, Parliame nt shall continue for four years from the date of its first sitting and shall then stand dissolved . (2) At any time when Ghana is actually engaged in w ar, Parliament may, from time to time by resolution supported by the votes of not less than two-thirds of all the members of Parliament, extend the period of four years specified in clause (1) of this article for not more than twelve months at a time, except that the life of Parliamen t shall not be extended under this clause for more than four years. (3) Where, after a dissolution of Parliament but be fore the holding of a general election, the President is satisfied that owing to the existence of a state of war or of a state of public emergency in Ghana or any part of Ghana, it is nece ssary to recall Parliament, the President shall cause to be summoned the Parliament that has been dissolved to meet. (4) Unless the life of Parliament is extended under the provisions of clause (2) of this article, the general election of members of Parliament shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stan d dissolved on the date appointed for the general election. 4[114. GRATUITIES FOR MEMBERS OF PARLIAMENT. A person who has served as a member of Parliament f or any period of time shall, on his death or on his ceasing to be a member of Parliament in a ny circumstance, other than where he becomes disqualified as a member of Parliament, or where he vacates his office under article 97 (1) (c) or (d) , be eligible for the payment to his personal repre sentatives or to him of such gratuity proportionate to his period of service as shall be determined by the President, acting in consultation with the Committee referred to in a rticle 71 of this Constitution.] Privileges and Immunities 115. FREEDOM OF SPEECH AND OF PROCEEDINGS. There shall be freedom of speech, debate and procee dings in Parliament and that freedom shall not be impeached or questioned in any court o r place out of Parliament. 116. IMMUNITY FROM PROCEEDINGS FOR ACTS IN PARLIAME NT. (1) Subject to the provisions of this article, but without prejudice to the general effect of