Indexed passage in the Constitution of Ghana

P.N.D.C.L. 282 CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA (PROMULGATION) LAW, 1992 WHEREAS by the Consultative Assembly Law, 1991 (P.N .D.C.L. 253) the Provisional National Defence Council set up a Consultative Asse mbly to prepare a draft Constitution for the administration of Ghana; WHEREAS the Consultative Assembly submitted the draft Cons titution for the Republic of Ghana to the P.N.D.C. on 31st March, 1992; WHEREAS the said draft Constitution was submitted to a nat ional referendum held throughout Ghana on the 28th April, 1992; AND WHEREAS the people of Ghana approved the said Constitution for the administration of Ghana to come into force on 7th day of January, 199 3. NOW THEREFORE IN pursuance of the Provisional National Defence Coun cil (Establishment) Proclamation 1981, this Law is hereby made: 1. COMMENCEMENT OF THE CONSTITUTION. The Constitution approved at the Referendum held on 28th April, 1992 and set out in the Schedule to this Law shall come into force on the 7 th day of January, 1993. 2. PRINTING OF CONSTITUTION. Whenever it becomes necessary for the Constitution to be printed the Government Printer may omit all parts of this Law and the Constitution as so printed shall, subject to section 1 of this Law have the force of law notwithstanding the omission. SCHEDULE CONSTITUTION OF THE REPUBLIC OF GHANA, 1992 REPUBLIC OF GHANA CONSTITUTION OF THE REPUBLIC OF GHANA 1992 ARRANGEMENT OF CHAPTERS THE PREAMBLE CHAPTER 1. THE CONSTITUTION 2. TERRITORIES OF GHANA 3. CITIZENSHIP 4. THE LAWS OF GHANA 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS General Emergency Powers Protection of Rights by the Courts 6. THE DIRECTIVE PRINCIPLES OF STATE POLICY 7. REPRESENTATION OF THE PEOPLE Right to Vote Electoral Commission Political Parties 8. THE EXECUTIVE The President International Relations The Cabinet The National Security Council National Development Planning Commission The Attorney-General 9. THE COUNCIL OF STATE 10. THE LEGISLATURE Composition of Parliament Procedure in Parliament Summoning, Dissolution, etc. Privileges and Immunities Contempt of Parliament The Parliamentary Service 11. THE JUDICIARY General The Supreme Court The Court of Appeal The High Court Regional Tribunals Appointment, retirement and removal of Justices of Superior Courts and Chairmen and other members of Regional Tribunals. Appointment, retirement and removal of Judicial Off icers The Judicial Council Miscellaneous 12. FREEDOM AND INDEPENDENCE OF THE MEDIA 13. FINANCE General Statistical Service The Auditor-General The Audit Service 14. THE PUBLIC SERVICES 15. THE POLICE SERVICE 16. THE PRISONS SERVICE 17. GHANA ARMED FORCES OF GHANA 18. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE J USTICE 19. NATIONAL COMMISSION FOR CIVIC EDUCATION 20. DECENTRALIZATION AND LOCAL GOVERNMENT 21. LANDS AND NATURAL RESOURCES Public Lands Lands Commission Ownership of land by Non-Citizens Stool and Skin Lands and Property Protecting Natural Resources 22. CHIEFTAINCY 23. COMMISSIONS OF INQUIRY 24. CODE OF CONDUCT FOR PUBLIC OFFICERS 25. AMENDMENT OF THE CONSTITUTION 26. MISCELLANEOUS SCHEDULES First Schedule—Transitional Provisions Part I—First President Part II—First Parliament Part III—The Judiciary Part IV—Miscellaneous Second Schedule Oaths THE CONSTITUTION OF THE REPUBLIC OF GHANA ARRANGEMENT OF ARTICLES CHAPTER ONE THE CONSTITUTION Article 1. Supremacy of the Constitution 2. Enforcement of the Constitution 3. Defence of the Constitution CHAPTER TWO TERRITORIES OF GHANA 4. Territories of Ghana 5. Creation, Alteration or Merger of Regions CHAPTER THREE CITIZENSHIP 6. Citizenship of Ghana 7. Persons entitled to be registered as Citizens 8. Dual Citizenship 9. Citizenship Laws by Parliament 10. Interpretation CHAPTER FOUR THE LAWS OF GHANA 11. The Laws of Ghana CHAPTER FIVE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS General 12. Protection of Fundamental Human Rights and Free doms 13. Protection of Right to Life 14. Protection of Personal Liberty 15. Respect for Human Dignity 16. Protection from Slavery and Forced Labour 17. Equality and Freedom from Discrimination 18. Protection of Privacy of Home and Other Propert y 19. Fair Trial 20. Protection from Deprivation of Property 21. General Fundamental Freedoms 22. Property Rights of Spouses 23. Administrative Justice 24. Economic Rights 25. Educational Rights 26. Cultural Rights and Practices 27. Women’s Rights 28. Children’s Rights 29. Rights of Disabled Persons 30. Rights of the Sick Emergency Powers 31. Emergency Powers 32. Persons detained under Emergency Laws Protection of Rights by the Courts 33. Protection of Rights by the Courts CHAPTER SIX THE DIRECTIVE PRINCIPLES OF STATE POLICY 34. Implementation of Directive Principles 35. Political Objectives 36. Economic Objectives 37. Social Objectives 38. Educational Objectives 39. Cultural Objectives 40. International Relations 41. Duties of a Citizen CHAPTER SEVEN REPRESENTATION OF THE PEOPLE Right to Vote 42. Right to Vote 43. Electoral Commission 44. Qualifications, Terms and Conditions of Service of Members of Electoral Commission 45. Functions of Electoral Commission 46. Independence of the Commission 47. Constituencies 48. Appeals from Decisions of Commission 49. Voting at Elections and Referenda 50. Election of Candidates 51. Regulations for Elections and Referenda 52. Regional and District Representatives of Commis sion 53. Appointment of Staff of Commission 54. Expenses of Commission charged on Consolidated Fund Political Parties 55. Organization of Political Parties 56. Restriction of Certain Propaganda CHAPTER EIGHT THE EXECUTIVE The President 57. The President of Ghana 58. Executive Authority of Ghana 59. Absence from Ghana 60. The Vice-President and Succession to the Presid ency 61. Public and Presidential Seals 62. Qualifications of President 63. Election of President 64. Challenging Election of President 65. Presidential Election Regulations 66. Term of Office of President 67. Presidential Messages 68. Conditions of Office of President 69. Removal of President 70. Appointments by President 71. Determination of Certain Emoluments 72. Prerogative of Mercy International Relations 73. International Relations 74. Diplomatic Representation 75. Execution of Treaties The Cabinet 76. The Cabinet 77. Meetings of the Cabinet 78. Ministers of State 79. Deputy Ministers 80. Oaths 81. Tenure of Office of Ministers, etc. 82. Vote of Censure The National Security Council 83. The National Security Council 84. Functions of the National Security Council 85. Establishment of Security Services National Development Planning Commission 86. National Development Planning Commission 87. Functions of National Development Planning Comm ission The Attorney-General 88. The Attorney-General CHAPTER NINE THE COUNCIL OF STATE 89. The Council of State 90. Consideration of Bills by the Council of State 91. Other functions of the Council 92. Meetings of Council of State CHAPTER TEN THE LEGISLATURE Composition of Parliament 93. The Parliament of Ghana 94. Qualifications and Eligibility 95. The Speaker 96. Deputy Speakers 97. Tenure of Office of Members 98. Emoluments of Members 99. Determination of Membership Procedure in Parliament 100. Oath of Members 101. Presiding in Parliament 102. Quorum in Parliament 103. Committees of Parliament 104. Voting in Parliament 105. Unqualified Person Sitting or Voting 106. Mode of Exercising Legislative Power 107. Retroactive Legislation 108. Settlement of Financial Matters 109. Professional Organisations 110. Standing Orders of Parliament 111. Attendance in Parliament of Vice-President and Ministers Summoning, Dissolution etc. 112. Sessions of Parliament 113. Dissolution of Parliament 114. Gratuities for Members of Parliament Privileges and Immunities 115. Freedom of Speech and of Proceedings 116. Immunity from Proceedings for Acts in Parliame nt 117. Immunity from Service of Process and Arrest 118. Immunity from Witness Summons 119. Immunity from Service as Juror 120. Immunity for Publication of Proceedings 121. Privileges of Witnesses Contempt of Parliament 122. General Contempt 123. Criminal Proceedings The Parliamentary Service 124. The Parliamentary Service CHAPTER ELEVEN THE JUDICIARY General 125. The Judicial Power of Ghana 126. Composition and Mode of Exercise of Power of J udiciary 127. Independence of the Judiciary The Supreme Court 128. Composition of Supreme Court and Qualification s of its Justices 129. General Jurisdiction of Supreme Court 130. Original Jurisdiction of Supreme Court 131. Appellate Jurisdiction of Supreme Court 132. Supervisory Jurisdiction of Supreme Court 133. Power of Supreme Court to Review its decisions 134. Powers of a Single Justice of Supreme Court 135. Production of official Documents in Court The Court of Appeal 136. Composition of Court of Appeal and Qualificati ons of its Justices 137. Jurisdiction of Court of Appeal 138. Powers of a Single Justice of Court of Appeal The High Court 139. Composition of High Court and Qualifications o f its Justices 140. Jurisdiction of the High Court 141. Supervisory Jurisdiction of the High Court Regional Tribunals 142. Establishment and Composition of Regional Trib unals and Qualifications of Chairmen and other Panel Members 143. Jurisdiction of Regional Tribunals Appointment, Retirement and Removal of Justices of Superior Courts and Chairmen and other Members of Regional Tribunals 144. Appointment of Justices of Superior Courts and Chairmen and other Members of Regional Tribunals 145. Retirement and Resignation of Justices of the Superior Courts and Chairmen of Regional Tribunals 146. Removal of Justices of Superior Courts and Cha irmen of Regional Tribunals 147. Service Conditions and Removal of Panel Member s of Regional Tribunal other than the Chairman Appointment, Retirement and Removal of Judicial Off icers 148. Appointment of Judicial Officers 149. Conditions of Service of Judicial Officers 150. Retirement and Resignation of Judicial Officer s 151. Removal of Judicial Officers 152. Appointment, Allowances and Removal of Lower C ourt or Tribunal Panel members The Judicial Council 153. Judicial Council 154. Functions of Judicial Council Miscellaneous 155. Retiring Awards of Superior Court Justices 156. Judicial Oath 157. Rules of Court 158. Other Officers and Employees of Courts 159. Regulations by Chief Justice 160. Fees of the Courts to form part of Consolidate d Fund 161. Interpretation CHAPTER TWELVE FREEDOM AND INDEPENDENCE OF THE MEDIA 162. Freedom and Responsibility of the Media 163. Responsibility of State-owned Media 164. Limitation on Rights and Freedoms 165. Media Rights and Freedoms to be Additional to Fundamental Human Rights 166. National Media Commission 167. Functions of the Commission 168. Appointment of Board Members of State-owned Me dia 169. Appointment of Editors 170. Staff of Commission 171. Expenses of Commission charged on Consolidated Fund 172. Independence of Commission 173. Independence of Journalists CHAPTER THIRTEEN FINANCE General 174. Taxation 175. Public Funds of Ghana 176. The Consolidated Fund 177. Contingency Fund 178. Withdrawal from Public Funds, etc. 179. Authorisation of Expenditure 180. Expenditure in Advance of Appropriation 181. Loans 182. Public Debt 183. The Central Bank 184. Foreign Exchange Dealings Statistical Service 185. Statistical Service 186. Statistical Service Board The Auditor-General 187. The Auditor-General The Audit Service 188. The Audit Service 189. The Audit Service Board CHAPTER FOURTEEN THE PUBLIC SERVICES 190. The Public Services of Ghana 191. Protection of Public Officers 192. Establishment of Public Corporations 193. Head of the Civil Service 194. The Public Services Commission 195. Appointments, etc. of Public Officers 196. Other Functions of the Public Services Commiss ion 197. Regulations 198. Independence of Commission 199. Retiring Age and Pension CHAPTER FIFTEEN THE POLICE SERVICE 200. The Police Service 201. The Police Council 202. The Inspector-General of Police and Appointmen t of Members of Police Service 203. Functions of the Police Council 204. Regional Police Committees CHAPTER SIXTEEN THE PRISONS SERVICE 205. The Prisons Service 206. The Prisons Service Council 207. Director-General of Prisons Service and Appoin tment of Members of Service 208. Functions of Prisons Service Council 209. Regional Prisons Committees CHAPTER SEVENTEEN THE ARMED FORCES OF GHANA 210. Armed Forces of Ghana 211. Armed Forces Council 212. Appointments 213. The Chief of Defence Staff 214. Functions of Armed Forces Council 215. Delegation of Functions CHAPTER EIGHTEEN COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE 216. Commission on Human Rights and Administrative Justice 217. Appointment of Members of Commission 218. Functions of Commission 219. Special Powers of Investigation 220. Regional and District Branches of Commission 221. Qualifications of Commissioners 222. Commissioners not to hold other Public Office 223. Terms and Conditions of Service of Commissione rs 224. Acting Appointments 225. Independence of Commission and Commissioners 226. Appointment of Staff 227. Expenses of Commission charged on Consolidated Fund 228. Removal of Commissioners 229. Initiation of Legal Proceedings 230. Regulations CHAPTER NINETEEN NATIONAL COMMISSION FOR CIVIC EDUCATION 231. Establishment of National Commission for Civic Education 232. Membership of Commission 233. Functions of Commission 234. Independence of Commission 235. Terms and Conditions of Service of Members of Commission 236. Removal of Chairman and Deputy Chairmen 237. Regional and District Branches of Commission 238. Appointment of Staff 239. Expenses of Commission charged on Consolidated Fund CHAPTER TWENTY DECENTRALIZATION AND LOCAL GOVERNMENT 240. Local Government 241. Districts of Local Government 242. Composition of District Assembly 243. District Chief Executive 244. Presiding Member 245. Functions of District Assemblies 246. Term of District Assembly 247. Qualifications and Procedures 248. Political Parties and Candidates for Election to Local Government Units 249. Revocation of Mandate by Electorate 250. Emoluments of District Chief Executive and Pre siding Member 251. Executive Committee 252. District Assemblies Common Fund and Grants-in- Aid 253. Audit 254. Further Decentralization 255. Regional Co-ordinating Councils 256. Regional Ministers and Deputy Regional Ministe rs