CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA Art.113-★

113. Dissolution of Parliament

(1) Subject to clause (2) of this article. Parliament 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 war, 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 Parliament shall not be extended under this clause for more than four years.

(3) Where, after a dissolution of Parliament but before 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 necessary 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 that has been recalled shall, if not sooner dissolved again stand dissolved on the date appointed for the general election.

114. Gratuities for members of Parliament

A person who has served as a member of Parliament for any period of time shall, on his death or on his ceasing to be a member of Parliament in any 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 representatives

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 article 71 of this Constitution.[NB: This provision has been amended by section 4 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).]The original article read… “114. (1) A person who has Served as a member of Parliament for a period of not less than four years shall be eligible on ceasing to be a member or on his death, for the payment of such gratuity to him or his personal representatives, as the case may be, as shall be determined by the President, acting in consultation with the Committee referred to in article 71 of this Constitution.

(2) For the purpose of clause (1) of this article, the period of four years specified in that clause shall be interpreted to mean four continuous years , and accordingly, any period when the member is out of office as a member, otherwise than by dissolution of Parliament, shall not be taken into account."

Privileges and Immunities

115. Freedom of speech and of proceedings

There shall be freedom of speech, debate and proceedings in Parliament and that freedom shall not be impeached or questioned in any court or place out of Parliament.

116. Immunity from proceedings for acts in Parliament

(1) Subject to the provisions of this article, but without prejudice to the general effect of article 115 of this Constitution, civil or criminal proceedings shall not be instituted against a member of Parliament in any court or place out of Parliament for any matter or thing brought by him in or before Parliament by petition, bill, motion or otherwise.

(2) Whenever in the opinion of the person presiding in Parliament a Statement made by a member is prima facie defamatory of any person, the person presiding shall refer the matter for inquiry to the Parliamentary Committee on privileges which shall report its findings to Parliament not later than thirty days after the matter was referred to it.

(3) Where the committee referred to in clause (2) of this article reports to Parliament that the statement made by the member is defamatory of any person, the member who made the statement shall, within seven days after the report, render an apology at the bar of Parliament, the terms of which shall be approved by the Parliamentary committee on privileges and communicated to the person who has been defamed.

(4) Where a member refuses to render an apology in accordance with clause (3) of this article, the Speaker shall suspend that member for the duration of the session of Parliament in which the defamatory statement was made and a member so suspended shall lose his parliamentary privileges, immunities and remuneration, but they shall be restored to him if, at any time before the end of the session, he renders the apology as required by clause (3) of this article.

(5) A person who has made a contemporaneous report of the proceedings in Parliament , including a statement which has been the subject of an inquiry under clause (2) of this article, shall publish the apology referred to in clause (3) of this article or the suspension or the apology referred to in clause (4) of this article with the same prominence as he published the first report.

(6) If a person fails to publish the apology as required by clause (5) of this article, he shall not be protected by privilege.

117. Immunity from service of process and arrest

Civil or criminal process coming from any court or place out of Parliament shall not be served on, or executed in relation to, the Speaker at a member or the Clerk to Parliament while he is on his way to, attending at or returning from, any proceedings of Parliament.

118. Immunity from witness summons

(1) Neither the Speaker, nor a member of, nor the Clerk to, Parliament shall be compelled, while attending Parliament to appear as a witness in any court or place out of Parliament.

(2) The certificate of the Speaker that a member or the Clerk is attending the proceedings of Parliament is conclusive evidence of attendance at Parliament.

119. Immunity from service as juror

Neither the Speaker, nor a member of, nor the Clerk to Parliament shall be required to serve on a jury in any court or place out of Parliament.

120. Immunity for publication of proceedings

Subject to the provisions of this Constitution, a person shall not be under any civil or criminal liability in respect of the publication of

(a) the text or a summary of any report, papers, minutes, votes and proceedings of Parliament, or

(b) a contemporaneous report of the proceedings of Parliament,

unless it is shown that the publication was effected maliciously or otherwise without good faith.

121. Privileges of witnesses

(1) A person summoned to attend to give evidence or to produce a paper, hook, record or other document before Parliament, shall be entitled, in respect of his evidence, or the production of the document, as the case may be, to the same privileges as if he were appearing before a court.

(2) A public officer shall not be required to produce before Parliament a document where

(a) the Speaker certifies

(i) that the document belongs to a class of documents, the production of which is injurious to the public interest;

(ii) that disclosure of the contents of the document will be injurious to the public interest; or

(b) the National Security Council certifies

(i) that the document belongs to a class of documents, the production of which is prejudicial to the security of the State; or

(ii) that disclosure of the contents of the document will be prejudicial to the security of the State.

(3) Where there is a doubt as to the nature of a document such as is referred to in clause (2) of this article, the Speaker or the National Security Council, as the case may be, he shall refer the matter to the Supreme Court for determination whether the production, or the disclosure of the contents of the document would be injurious to the public interest or, as the case may be, prejudicial to the security of the State.

(4) An answer by a person to a question put by Parliament shall not be admissible in evidence against him in any civil or criminal proceedings out of Parliament, except proceedings for perjury brought under the Criminal Law.

Contempt of parliament

122. General contempt

An act or omission which obstructs or impedes Parliament in the performance of its functions or which obstructs or impedes a member or officer of Parliament in the discharge of his duties, or affronts the dignity of Parliament or which tends either directly or indirectly to produce that result, is contempt of Parliament.

123. Criminal proceedings

Where an act or omission which constitutes contempt of Parliament is an offence under the criminal law, the exercise by Parliament of the power to punish for contempt shall not be a bar to the institution of proceedings under the Criminal Law.

The Parliamentary Service

124. The Parliamentary Service

(1) There shall be a Parliamentary Service which shall form part of the public services of Ghana.

(2) There shall be a Parliamentary Service Board which shall consist of

(a) the Speaker, as chairman,

(b) four other members all of whom shall be appointed by the Speaker, acting in accordance with the advice of a committee of Parliament, and

(c) the Clerk to Parliament.

(3) There shall be a Clerk to Parliament who shall be the Head of the Parliamentary Service.

(4) The appointment of the Clerk and the other members of his staff in the Parliamentary Service shall be made by the Parliamentary Service Board in consultation with the Public Services Commission.

(5) The Parliamentary Service Board shall, with the prior approval of Parliament, make regulations, by constitutional instrument, prescribing the terms and conditions of service of the officers and other employees in the Parliamentary Service and generally for the effective and efficient administration of the Parliamentary Service.

CHAPTER 11

 THE JUDICIARY

General

125. The judicial power of Ghana

(1) Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution.

(2) Citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems.

(3) The judicial power of Ghana shall be vested in the Judiciary, accordingly , neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power.

(4) The Chief Justice shall, subject to this Constitution, be the Head of the Judiciary and shall be responsible for the administration and supervision of the Judiciary.

(5) The Judiciary shall have jurisdiction in all matters civil and criminal, including matters relating to this Constitution, and such other jurisdiction as Parliament may, bylaw, confer on it.

126. Composition and mode of exercise of power of the judiciary

1) The Judiciary shall consist of

(a) the Superior Court of Judicature comprising,

(i) the Supreme Court,

(ii) the Court of Appeal, and

(iii) the High Court and Regional Tribunals;

(b) such lower courts or tribunals as Parliament may by law establish.

(2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this Constitution.

(3) Except as otherwise provided in this Constitution or as may otherwise be ordered by a court in the interest of public morality, public safety or public order, the proceedings of every court shall be held in public.

(4) In the exercise of the judicial power conferred on the Judiciary by this Constitution or any other law, the Superior Courts may, in relation to any matter within their jurisdiction, issue such orders and directions as may be necessary to ensure the enforcement of any judgment, decree or order of those courts.

127. Independence of the Judiciary

(1) In the exercise of the judicial power of Ghana, the Judiciary, in both its judicial and administrative functions, including financial administration, is subject only to this Constitution and shall not be subject to the control or direction of any person or authority.

(2) Neither the President nor Parliament nor any person acting under the authority of the President or Parliament nor any other person whatsoever shall interfere with Justices or judicial officers or others persons exercising judicial power, in the exercise of other judicial functions; and all organs and agencies of the State shall accord to the Courts such assistance as the Courts may reasonably require to protect the independence, dignity and effectiveness of the Courts, subject to this Constitution.

(3) A Justice of the Superior Court, or any person exercising judicial power, shall not be liable to any action or suit for any act or omission by him in the exercise of the judicial power.

(4) The administrative expenses of the Judiciary, including all salaries, allowances, gratuities and pension payable to or in respect of, persons sewing in the Judiciary, shall be charged on the Consolidated Fund

(5) The salary, allowances, privileges and rights in respect of leave of absence, gratuity, pension and other conditions of service of a Justice of the Superior Court or any judicial officer or other person exercising judicial power, shall not be varied to his disadvantage.

(6) Funds voted by Parliament, or charged on the Consolidated Fund by this Constitution for the Judiciary, shall be released to the Judiciary n quarterly instalments,

(7) For the purposes of clause (1) of this article, “financial administration” includes the operation of banking facilities by the Judiciary without the interference of any person or authority, other than for the purposes of audit by the Auditor-General, of the funds voted by Parliament or charged on the Consolidated Fund by this Constitution or any other law, for the purposes of defraying the expenses of the Judiciary in respect of which the funds were voted or charged.

The Supreme Court

128. Composition of the Supreme Court and qualifications of its Justices

(1) The Supreme Court shall consist of the Chief Justice and not less than nine other Justices of the Supreme Court.

(2) The Supreme Court shall be duly constituted for its work by not less than five Supreme Court Justices except as otherwise provided in article 133 of this Constitution.  

(3) The Chief Justice shall preside at sittings of the Supreme Court and in his absence, the most senior of the Justices of the Supreme Court, as constituted, shall preside.

(4) A person shall not be qualified for appointment as a Justice of the Supreme Court unless he is of high moral character and proven integrity and is of not less than fifteen years’ standing as a lawyer.

129. General jurisdiction of the Supreme Court

(1) The Supreme Court shall he the final court of appeal and shall have such appellate and other jurisdiction as may be conferred on it by this Constitution or by any other law.

(2) The Supreme Court shall not be bound to follow the decisions of any other court.

(3) The Supreme Court may, while treating its own previous decisions as normally binding, depart from a previous decision when it appears to it right to do so; and all other courts shall be bound to follow the decisions of the Supreme Court on questions of law.

(4) For the purposes of hearing and determining a matter within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any matter, and for the purposes of any other authority, expressly or by necessary implication given to the Supreme Court by this Constitution or any other law, the Supreme Court shall have all the powers, authority and jurisdiction vested in any court established by this Constitution or any Other law.

130. Original jurisdiction of the Supreme Court

(1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 Of this Constitution,the Supreme Court shall have exclusive original jurisdiction in

(a) all matters relating to the enforcement or interpretation of this Constitution;

(b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution.

(2) Where an issue that relates to a matter 0; question referred to in clause (1) of this article arises in any proceedings in a court other than the Supreme Court, that court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination and the Court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court.

Edusei v. A-G &Anor. [1997-1998]2 GLR 1, Holding 1 @P.10, S.C.

131. Appellate jurisdiction of the Supreme Court

(1) An appeal shall lie from a judgment of the Court of Appeal to the Supreme Court,

(a) as of right in a civil or criminal cause or matter in respect of which an appeal has been brought to the Court of Appeal from a judgment of the High Court or a Regional Tribunal in the exercise of its original jurisdiction; or

 (b) with the leave of the Court of Appeal, in any other cause or matter, where the case was commenced in a court lower than the High Court or a Regional Tribunal and where the Court of Appeal is satisfied that the case involves a substantial question of law or is in the public interest.

(2) Notwithstanding clause (1) of this article, the Supreme Court may entertain an application for special leave to appeal to the Supreme Court in any cause or matter, civil or criminal, and may grant leave accordingly,

(3) The Supreme Court shall have appellate jurisdiction, to the exclusion of the Court of Appeal, to determine matters relating to the conviction or otherwise of a person for high treason or treason by the High Court.

(4) An appeal from a decision of the Judicial Committee of the National House of Chiefs shall lie to the Supreme Court with the leave of that Judicial Committee or the Supreme Court

Nsiah v.Amankwa & Ors. ; Nsiah v Mansah & Ors. (Consolidated) [1997-1998] 2 GLR 236 Holding 1 @P.238, S.C.

132. Supervisory jurisdiction of the Supreme Court

The Supreme Court shall have supervisory jurisdiction over all courts and over any adjudicating authority and may, in the exercise of that supervisory jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory power.

133. Power of the Supreme Court to review its decisions

(1) The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as may be prescribed by Rules of Court.

(2) The Supreme Court, when reviewing its decisions under this article, shall be constituted by not less than seven Justices of the Supreme Court.

134. Powers of a single Justice of the Supreme Court

A single Justice of the Supreme Court may exercise a power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court, except that,

(a) in criminal matters, where that Justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the Supreme Court constituted by three Justices of the Supreme Court; and

(b) in civil matters, any order, direction or decision made or given under this article may be varied, discharged or reversed by the Supreme Court, constituted by three Justices of the Supreme Court.

135. Production of official documents in court

(1) The Supreme Court shall have exclusive jurisdiction to determine whether an official document shall not be produced in court because its production or the disclosure of its contents will be prejudicial to the security of the State or will be injurious to the public interest.

(2) Where any issue referred to in clause (1) of this article arises as to the production or otherwise of an official document in any proceedings before any court, other than the Supreme Court, the proceedings in that court shall be suspended while the Supreme Court examines the document and determines whether the document should be produced or not; and the Supreme Court shall make the appropriate order.

(3) The proceedings of the Supreme Court as to whether an official document may be produced shall be held in camera.

The Court of Appeal

136. Composition of Court of Appeal and qualifications of its Justices

(1) The Court of Appeal shall consist of

(a) the Chief Justice,

(b) subject to clauses (2) and (3) of this article, not less than ten Justices of the Court of Appeal, and

(c) such other Justices of the Superior Court of Judicature as the Chief Justice may, for the determination of a particular cause or matter by writing signed by him, request to sit in the Court of Appeal for any specified period.

(2) The Court of Appeal shall be duly constituted by any three of the Justices referred to in clause (1) of this article and when so constituted, the most senior of the Justices shall preside.

(3) A person shall not be qualified for appointment as a Justice of the Court of Appeal unless he is of high moral character and proven integrity and is of not less than twelve years standing as a lawyer

(4) The Chief Justice may create such divisions of the Court of Appeal as he considers necessary to sit in such places as he may determine.

(5) Subject to clause (3) of article 129 of this Constitution, the Court of Appeal shall be bound by its own previous decisions; and all courts lower than the Court of Appeal shall follow the decisions of the Court of Appeal on questions of law.

137. Jurisdiction of the Court of Appeal

(1) The Court of Appeal shall have jurisdiction throughout Ghana to hear and determine, subject to the provisions of this Constitution, appeals from a judgment, decree or order of the High Court and Regional Tribunals and such other appellate jurisdiction as may be conferred on it by this Constitution or any other law.

(2) Except as otherwise provided in this Constitution, an appeal shall lie as of right from a judgment, decree or order of the High Court and a Regional Tribunal to the Court of Appeal.

(3) For the purposes of hearing and determining an appeal within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any appeal, and, for the purposes of any other authority expressly or by necessary implication given to the Court of Appeal by this Constitution or any other law, the Court of Appeal shall have all the powers, authority and jurisdiction vested in the Court from which the appeal is brought.

138. Powers of a single Justice of the Court of Appeal

A single Justice of the Court of Appeal may exercise a power vested in the Court of Appeal not involving the decision of a cause or matter before the Court of Appeal, except that,

(a) in criminal matters, where that Justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the Court of Appeal as duly constituted; and

(b) in civil matters, any order, direction or decision made or given in exercise of the powers conferred by this article, may be varied, discharged or reversed by the Court of Appeal as duly constituted.

The High Court

139. Composition of the High Court and qualifications of its Justices

(1) The High Court shall consist of

(a) the Chief Justice,

(b) not less than twenty Justices of the High Court, and

(c) such other Justices of the Superior Court of Judicature as the Chief Justice may, by writing signed by him, request to sit as High Court Justices for any period.

(2) The High Court shall be constituted

(a) by a single Justice of the Court;

(b) by a single Justice of the Court and jury;

(c) by a single Justice of the Court with assessors; or

(d) by three Justices of the Court for the trial of the offence of high treason or treason as required by article 19 of this Constitution.

(3) There shall be in the High Court such divisions consisting of such number of Justices respectively as the Chief Justice may determine.

(4) A person shall not be qualified for appointment as a justice of the High Court unless he is a person of high moral character and proven integrity and is of at least ten years’ standing as a lawyer.

140. Jurisdiction of the High Court

(1) The High Court shall, subject to the provisions of this Constitution, have jurisdiction in all matters and in particular, in civil and criminal matters and such original, appellate and other jurisdiction as may be conferred on it by this Constitution or any other law.

(2) The High Court shall have jurisdiction to enforce the Fundamental Human Rights and Freedoms guaranteed by this Constitution.

(3) The High Court Shall have no power, in a trial for the offence of high treason or treason, to convict any person for an offence other than high treason or treason.

(4) A Justice of the High Court may, in accordance with rules of court, exercise in court or in chambers, all or any of the jurisdiction vested in the High Court by this Constitution or any other law.

(5) For the purposes of hearing and determining an appeal within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any appeal, and for the purposes of any other authority, expressly or by necessary implication given to the High Court by this Constitution or any other law, the High Court shall have all the powers, authority and jurisdiction vested in the Court from which the appeal is brought.

Edusei v. A-G &Anor. [1997-1998]2 GLR 1, Holding 1 @P.42, Per Acquah JSC, S.C.

141. Supervisory jurisdiction of the High Court

The High Court shall have supervisory jurisdiction over all lower courts and any lower adjudicating authority and may, in the exercise of that jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory powers.

The Regional Tribunals

142. Establishment and composition of Regional Tribunals and qualifications of Chairmen and other panel members

(1) There shall be established in each region of Ghana such Regional Tribunals as the Chief Justice may determine.

(2) A Regional Tribunal shall consist of

(a) the Chief Justice,

(b) one Chairman, and

(c) such members who may or may not be lawyers as shall be designated by the Chief Justice to sit as panel members of a Regional Tribunal and for such period as shall be specified in writing by the Chief Justice.

(3) A Regional Tribunal shall be duly constituted by a panel consisting of the Chairman and not less than two other panel members.

(4) A person shall not be appointed to be a Chairman) of a Regional Tribunal unless he is qualified to be appointed a Justice of the High Court.

(5) A panel member of a Regional Tribunal shall be a person of high moral Character and proven integrity.

143. Jurisdiction of the Regional Tribunals

(1) A Regional Tribunal shall have jurisdiction to try such offences against the State and the public interest as Parliament may. by law, prescribe.

(2) A Regional Tribunal shall have such appellate jurisdiction relating to the matters described in clause (1) of this article‘ as may be prescribed by law.

(3) For the purpose of hearing and determining an appeal within its jurisdiction and the amendment, execution or enforcement of a judgment or order on any appeal, and for the purposes of any other authority expressly or by necessary implication given to it by this Constitution or any other law, a Regional Tribunal shall have all the powers,authority and jurisdiction vested in the tribunal from which the appeal is brought.

 

Appointment, Retirement and Removal of justices of superior Court and Chairmen and other Members of Regional Tribunals
144. Appointment of Justices of Superior Court and Chairmen and other members of Regional Tribunals

(1) The Chief Justice shall be appointed by the President acting in consultation with the Council of State and with the approval of Parliament.

(2) The other Supreme Court Justices shall be appointed by the President acting on the advice of the Judicial Council, in consultation with the Council of State and with the approval of Parliament.

(3) Justices of the Court of Appeal and of the High Court and Chairmen of Regional Tribunals shall be appointed by the President acting on the advice of the Judicial Council.

(4) Panel members of Regional Tribunals other than the Chairmen shall be appointed by the Chief Justice in consultation with the Regional Coordinating Council for the region and on the advice of the Judicial Council.

(5) Justices of the Superior Court and Chairmen of Regional Tribunals Shall be appointed by warrant under the hand of the President and sealed by the presidential seal.

(6) Where the office of Chief Justice is vacant, or where the Chief Justice is for any reason unable to perform the functions of his office,

(a) until a person has been appointed to, and has assumed the functions of, that office, or

(b) until the person holding that office has resumed the functions of that office , as the case may be, those functions shall be performed by the most senior of the Justices of the Supreme Court.

(7) The office of a Justice of the Superior Court shall not be abolished while there is a substantive holder in office.

(8) A Chairman of a Regional Tribunal shall enjoy the same salary, allowances,gratuity and pension conditions as a Justice of the High Court.

(9) Where the office of a Justice of the High Court or a Chairman of a  Regional Tribunal is vacant or for any reason, a Justice of the High Court or a Chairman of a Regional Tribunal is unable to perform the functions of his office, or if the Chief Justice advises the President that the state of business in the High Court or Regional Tribunal so requires, the President may, acting in accordance with the advice of the Judicial Council,appoint a person who has held office as, or a person qualified for appointment as. A Justice of the High Court or a Chairman of a Regional Tribunal to act as a Justice of the High Court or a Chairman of the Regional Tribunal.

(10) A person appointed under clause (9) of this article to act as a Justice of the High Court or a Chairman of a Regional Tribunal shall continue to act for the period of his appointment or, where no period is specified, until his appointment is revoked by the President, acting in accordance with the advice of the Judicial Council.

(11) Notwithstanding the expiration of the period of his appointment or the revocation of his appointment under clause (9) of this article, a person appointed under clause (9) of this article may thereafter continue to act for a period not exceeding six months, to enable him to deliver judgment or do any other thing in relation to proceedings that were commenced before him previous to the expiration or revocation.

145. Retirement and resignation of Justices of the superior Court and Chairmen of Regional Tribunals

(1) A Justice of the Superior Court or a Chairman of a Regional Tribunal may retire at any time after attaining the age of sixty years.

(2) A Justice of the Superior Court or a Chairman of a Regional Tribunal shall vacate his office,

(a) in the case of a Justice of the Supreme Court or the Court of Appeal, on attaining the age of seventy years;

(b) in the case of a Justice of the High Court or a Chairman of a Regional Tribunal, on attaining the age of sixty-five years; or

(c) upon his removal from office in accordance with article 146 of this Constitution.

(3) A Justice of the Superior Court of Judicature or a Chairman of a Regional Tribunal may resign his office by writing signed by him and addressed to the President.

(4) Notwithstanding that he has attained the age at which he is required by this article to vacate his office, a person holding office as a Justice of the Superior Court or Chairman of a Regional Tribunal may continue in office for a period not exceeding six months after attaining that age, as may be necessary to enable him to deliver judgment or do any other thing in relation to proceedings that were commenced before him previous to his attaining that age.

146. Removal of Justices of the Superior Court and Chairmen of the Regional Tribunals

(1) A Justice of the Superior Court or a Chairman of a Regional Tribunal shall not be removed from office except for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind.

(2) A Justice of the Superior Court of Judicature or a Chairman of a Regional Tribunal may only be removed in accordance with the procedure specified in this article.

(3) If the President receives a petition for the removal of a Justice of the Superior Court other than the Chief Justice or for the removal of the Chairman of a Regional Tribunal, he shall refer the petition to the Chief Justice, who shall determine whether there is a prima facie case.

(4) Where the Chief Justice decides that there is a prima facie case, he shall set up a committee consisting of three Justices of the Superior Court or Chairmen of the Regional Tribunals or both, appointed by the Judicial Council and two other persons who are not members of the Council of State, nor members of Parliament, nor lawyers, and who shall be appointed by the Chief Justice on the advice of the Council of State.

(5) The Committee appointed under clause (4) of this article shall investigate the complaint and shall make its recommendations to the Chief Justice who shall forward it to the President.

(6) Where the petition is for the removal of the Chief Justice, the President shall,acting in consultation with the Council of State, appoint a committee consisting of two Justices of the Supreme Court, one of whom shall be appointed Chairman by the President, and three other persons who are not members of the Council of State, not members of Parliament, nor lawyers.

(7) The Committee appointed under clause (6) of this article shall inquire into the petition and recommend to the President whether the Chief Justice ought to be removed from office.

(8) All proceedings under this article shall be held in camera, and the Justice or Chairman against whom the petition is made is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice.

(9) The President shall, in each case, act in accordance with the recommendations of the Committee.

(10) Where a petition has been referred to a committee under this article, the President may,

(a) in the case of the Chief Justice, acting in accordance with the advice of the Council of State, by warrant signed by him, suspend the Chief Justice;

(b) in the case of any other Justice of the Superior Court or of a Chairman of a Regional Tribunal, acting in accordance with the advice of the Judicial Council, suspend that Justice or that Chairman of a Regional Tribunal.

(11) The President may, at any time, revoke a suspension under this article.

147. Service conditions and removal of panel members of the Regional Tribunal other than the Chairman

(1) A panel member of a Regional Tribunal, other than the Chairman, shall have such allowances and benefits as may be determined by the President acting on the advice of the Judicial Council.

(2) A panel member of a Regional Tribunal other than the Chairman may be removed by the Chief Justice acting on the advice of the Judicial Council and of the Regional Coordinating Council on grounds of stated misbehaviour or incompetence or on ground of inability to perform his functions arising from infirmity of body or mind.

(3) For the purposes of clause (2) of this article the panel member concerned is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice.

Appointment, Retirement and Removal of Judicial Officers

148. Appointment of judicial officers

Subject to the provisions of this article, the power to appoint persons to hold or to actin a judicial office shall be vested, subject to the approval of the President, in the Chief Justice acting on the advice of the Judicial Council.

149. Conditions of service of judicial officers

Judicial officers shall receive such salaries, allowances, facilities and privileges and other benefits as the President may, acting on the advice of the Judicial Council,determine.

150. Retirement and resignation of judicial officers

(1) A judicial officer

(a) may retire from his office at any time after attaining the age of forty—five years; and

(b) shall vacate his office on attaining the age of sixty years.

(2) A judicial officer may resign his office by writing addressed to the Chief Justice.

151. Removal of judicial officers

(1) A person holding a judicial office may be removed from office by the Chief Justice on grounds only of Stated misbehaviour, incompetence or inability to perform his functions arising from infirmity of body or mind and upon a resolution supported by the votes of rate less than two~thirds of all the members of the Judicial Council.

(2) For the purpose of clause (1) of this article, the judicial officer shall be entitled to be heard in his defence by himself or by a lawyer or other expert of his choice.

152. Appointment, allowances and removal of lower court or tribunal panel members

(1) A panel member of a lower court or tribunal, other than the person presiding,

(a) shall be appointed by the Chief Justice acting on the advice of the Judicial Council and in consultation with the relevant District Assembly from among persons of high moral character and proven integrity;

(b) shall be paid allowances and benefits as the Judicial Council may determine; and

(c) may be removed by the Chief Justice on the advice of the Judicial Council on ground of stated misbehaviour, incompetence or inability to perform his functions arising from infirmity of body or mind.

(2) For the purposes of paragraph (c) of clause (1) of this article the panel member concerned is entitled to be heard in his defence by himself or by a lawyer or other expert of his choice.

The Judicial council

153. The Judicial Council

There Shall be a Judicial Council which shall comprise the following persons:

(a) the Chief Justice who shall be Chairman;

(b) the Attorney-General;

(c) a Justice of the Supreme Court nominated by the Justices of the Supreme Court;

(d) a Justice of the Court of Appeal nominated by the Justices of the Court of Appeal;

(e) Justice of the High Court nominated by the Justices of the High Court;

(f) two representatives of the Ghana Bar Association one of whom shall be a person of not less than twelve years’ standing as a lawyer;

(g) a representative of the Chairmen of the Regional Tribunals nominated by the Chairmen;

(h) a representative of the lower courts or tribunals

(i) the Judge Advocate-General of the Ghana Armed Forces;

(j) the Head of the Legal Directorate of the Police Service;

(k) the Editor of the Ghana Law Reports;

(l) a representative of the Judicial Service Staff Association nominated by the Association;

(m) a chief nominated by the National House of Chiefs; and

(n) four other persons who are not lawyers appointed by the President.

154. Functions of the Judicial council

(1) The functions of the Judicial Council are,

(a) to propose for the consideration of Government, judicial reforms to improve the level of administration of Justice and efficiency in the Judiciary;

(b) to be a forum for consideration and discussion of matters relating to the discharge of the functions of the Judiciary and thereby assist the Chief Justice in the performance of his duties with a view to ensuring efficiency and effective realisation of justice; and

(c) to perform any other functions conferred on it by or under this Constitution or any other law not inconsistent with this Constitution.

(2) The Judicial Council may establish such committees as it considers necessary to which it shall refer matters relating to the Judiciary.

Miscellaneous

155. Retiring awards of Superior Court Justices

(1) Notwithstanding the provisions of this Chapter, a Justice of the Superior Court of Judicature who has attained the age of sixty years or above, shall, on retiring, in addition to any gratuity payable to him, be paid a pension equal to the salary payable for the time being to a Justice of the Superior Court from which he retired where

(a) he has served for ten continuous years or more as a Justice of the Superior Court of Judicature; or

(b)he has served for twenty years or more in the public service at least five continuous years of which were as a Justice of the Superior Court of Judicature, and upon retirement under this clause, he shall not hold any private office of profit or emolument whether directly or indirectly.

(2) For the avoidance of doubt, the pension paid to a person under clause (1) of this article shall be subject to the same changes and increases as the salary of a serving Justice of the Superior Court of Judicature,

(3) A Justice of the Superior Court of Judicature may, in lieu of retiring under clause (1) of this article, retire if he has attained the age prescribed as retiring age for public officers generally, and shall be paid retiring awards based on his total public service, including service as a Justice of the Superior Court of Judicature, but otherwise at the same rate as is, for the time being, applicable to the public service generally;

156. The Judicial Oath

(1) A Justice of the Superior Court, the Chairman of a Regional Tribunal, and also a person presiding over a lower court or tribunal, and any other judicial officer or person whose functions involve the exercise by him of judicial power shall, before assuming the exercise of the duties of his office, take and subscribe the Oath of Allegiance and the Judicial Oath.

(2) The President may, on the advice of the Chief Justice, direct that any other person connected with the exercise of judicial power, shall take and subscribe the Judicial Oath.

(3) The Oath of Allegiance and the Judicial Oath required by this article shall betaken and subscribed,

(a) in the case of the Chief Justice or other Justice of the Superior Court, and a Chairman of a Regional Tribunal, before the President; and

(b) in the case of any other person, before the Chief Justice or before any other Justice of the Superior Court or Chairman of a Regional Tribunal as the Chief Justice may direct.

157. Rules of Court Committee

(1) There shall be a Rules of Court Committee which shall consist of

(a) the Chief Justice, who shall be Chairman,

(b) six members of the Judicial Council, other than the Chief Justice nominated by the Judicial council, and

(c) two lawyers, one of not less than ten and the other of not more than five years’ standing, both of whom shall be nominated by the Ghana Bar Association.

(2) The Rules of Court Committee shall, by constitutional instrument, make rules and regulations for regulating the practice and procedure of all Courts in Ghana.

(3) Without prejudice to clause (2) of this article, no person sitting in the Superior Court for the determination of any cause or matter shall, having heard the arguments of the parties to that cause or matter and before judgment is delivered, withdraw as a member of the Court or tribunal, or as a member of the panel determining that cause or matter, nor shall that person become functus officioin respect of that cause or matter,until judgment is delivered.

158. Other officers and employees of the Courts

(1) The appointment of officers and employees of the Courts other than those expressly provided for by other provisions of this Constitution, shall be made by the Chief Justice or other Justice at other officers of the Court as the Chief Justice may direct in writing.

(2) The Judicial Council shall, acting in consultation with the Public Services Commission and with the prior approval of the President, by constitutional instrument,make Regulations prescribing the terms and conditions of service of the persons to whom clause (1) of this article applies.

159. Regulations by the Chief Justice

The Chief Justice may, acting in accordance with the advice of the Judicial Council and with the approval of the President by constitutional instrument, make Regulations for the efficient performance of the functions of the Judicial Service and the Judicial Council under this Chapter.

160. Fees of the Courts to form part of the Consolidated Fund

The fees, fines and other monies paid to the Courts shall form part of the Consolidated Fund.

161. Interpretation

In this Chapter, unless the context otherwise requires,

“court” includes a tribunal;

“judicial office” means:

(a) the office of a person presiding over a lower court or tribunal howsoever described;

(b) the office of the Judicial secretary or Registrar of the Superior Courts;

(c) such other offices connected with any court as may be prescribed by constitutional instrument made by the Chief Justice acting in accordance with the advice of the Judicial Council and with the approval of the President;

“judicial officer" means the holder of a judicial office; and

“supervisory jurisdiction” includes jurisdiction to issue writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition and qua warranto.

CHAPTER 12 – FREEDOM AND INDEPENDENCE OF THE MEDIA
162. Freedom and responsibility of the media

(1) Freedom and independence of the media are hereby guaranteed.

(2) Subject to this Constitution and any other law not inconsistent with this Constitution, there shall be no censorship in Ghana

(3) There shall be no impediments to the establishment of private press or media, and in particular, there shall be no law requiring any person to obtain a licence as prerequisite to the establishment or operation of a newspaper, journal or other media of mass communication or information.

(4) Editors and publishers of newspapers and other institutions of the mass media shall not be subject to control or interference by Government, nor shall they be penalised or harassed for their editorial! opinion and views, or the content of their publications.

(5) All agencies of the mass media shall, at all times, be free to uphold the principles,provisions and objectives of this Constitution, and shall uphold the responsibility and Accountability of the Government to the people of Ghana.

(6) A medium for the dissemination of information to the public which publishes a statement about or against a person shall be obliged to publish a rejoinder if any, from the person in respect of whom the publication was made

163. Responsibility of the State-owned media

All state-owned media shall afford fair opportunities and facilities for the representation of divergent views and dissenting opinions.

N.P.P. v. G.B.C. [1993-94] 2 GLR 354, S.C.

164. Limitation on rights and freedoms

The provisions of articles 162 and 163 of this Constitution are subject to laws that are reasonably required in the interest of national security, public order, public morality and for the purpose of protecting the reputations, rights and freedoms of other persons.

165. Media rights and freedoms to be additional to fundamental human rights

For the avoidance of doubt, the provisions of this Chapter shall not be taken to limit the enjoyment of any of the fundamental human rights and freedoms guaranteed under Chapter 5 of this Constitution.

166. The National Media Commission

(1) There shall be established by an Act of Parliament within six months after Parliament first meets after the coming into force of this Constitution, a National Media Commission which shall consist of eighteen members as follows :

(a) one representative each nominated by

(i) the Ghana Bar Association;

(ii) the Publishers and Owners of the Private Press;

(iii) the Ghana Association of Writers and the Ghana Library Association;

(iv) the Christian group (the National Catholic Secretariat, the Christian Council, and the Ghana Pentecostal Council);

(v) the Federation of Muslim Councils and Ahmadiyya Mission;

(vi) the training institutions of journalists and communicators;

(vii) the Ghana Advertising Association and the Institute of Public Relations of Ghana;

(viii) the Ghana National Association of Teachers;

(ix)   the National Council on Women and development;[Inserted by section 5 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).]

(x) the Trade Unions Congress; [Inserted by section 5 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).]

(xi) the Association of Private Broadcasters, [Inserted by section 5 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).]

(b) two representatives nominated by the Ghana Journalist Association;

(c) two persons appointed by the President; and

(d)  three persons nominated by Parliament.

(2) The Commission shall elect its own Chairman.

(3) A person who is a founding member of a political party, is a leader or member of its executive or holds any office in a political party shall not be qualified to he a member of the Commission. [Inserted by section 5 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).]

167. Functions of the Commission

The functions of the National Media Commission are,

(a) to promote and ensure the freedom and independence of the media for mass communication or information;

(b) to take all appropriate measures to ensure the establishment and maintenance of the highest journalistic standards in the mass media,including the investigation, mediation and settlement of complaints made against or by the press or other mass media;

(c) to insulate the State-owned media from governmental control;

(d) to make Regulations by constitutional instrument for the registration of newspapers and other publications, except that the Regulations shall not provide for the exercise of any direction or control over the professional functions of a person engaged in the production of newspapers or other means of mass communication; and

(e) to perform such other functions as may be prescribed by law not inconsistent with this Constitution.

168. Appointment of board members of the State-owned media

The Commission shall appoint the Chairmen and other members of the governing bodies of public corporations managing the State-owned media in consultation with the President

169. Appointment of editors

Editors of the State-owned media shall be appointed by the governing bodies of the respective corporations in consultation with the Public Services Commission.

170. Staff of the Commission

The Commission shall appoint the officers and other employees of the Commission in consultation with the Public Services Commission.

171. Expenses of the Commission charged on the Consolidated Fund

The administrative expenses of the National Media Commission, including salaries,allowances and pensions payable to or in respect of persons serving with the Commission shall be Charged on the Consolidated Fund.

172. Independence of the Commission

Except as otherwise provided by this Constitution or by any other law not inconsistent with this Constitution, the National Media Commission shall not be subject to the direction or control of any person or authority in the performance of its functions.

173. Independence of journalists

Subject to article 167 of this Constitution, the National Media Commission shall not exercise any control or direction over the professional functions of a person engaged in the production of newspapers or other means of communication.

CHAPTER 13 – FINANCE

General

174. Taxation

(1) No taxation shall be imposed otherwise than by or under the authority of an Act of Parliament.

(2) Where an Act, enacted in accordance with clause (1) of this article, confers power on any person or authority to waive or vary a tax imposed by that Act, the exercise of the power of waiver or variation, in favour of any person or authority, shall be subject to the prior approval of Parliament by resolution.

(3) Parliament may by resolution, supported by the votes of not less than two-thirds of all members of Parliament, exempt the exercise of any power from the provisions of clause (2) of this article.

175. The public funds of Ghana

The public funds of Ghana shalt be the Consolidated Fund, the Contingency Fund and such other public funds as may be established by or under the authority of an Act of Parliament.

176. The Consolidated Fund

(1) There shall be paid into the Consolidated Fund, subject to the provisions of this article,

(a) all revenues or other monies raised or received for the purposes of, or on behalf of, the Government; and

(b) any other monies raised or received in trust for, or on behalf of, the Government.

(2) The revenues or other monies referred to in clause (1) of this article shall not include revenues or other monies,

(a) that are payable by or under an Act of Parliament into some other fund established for specific purposes; or

(b) that may, by or under an Act of Parliament, be retained by the department of Government that received them for the purposes of defraying the expenses of that department

177. The Contingency Fund

(1) There shall be paid into the Contingency Fund monies voted for the purpose by Parliament; and advances may be made from that Fund which are authorised by the committee responsible for financial measures in Parliament whenever that committee is satisfied that there has arisen an urgent or unforeseen need for expenditure for which no other provision exists to meet the need.

(2) Where an advance is made from the Contingency Fund a supplementary estimate shall be presented as soon as possible to Parliament for the purpose of replacing the amount so advanced.

178. Withdrawal from public funds

(1) No monies shall be withdrawn from the Consolidated Fund except

(a) to meet expenditure that is charged on that Fund by this Constitution or by an Act of Parliament; or

(b) where the issue of those monies has been authorised by,

(i) an Appropriation Act;

(ii) a supplementary estimate approved by resolution of Parliament passed for the purpose;

(iii) an Act of Parliament enacted under article 179 of this Constitution;or

(iv) Rules or Regulations made under an Act of Parliament in respect of trust monies paid into the Consolidated Fund.

(2) No monies shall be withdrawn from any public fund, other than the Consolidated Fund and the Contingency Fund, unless the issue of those monies has been authorised by or under the authority of an Act of Parliament

179. Authorisation of expenditure

(1) The President shall cause to be prepared and laid before Parliament at least one month before the end of the financial year, estimates of the revenues and expenditure of the Government of Ghana for the following financial year.

(2) The estimates of the expenditure of all public offices and public corporations,other than those set up as commercial ventures,

(a) shall be classified under programmes or activities which shall be included in  a bill to be known as an Appropriation Bill and which shall be introduced into Parliament to provide for the issue from the Consolidated Fund or such other appropriate fund, of the sums of money necessary to meet that expenditure and the appropriation of those sums for the purposes specified in that Bill; and

(b) shall, in respect of payments charged on the Consolidated Fund, be laid before Parliament for the information of members of Parliament.

(3) The Chief Justice shall, in consultation with the Judicial Council, cause to be submitted to the President at least two months before the end of each financial year, and thereafter as and when the need arises,

(a) the estimates of administrative expenses of the Judiciary charged on the Consolidated Fund under article 127 of this Constitution, and

(b) estimates of development expenditure of the Judiciary.

(4) The President shall, at the time specified in clause (1) of this article, or thereafter,as and when submitted to him under clause (3) of this article, cause the estimates referred to in clause (3) of this article to be laid before Parliament.

(5) The estimates shall be laid before Parliament under clause (4) by the President without revision but with any recommendations that the Government may have on them.

(6) The development expenditure of the Judiciary, if approved by Parliament, shall be a charge on the Consolidated Fund.

(7) Parliament shall prescribe procedure for the presentation of Appropriation Bills

(8) Where, in respect of a financial year, it is found that the amount of monies appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum of money has been appropriated by that Act, a supplementary estimate showing the sum of money required, shall be laid before Parliament for its approval.

(9) Where, in the case of a financial year, a supplementary estimate has been approved by Parliament in accordance with clause (8) of this article, a Supplementary Appropriation Bill shall be introduced into Parliament in the financial year next following the financial year to which the estimate relates, providing for the appropriation of the sum so approved for the purposes specified in that estimate.

(10) Notwithstanding the provisions of the preceding clauses of this article, the President may cause to be prepared and laid before Parliament, estimates of revenue and expenditure of Ghana for periods of over one year.

(11) Whenever in the estimates prepared in accordance with clauses (1) and (8) of this article provision is made for an item or vote other than for the Contingency Fund, not relating to a specific item of expenditure, any monies voted by Parliament in respect of that item or vote shall be under the control and supervision of a Committee which shall consist of the President, the Speaker and the Chairman of the Council of State.

180. Expenditure in advance of appropriation

Where it appears to the President that the Appropriation Act in respect of any financial year will not come into operation by the beginning of that financial year, he may, with the prior approval of Parliament by a resolution, authorise the withdrawal of monies from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the services of the Government in respect of the period expiring three months from the beginning of the financial year or on the coming into operation of the Act,whichever is earlier.

181. Loans

(1) Parliament may, by a resolution supported by the votes of a majority of all the members of Parliament, authorise the Government to enter into an agreement for the granting of a loan out of any public fund or public account.

(2) An agreement entered into under clause (1) of this article shall be laid before Parliament and shall not come into operation unless it is approved by a resolution of Parliament.

(3) No loan shall be raised by the Government on behalf of itself or any other public institution or authority otherwise than by or under the authority of an Act of Parliament.

(4) An Act of Parliament enacted in accordance with clause (3) of this article shall provide

(a) that the terms and conditions of a loan shall be laid before Parliament and shall not come into operation unless approved by a resolution of Parliament; and

(b) that any monies received in respect of that loan shall be paid into the Consolidated Fund and form part of that Fund, or into some other public fund of Ghana either existing or created for the purposes of the loan

(5) This article shall, with the necessary modifications by Parliament, apply to an international business or economic transaction to which the Government is a party as it applies to a loan.

(6) For the purposes of this article, “loan” includes any monies lent or given to or by the Government on condition of return or repayment, and any other form of borrowing or lending in respect of which

(a) monies from the Consolidated Fund or any other public fund may be used for payment or repayment; or

(b) monies from any fund by whatever name called, established for the purposes of payment or repayment whether directly or indirectly, may he used for payment or repayment.

(7) The Minister responsible for Finance shall, at such times as Parliament may determine, present to Parliament any information concerning any discrepancies relating to

(a) the granting of loans, their repayment and servicing;

(b) the payment into the Consolidated Fund or other public fund of monies derived from loans raised on institutions Outside Ghana.

182. The public debt

(1) The public debt of Ghana shall be charged on the Consolidated Fund and other public funds of Ghana.

(2) For the purposes of this article, the public debt shall include interest on that debt,sinking fund payments and redemption monies in respect of that debt and the costs,charges and expenses incidental to the management of that debt.

183. The Central Bank

(1) The Bank of Ghana shall be the Central Bank of Ghana and shall be the only authority to issue the currency of Ghana.

(2) The Bank of Ghana shall

(a) promote and maintain the stability of the currency of Ghana and direct and regulate the currency system in the interest of the economic progress of Ghana;

(b) be the sole custodian of State funds of Ghana both in and outside Ghana and may, by notice published in the Gazette, authorise any other person or authority to act as a custodian of any such fund as may be specified in the notice;

(c) encourage and promote economic development and the efficient utilisation of the resources of Ghana through effective and efficient operation of a banking and credit system in Ghana; and

(d) do all other things not inconsistent with this article as may be prescribed by law

(3) The Governor of the Bank of Ghana shall, for the purposes of this article,disallow any transaction or transfer involving, directly or indirectly, any foreign exchange whether in or outside Ghana which is contrary to law.

(4) The following shall apply to the Governor of the Bank of Ghana:

(a) he shall be appointed by the President acting in consultation with the Council of State for periods of four years each;

(b) he shall, notwithstanding article 285 of this Constitution be the Chairman of the governing body of the Bank of Ghana;

(c) his emoluments shall not be reduced while he continues to hold office as Governor;

(d) he shall not be removed from office except on the same grounds and in the same manner as a Justice of the Superior Court of Judicature, other than the Chief Justice, may be removed.

184. Foreign exchange dealings

(1) The Committee of Parliament responsible for Financial Measures shall monitor the foreign exchange receipts and payments or transfers of the Bank of Ghana in and outside Ghana and shall report on them to parliament once in every six months.

(2) The Bank of Ghana shall, not later than three months,

(a) after the end of the first six months of its financial year, and

(b) after the end of its financial year,submit to the Auditor-General for audit, a statement of its foreign exchange receipts and payments or transfers in and outside Ghana.

(3) The Auditor-General shall, not later than three months after the submission of the statement referred to in clause (2) of this article, submit his report to Parliament on the statement.

(4)  Parliament shall debate the report of the Auditor-General and appoint, where necessary, in the public interest, a committee to deal with any matters arising from the report.

The Statistical Service

185. The Statistical Service

(1) There shall be a Statistical Service which shall form part of the public services of Ghana.

(2) The head of the Statistical Service shall be the Government Statistician.

(3) The Government Statistician shall be appointed by the President in consultation with the Council of State.

186. The Statistical Service Board

(1) There shall be a Statistical Service Board which shall consist of

(a) a chairman and not more than five other members all of whom shall be appointed by the President having regard to their expert knowledge, in consultation with the Council of State, and

(b) the Government Statistician.

(2) The Government Statistician, under the supervision of the Statistical Service Board, shall be responsible for the collection, compilation, analysis and publication of socio-economic data on Ghana and shall perform such other functions as may be prescribed by or under an Act of Parliament.

(3) The Statistical Service Board may prescribe the manner in which data may be compiled and kept by any person or authority in Ghana.

The Auditor-General

187. The Auditor-General

(1) There shall be an Auditor-General of Ghana whose office shall be a public office.

(2) The public accounts of Ghana and of all public offices, including the Courts, the central and local government administrations, the Universities and public institutions of like nature, any public corporation or other body or organisation established by an Act of Parliament, shall be audited and reported on by the Auditor-General.

(3) For the purposes of clause (2) of this article, the Auditor-General or any person authorised or appointed for the purpose by the Auditor-General shall have access to all books, records, returns and other documents relating or relevant to those accounts.

(4) The public accounts of Ghana and of all other persons or authorities referred to in clause (2) of this article shall be kept in such form as the Auditor-General shall approve.

(5) The Auditor-General shall, within six months after the end of the immediately preceding financial year to which each of the accounts mentioned in clause (2) of this article relates, submit his report to Parliament and shall, in that report, draw attention to any irregularities in the accounts audited and to any other matter which in his opinion ought to be brought to the notice of Parliament.

(6) Parliament shall debate the report of the auditor General and appoint where necessary, in the public interest, a committee to deal with any matters arising from it.

(7) In the performance of his functions under this Constitution or any other law the Auditor-General

(a) shall not be subject to the direction or control of any other person or authority;

(b) may disallow any item of expenditure which is contrary to law and surcharge,

(i) the amount of any expenditure disallowed upon the person responsible for incurring or authorising the expenditure;

(ii) any sum which has not been duly brought into account, upon the person by whom the sum ought to have been brought into account; or

(iii) the amount of any loss or deficiency, upon any person by whose negligence or misconduct the loss or deficiency has been incurred.

(8) Paragraph (a) of clause (7) of this article shall not preclude the President, acting in accordance with the advice of the Council of State, from requesting the Auditor-General in the public interest, to audit, at any particular time, the accounts of any such body or organisation as is referred to in clause (2) of this article.

(9) A person aggrieved by a disallowance or surcharge made by the Auditor-General may appeal to the High Court

(10) The Rules of Court Committee may, by constitutional instrument, make Rules of Court for the purposes of clause (9) of this article.

(11) The salary and allowances payable to the Auditor-General shall be a charge on the Consolidated Fund

(12) The salary and allowances payable to the Auditor-General, his rights in respect of leave of absence, retiring award or retiring age shall not be varied to his disadvantage during his tenure of office.

(13) The provisions of article 146 of this Constitution relating to the removal of a Justice of the Superior Court of Judicature from office shall apply to the Auditor-General.

(14) The administrative expenses of the office of the Auditor~General including all salaries, allowances, gratuities and pensions payable to or in respect of persons serving in the Audit Service shall be a charge on the Consolidated Fund.

(15) The accounts of the office of the Auditor-General shall be audited and reported upon by an auditor appointed by Parliament.

(16) A person appointed to be the Auditor-General of Ghana shall, before entering upon the duties of his office, take and subscribe the Oath of the Auditor-General set out in the Second Schedule to this Constitution.

The Audit Service

188. The Audit Service

There shall be an Audit Service which shall form part of the public services of Ghana.

189. The Audit Service Board

(1) There shall be an Audit Service Board which shall consist of

(a) a Chairman and four other members appointed by the President, acting in consultation with the Council of State,

(b)the Auditor-General, and

(c) the Head of the Civil Service or his representative.

(2) The appointment of officers and other employees in the Audit Service, other than the Auditor-General, shall be made by the Audit Service Board, acting in consultation with the Public Services Commission.

(3) The Audit Service Board shall, acting in consultation with the Public Services Commission,

(a) determine the terms and conditions of service of officers and other employees in the Audit Service; and

(b) by constitutional instrument, make Regulations for the effective and efficient administration of the Audit Service.

(4) A member of the Audit Service Board, other than the Auditor-General or the Head of the Civil Service or his representative, may be removed from office by the President, acting in accordance with the advice of the Council of State, for inability to perform the functions of his office arising from infirmity of mind or body or for any other sufficient cause.

CHAPTER 14 – THE PUBLIC SERVICES
190. The Public Services of Ghana

(1) The Public Services of Ghana shall include,

(a) the Civil Service,

      the Judicial Service,

      the Audit Service,

      the Education Service,

      the Prisons Service,

      the Health Service,

      the Statistical Service,

      the National Fire Service,

      the Customs, Excise and Preventive Service,

      the Internal Revenue Service,

      the Police Service,

      the Immigration Service, and

      the Legal Service;

(b) public corporations other than those set up as commercial ventures;

(c) public services established by this Constitution; and

(d) such other public services as Parliament may by law prescribe.

(2) The Civil Service shall, until provision is otherwise made by Parliament,comprise service in both central and local government.

(3) Subject to the provisions of this Constitution, an Act of Parliament enacted by virtue of clause (1) of this article shall provide for

(a) the governing council for the public service to which it relates,

(b) the functions of that service, and

(c) the membership of that service.

(4)  For the purposes of this article “public corporation” means a public corporation established in accordance with article 192 of this Constitution other than one set up as a commercial venture

191. Protection of public officers

A member of the public services shall not be

(a) victimised or discriminated against for having discharged his duties faithfully in accordance with this Constitution; or

(b) dismissed or removed from office or reduced in rank or otherwise punished without just cause.

192. Establishment of public corporations

A public corporation shall not be established except by an Act of Parliament.

193. Head of the Civil Service

(1) The President shall, acting in accordance with the advice of the Public Services Commission, appoint a public officer as the Head of the Civil Service.

(2) Subject to the provisions of this Constitution, the Head of the Civil Service shall not hold any other public office.

194. The Public Services Commission

(1) There shall be a Public Services Commission which shall perform such functions as are assigned to it by this Constitution or by any other law.

(2) The Public Services Commission shall consist of

(a) a Chairman, 3 Vice-Chairman and three other members who shall be full-time members of the Commission, and

(b) such other members as Parliament may, subject to article 70 of this Constitution, by law prescribe.

(3) A person shall not be qualified to be appointed a member of the Public Services Commission

(a) if he is not qualified to be elected as a member of Parliament, or

(b) if he is otherwise disqualified from holding a public office.

(4) A person holding a public office shall, upon being appointed a full-time member of the Public Services Commission, resign from that public office.

(5) Subject to clause (6) of this article, the terms and conditions of service including retiring ages of a Justice of the Court of Appeal shall apply to the Chairman of the Public Services Commission and those of a Justice of the High Court shall apply to the Vice-Chairman.

(6) The provisions of article 146 of this Constitution relating to the removal from office of a Justice of the Superior Court of Judicature, shall apply

(a) to the full-time members of the Public Services Commission;

(b) to the members of the Commission referred to in paragraph (b) of clause (2) of this article, before the expiration of their period of service as provided by law.

(7) The salaries, allowances, facilities and privileges payable or available to the members of the Commission other than the Chairman and Vice-Chairman, shall be determined under article 71 of this Constitution.

195. Appointments of public officers

(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the President, acting in accordance with the advice of the Governing Council of the service concerned given in consultation with the Public Services Commission.

(2) The President may, subject to such conditions as he may think fit,delegate some of his functions under this article by directions in writing to the Governing Council concerned or to a committee of the Council or to any member of that Governing Councilor to any public officer.

(3) The power to appoint persons to hold or act in an office in a body of higher education, research or professional training, shall vest in the Council or other governing body of that institution or body.

196. Other functions of the Public Services Commission

The Public Services Commission shall have such powers and exercise such supervisory, regulatory and consultative functions as Parliament shall, by law, prescribe,including as may be applicable, the supervision and regulation of, entrance and promotion examinations, recruitment and appointment into or promotions within, the public services, and the establishment of standards and guidelines on the terms and conditions of employment in the public services.

197. Regulations

The Public Services Commission may, subject to the approval of the President, make Regulations, by constitutional instrument, for the effective and efficient performance of its functions under this Constitution or any other law.

198. Independence of the Commission

Except as otherwise provided in this Constitution, or any other law not inconsistent with this Constitution, the Public Services Commission shall not be subject to the control or direction of any person or authority in the performance of its functions.

199. Retiring age and pension

(1) A public officer shall, except as otherwise provided in this Constitution, retire from the public service on attaining the age of sixty years.

(2) A public officer may, except as otherwise provided in this Constitution, retire from the public service at any time after attaining the age of forty—five years.

(3) The pension payable to any person shall be exempt from tax.

(4) Notwithstanding clause (1) of this article, a public officer who has retired from the public service after attaining the age of sixty years may, where the exigencies of the service require, be engaged for a limited period of not more than two years at a time but not exceeding five years in all and upon such other terms and conditions as the appointing authority shall determine.[Inserted by section 6 of the Constitution of the Republic of Ghana (Amendment) Act. 1996 (Act 527).]

CHAPTER 15 – THE POLICE SERVICE
200. The Police Service

(1) There shall be a Police Service of Ghana.

(2) No person or authority shall raise any police service except by or under the authority of an Act of Parliament.

(3) The Police Service shall be equipped and maintained to perform its traditional role of maintaining law and order.

201. The Police Council

There shall be established a Police Council which shall consist of

(a) a chairman who shall be appointed by the President acting in consultation with the Council of State,[NB: This provision has been amended by section 7 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).]The original paragraph read …"(a) the vice-president, who shall be Chairman".

(b) the Minister responsible for Internal Affairs,

(c) the Inspector-General of Police,

(d) the Attorney-General or his representative,

(e) a lawyer nominated by the Ghana Bar Association,

(f) a representative of the Retired Senior Police Officers Association,

(g) two members of the Police Service, appointed by the President, acting in consultation with the Council of State, one of whom shall be of a junior rank, and

(h) two other members appointed by the President.

202. The inspector-general of Police and appointment of members of the Police Service

(1) The Inspector-General of Police shall be appointed by the President acting in consultation with the Council of State.

(2) The inspector-General of Police shall be head of the Police Service and shall,subject to the provisions of this article and to the control and direction of the Police Council, be responsible for the operational control and the administration of the Police Service.

(3) Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the Police Service shall vest in the President, acting in accordance with the advice of the Police Council.

(4) The President may, subject to such conditions as he thinks fit, delegate some of his functions under this article by directions

203. Functions of the Police Council

(1) The Police Council shall advise the President on matters of policy relating to internal security, including the role of the Police Service, budgeting and finance,administration and the promotion of officers above the rank of Assistant Commissioner of Police

(2) The Police Council may, with the prior approval of the President, by constitutional instrument, make Regulations for the performance of its functions under this Constitution or any other law and for the effective and efficient administration of the Police Service.

(3) Regulations made under clause (2) of this article shall include regulations in respect of

(a) the control and administration of the Police Service;

(b) the ranks of officers and men of each unit of the Police Service, the members rank and the use of uniforms by the members;

(c) the conditions of service including these relating to the enrollment, salaries,pensions, gratuities and other allowances of officers and men;

(d) the authority and powers of command of officers and men of the Police Service; and

(e) the delegation to other persons of powers to discipline persons and the conditions subject to which delegations may be made.

204. Regional Police Committees

(1) There shall be established for each region a Regional Police Committee which shall consist of

(a) the Minister of State appointed for the region, who shall be Chairman,

(b) the two most senior members of the Police Service in the region,

(c) a representative of each district in the region appointed by the District Assembly in the district,

(d) a lawyer practising in the region nominated by the Ghana Bar Association;

(e) a representative of the Attorney-General, and

(f) a representative of the Regional House of Chiefs.

(2) A Regional Police Committee shall advise the Police Council on any matter relating to the administration of the Police Service in the region.

CHAPTER 16 – THE PRISONS SERVICE
205. The Prisons Service

(1) There shall be a Prisons Service of Ghana.

(2) The Prisons Service shall be equipped and maintained to perform its traditional role efficiently.

206. The Prisons Service Council

There shall be established a Prisons Service Council which shall consist of

(a) a chairman who shall be appointed by the President acting in consultation with the Council of State,[NB: This provision has been amended by section 8 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527).] The original paragraph read … “(a) the Vice-President, who shall be Chairman".

(b) the Minister responsible for Internal Affairs,

(c)  the Director-General of the Prisons Service,

(d)  a medical practitioner nominated by the Ghana Medical Association,

(e)  a lawyer nominated by the Ghana Bar Association,

(f)  the Attorney-General or his representative,

(g) a representative of the Ministry or Department of State responsible for Social Welfare,

(h) a representative of such religious bodies as the President may, in consultation with the Council of State, appoint,

(i)   two members of the Prisons Service appointed by the President in consultation with the Council of State one of whom shall be of a junior rank,

(j)a representative of the National House of Chiefs, and

(k)  two other members appointed by the President.

207. Director-General of Prisons Service and appointment of members of Service

(1) The Director General  of the Prisons Service shall be appointed by the President,acting in consultation with the Council of State.

(2) The Director-General of the Prisons Service shall, subject to the provisions of this article and to the control and direction of the Prisons Service Council, be responsible for the operational control and the administration of the Prisons Service.

(3) Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the Prisons Service shall vest in the President, acting in accordance with the advice of the Prisons Service Council.

(4) The President may, subject to such conditions as he thinks fit, delegate some of his functions under this article by directions in writing to the Prisons Service Council or to a committee or a member of the Council.

208. Functions of the Prisons Service Council

(1) The Prisons Service Council shall advise the President on matters of policy relating to the organisation and maintenance of the prison system in Ghana including the role of the Prisons Service, prisons budgeting and finance, administration and the promotion of officers above the rank of Assistant Director of Prisons.

(2) The Prisons Service Council may, with the prior approval of the President, by constitutional instrument, make regulations for the performance of its functions under this Constitution or any other law and for the effective and efficient administration of prisons and the Prisons Service.

(3) Regulations made under clause (2) of this article shall include provisions relating to

(a) the control and administration of prisons and the Prisons Service;

(b) the ranks of officers and men of the Prisons Service, the members of each rank and the use of uniforms by the members;

(c)   the conditions of service including those relating to the enrollment, salaries,pensions, gratuities and other allowances of officers and men;

(d)   the authority and powers of command of the officers and men of the Prisons Service;

(e)   the delegation to other persons of powers to discipline persons and the conditions subject to which delegation may he made;

(f)    the parole system and the periodic review of the conditions of prisoners and all other persons in legal custody at intervals of not more than one year;

(g) the conditions under which persons may be admitted into prisons;

(h) the making of reports of unjustified treatment of, and cruelty to, prisoners and persons in legal custody and the manner in which the reports should be dealt with;

(i) the appointment and composition of welfare committees for prisoners and discharged prisoners and other persons released from legal custody;

(j) ready access by lawyers to prisoners and other persons in legal custody;and

(k) such measures, generally, as will ensure the humane treatment and welfare of prisoners and other persons in legal custody, including the provision of literature and writing material.

209. Regional Prisons Committee

(1) There shall be established for each region a Regional Prisons Committee which shall consist of

(a)the Minister of State appointed for the region, who shall be Chairman;

(b)the most senior member of the Prisons Service in the region;

(c)a representative of the Attorney-General;

(d)a lawyer practising in the region nominated by the Ghana Bar Association;

(e)the Regional Director of Health Services;

(f)a medical practitioner in the region nominated by the Ghana Medical Association;

(g)the Regional Director of Social Welfare;

(h)a representative of the Regional House of Chiefs; and

(i) representatives of such religious bodies as the Regional Minister may deem fit to appoint.

(2) A Regional Prisons Committee shall advise the Prisons Service Council and the Director-General of the Prisons Service on any matter relating to the administration of prisons and of the Prisons Service in the region.

CHAPTER 17 – THE ARMED FORCES OF GHANA
210. The Armed Forces of Ghana

(1) There shall he the Armed Forces of Ghana which shall consist of the Army, the Navy and the Air Force and such other services for which provision is made by Parliament.

(2) A person shall not raise an armed force except by or under the authority of an Act of Parliament.

(3) The Armed Forces shall be equipped and maintained to perform their role of defence of Ghana as well as such other functions for the development of Ghana as the President may determine.

211. The Armed Forces Council

There shall be established an Armed Forces Council which shall consist of

(a) a Chairman who shall be the President or his nominee;[NB: This provision has been amended by section 9 of the Constitution of the Republic of Ghana (Amendment) Act, 1996(Act 527)].The original paragraph read … “(a) the Vice-President, who shall be chairman.”

(b) the Ministers responsible for Defence, Foreign Affairs and Internal Affairs;

(c) the Chief of Defence Staff, the Service Chiefs and a senior Warrant Officer or its equivalent in the Armed Forces, and

(d) two other persons appointed by the President acting in consultation with the Council of State.

212. Appointments

(1) The President shall, acting in consultation with the Council of State, appoint,

(a) the Chief of Defence Staff of the Armed Forces; and

(b) the Service Chiefs.

(2) The President may, acting in accordance with the advice of the Armed Forces Council, appoint officers of the Armed Forces who shall be given such command as the Armed Forces Council shall determine.

(3) The President shall, acting in accordance with the advice of the Armed Forces Council, grant commissions to officers of the Armed Forces.

(4) Subject to clause (3) of this article, the power to appoint persons to hold or to actin an office in the Armed Forces shall vest in the President, acting in accordance with the advice of the Armed Forces Council

213. The Chief of Defence Staff

The Chief of Defence Staff of the Armed Forces shall, subject to the provisions of this article, and to the control and direction of the Armed Forces Council on matters of policy,be responsible for the administration and the operational control and command of the Armed Forces.

214. Functions of the Armed Forces Council

(1) The Armed Forces Council shall advise the President on matters of policy relating to defence and strategy including the role of the Armed Forces, military budgeting and finance, administration and the promotion of officers above the rank of Lieutenant—Colonel or its equivalent

(2) The Armed Forces Council may, with the prior approval of the President, by constitutional instrument, make Regulations for the performance of its functions under this Constitution or any other law, and for the effective and efficient administration of the Armed Forces.

(3) Regulations made under clause (2) of this article shall include regulations in respect of

(a) the control and administration of the services of the Armed Forces;

(b) the ranks of officers and men of each service, the members in each tank and the use of uniforms by the officers and men;

(c) the conditions of service including those relating to the enrollment, salaries,pensions. gratuities and other allowances of officers and men of each Service and deductions from them;

(d) the authority and powers of command of officers and men of each service;

(e) the delegation to other persons of powers of commanding officers to try accused persons and the conditions subject to which delegations may be made; and

(f)    the establishment of research and development units in each service.

215. Delegation of functions

The Armed Forces Council may, subject to such conditions as it may consider fit, delegates some of its functions under this Chapter by directions in writing to a committee or a member of the Council.

CHAPTER 18 - THE COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE
216. The Commission on Human Rights and Administrative Justice

There shall be established by an Act of Parliament'8 within six months after Parliament first meets after the coming into force of this Constitution, a Commission on Human Rights and Administrative Justice which shall consist of

(a) a Commissioner for Human Rights and Administrative Justice, and

(b) two Deputy Commissioners for Human Rights and Administrative Justice.

217. Appointment of members of the Commission

The President shall appoint the members of the Commission under article 70 of this Constitution.

218. Functions of the Commission

The functions of the Commission shall be defined and prescribed by an Act of Parliament and shall include the duty to,

(a) investigate complaints of violations of fundamental rights and freedoms,injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties;

(b) investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the Armed Forces, the Police Service and the Prisons Service in so far as complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services at fair administration in relation to those services;

(c) investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution;

(d) take appropriate action to call for the remedying, correction and reversal of instances Specified in paragraphs (a), (b) and (c) of this clause through such means as are fair, proper and effective, including,

(i) negotiation and compromise between the parties concerned;

(ii) causing the complaint and its finding on it to be reported to the superior of an offending person;

(iii) bringing proceedings in a competent court for a remedy to secure the termination of the offending action or conduct, or the abandon mentor alteration of the offending procedure; and

(iv) bringing proceedings to restrain the enforcement of such legislation or regulation by challenging its validity if the offending action or conduct is sought to be justified by subordinate legislation or regulation which is unreasonable or otherwise ultra vires;

(e) investigate all instances of alleged or suspected corruption and the misappropriation of public monies by officials and to take appropriate steps, including reports to the Attorney-General and the Auditor-General,resulting from such investigations;

(f) educate the public as to human rights and freedoms by such means as the Commissioner may decide, including publications, lectures and symposia; and

(g) report annually to Parliament on the performance of its functions.

Rep v. CHRAJ; Ex parte Richard Anane [2007-2008] SCGLR 340, Holding 2 @P.357, H.C

219. Special powers of investigation

(1) The power of the Commission shall be defined by an Act of Parliament and shall include the power to

(a) issue subpoenas requiring the attendance of any person before the Commission and the production of any document or record relevant to any investigation by the Commission;

(b) cause any person contemptuous of any such subpoena to be prosecuted before a competent court;

(c) question any person in respect of any subject matter under investigation before the Commission;

(d) require any person to disclose truthfully and frankly any information within his knowledge relevant to any investigation by the Commissioner.

(2) The Commissioner shall not investigate,

(a) a matter which is pending before a court or judicial tribunal;

(b) a matter involving the relations or dealings with or between the Government and any other Government or an international organisation; or

(c) a matter relating to the exercise of the prerogative of mercy.

220. Regional and district branches of the Commission

An Act of Parliament enacted under article 216 of this Constitution shall provide for the creation of regional and district branches of the Commission.

221. Qualifications of the Commissioner

A person shall not be qualified for appointment as a Commissioner or a Deputy Commissioner for Human Rights and Administrative Justice, unless he is,

(a) in the case of a Commissioner, qualified for appointment as a Justice of the Court of Appeal, and

(b) in the case of a Deputy Commissioner, qualified for appointment as a Justice of the High Court.

222. Commissioners not to hold other public office

The Commissioner and Deputy Commissioner shall not hold any other public office.

223. Terms and conditions of service of the Commissioner

(1) The Commissioner and Deputy Commissioner shall enjoy the terms and conditions of service of a Justice of the Court of Appeal and High Court respectively.

(2) The Commissioner and Deputy Commissioner shall cease to hold office on attaining the ages of seventy and sixty-five years respectively.

224. Acting appointments

Where the Commissioner dies, resigns or is removed from office or is for any other reason unable to perform the functions of his office, the President shall, acting in consultation with the Council of State, appoint a person qualified to be appointed Commissioner to perform those functions until the appointment of a new Commissioner

225. Independence of the Commission and Commissioners

Except as provided by this Constitution or by any other law not inconsistent with this Constitution, the Commission and the Commissioners shall not in the performance of their functions, be subject to the direction or control of any person or authority

226. Appointment of staff

The appointment of officers and other employees of the Commission shall be made by the Commission acting in consultation with the Public Services Commission

227. Expenses of the Commission charged on the Consolidated Fund

The administrative expenses of the Commission including salaries, allowances and pensions payable to, or in respect of, persons sewing with the Commission, shall be charged on the Consolidated Fund.

228. Removal of the Commissioners

The procedure for the removal of the Commissioner and Deputy Commissioners shall be the same as that provided for the removal of a Justice of the Court of Appeal and a Justice of the High Court respectively under this Constitution.

229. Initiation of legal proceedings

For the purposes of performing his functions under this Constitution and any other law, the Commissioner may bring an action before any court in Ghana and may seek any remedy which may be available from that court

230. Regulations

Subject to the provisions of this Constitution and to any Act of Parliament made under this Chapter, the Commission shall make, by constitutional instrument, Regulations regarding the manner and procedure for bringing complaints before it and the investigation of such complaints.

CHAPTER 19 – THE NATIONAL COMMISSION FOR CIVIC EDUCATION
231. Establishment of the National Commission for Civic Education

There shall be established by an Act of Parliament” within six months after Parliament first meets after the coming into force of this Constitution, a National Commission for Civic Education in this Chapter referred to as “the Commission".

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