CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA. Art.233-SCHEDULES

233. Functions of the Commission

The functions of the Commission shall be,

(a) to create and sustain within the society the awareness of the principles and objectives of this Constitution as the fundamental law of the people of Ghana;

(b) to educate and encourage the public to defend this Constitution at all times,against all forms of abuse and violation;

(c) to formulate for the consideration of Government, from time to time,programmes at the national, regional and district levels aimed at realising the objectives of this Constitution;

(d) to formulate, implement and oversee programmes intended to inculcate in the Citizen of Ghana awareness of their Civic responsibilities and an appreciation of their rights and obligations as free people; and

(e) such other functions as Parliament may prescribe.

234. Independence of the Commission

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

235. Terms and conditions of service of members of the Commission

(1) The Chairman of the Commission shall enjoy the same terms and conditions of service as a Justice of the Court of Appeal, and a Deputy Chairman of the Commission shall enjoy the same terms and conditions of service as a Justice of the High Court.

(2) The other members of the Commission shall hold office on such terms and conditions as may be approved by Parliament.

236. Removal of Chairman and Deputy Chairmen

The procedure for the removal of the Chairman or a Deputy Chairman from office 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.

237. Regional and district branches of the Commission

Parliament shall, by law, provide for the establishment of regional and district branches of the Commission.

238. Appointment of staff

The officers and employees of the Commission shall be appointed by the Commission acting in consultation with the Public Services Commission.

239. Expenses of the Commission charged on the Consolidated Fund

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

CHAPTER 20 – DECENTRALISATION AND LOCAL GOVERNMENT
240. Local government

(1) Ghana shall have a system of local government and administration which shall, as far as practicable, be decentralised.

(2) The system of decentralised local government shall have the following features:

(a) Parliament shall enact appropriate laws to ensure that functions, powers,responsibilities and resources are at all times transferred from the Central Government to local government units in a coordinated manner;

(b) Parliament shall by law provide for the taking 01' such measures as are necessary to enhance the capacity of local government authorities to plan,initiate, co-ordinate, manage and execute policies in respect of all matters affecting the people within their areas, with a view to ultimately achieving localisation of those activities;

(c) there shall be established for each local government unit a sound financial base with adequate and reliable sources of revenue;

(d) as far as practicable, persons in the service of local government shall be subject to the effective control of local authorities;

(e) to ensure the accountability of local government authorities, people in particular local government areas shall, as far as practicable, be afforded the opportunity to participate effectively in their governance.

241. Districts of local government

(1) For the purposes of local government, Ghana shall be deemed to have been divided into the districts in existence immediately before the coming into force of this Constitution.

(2) Parliament may by law make provision for the redrawing of the boundaries of districts or for reconstituting the districts.

(3) Subject to this Constitution, a District Assembly shall be the highest political authority in the district, and shall have deliberative, legislative and executive powers.

242. Composition of District Assembly

A District Assembly shall consist of the following members:

(a) one person from each local government electoral area within the district elected by universal adult suffrage;

(b) the member or members of Parliament from the constituencies that fall within the area of authority of the District Assembly as members without the right to vote;

(c) the District Chief Executive of the district; and

(d) other members not being more than thirty percent of a]! the members of the District Assembly, appointed by the President in consultation with the traditional authorities and other interest groups in the district.

243. District Chief Executive

(1) There shall be a District Chief Executive for every district who shall be appointed by the President with the prior approval of not less than two-thirds majority of the members of the Assembly present and voting at the meeting.

(2) The District Chief Executive shall

(a) preside at meetings of the Executive Committee of the Assembly;

(b) be responsible for the day-to-day performance of the executive and administrative functions of the District Assembly; and

(c) be the chief representative of the Central Government in the district.

(3) The office of District Chief Executive shall become vacant if,

(a) a vote of no confidence, supported by the votes of not less than two-thirds of all the members of the District Assembly is passed against him;

(b) he is removed from office by the President; or

(c) he resigns or dies.

244. Presiding member

(1) The District Assembly shall have a presiding member who shall be elected by the Assembly from among its members.

(2) The presiding member shall be elected by at least two-thirds majority of all the members of the Assembly.

(3) The presiding member shall

(a) preside over the meetings of the Assembly, and

(b) perform such other functions as may be prescribed by law.

(4) Subject to clause (5) of this article, the term of office of the presiding member shall be two years and he shall be eligible for re-election.

(5) The presiding member shall cease to hold office whenever the Assembly by majority of at least two-thirds of all the members of the Assembly vote to remove him from office.

245. Functions of District Assemblies

Parliament shall, by law, prescribe the functions of District Assemblies which shall include

(a) the formulation and execution of plans, programmes and strategies for the effective mobilisation of the resources necessary for the overall development of the district; and

(b) the levying and collection of taxes, rates, duties and fees.

246. Term of the District Assembly

(1) Elections to the District Assemblies shall be held every four years except that such elections and elections to Parliament shall be held at least six months apart.

(2) Unless he resigns or dies or prematurely ceases to hold office under clause (3) of article 243 of this Constitution, the term of office of the District Chief Executive shall be four years; and a person shall not hold office as a District Chief Executive for more than two consecutive terms.

247. Qualifications and procedures

Subject to this Constitution, the qualifications for membership of a District Assembly,the procedures of a District Assembly and other local government units lower than a District Assembly that may be created, shall be provided for by law.

248. Political parties and candidates for election to local government units

(1) A candidate seeking election to a District Assembly or any lower local government unit shall present himself to the electorate as an individual, and shall not use any symbol associated with any political party.

(2) A political party shall not endorse, sponsor, offer a platform to or in any way campaign for or against a candidate seeking election to a District Assembly or any lower local government unit.

249. Revocation of mandate by electorate

Subject to any procedure established by law, the mandate of a member of a District Assembly may be revoked by the electorate or the appointing body,

250. Emoluments of District Chief Executive and presiding member

(1) The emoluments of a District Chief Executive of a District Assembly shall be determined by Parliament and shall be charged on the Consolidated Fund.

(2) The emoluments of a presiding member of a District Assembly and other members of the Assembly shall be determined by the District Assembly and paid out of the Assembly’s own resources.

251. Executive Committee

(1) There shall be established an Executive Committee of a District Assembly which shall be responsible for the performance of the executive and administrative functions of the District Assembly.

(2) The composition of the Executive Committee and the procedure for its deliberations shall he as provided for by law.

252. District Assemblies’ Common Fund and grants-in-aid

(1) There shall be a fund to be known as the District Assemblies Common Fund.

(2) Subject to the provisions of this Constitution, Parliament shall annually make provision for the allocation of not less than five percent of the total revenues of Ghana to the District Assemblies for development; and the amount shall be paid into the District Assemblies Common Fund in quarterly installments.

(3) The monies accruing to the District Assemblies in the Common Fund shall be distributed among all the District Assemblies on the basis of a formula approved by Parliament.

(4) There shall be appointed by the President with the approval of Parliament, a District Assemblies Common Fund Administrator.

(5) Parliament shall by law prescribe the functions and tenure of office of the Administrator in such a manner as will ensure the effective and equitable administration of the District Assemblies Common Fund,

(6) Nothing in this Chapter or any other law shall be taken to prohibit the State or other bodies from making grants-in-aid to any District Assembly.

253. Audit

The Auditor-General shall audit the accounts of the District Assemblies annually and shall submit his reports on the audit to Parliament.

254. Further decentralisation

Parliament shall enact laws and take steps necessary for further decentralisation of the administrative functions and projects of the central government but shall not exercise any control over the District Assemblies that is incompatible with their decentralised status, or otherwise contrary to law

255. Regional Coordinating Councils

(1) There shall be established a Regional Coordinating Council in each region, which shall consist of

(a) the Regional Minister and his deputy or deputies,

(b) the presiding member and the District Chief Executive from each district in the Region,

(c) two chiefs from the Regional House of Chiefs, and

(d) the Regional Heads of the decentralised ministries in the region as members without the right to vote.

(2) The Regional Minister shall be the Chairman of the Regional Coordinating Council.

(3) Subject to this Chapter, the functions of a Regional Coordinating Council shall be as prescribed by Act of Parliament.

functions of a Regional Coordinating Council shall be as prescribed by Act of Parliament.

(1) The President shall, with the prior approval of Parliament, appoint for each region, a Minister of State who shall

(a) represent the President in the region, and

(b) be responsible for the coordination and direction of the administrative machinery in the region.

(2) The President may, in consultation with the Minister of State for a region and with the prior approval of Parliament, appoint for the region a Deputy Minister or Deputy Ministers to perform such functions as the President may determine

CHAPTER 21 – LANDS AND NATURAL RESOURCES

Public Lands

257. Public lands and other public property

(1) All public lands in Ghana shall be vested in the President on behalf of, and in trust for, the people of Ghana.

(2) For the purposes of this article, and subject to clause (3) of this article, “public lands” includes any land which, immediately before the coming into force of this Constitution, was vested in the Government of Ghana on behalf of, and in trust for, the people of Ghana for the public service of Ghana, and any other land acquired in the public interest, for the purposes of the Government of Ghana before, on or after that date.

(3) For the avoidance of doubt, it is hereby declared that all lands in the Northern,Upper East and Upper West Regions of Ghana which immediately before the coming into force of this Constitution were vested in the Government of Ghana are not public lands within the meaning of clauses (1) and (2) of this article.

(4) Subject to the provisions of this Constitution, all lands referred to in clause (3) of this article shall vest in any person who was the owner of the land before the vesting, or in the appropriate skin without further assurance than this clause.

(5) Clauses (3) and (4) of this article shall be without prejudice to the vesting by the Government in itself of any land which is required in the public interest for public purposes.

(6) Every mineral in its natural state in, under or upon any land in Ghana, rivers,streams, water Courses throughout Ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the Republic of Ghana and shall be vested in the President on behalf of, and in trust for, the people of Ghana.

258. The Lands Commission

(1) There shall be established a Lands Commission which shall, in coordination with the relevant public agencies and governmental bodies, perform the following functions:

(a) on behalf of the Government, manage public lands and any lands vested I the President by this Constitution or by any other law or any lands vested in the Commission;

(b) advise the Government, local authorities and traditional authorities on the policy framework for the development of particular areas of Ghana to ensure that the development of individual pieces of land is coordinated with the relevant development plan for the area concerned;

(c) formulate and submit to Government recommendations on national policy with respect to land use and capacity;

(d) advise on, and assist in the execution of, a comprehensive programme for the registration of title to land throughout Ghana;

(e) perform such other functions as the Minister responsible for Lands and Natural Resources may assign to the Commission.

(2) The Minister responsible for Lands and Natural Resources may, with the approval of the President, give general directions in writing to the Lands Commission on matters of policy in respect of the functions of the Commission and the Commission shall comply with the directions.

259. Membership of the Commission

The Lands Commission shall consist of the following persons appointed by the President under article 70 of this Constitution:

(a) a chairman, who is neither a Minister of State nor a Deputy Minister,

(b) one representative each of the following bodies nominated in each case by the body concerned,

(i) the National House of Chiefs,

(ii) the Ghana Bar Association,

(iii) the Ghana Institution of Surveyors,

(iv) each Regional Lands Commission,

(v) the Department responsible for Town and Country Planning,

(vi) the National Association of Farmers and Fishermen,

(vii) the Environmental Protection Council, and

(viii) the Ministry responsible for Lands and Natural Resources, and

(c) the chief administrator of the Lands Commission who shall be the Executive Secretary.

260. Regional Lands Commission

(1) The Lands Commission shall have a branch in each region to be known as a Regional Lands Commission for the performance of the functions specified in article 258 of this Constitution in respect of the region.

(2) The activities 01. all the Regional Lands Commissions shall be coordinated by the Lands Commission.

261. Membership of Regional Lands Commission

A Regional Land Commission shall consist of the following persons appointed by the Minister responsible for Lands and Natural Resources:

(a) a chairman who is neither a Minister of State nor a Deputy Minister,

(b) a representative each of the following bodies in each case nominated by the body concerned,

(i) the Regional House of Chiefs,

(ii) each District Assembly within the region,

(iii) the Department responsible for Town and Country and Planning,

(c) a nominee of the Ghana Bar Association practising in the region,

(d) a nominee of the Ghana Institution of Surveyors practising in the region,

(e) the National Association of Farmers and Fishermen, and

(f) the Regional Lands Officer

262. Regional Lands Officer

(1) A Regional Lands Commission shall have a Regional Lands Officer.

(2) The Regional Lands Officer shall be a member of, and secretary to, the Regional Lands Commission.

263. Qualifications of members

A person shall not be qualified for appointment as a member of the Lands Commission or of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer unless he is qualified to be a member of Parliament, except that for the avoidance of doubt, a person shall not be disqualified to be a member under this article by reason only of his being a public officer.

264. Tenure of office of members of the Commission

(1) The Chairman and members of the Lands Commission, and also the Chairman and  members of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer shall hold Office for four years and may be eligible for reappointment.

(2) The office of the Chairman or a member of the Lands Commission or of a Regional Lands Commission other than the Executive Secretary and the Regional Lands Officer shall become vacant if

(a) he ceases to hold office under clause (1) of this article;

(b) any Circumstance arises that would cause him to be disqualified for appointment under article 263 of this Constitution;

(c) he is removed from office by the President or, in the case of a member of a Regional Lands Commission, by the Minister responsible for Lands and Natural Resources for inability to perform the functions of his office or for stated misbehaviour.

265. Independence of the Lands Commission

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

Ownership of land by non—Citizens

266. Ownership of land by non-citizens

(1) No interest in, or right over, any land in Ghana shall be Created which vests in a person who is not a citizen of Ghana a freehold interest in any land in Ghana.

(2) An agreement, deed or conveyance of whatever nature, which seeks, contrary to clause (1) of this article, to confer on a person who is a not a citizen of Ghana any freehold interest in, or right over, any land is void.

(3) Where, on the twenty-second day of August. 1969, any person not being a citizen of  Ghana had a freehold interest in or right over any land in Ghana, that interest in or right shall be deemed to be a leasehold interest for a period of fifty years at a rent commencing from the twenty-second day of August, 1969, and the freehold reversionary interest in any such land shall vest in the President on behalf of. and in trust for, the people of Ghana.

(4) No interest in, or right over, any land in Ghana shall be created which vests in a person who is not a citizen of Ghana a leasehold for a term of more than fifty years at anyone time.

(5) Where on the twenty-second day of August, 1969 any person not being a citizen of Ghana had a leasehold interest in, or right over, any land in Ghana for an unexpired period more than fifty years, that interest in, or right over, any such land shall be deemed to be an interest or right subsisting for a period of fifty years commencing from the twenty-second day of August, 1969.

Stool and Skin Lands and Property

267. Stool and skin lands and property

(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for, the subjects of the stool in accordance with customary law and usage.

(2) There shall be established the Office of the Administrator of Stool Lands which shall be responsible for

(a) the establishment of a stool land account for each stool into which shall be paid all rents, dues, royalties, revenues or other payments whether in the nature of income or capital from the stool lands;

(b) the collection of all such rents, dues, royalties, revenues or other payments whether in the nature of income or capital, and to account for them to the beneficiaries specified in clause (6) of this article; and

(c) the disbursement of such revenues as may be determined in accordance with clause (6) of this article.

(3) There shall be no disposition or development of any stool land unless the Regional Lands Commission of the region in which the land is situated has certified that the disposition or development is consistent with the development plan drawn up or approved by the planning authority for the area concerned.

(4) Where the Regional Lands Commission fails or refuses to give the consent and concurrence under clause (3) of this article, a person aggrieved by the failure or refusal may appeal to the High Court.

(5) Subject to the provisions of this Constitution, no interest in, or right over, any stool land in Ghana shall be created which vests in any person or body of persons a freehold interest howsoever described.

(6) Ten percent of the revenue accruing from stool lands shall be paid to the Office of the Administrator of Stool Lands to cover administrative expenses and the remaining revenue shall be disbursed in the following proportions:

(a) twenty-five percent to the stool through the traditional authority for the maintenance of the stool in keeping with its status;

(b) twenty percent to the traditional authority; and

(c) fifty-five percent to the District Assembly, within the area of authority of which the stool lands are situated.

(7) The Administrator of Stool Lands and the Regional Lands Commission shall consult with the stools and other traditional authorities in all matters relating to the administration and development of stool land and shall make available to them all relevant information and data.

(8) The Lands Commission and the Administrator of Stool Lands shall coordinate with all relevant public agencies and traditional authorities and stools in preparing a policy framework for the rational and productive development and management of stool lands.

(9) Parliament may provide for the establishment of Regional branches of the Office of the Administrator of Stool lands to perform, subject to the directions of the Administrator of Stool Lands, the functions of the Administrator in the region concerned.

Protecting Natural Resources

268. Parliamentary ratification of agreements relating to natural resources

(1) Any transaction, contract or undertaking involving the grant of a right or concession by or on behalf of any person including the Government of Ghana, to any other person or body of persons howsoever described, for the exploitation of any mineral,water or other natural resource of Ghana made or entered into after the coming into force of this Constitution shall be subject to ratification by Parliament.

(2) Parliament may, by resolution supported by the votes of not less than two~thirds of all the members of Parliament , exempt from the provisions of clause (1) of this article any particular class of transactions, contracts or undertakings.

269. The Natural Resources Commission

(1) Subject to the provisions of this Constitution, Parliament shall, by or under an Act of Parliament, provide for the establishment, within six months after Parliament first meets after the coming into force of this Constitution, of a Minerals Commission, a Forestry Commission. Fisheries Commission and such other commissions as Parliament may determine, which shall be responsible for the regulation and management of the utilisation of the natural resources concerned and the coordination of the policies in relation to them.

(2) Notwithstanding article 268 of this Constitution, Parliament may, upon the recommendation of any of the Commissions established by virtue of clause (1) of this article, and upon such conditions as Parliament may prescribe, authorise any other agency of Government to approve the grant of rights, concessions or contract in respect of the exploitation of any mineral, water or other natural resource of Ghana.

CHAPTER 22 – CHIEFTAINCY
270. The Institution of Chieftaincy

(1) The institution of chieftaincy, together with its traditional councils established by customary law and usage, is hereby guaranteed.

(2) Parliament shall have no power to enact any law which

(a) confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever, or

(b) in any way detracts or derogates from the honour and dignity of the institution of chieftaincy.

(3) Nothing in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, clause (1) 0r (2) of this article if the law makes provision for,

(a) the determination, in accordance with the appropriate customary law and usage, by a traditional council, a Regional House of Chiefs or the National House of Chiefs or a Chieftaincy Committee of any of them, of the validity of the nomination, election, selection, installation or deposition of a person as a chief;

(b) a traditional council or a Regional House of Chiefs or the National House of Chiefs to establish and operate a procedure for the registration of chiefs and the public notification in the Gazette or otherwise of the status of persons as chiefs in Ghana.

271. The National House of Chiefs

(1) There shall be a National House of Chiefs.

(2) The House of Chiefs of each region shall elect as members of the National House of Chiefs five paramount chiefs from the region.

(3) Where in a region there are fewer than five paramount chiefs, the House of Chiefs of the region shall elect such number of divisional chiefs as shall make up the required representation of chiefs for the region.

272. Functions of the National House of Chiefs

The National House of Chiefs shall

(a) advise any person or authority charged with any responsibility under this Constitution or any other law for any matter relating to or affecting chieftaincy;

(b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin;

(c) undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful;

(d) perform such other functions, not being inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it.

273. Jurisdiction of the National House of Chiefs

(1) The National House of Chiefs shall have appellate jurisdiction in any cause or matter affecting chieftaincy which has been determined by the Regional House of Chiefs in a region, from which appellate jurisdiction there shall be an appeal to the Supreme Court, with the leave of the National House of Chiefs, or the Supreme Court.

(2) The appellate jurisdiction of the National House of Chiefs shall be exercised by a Judicial Committee of the National House of Chiefs consisting of five persons appointed by that House from among its members.

(3) A Judicial Committee of a National House of Chiefs shall be assisted by a lawyer of not less than ten years standing appointed by the National House of Chiefs on the recommendation of the Attorney-General.

(4) A member of a Judicial Committee of the National House of Chiefs shall be removed from office on the ground of proven misbehaviour or of infirmity of mind or body by the votes of not less than two-thirds of all the members of the National House of Chiefs.

(5) A Judicial Committee of the National House of Chiefs shall have original jurisdiction in any cause or matter affecting chieftaincy

(a) which lies within the competence of two or more Regional Houses of Chiefs;

(b) which is not properly within the jurisdiction of a Regional House of Chiefs; or

(c) which cannot otherwise be dealt with by a Regional House of Chiefs.

(6) An appeal shall lie as of right in respect of any cause or matter dealt with by a Judicial Committee of the National House of Chiefs under clause (5) of this article to the Supreme Court.

274. Regional House of Chiefs

(1) There shall be established in and for each region of Ghana a Regional House of Chiefs.

(2) A Regional House of Chiefs shall consist of such members as Parliament may, by law, determine.

(3) A Regional House of Chiefs shall

(a) perform such functions as may be conferred upon it by or under an Act of Parliament;

(b) advise any person or authority charged under this Constitution or any other law with any responsibility for any matter relating to or affecting chieftaincy in the region;

(c) hear and determine appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief;

(d) have original jurisdiction in all matters relating to a paramount stool or skin, including a queen mother to a paramount stool or skin;

(e) undertake a study and make such general recommendations as are appropriate for the resolution or expeditious disposition of chieftaincy disputes in the region;

(f) undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region.

(4) The original and appellate jurisdiction of a Regional House of Chiefs shall be exercised by a Judicial Committee of the Regional House of Chiefs consisting of three chiefs appointed by the Regional House of Chiefs from among its members.

(5) A Judicial Committee of a Regional House of Chiefs shall be assisted by a lawyer of not less than five years standing appointed by the Regional House of Chiefs on the recommendation of the Attorney-General.

(6) A member of a Judicial Committee of a Regional House of Chiefs may be removed from office on the ground of proven misbehaviour or infirmity of mind or body by the votes of not less than two-thirds of all the members of the Regional House of Chiefs

275. Disqualification of convicted persons

A person shall not be qualified as a chief if he has been convicted for high treason, treason, high crime or for an offence involving the security of the State, fraud, dishonesty or moral turpitude.

276. Chiefs not to take part in active party politics

(1) A chief shall not take part in active party politics and any chief wishing to do so and seeking election to Parliament shall abdicate his stool or skin.

(2) Notwithstanding clause (1) of this article and paragraph (c) of clause (3) of article 94 of this Constitution, a chief may be appointed to any public office for which he is otherwise qualified.

277. Definition of chief

In this Chapter unless the context otherwise requires, “chief” means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queen mother in accordance with the relevant customary law and usage.

CHAPTER 23 – COMMISSIONS OF INQUIRY
278. Appointment of commission of inquiry

(1) Subject to article 5 of this Constitution, the President shall, by constitutional instrument, appoint a commission of inquiry into any matter of public interest where

(a) the President is satisfied that a commission of inquiry should be appointed;

(b) the Council of State advises that it is in the public interest to do so; or

(c) Parliament, by a resolution requests that a commission of inquiry be appointed to inquire into any matter, specified in the resolution as being a matter of public importance.

(2) A commission appointed under clause (1) of this article may consist of a sole Commissioner or two or more persons one of whom shall be appointed the Chairman of the commission.

(3) A person shall not be appointed a sole Commissioner or the Chairman of a commission of inquiry under this article unless he is

(a) a Justice of the Superior Court of Judicature;

(b) a person qualified to be appointed a Justice of the Superior Court of Judicature;

(c) a person who has held office as a Justice of the Superior Court of Judicature; or

(d) a person who possesses special qualifications or knowledge in respect of the matter being investigated.

(4) Subject to clause (3) of this article. where a commission of inquiry appointed under clause (1) of this article consists of more than two Commissioners, other than the Chairman, at least one of them shall be a person who possesses special qualifications or knowledge in respect of the matter being investigated.

279. Powers of commission of inquiry

(1) A commission of inquiry shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial in respect of

(a) enforcing the attendance of witnesses and examining them on oath,affirmation or otherwise,

(b) compelling the production of documents, and

(c) the issue of a commission or request to examine witnesses abroad.

(2) A sole Commissioner or a member of a commission of inquiry shall not be liable to any action or suit in respect of any matter or thing done by him in the performance of his functions as a Commissioner or member.

280. Functions of commission of inquiry

(1) A commission of inquiry shall

(a) make a full, faithful and impartial inquiry into any matter specified in the instrument of appointment,

(b) report in writing the result of the inquiry, and

(c) furnish in the report the reasons leading to the conclusions stated in the report.

(2) Where a commission of inquiry makes an adverse finding against any person, the report of the Commission of inquiry shall, for the purposes of this Constitution, be deemed to be the judgment of the High Court and accordingly, an appeal shall lie as of right from the finding of the Commission to the Court of Appeal.

(3) The President shall, subject to clause (4) of this article, cause to be published the report of a commission of inquiry together with the White Paper on it within six months after the date of the submission of the report by the Commission.

(4) Where the report of a commission of inquiry is not to be published, the President shall issue a statement to that effect giving reasons why the report is not to be published.

(5) A finding of a commission of inquiry shall not have the effect of a judgment of the High Court as provided under clause (2) of this article, unless

(a) six months have passed after the finding is made and announced to the public, or

(b) the Government issues a statement in the Gazette and in the national media that it does not intend to issue a White Paper on the report of the commission ,whichever is the earlier.

(6) The right of appeal conferred by clause (2) of this article on a person against whom a finding has been made, shall be exercisable within three months after the concurrence of either of the events described in clause (5) of this article or such other time as the High Court or the Court of Appeal may, by special leave and on such conditions as it may consider just, allow.

281. Inquiry procedure

(1) Except as may be otherwise ordered by the Commission in the interest of public morality, public safety or public order, the proceedings of a commission of inquiry shall be held in public.

(2) Subject to the provisions of this Chapter, the Rules of Court Committee established under article 157 of this Constitution shall, by constitutional instrument, make rules regulating the practice and procedure of all commissions of inquiry and for appeals from commissions of inquiry.

282. Assistance by lawyer or other expert

(1) A person whose conduct is the subject of inquiry by a commission of inquiry, or who may, in any way be implicated or concerned in the matter under inquiry, is entitled to be represented by a lawyer at the inquiry and any other person who may consider it desirable that he should be represented by a lawyer, shall be allowed to be so represented.

(2) A person referred to in clause (1) of this article may also be assisted by such other expert as may be reasonably necessary for the purpose of protecting his interests at the inquiry.

283. Immunities and privileges of witnesses

A witness before a commission of inquiry is entitled to the same immunities and privileges as if he were a witness before the High Court,

CHAPTER 24 – CODE OF CONDUCT FOR PUBLIC OFFICERS
284. Conflict of interest

A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.

285. Other public appointments

A person shall not be appointed or act as the Chairman of the governing body of a public corporation or authority while he holds a position in the service of that corporation or authority.

286. Declaration of assets and liabilities

(1) A person who holds a public office mentioned in clause (5) of this article shall submit to the Auditor-General a written declaration of all property or assets owned by, or liabilities owed by him whether directly or indirectly,

(a) within three months after the coming into force of this Constitution or before taking office, as the case may be,

(b) at the end of every four years, and

(c) at the end of his term of office.

(2) Failure to declare or knowingly making a 'false declaration shall be a contravention of this Constitution and shall be dealt with in accordance with article 287 of this Constitution.

(3) The declaration made under clause (1) of this article shall, on demand, be produced in evidence

(a) before a court of competent jurisdiction;

(b) before a commission of inquiry appointed under article 278 of this Constitution; or

(c) before an investigator appointed by the Commissioner for Human Rights and Administrative Justice.

(4) Any property or assets acquired by a public officer after the initial declaration required by Clause (1) of this article and which is not reasonably attributable to income,gift, loan, inheritance or any other reasonable source shall be deemed to have been acquired in contravention of this Constitution.

(5) The public offices to which the provisions of this article apply are those of

(a) the President of the Republic;

(b) the Vice-President of the Republic;

(c) the Speaker, the Deputy Speaker and a member of Parliament;

(d) the Minister of State or Deputy Minister;

(e) the Chief Justice, Justice of the Superior Court of Judicature, Chairman of a Regional Tribunal, the Commissioner for Human Rights and Administrative Justice and his deputies and all judicial officers;

(f) the Ambassador or High Commissioner;

(g) the Secretary to the Cabinet;

(h) the Head of Ministry or government department or equivalent office in the Civil Service;

(i)   the chairman, managing director, general manager and departmental head of  a public corporation or company in which the State has a controlling interest; and

(j) such officers in the public service and any other public institution as Parliament may prescribe.

(6) The Auditor-Genera] shall make a written declaration of his assets and liabilities to the President in the manner and subject to the conditions provided in clauses (1) to (3) of this article.

(7) Before entering upon the duties of his office, a person appointed to an office to which the provisions of this article apply, shall take and subscribe the Oath of Allegiance, the Oath of Secrecy and the Official Oath set out in the Second Schedule to this Constitution, or any other oath appropriate to his office.

287. Complaints of contravention

(1) An allegation that a public officer has contravened or has not complied with a provision of this Chapter shall be made to the Commissioner for Human Rights and Administrative Justice and, in the case of the Commissioner for Human Rights and Administrative Justice, to the Chief Justice who shall, unless the person concerned makes a written admission of the contravention or non-compliance, cause the matter to be investigated.

(2) The Commissioner for Human Rights and Administrative Justice or the Chief Justice as the case may be, may take such action as he considers appropriate in respect of the results of the investigation or the admission.

288. Interpretation

In this Chapter, unless the context otherwise requires, “public officer” means a person who holds a public office.

CHAPTER 25 – AMENDMENT OF THE CONSTITUTION
289. Amendment of the Constitution

(1) Subject to the provisions of this Constitution, Parliament may, by an Act of Parliament, amend any provision of this Constitution.

(2) This Constitution shall not be amended by an Act of Parliament or altered whether directly or indirectly unless

(a) the sole purpose of the Act is to amend this Constitution, and

(b) the Act has been passed in accordance with this Chapter.

290. Amendment of entrenched provisions

(1) This article applies to the amendment of the following provisions of this Constitution, which are, in this Constitution referred to as “entrenched provisions”:

(a) The Constitution: articles 1, 2 and 3;

(b)  the Territories of Ghana: articles 4 and 5;

(c) the Laws of Ghana: article 11;

(d)  Fundamental Human Rights and Freedoms: Chapter 5;

(e)  Representation of the People: articles 42, 43, 46, 49, 55 and 56;

(f) the Executive: Chapter 8;

(g) the Legislature: articles 93 and 106;

(h) the Judiciary: articles 125, 127, 129, 145 and 146;

(i)Freedom and Independence of the Media: article 162, clauses (1) to (5);

(j)Finance: articles 174 and 187;

(k) Police Service: article 200;

(I) the Armed Forces of Ghana: article 210;

(m) Commission 011 Human Rights and Administrative Justice: articles 216 and 225;

(n)National Commission for Civic Education: article 231;

(o) Decentralisation and Local Government: articles 240 and 252;

(p) Chieftaincy: article 270;

(q) Code of Conduct for Public Officers: article 286;

(r) Amendment of the Constitution: Chapter 25; and

(s) Miscellaneous: articles 293 and 2991

(2) A Bill for the amendment of an entrenched provision shall, before Parliament proceeds to consider it, be referred by the Speaker to the Council of State for its advice and the Council of State shall render advice on the Bill within thirty days after receiving it.

(3) The Bill shall be published in the Gazette but shall not be introduced into Parliament until the expiry of six months after the publication in the Gazette under this clause.

(4) After the Bill has been read the first time in Parliament it shall not be proceeded with further unless it has been submitted to a referendum held throughout Ghana and at least forty percent of the persons entitled to vote, voted at the referendum and at least seventy-five percent of the persons who voted cast their votes in favour of the passing of the Bill.

(5) Where the Bill is approved at the referendum, Parliament shall pass it.

(6) Where a Bill for the amendment of an entrenched provision has been passed by Parliament in accordance with this article, the President shall assent to it.

291. Amendment of non-entrenched provisions

(1) A Bill to amend a provision of this Constitution which is not an entrenched provision shall not be introduced into Parliament unless

(a) it has been published twice in the Gazette with the second publication being made at least three months after the first, and

(b) at least ten days have passed after the second publication.

(2) The Speaker shall, after the first reading of the Bill in Parliament, refer it to the Council of State for consideration and advice and the Council of State shall render advice on the Bill within thirty days after receiving it

(3) Where Parliament approves the Bill, it may only be presented to the President for his assent if it was approved at the second and third readings of it in Parliament by the votes of at least two thirds of all the members of Parliament.

(4) Where the Bill has been passed in accordance with this article, the President shall assent to it.

292. Certificate of compliance with Constitution

A Bill for the amendment of this Constitution which has been passed in accordance with this Constitution, shall be assented to by the President only if

(a) it is accompanied by a certificate from the Speaker that the provisions of this Constitution have been complied with in relation to it, and

(b)  in the case of a Bill to amend an entrenched provision, it is accompanied by a certificate from the Electoral Commission, signed by the Chairman of the Commission and bearing the seal of the Commission, that the Bill was approved at a referendum in accordance with this Chapter.

CHAPTER 26 – MISCELLANEOUS
293. Claims against Government

(1) Where a person has a claim against the Government, that claim may be enforced as of right by proceedings taken against the Government for that purpose without the grant of a fiat or the use of the process known as petition of right.

(2) The Government shall be subject to all those liabilities in tort to which, if it were a private person of full age and capacity, it would be Subject,

(a) in respect of torts committed by its employees or agents;

(b) in respect of a breach of duties which a person owes to his employees or agent at common law or under any other law by reason of being their employer; and

(c) in respect of the duties at common law attached to the ownership,occupation, possession or control of property.

(3) No proceedings shall lie against the Government by virtue of paragraph (a) of clause (2) of this article in respect of an act or omission of an employee or agent of the Government unless the act or omission would, apart from this article, have given rise to a cause of action in tort against that employee or his estate.

(4) Where the Government is bound by a statutory duty which is binding also upon persons other than the Government and its officers, the Government shall, in respect of a failure to comply with that duty, be subject to all liabilities in tort to which it would be so subject if the Government were a private person of full age and capacity.

(5) Where functions are conferred or imposed on an officer of the Government as such officer either by a rule of the common law or by Statute and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Government in respect of the tort shall be what they would have been if the functions had been conferred or imposed solely by virtue of instructions lawfully given by the Government

(6) No proceedings shall lie against the Government by virtue of this article in respect of

(a) anything done or omitted to be done by any person while discharging or purporting to discharge responsibilities of a judicial nature vested in him;or

(b) any act, neglect or default of an officer of the Government unless that officer,

(i) has been directly or indirectly appointed by the Government and was, at the material time, paid in respect of his duties as an officer of the Government wholly out of public funds or out of monies provided by Parliament; or

(ii) was, at the material time, holding an office in respect of which the Public Services Commission certifies that the holder of that office would normally be so paid.

(7) Where the Government is subject to a liability by virtue of this article, the law relating to indemnity and contribution shall be enforceable

(a) against the Government by an employee of the Government who is acting in the proper execution of his duties in respect of the liability or by any other person in respect of the liability to which that person is subject, or

(b) by the Government against any person other than an employee of the Government, in respect of the liability to which it is so subject,as if the Government were a private person of full age and capacity.

294. Legal aid

(1) For the purposes of enforcing any provision of this Constitution, a person is entitled to legal aid in connection with any proceedings relating to this Constitution if he has reasonable grounds for taking, defending, prosecuting or being a party to the proceedings.

(2) Subject to clause (1) of this article, Parliament shall, by or under an Act of Parliament, regulate the grant of legal aid.

(3) Without prejudice to clause (2) of this article, Parliament may, under that Clause provide for the granting of legal aid in such matters other than those referred to in clause (1) of this article as may be prescribed by or under that Act.

(4) For the purposes of this article, legal aid shall consist of representation by a lawyer, including all such assistance as is given by a lawyer, in the steps preliminary or incidental to any proceedings or arriving at or giving effect to a compromise to avoid or to bring to an end any proceedings.

295. Interpretation

(1) In this Constitution, unless the context otherwise requires,

“Act of Parliament” includes an Act enacted by Parliament and an Ordinance;

“article” means an article of this Constitution;

“chief” has the meaning assigned to it in article 277 of this Constitution;

“Civil Service” includes service in both central and local governments;

“commission of inquiry” includes a committee of inquiry;

“constitutional instrument” means an instrument made under a power conferred by this Constitution;

“court” includes a court of competent jurisdiction established by or under the authority of this Constitution and a tribunal;

“Decree” includes a Decree made by the National Liberation Council, the

National Redemption Council, the Supreme Military Council or the Armed Forces Revolutionary Council or under its authority and any statutory instrument made under the authority of any such Decree;

“District Assembly” includes a Metropolitan and a Municipal Assembly;

“enactment” means an Act of Parliament, a Decree, a Law or a constitutional instrument or a statutory instrument or any provision of an Act of Parliament, a Decree, a Law or of a constitutional or of a statutory instrument;

“entrenched provision” has the meaning assigned to it in article 290 of this Constitution;

“functions” includes powers and duties;

“Government” means an authority by which the executive authority of Ghana is duly exercised;

“high crime” means high crime within the meaning of article 2 of this Constitution;

“high treason” means high treason within the meaning of article 3 of this Constitution;

“judgment” includes a decision, an order or decree of the Court;

“meeting” includes a period during which Parliament is meeting continually within a session;

“Minister” means a Minister appointed under article 78 or 256 of this Constitution;

“oath” includes an affirmation;

“Oath of Allegiance” means the Oath of Allegiance specified in the Second Schedule to this Constitution;

“paramount chief” means a person who has been nominated, elected and installed as a paramount chief in accordance with customary law and usage;

“public corporation” means a corporation or any other body of persons established by an Act of Parliament or set up out of funds provided by Parliament or other public funds;

“public interest” includes any right or advantage which ensures or is intended to ensure to the benefit generally of the whole of the people of Ghana;

“public office” includes an office the emoluments attached to which are paid directly from the Consolidated Fund at directly out of monies provided by Parliament and an office in a public corporation established entirely out of public funds or monies provided by Parliament;

“public service” includes service in any civil office of Government, the emoluments attached to which are paid directly from the Consolidated Fund o rdirectly out of monies provided by Parliament and service with a public corporation;

“retiring awards” includes pension and gratuity;

“Rules of Court Committee” means the Rules of Court Committee established by article 157 of this Constitution;

“Service Chiefs” includes Army Chief of Staff, Chief of Naval Staff and Chief of Air Staff;

“session” means a series of meetings of Parliament within a period of twelve months;

“sitting” includes a period during which Parliament is sitting continuously without adjournment and a period during which it is in committee;

“statutory instrument” means an instrument made, whether directly or indirectly, under a power conferred by an Act of Parliament or a Decree or a Law;

“stool” includes a skin, and the person or body of persons having control over skin land;

“stool land” includes any land or interest in, or right over, any land controlled by a stool or skin, the head of a particular community or the captain of a company, for the benefit of the subjects of that stool or the members of that community or company;

“treason” means treason as defined in article 19 of this Constitution.

(2) In this Constitution and in any other law,

(a) a reference to the holder of an office by the term designating his office,shall, unless the context otherwise requires, be construed as including a reference to a person for the time being lawfully acting in or performing the functions of that office;

(b) references to the power to remove a public officer from his office shall be construed, subject to clause (4) of this article, as including reference to a power conferred by any law to require or permit that officer to retire from the public service.

(3) Nothing in paragraph (b) of Clause (2) of this article shall be construed as conferring on any person or authority power to require a Justice of the Superior Court of Judicature or the Auditor-General to retire from the public service.

(4) A power conferred by a law to permit a person to retire from the public service shall, in the case of a public officer who may be removed from office by some person or authority, other than a commission established by this Constitution, vest in the President acting in accordance with the advice of the appropriate authority.

(5) For the purposes of this Constitution and any other law, a person shall not be considered as holding a public office by reason only of the fact that he is in receipt of a pension or other similar allowance in respect of service under the Government of Ghana.

(6) A provision in this Constitution that vests in a person or authority a power to remove a public officer from his office, shall be without prejudice to the power of any person or authority to abolish an office or to a law for compulsory retirement of public officers generally or any class of public officers on attaining the age specified in the law.

(7) Where power is vested by this Constitution in any person or authority to appoint a person to act in or perform the functions of an office if the holder of the office is unable to perform those functions, the appointment shall not be called in question on the ground that the holder of the office could have performed those functions.

(8) No provision of this Constitution or of any other law to the effect that a person or authority shall not be subject to the direction or control of any other person or authority int he performance of any functions under this Constitution or that law, shall preclude a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or the law.

(9) In this Constitution references to the alteration of any of the provisions of this Constitution or of an Act of Parliament include references to the amendment,modification, re-enactment with amendment or modification, the suspension or repeal of that provision and the making of a different provision in place of that provision.

296. Exercise of discretionary power

Where in this Constitution or in any other law discretionary power is vested in any person or authority,

(a) that discretionary power shall be deemed to imply a duty to be fair and candid;

(b) the exercise of the discretionary power shall not be arbitrary, capricious or  biased either by resentment, prejudice or personal dislike and shall be in accordance with due process of law; and

(c)  where the person or authority is not a Justice or other judicial officer, there shall be published by constitutional instrument or statutory instrument,Regulations that are not inconsistent with the provisions of this Constitution or that other law to govern the exercise of the discretionary power.

297. Implied power

In this Constitution and in any other law,

(a) the power to appoint a person to hold or to act in an office in the public service shall include the power to confirm appointments, to exercise disciplinary control over persons holding or acting in any such office and to remove those persons from office;

(b) where a power is conferred or a duty is imposed, the power may be exercised and the duty shall be performed from time to time, as occasion requires;

(c) where a power is given to a person or authority to do or enforce the doing of an act or a thing, all such powers shall be deemed to be also given as necessary to enable that person or authority to do or enforce the doing of the act or thing;

(d) where a power is conferred to make any constitutional or statutory instrument, Regulations or Rules or to pass any resolution or give any direction, the power shall be construed as including the power, exercisable in the same manner, to amend or to revoke the constitutional or statutory instrument, Regulations, Rules or resolution or direction as the case may be;

(e) words importing male persons include female persons and corporations;

(f)  words in the singular include the plural, and words in the plural include the singular;

(g)   where a word is defined. other parts of speech and tenses of that word have corresponding meanings;

(h) words directing or empowering a public officer to do any act or thing, or otherwise applying to him by the designation of his office, include his successors in office and all his deputies and all other assistants;

(i) words directing or empowering a Minister of State to do an act or a thing,or otherwise applying to him by the designation of his office, include a person acting for him, or if the office is vacant, a person designated to actin that office by or: under the authority of an Act of Parliament and also his successors in office and all his deputies or other assistants;

(j) where a power is conferred or a duty is imposed on the holder of an office as such, the power may be exercised and the duty shall be performed by the person for the time being charged with the performance of the functions of that office.

298. Residual powers of Parliament

Subject to the provisions of Chapter 25 of this Constitution, where on any matter whether arising out of this Constitution or otherwise, there is no provision, express or by necessary implication of this Constitution which deals with the matter that has arisen,Parliament shall, by an Act of Parliament, not being inconsistent with any provision of this Constitution, provide for that matter to be dealt with.

299. Transitional provisions

The transitional provisions specified in the First Schedule to this Constitution shall have effect notwithstanding anything to the contrary in this Constitution.

SCHEDULES
FIRST SCHEDULE

Transitional Provisions

 PART I

 First President

  1. First President

(1) Notwithstanding anything in this Constitution, the person duly elected President of Ghana under the law in force immediately before the coming into force of this Constitution shall be taken to have been duly elected for the purposes of this Constitution.

(2) The President referred to in subsection (1) of this section shall assume office as President on the date of the coming into force of this Constitution notwithstanding anything in this Constitution.

PART II

First Parliament

  1. First Parliament

(1) Notwithstanding anything in this Constitution, the persons duly elected as members of Parliament under the law in force immediately before the coming into force of this Constitution, shall be taken to have been duly elected members of Parliament for the purposes of this Constitution.

(2) The person who was Clerk of the Consultative Assembly or such other public officer as the Provisional National Defence Council may designate, shall, notwithstanding anything to the contrary in this Constitution, act as Clerk to Parliament until a clerk is appointed under article 124 of this Constitution.

(3) The person who was Clerk of the Consultative Assembly established under the Consultative Assembly Law, 1991 (P,N.D.C.L. 253) or other person designated under subsection (2) of this section shall, not later than seven days after the coming into force of this Constitution, summon a meeting of Parliament for the election of the Speaker, the taking of oaths by members of Parliament, the swearing in of the President and the approval of Ministers of State and Deputy Ministers for appointment under this Constitution.

(4) For the avoidance of doubt, any notice given before the coming into force of this Constitution summoning Parliament to meet for the purposes of subsection (3) of this section,shall be deemed to be a valid notice for all purposes.

(5) The Standing Orders of the Parliament under the Constitution of the Republic of Ghana, 1979 shall apply to the proceedings of Parliament until Parliament otherwise determines under article 110 of this Constitution.

PART III

The Judiciary

  1. Functions of Superior Courts of Judicature

(1) The Supreme Court, the Court of Appeal and the High Court in existence immediately before the coming into force of this Constitution shall be deemed to have been established under this Constitution and shall perform the functions of the Supreme Court, the Court of Appeal and the High Court specified respectively in Chapter 11 of this Constitution.

(2) All proceedings pending before any court referred to in subsection (1) of this section immediately before the coming into force of this Constitution may he proceeded with and completed in that court notwithstanding anything in this Constitution.

 

  1. Continuance of appointment of Justices of the Superior Courts

(1) A Justice of the Supreme Court, the Conn of Appeal at the High Court holding office immediately before the coming into force of this Constitution, shall continue to hold office as if appointed to that office under this Constitution.

(2) Any person to whom this section applies shall, on the coming into force of this Constitution, take and subscribe the Oath of Allegiance and the Judicial Oath set out in the Second Schedule to this Constitution.

 

  1. Continuance in existence of Public Tribunals Board for six months

The Public Tribunals Board shall cease to exist within six months after the coming into force of this Constitution and its functions, assets and liabilities are transferred to the Judicial Council.

 

  1. Parliament to prescribe jurisdiction of Regional Tribunals and establish lower courts and tribunals.

Parliament shall, within six months after the coming into force of this Constitution,

(a) prescribe by law the jurisdiction of Regional Tribunals for the purposes of article 143 of this Constitution; and

(b) establish lower courts or tribunals for the purposes of article 126 of this Constitution.

 

  1. Existing Public Tribunals and other courts

(1) All cases partly heard before any of the following Public Tribunals immediately before the coming into force 01 this Constitution, may be continued and completed before that public tribunal:

(a) the National Public Tribunal;

(b)Regional Public Tribunals;

(c)District Public Tribunals; and

(d) Community Public Tribunals.

(2) All cases partly heard before any Circuit Court, District Court Grade I or District Court Grade II immediately before the coming into force of this Constitution may be continued and completed before that court.

(3) The National Public Tribunal shall cease to exist upon completion of the partly heard cases referred to in subsection (1) of this section, or within six months after the coming into force of this Constitution, whichever is earlier.

(4) All cases other than those referred to in subsection (1) of this section pending before the National Public Tribunal immediately before the coming into force of this Constitution,shall he transferred to such court or tribunal as the Chief Justice may direct.

(5) A person employed with any Public Tribunal immediately before the coming into force of this Constitution and who is qualified and suitable for appointment to any office or position in the Judicial Service, may be so appointed if recommended to be appointed by the Judicial Council.

PART IV

 Miscellaneous

 

  1. Existing offices

(1) A person who immediately before the coming into force of this Constitution held or was acting in an office in existence immediately before the coming into force of this Constitution, shall be deemed to have been appointed as far as is consistent with the provisions of this Constitution to hold or act in the equivalent office under this Constitution.

(2) A person who before the coming into force of this Constitution would have been required under the law in force to vacate his office at the expiration of a period of service shall, notwithstanding the provisions of subsection (1) of this section, vacate his office at the expiration of a period of service shall, notwithstanding the provisions of subsection (1) of this section, vacate his office at the expiration of that period.

(3) This section shall be without prejudice to any powers conferred by or under this constitution or any other law not being inconsistent with any provision of this Constitution,upon any person or authority to make provision for the abolition of office, for the removal from office of persons holding or acting in any office and for requiring those persons to retire from office.

(4) In determining, for the purposes of any law relating to retiring benefits or otherwise to length of service, the length of service of a public officer to whom the provisions of subsections (1) and (2) of this section apply, service as a public officer under the Government which terminates immediately before the coming into force of this Constitution shall be deemed to be continuous with service as a public officer which begins immediately at coming into force.

(5) A person to whom the provisions of this section apply shall, immediately on the coming into force of this Constitution or at any convenient time thereafter, take and subscribe the oath, if any, required for that office by law.

(6) A person who was entitled to retire on his salary immediately before the coming into force of this Constitution shall have the same terms and conditions of service relating to retiring awards as he enjoyed immediately before the coming into force of this Constitution,and accordingly, nothing in this Constitution or in this Schedule shall adversely affect the conditions of service of any such person

(7) The terms and conditions of service of a person to whom subsection (1) of this section applies shall not be less favourable than those applicable to him immediately before the coming into force of this Constitution.

 

  1. Certain appointments to be made within six months after President assumes office

The first appointments to the following offices shall be made within six months after the President assumes office,

(a) the Commissioner for Human Rights and Administrative Justice and his deputies;

(b) the District Assemblies Common Fund Administrator;

(c)  the Chairman, the Deputy Chairmen and members of the Electoral Commission;

(d) the chairmen and ether members of,

(i) the National Council for Higher Education howsoever described;

(ii) the National Media Commission; and

(iii) the National Commission for Civic Education.

 

  1. Public corporations

Until Parliament enacts an Act of Parliament in accordance with article 192 of this Constitution for the establishment or operation of a public corporation, 3 public corporation in existence immediately before the coming into force of this Constitution shall continue its operations under the enactment under which it was established.

 

  1. Office of Ombudsman

The office of the Ombudsman in existence immediately before the coming into force of this Constitution shall, until the President appoints the Commission for Human Rights and Administrative Justice and his deputies, and provision is otherwise made, continue as if it forms part of the Office of the Commission for Human Rights and Administrative Justice.

 

  1. Cases pending before ORC, NIC and SHAPIC

Notwithstanding anything in this Constitution to the contrary, all cases pending before the Office of Revenue Commissioners (O.R.C.) established under the Revenue Commissioners Law, 1984 (P.N.D.C.L. 80), the National investigations Committee established under the National Investigations Committee (N.I.C.) Law, 1982 (P.N,D.C.L. 2)and the State Houses (Allocation Policy and implementation) Commission (S.H.A.P.I.C.)established under the State Houses (Allocation and Policy and Implementation) Commission Law, 1984 (P.N.D.C.L. 83) in existence immediately before the coming into force of this Constitution may be proceeded with and completed by that Commission or Committee, until the submission of its reports or until it is otherwise dissolved in accordance with law.

 

  1. Age for social security pension

Notwithstanding article 199 of this Constitution, a person is not entitled to receive pension under the Social Security Scheme under the Social Security Law, I991 (P.N.D,C.L. 247) before attaining the age of fifty-five years unless Parliament by law otherwise determines.

 

  1. Existing commissions and committees of inquiry

(1) Notwithstanding anything in this Constitution to the contrary any commission or committee of inquiry in existence immediately before the coming into force of this Constitution, may continue in existence until the submission of its report or until it is otherwise dissolved in accordance with law.

(2)   For the avoidance of doubt, the report and findings of a commission or committee of inquiry established before the coming into force of this Constitution under any enactment shall have the same effect as the report or findings of a commission or committee of inquiry established under this Constitution.

 

  1. Pending matters

Where any matter or thing has been commenced before the coming into force of this Constitution by a person or authority that has power for the purpose under the existing law,that matter or thing may be carried on and completed by the person or authority having power for the purpose after the coming into force of this Constitution, and it shall not be necessary for the person or authority to commence the matter or thing afresh.

 

  1. Official seals, etc.

The Presidential seat, the Public seal, the seals of the Superior Courts as well as any prescribed forms in use under any enactment in force immediately before the coming into force of this Constitution shall continue to be used until provision is otherwise made for them.

 

  1. Prerogative of mercy

The prerogative of mercy of the President under article 72 of this Constitution may be exercised in respect of any criminal offence committed before the coming into force of this Constitution as it may in respect of criminal offence committed thereafter.

 

  1. Consolidated Fund and Contingency Fund to continue

(1) The Consolidated Fund and the Contingency Fund in existence immediately before  the coming into force of this Constitution, shall, until otherwise provided by law, continue in existence as the Consolidated Fund and the Contingency Fund referred to in article 175 of this Constitution.

(2) Subject to this Constitution, every payment required or authorised to be made into a public fund or out of a public fund under any enactment in force immediately before the coming into force of this Constitution shall continue to be made into or out of that fund.

 

  1. Estimates for current financial year to continue to have effect

Notwithstanding any law to the contrary, the financial estimates in operation for the financial year in being at the coming into force of this Constitution shall, until provision is otherwise made by Act of Parliament, continue and shall have full effect

 

  1. Payment and saving of rights under former Constitutions and laws

All compensations, pensions, gratuities and similar allowances granted in accordance with the provisions of any Constitution or any other law formerly in force in Ghana and which were payable immediately before the coming into force of this Constitution, shall,notwithstanding the abrogation or repeal of any such Constitution or law, as the case may be,continue to be payable and are charged on the Consolidated Fund.

 

  1. Enactments not yet in force

Where immediately before the coming into force of this Constitution any existing enactment had not been brought into force or was to come into force on a date subsequent to such coming into force, the enactment may be brought into force in accordance with its terms,or shall come into force upon such subsequent date, as the case may be

 

  1. Register of voters and Electoral Commission

(1) The register of voters for public elections and referenda in existence immediately before the coming into force of this Constitution shall, on the coming into force of this Constitution, have effect as if it was complied under this Constitution.

(2) Subject to this Constitution, the Interim National Electoral Commission in existence immediately before the coming into force of this Constitution shall, on the coming into force of this Constitution and until the President appoints the members of the Electoral Commission under section 9 of this Schedule, exercise the functions and powers provided for the Electoral Commission in this Constitution.

 

  1. District Assemblies, etc., continued in existence subject to the Constitution

) Until Parliament otherwise provides by law, existing laws regulating the operation of District Assemblies and other local authorities shall continue to regulate their operations.

(2) Until Parliament establishes the District Assemblies Common Fund in accordance with article 252 of this Constitution, all taxes and other monies collected exclusively for District Assemblies shall continue to be collected exclusively for District Assemblies under the enactments under which they were collected.

 

  1. Houses of Chiefs, etc.

The National House of Chiefs, the Regional Houses of Chiefs, the Traditional Councils and all Judicial Committees of those bodies in existence immediately before the coming into force of this Constitution shall, on the coming into force of this Constitution, continue in existence subject to this Constitution,

 

  1. Consequential amendments to Oaths Decree, 1972 (N.R.C.D. 6)

The Oaths Decree, 1972 (N.R.C.D. 6), as amended, shall have effect subject to the provisions of this Constitution.

 

  1. General adaptation of existing enactments

Except where the context otherwise required and subject to the other provisions of this Part, in all enactments in existence immediately before the coming into force of this Constitution,

(a) for any reference to the Provisional National Defence Council there shall be substituted a reference to the Cabinet;

(b) for any reference to the Secretary to the Provisional National Defence Council where the reference relates to the functions normally performed by the Secretary to the Cabinet the reference shall be a reference to the Secretary to the Cabinet;

(c) any reference to the Secretary to the Committee of Secretaries shall be a reference to the Head of the Civil Service;

(d)  for any reference to a Secretary, being an individual of ministerial rank, there shall be substituted 3 reference to a Minister;

(e)  for any reference to a Member of the Provisional National Defence Council responsible for any subject or department of State there shall be substituted a reference to the Minister responsible for that subject or department of State.

 

  1. Chief of Defence Staff to include General Officer Commanding

In this Constitution, any reference to the Chief of Defence Staff shall be deemed to include any person who holds or held the office of General Officer Commanding.

  1. Reference to Government in enactments

(1) A reference to the Government in an enactment in existence immediately before the coming into force of this Constitution, where the reference relates to a legislative function normally performed by Parliament or a National Assembly shall be construed as a reference to Parliament.

(2) A reference to the Government in an enactment in existence immediately before the coming into force of this Constitution, where the reference relates to an executive function of the Government, shall be construed as a reference to the President.

 

  1. References to Provisional National Defence Council in enactments

(1) A reference to the Provisional National Defence Council in any enactment in existence immediately before the coming into force of this Constitution, where the reference was originally a reference to the President, shall be construed as a reference to the President.

(2) A reference to the Provisional National Defence Council in any enactment in existence immediately before the coming into force of this Constitution, where the reference relates to a legislative function normally performed by the Parliament or a National Assembly shall be construed as a reference to Parliament.

(3) A reference to the Provisional National Defence Council in any enactment in existence immediately before the coming into force of this Constitution, where the reference relates to an executive function of the Council shall be construed as a reference to the President.

(4) A reference to the Provisional National Defence Council in any enactment in existence immediately before the coming into force of this Constitution, where the reference relates to the making of a statutory instrument, shall be construed as a reference to the President or to any Minister or authority designated by the President.

 

  1. Modifications of existing laws by the President

The First President under this Constitution may, at any time within twelve months after assuming office as President, by constitutional instrument, make such provision as may appear necessary for repealing, modifying, adding to or adapting any law for bringing it into accord with the provisions of this Constitution or otherwise for giving effect to this Constitution.

 

  1. Continuation of effect of matters prescribed by existing law

(1) Where any matter that falls to be prescribed or otherwise provided for under this Constitution by Parliament or by any other authority or person or is otherwise lawfully prescribed or provided for immediately before the coming into force of this Constitution, that prescription or provision shall, as from the coming into force of this Constitution, have effect with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution as if made under this Constitution by Parliament or, as the case may be, by the other authority or person.

(2) For the avoidance of doubt, and without prejudice to the general effect of subsection (1) of this section, where anything is required or authorised by this Constitution to be prescribed or provided for by or under an Act of Parliament, it shall be deemed to be duly prescribed or provided for, if it has been prescribed or provided for by or under an Act,Decree, or a law in force immediately before the coming into force of this Constitution

 

  1. Succession to property

(1) Subject to the provisions of articles 257 and 258 of this Constitution, all properties and assets which immediately before the coming into force of this Constitution were vested in any authority or person for the purposes of, or in right of, the Government of Ghana or in the Government of Ghana, shall, on the coming into force of this Constitution, without further assurance than this section, vest in the President.

(2) Any property which was liable, immediately before the coming into force of this Constitution, to estreat or to be forfeited to the Government of Ghana shall be liable to estreator to be forfeited to the Government of Ghana under this Constitution.

(3) Where immediately before the coming into force of this Constitution any person held any property or asset in trust,

(a) for the President of Ghana under the Constitution that was abrogated on the 31st December, 1981; or

(b) for the Provisional National Defence Council or the Government of Ghana; or

(c) for the purposes of, or in right of, the Government of Ghana, that person shall, on  the coming into force of this Constitution, hold the property or asset subject to the provisions of articles 257 and 258 of this Constitution, on the same trust for the Government of Ghana established under this Constitution.

(4) In this section, references to property and assets vested in or held in trust shall include property and assets vested in or held in trust immediately before the 3lst day of December, 1981, for an interest which extends beyond the 30th day of December, 1981 and has not been surrendered.

 

  1. Devolution of other rights and liabilities

Subject to section 32 of this Schedule,

(a) where under an existing law, a right, prerogative, power, privilege or function is vested in the Provisional National Defence Council, that right, prerogative,power, privilege or function shall, on the coming into force of this Constitution,vest in the President or such other person or authority as is specified under this Constitution who, subject to the provisions of this Constitution or any other law, may do all things necessary for its exercise or performance; and

(b) any right, power, privilege, obligation, liability, duty or function vested in, or subsisting against the Government of Ghana by or under an existing law shall continue to so vest or subsist.

 

  1. Indemnity

(1)   No member of the Provisional National Defence Council, the Provisional National Defence Council Secretary, or other appointees of the Provisional National Defence Council shall be held liable either jointly or severally, for any act or omission during the administration of the Provisional National Defence Council.

(2) It is not lawful for any court or tribunal to entertain any action or take any decision or make any order or grant any remedy or relief in any proceedings instituted against the Government of Ghana or any person acting under the authority of the Government of Ghana whether before or after the coming into force of this Constitution or against any person or persons acting in concert or individually to assist or bring about the change in Government which took place on the twenty-fourth day of February, 1966, on the thirteenth day of January, 1972, on the fourth day of June, 1979 and on the thirty-first day of December, 1981 in respect of any act or omission relating to, or consequent upon,

(a) the overthrow of the government in power before the formation of the National Liberation Council, the National Redemption Council, the Supreme Military Council, the Armed Forces Revolutionary Council and the Provisional National Defence Council;

(b) the suspension or abrogation of the Constitutions of 1960, 1969 and 1979;

(c) the establishment of the National Liberation Council, the National Redemption Council, the Supreme Military Council which took office on the ninth day ofOctober, 1975, the Supreme Military Council established on the fifth day of July, 1978, the Armed Forces Revolutionary council, or the Provisional National Defence Council; or

(d) the establishment of this Constitution.

(3) For the avoidance of doubt, it is declared that no executive, legislative or judicial Action taken or purported to have been taken by the Provisional National Defence Council orthe Armed Forces Revolutionary Council or a member of the Provisional National Defence Council or by any person appointed by the Provisional National Defence Council or the Armed Forces Revolutionary Council in the name of either the Provisional National Defence Council or the Armed Forces Revolutionary Council shall be questioned in any proceedings whatsoever and, accordingly, it shall not be lawful for any court or other tribunal to make any order or grant any remedy or relief in respect of any such act.

(4) The provisions of subsection (3) of this section shall have effect notwithstanding that any such action as is referred to in that subsection was not taken in accordance with any procedure by law.

(5) It is not lawful for any court or tribunal to entertain an action instituted in respect of an act or omission against a person acting or omitting to act, on the instructions or authority of the  Provisional National Defence Council or the Armed Forces Revolutionary Council or the a member of the Provisional National Defence Council or Armed Forces Revolutionary Council and alleged to be in contravention of any law, whether substantive or procedural, in existence before and during the administration of the Provisional National Defence Council or the Armed Forces Revolutionary Council.

 

  1. Preservation of confiscation and penalties imposed by A.F.R.C. and P.N.D.C.

(1) Subject to subsection (2) of this section, any confiscation of any property and any other penalties imposed by (it under the authority of the Armed Forces Revolutionary Council (A.F.R.C.) and the Provisional National Defence Council (P.N.D.C.) under any Decree or Law made by that Council, shall not be reversed by any authority under this Constitution.

(2) Where any property or part of any property of a person was confiscated on the basis of his holding a public or political office or on any other basis, and it is established to the satisfaction of the Commissioner for Human Rights and Administrative Justice that the property or that part was acquired before he assumed the public or political office, or that it was otherwise lawfully acquired, the property or that part shall be returned to that person.

 

  1. Abrogation of P.N.D.C. (Establishment) Proclamation

(1) Upon the coming into force of this Constitution, the Provisional National Defence Council (Establishment) Proclamation, 1981 and the Provisional National Defence Council(Establishment) Proclamation (Supplementary and Consequential Provisions) Law, 1982 (P.N.D.C.L. 42) shall cease to have effect.

(2) Notwithstanding the abrogation of the Proclamation referred to in subsection (1) of this section, any enactment or rule of law in force immediately before the coming into force of this Constitution shall, in so far as it is not inconsistent with a provision of this Constitution,continue in force as if enacted, issued, or made under the authority of this Constitution.

 

  1. Sections not to be amended

Notwithstanding anything in Chapter 25 of this Constitution, Parliament shall have no power to amend this section or sections 34 and 35 of this Schedule.

SECOND SCHEDULE

Form of Oath

The oath of Allegiance

l, ........................................................................................................................................ do (in

the name of the Almighty God swear) (solemnly affirm) that 1 will bear true faith and allegiance to the  Republic of Ghana as by law established; that I will uphold the sovereignty and integrity ofGhana; and that I will preserve, protect and defend the Constitution of the Republic of Ghana.

(So help me God).

To be sworn before the President, the Chief Justice or such other person as the President may designate.

 

The Presidential Oath

I, ..................................................................................................................... having been elected to the high office of President of the Republic of Ghana do (in the name of the Almighty God swear) (solemnly affirm) that I will be faithful and true to the Republic of Ghana; that I will at all times preserve, protect and defend the Constitution of the Republic of Ghana; and that I dedicate myself to the service and well being of the people of the Republic of Ghana and to do right to all manner of persons.

I further (solemnly swear) (solemnly affirm) that should 1 at any time break this oath of office I shall submit myself to the Laws of the Republic of Ghana and suffer the penalty for it. (So help me God).

To be administered by the Chief Justice before Parliament.

 

The Oath of the Vice-President

I, .............................................................................................................................. having been elected to the office of the Vice-President of the Republic of Ghana, do (in the name of the Almighty God swear) (solemnly affirm) that I will be faithful and true to the Republic of Ghana;that 1 will at all times preserve, protect and defend the Constitution of the Republic of Ghana; and I dedicate myself to the service and wellbeing of the people of the Republic of Ghana and to do right to all manner of persons‘

I further (solemnly swear) (solemnly affirm) that should I at any time break this oath of office,I shall submit myself to the Laws of the Republic of Ghana and suffer the penalty for it.

(So help me God).

To be administered by the Chief Justice before Parliament.

 

The Judicial oath

l, ....................................................................................................................... having been appointed (Chief Justice/a Justice of the Supreme Court/a Justice of the Court of Appeal/a Justice of the High Court of Justice, etc.) do (in the name of the Almighty God swear) (solemnly affirm)that I will bear true faith and allegiance to the Republic of Ghana as by law established; that I will uphold the sovereignty and integrity of the Republic of Ghana; and that I will truly and faithfully

perform the functions of my office without fear or favour. affection or ill-will; and that I will at all times uphold, preserve, protect and defend the Constitution and the Laws of the Republic of Ghana.

(So help me God).

To be sworn before the President, the Chief Justice or such other person as the Chief Justice  may designate

 

The Oath ofMember of the Council of State

I ............................................................................................................................................. do (solemnly swear in the name of the Almighty God) (solemnly affirm) that 1 will faithfully and conscientiously perform my duties as a member of the Council of State and uphold, preserve,protect and defend the Constitution of the Republic of Ghana.

(So help me God).

To be sworn before the President.

 

The Cabinet Oath

I .............................................................................................................................. having been appointed a member of the Cabinet do (in the name of the Almighty God swear) (solemnly affirm)that I will not directly or indirectly reveal such matters as shall be debated in the Cabinet and committed to my secrecy; and that I will uphold. preserve, protect and defend the Constitution of the Republic of Ghana.

(So help me God).

To be sworn before the President.

 

The Oath of Minister of State

I,............................................. ....having been appointed Minister of State (Deputy Minister) of the Republic of Ghana, do (in the name of the Almighty God swear) (solemnly affirm) that I will at all times well and truly serve the Republic of Ghana in the office of Minister of State (Deputy Minister); that I will uphold, preserve,protect and defend the Constitution of the Republic of Ghana as by law established; that I will, to the best of my  judgment, at all times when required , freely give my council and advice for the good management of the public affairs of the Republic of Ghana; and that I will not directly or indirectly reveal any matters that shall come to my knowledge in the discharge of my duties and committed to  my secrecy as Minister of State (Deputy Minister).

(So help me God).

To be sworn before the President.

 

The oath of Secrecy

I, .................................................................................................................holding the office of........................................................ do (in the name of the Almighty God swear) (solemnly affirm) that 1 will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties except as may be required for the discharge of my official duties as may be specially permitted by law.

(So help me God).

To be sworn before the President, the Chief Justice or such other person as the President may designate.

 

The OfficialOath

I ....................................................................................................................................... do (in the name of the Almighty God swear) (solemnly affirm) that I will at all times well and truly serve the Republic of Ghana In the office of ............................................................................... and that I will uphold, preserve protect and defend the Constitution of the Republic of Ghana as by law established.

(So help me God).

To be sworn before the President or such other person as the President may designate.

 

The Speaker's Oath

I, ....................................................................................................................................... do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana as by law established; that 1 will uphold the integrity of the Republic of Ghana; that I will faithfully and conscientiously discharge my duties as Speaker of Parliament; and that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana; and that I will do right to all manner of persons in accordance with the Constitution of Ghana and the laws and conventions of Parliament without feat or favour, affection or ill—will.

(So help me God).

To be sworn before the Chief Justice.

 

The Oath of a Member of Parliament

  1. .............................................................................................................................. having been elected a member of Parliament do (in the name of the almighty God swear) (solemnly affirm) that I will beat true faith and allegiance to the Republic of Ghana as by law established; that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana; and that I will faithfully and conscientiously discharge the duties of a member of Parliament.

(So help me God).

To be sworn before the speaker

 

The Oath of the Auditor-General

I, .............................................................................................................................. having been appointed Auditor-General of the Republic of Ghana do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith and allegiance to the Republic of Ghana; that I will uphold, preserve, protect and defend the Constitution of the Republic of Ghana; and that I will truly and faithfully perform the functions of my office without fear or favour, affection or ill-will.

(So help me God).

To be sworn before the President or such other person as the President may designate.

 

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