CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA. Art.1-112★

CONSTITUTION OF THE FOURTH REPUBLIC OF GHANA

PREAMBLE

IN THE NAME OF THE ALMIGHTY GOD

We the People of Ghana,

IN EXERCISE of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity;

IN A SPIRIT of friendship and peace with all peoples of the world;

AND IN SOLEMN declaration and affirmation of our commitment to Freedom, Justice,

Probity and Accountability;

The Principle that all powers of Government spring from the Sovereign Will of the People;

The Principle of Universal Adult Suffrage;

The Rule of Law;

The protection and preservation of Fundamental Human Rights and Freedoms, Unity and

Stability for our Nation;

DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

CHAPTER 1

THE CONSTITUTION

1. Supremacy of the Constitution

(1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.

(2) This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.

2. Enforcement of the Constitution

(1) A person who alleges that

(a) an enactment or anything contained in or done under the authority of that or any other enactment, or

(b) any act or omission of any person, is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.

Sam (No.2) v. A-G [2000] SCGLR 305 @P.314, S.C.

Mensima & Ors v. A-G& Ors [1997-98] 1 GLR 159 @P.164, S.C.

Edusei v. A-G &Anor [1997-1998]2 GLR 1, Holding 1 @P.15, S.C.

(2) The Supreme Court shall, for the purposes of a declaration under clause (1) of this article, make such orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made.

(3) A person or group of persons to whom an order or direction is addressed under clause (2) of this article by the Supreme Court, shall duly obey and carry out the terms of the order or direction.

(4) Failure to obey or carry out the terms of an order or direction made or given under clause (2) of this article constitutes a high crime under this Constitution and shall, in  the case of the President or the vice-president, constitute a ground for removal from office under this Constitution.

(5) A person convicted of a high crime under clause (4) of this article shall

(a) be liable to imprisonment not exceeding ten years without the option of a fine; and

(b) not be eligible for election, or for appointment, to any public office for ten years beginning with the date of the expiration of the term of imprisonment,

3. Defence of the Constitution

(1) Parliament shall have no power to enact a law establishing a one-party State.

(2) Any activity of a person or group of persons which suppresses or seeks to suppress the lawful political activity of any other person or any class of persons, or persons generally is unlawful.

(3) A person who

(a) by himself or in concert with others by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act, or

(b) aids and abets in any manner any person referred to in paragraph (a) of this clause, commits the offence of high treason and shall, on conviction, be sentenced to suffer death.

(4) All citizens of Ghana shall have the right and duty at all times

(a) to defend this Constitution, and in particular, to resist any person or group of persons seeking to commit any of the acts referred to in clause (3) of this article; and

(b) to do all in their power to restore this Constitution after it has been suspended, overthrown, or abrogated as referred to in clause (3) of this article.

(5) A person or group of persons who suppresses or resists the suspension, overthrow or abrogation of this Constitution as referred to in clause (3) of this article, commits no offence.

(6) Where a person referred to in clause (5) of this article is punished for an act done under that clause, the punishment shall, on the restoration of this Constitution, be taken to be void from the time it was imposed and he shall, from that time, be taken to be absolved from all liabilities arising out of the punishment,

(7) The Supreme Court shall, on application by or on behalf of a person who has suffered any punishment or loss to which clause (6) of this article relates, award him adequate compensation, which shall he charged on the Consolidated Fund, in respect of any suffering or loss incurred as a result of the punishment.

CHAPTER 2

TERRITORIES OF GHANA

4. Territories of Ghana

(1) The sovereign State of Ghana is a unitary Republic consisting of those territories comprised in the regions which, immediately before the coming into force of this Constitution, existed in Ghana, including the territorial sea and the air space.

(2) Parliament may by law provide for the delimitation of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of Ghana.

5. Creation, alteration or merger of regions

(1) Subject to the provisions of this article, the President may, by Constitutional Instrument,

(a) create a new region;

(b) alter the boundaries of a region; or

(c) provide for the merger of two or more regions.

(2) If the President, upon a petition being presented to him and, on the advice of the Council of State, is satisfied that there is a substantial demand for

(a) the creation of a new region,

(b) the alteration of the boundaries of a region, whether or not the alteration involves the creation of a new region, or

(c) the merger of any two or more regions,

he shall, acting in accordance with the advice of the Council of State, appoint a commission of inquiry to inquire into the demand and to make recommendations on all the factors involved in the creation, alteration or merger.

(3) If, notwithstanding that a petition has not been presented to him, the President is, on the advice of the Council of State, satisfied that the need has arisen for taking any of the steps referred to in paragraphs (a), (b) and (c) of clause (1) of this article, he may, acting in accordance with the advice of the Council of State, appoint a commission of inquiry to inquire into the need and to make recommendations on all the factors involved in the creation, alteration or merger.

(4) Where a commission of inquiry appointed under clause (2) or (3) of this article finds that there is the need and a substantial demand for the creation, alteration or merger referred to in either of those clauses, it shall recommend to the President that a referendum be held, specifying the issues to be determined by the referendum and the places where the referendum should be held.

(5) The President shall refer the recommendations to the Electoral Commission, and the referendum shall be held in a manner prescribed by the Electoral Commission.

(6) An issue referred for determination by referendum under clauses (4) and (5) shall not be taken to be determined by the referendum unless at least fifty percent of the persons entitled to vote cast their votes at the referendum, and of the votes cast at least eighty percent were cast in favour of that issue.

(7) Where a referendum involves the merger of two or more regions, the issue shall not be taken to be determined unless at least sixty percent of the persons entitled to vote at the referendum in each such region voted in favour of the merger of the two or more regions; and accordingly, clause (6) of this article shall not apply to the referendum.

(8) The President shall, under clause (1) of this article, and acting in accordance with the results of the referendum held under clauses (4) and (5) of this article, issue a constitutional instrument giving effect, or enabling effect to be given, to the results

CHAPTER 3

CITIZENSHIP

6. Citizenship of Ghana

(1) Every person who, on the coming into force of this Constitution, is a citizen of Ghana by law shall continue to be a citizen of Ghana.

(2) Subject to the provisions of this Constitution, 3 person born in or outside Ghana after the coming into force of this Constitution, shall become a citizen of Ghana at the date of his birth if either of his parents or grandparents is or was a citizen of Ghana.

(3) A child of not more than seven years of age found in Ghana whose parents are not known shall be presumed to be a citizen of Ghana by birth.

(4) A Child of not more than sixteen years of age, neither of whose parents is a citizen of Ghana, who is adopted by a citizen of Ghana shall, by virtue of the adoption, be a citizen of Ghana.

7. Persons entitled to be registered as citizens

(1) A woman married to a man who is a citizen of Ghana (Jr a man married to a woman who is a citizen of Ghana may, upon making an application in the manner prescribed by Parliament, be registered as a citizen of Ghana.

(2) Clause (1) of this article applies also to a person who was married to a person who, but for his or her death, would have continued to he a citizen of Ghana under clause (1) of article 6 of this Constitution.

(3) Where the marriage of a woman is annulled after she has been registered as a citizen of Ghana under clause (1) of this article, she shall, unless she renounces that citizenship, continue to be a citizen of Ghana.

(4) A child of a marriage of a woman registered as a citizen of Ghana under clause (1)of this article to which clause (3) of this article applies, shall continue to be a citizen of Ghana unless he renounces that citizenship.

(5) Whereupon an application by a man for registration under clause (1) of this article, it appears to the authority responsible for the registration that a marriage has been entered into primarily with a view to obtaining the registration, the authority may request the applicant to satisfy him that the marriage was entered into in good faith; and the authority may only effect the registration on being 50 Satisfied.

(6) In the case of a man seeking registration, clause (1) of this article applies only if the applicant permanently resides in Ghana,

8. Dual citizenship

(1) A citizen of Ghana may hold the Citizenship of any other country in addition to his citizenship of Ghana

(2) Without prejudice to article 94 (2) (a) of the Constitution, a citizen of Ghana shall not qualify to be appointed as a holder of any office specified in this clause if he holds the citizenship of any other country in addition to his citizenship of Ghana:

(a) Ambassador or High Commissioner;

(b) Secretary to the Cabinet;

(c) Chief of Defence Staff or any Service Chief;

(d) Inspector-General of Police;

(e) Commissioner, Customs, Excise and Preventive Service;

(f) Director of Immigration Service; and

(g) any other office specified by an Act of Parliament.

(3) Where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own country by virtue of that marriage, a citizen of Ghana who is deprived of his citizenship of Ghana by virtue of that marriage shall, on the dissolution of that marriage, become a citizen of Ghana. [NB: This provision has been amended by section 1 of the Constitution of the Republic of Ghana (Amendment) Act, I996 (Act 527). The original article read, …“8. Dual citizenship

]

9. Citizenship laws by Parliament

(1) Parliament may make provision for the acquisition of citizenship of Ghana by persons who are not eligible to become citizens of Ghana under the provisions of this Constitution.

(2)  Except as otherwise provided in article 7 of this Constitution, a person shall not be registered as a citizen of Ghana unless at the time of his application for registration he is able to speak and understand an indigenous language of Ghana.

(3) The High Court may, on an application made for the purpose by the Attorney-General, deprive a person who is a citizen of Ghana, otherwise than by birth, of that citizenship on the ground that,

(a) the activities of that person are inimical to the security of the State or prejudicial to public morality or the public interest; or

(b) the citizenship was acquired by fraud, misrepresentation or any other improper or irregular practice.

(4) There shall be published in the Gazette by the appropriate authority and within three months after the application or the registration, as the case may be, the name, particulars and other details of a person who, under this article applies to be registered as a citizen of Ghana or has been registered as a citizen of Ghana.

(5) Parliament may make provision by an Act of Parliament for

(a) the renunciation by any person of his citizenship of Ghana;

(b) the circumstances in which a person may acquire citizenship of Ghana or cease to be a citizen of Ghana.

10. Interpretation

(1)  A reference in this Chapter to the citizenship of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of the parent ,be construed as a reference to the citizenship of the parent at the time of the parent’s death.

(2) For the purposes of clause (1) of this article, where the death occurred before the coming into force of this Constitution, the citizenship that the parent would have had if he or she had died on the coming into force of this Constitution shall be deemed to be his or her citizenship at the time of his or her death.

CHAPTER 4

THE LAWS OF GHANA

11. The Laws of Ghana

(1) The Laws of Ghana shall comprise

(a) this Constitution;

(b)  enactments made by or under the authority of the Parliament established by this Constitution;

(c) any Orders, Rules and Regulations made by any person or authority under a power conferred by this Constitution;

(d) the existing law; and

(e) the common law.

(2) The common law of Ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the Superior Court of Judicature.

(3) For the purposes of this article, “customary law” means the rules of law which by custom are applicable to particular communities in Ghana.

(4) The existing law shall, except as otherwise provided in clause (1) of this article, comprise the written and unwritten laws of Ghana as they existed immediately before the coming into force of this Constitution, and any Act, Decree, Law or statutory instrument issued or made before that date, which is to come into force on or after that date.

(5) Subject to the provisions of this Constitution, the existing law shall not be affected by the coming into force of this Constitution.

(6) The existing law shall be construed with any modifications, adaptations, qualifications and exceptions necessary to bring it into conformity with the provisions of this Constitution, or otherwise to give effect to, or enable effect to be given to, any changes effected by this Constitution.

(7) Any Orders, Rules or Regulations made by a person or authority under a power conferred by this Constitution or any other law shall,

(a) be laid before Parliament;

(b) be published in the Gazette on the day it is laid before Parliament; and

(c) come into force at the expiration of twenty-one sitting days after being so laid unless Parliament, before the expiration of the twenty—one days, annuls the Orders, Rules or Regulations by the votes of not less than two—thirds of all the members of Parliament.

CHAPTER 5

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

12. Protection of fundamental human rights and freedoms

(1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.

(2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest.

13. Protection of right to life

(1) No person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the Laws of Ghana of which he has been convicted.

(2) A person shall not be held to have deprived another person of his life in contravention of clause (1) of this article if that other person dies as the result of a lawful act of war or if that other person dies as the result of the use of force to such an extent as is reasonably justifiable in the particular circumstances,

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purposes of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission of a crime by that person.

14. Protection of personal liberty

(1) Every person shall be entitled to his personal liberty and a person shall not be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law:

(a) in execution of a sentence or order of a court in respect of a criminal offence of which he has been convicted; 0r

(b) in execution of an order of a court punishing him for contempt of court; or

(c) for the purpose of bringing him before a court in execution of an order of a court; or

(d) in the case of a person suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community; or

(e) for the purpose of the education or welfare of a person who has not attained the age of eighteen years; or

(f) for the purpose of preventing the lawful entry of that person into Ghana, or of effecting the expulsion, extraditiOn or other lawful removal of that person from Ghana or for the purpose of restricting that person while he is being lawfully conveyed through Ghana in the course of his extradition or removal from one country to another; or

(g) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the Laws of Ghana.

(2) A person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.

(3) A person who is arrested, restricted or detained

(a) for the purpose of bringing him before a court in execution of an order of a court, or

(b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana, and who is not released,

shall be brought before a court within forty—eight hours after the arrest, restriction or detention.

(4) Where a person who is arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings

preliminary to trial.

(5) A person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that other person.

(6) Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he has spent in lawful custody in respect of that offence before the completion of his trial shall be taken into account in imposing the term of imprisonment.

(7) Where a person who has served the whole or a part of his sentence is acquitted on appeal by a court, other than the Supreme Court, the Court may certify to the Supreme Court that the person acquitted be paid compensation; and the Supreme Court may, upon examination of all the facts and the certificate of the Court concerned, award such compensation as it may think fit; or, where the acquittal is by the Supreme Court, it may order compensation to be paid to the person acquitted.

15. Respect for human dignity

(1) The dignity of all persons shall be inviolable.

(2) No person shall, whether or not he is arrested, restricted or detained, be subjected

(a) torture or other cruel, inhuman 0r degrading treatment or punishment;

(b) any other condition that detracts or is likely to detract from his dignity and worth as a human being.

(3) A person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons.

(4) A juvenile offender who is kept in lawful custody or detention shall be kept separately from an adult offender.

16. Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this article, “forced labour” does not include

(a) any labour required as a result of a sentence or order of a court;

(b) any labour required of a member of a disciplined force or service as his duties or, in the ease of a person who has conscientious objections to a service as a member of the Armed Forces of Ghana, any labour which that person is required by law to perform in place of such service;

(c) any labour required during any period when Ghana is at war or in the event of an emergency or calamity that threatens the life and wellbeing of the community, to the extent that the requirement of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purposes of dealing with the situation; or

(d) any labour reasonably required as part of normal communal or other civic obligations.

17. Equality and freedom from discrimination

(1) All persons shall be equal before the law.

(2) A person shall not be discriminated against on grounds of gender, race, colour,  origin, religion, creed or social or economic status.

(3)  For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description,

(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide

(a) for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society;

(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;

(c) for the imposition of restrictions on the acquisition of land by persons who are not citizens of Ghana or (m the political and economic activities of Such persons and for other matters relating to such persons; or

(d) for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution.

(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter.

18. Protection of privacy of home and other property

(1) Every person has the right to own property either alone or in association with others.

(2) No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or the economic wellbeing of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.

19. Fair trial

(1) A person charged with a criminal offence shalt be given a fair hearing within a reasonable time by a court.

(2) A person charged with a criminal offence shall,

(a) in the case of an offence, other than high treason or treason, the punishment 7 for which is death or imprisonment for life, be tried by a judge and jury and,

(i) where the punishment is death, the verdict of the jury shall be unanimous; and

(ii) in the case of imprisonment, the verdict of the jury shall be by such majority as Parliament may by law prescribe;

(b) in the case of an offence triable by a Regional Tribunal the penalty for which is death, the decision of the Chairman and the other panel members shall be unanimous;

(c) be presumed to be innocent until he is proved or has pleaded guilty;

(d) be informed immediately in a language that he understands, and in detail, of the nature of the offence charged;

(e) be given adequate time and facilities for the preparation of his defence;

(f) be permitted to defend himself before the Court in person or by a lawyer of his choice;

(g) be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the Court, and to obtain the attendance and carry out the examination of witnesses to testify on the same conditions as those applicable to witnesses called by the prosecution;

(h) be permitted to have, without payment by him, the assistance of an interpreter where he cannot understand the language used at the trial; and

(i) in the case of the offence of high treason, be tried by the High Court duly constituted by three Justices of that Court and the decision by the three Justices shall be unanimous.

(3) The trial of a person charged with a criminal offence shalt take place in his presence unless

(a) he refuses to appear before the Court for the trial to be conducted in his presence after he has been duly notified of the trial; or

(b) he conducts himself in such a manner as to render the continuation of the proceedings in his presence impracticable and the Court orders him to be removed for the trial to proceed in his absence.

(4) Whenever a person is tried for a criminal offence the accused person or a person authorised by him shall, if he so requires, be given, within a reasonable time not exceeding six months after judgment, a copy of any record of the proceedings made by or on behalf of the Court for the use of the accused person.

(5) A person shall not be charged with or held to be guilty of a criminal offence which is founded on an act or omission that did not at the time it took place constitute an offence.

(6) No penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed.

(7) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted, shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for the offence, except on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(8) Notwithstanding clause (7) of this article, an acquittal of a person on a trial for high treason or treason shall not be a bar to the institution of proceedings for any other offence against that person.

(9) Paragraphs (a) and (b) of clause (2) of this article shall not apply in the case of trial by a court-martial or other military tribunal.

(10) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law.

(12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in a written law and the penalty is not so prescribed.

(13) An adjudicating authority for the determination of the existence or extent of a Civil right or obligation shall, subject to the provisions of this Constitution, be established by law and shall be independent and impartial; and where proceedings for determination are instituted by a person before such an adjudicating authority, the case shall be given a fair hearing within a reasonable time.

(14) Except as may be otherwise ordered by the adjudicating authority in the interest of public morality, public safety or public order the proceedings of any such adjudicating authority shall be in public.

(15) Nothing in this article shall prevent an adjudicating authority from excluding from the proceedings persons, other than the parties to the proceedings and their lawyers, to such an extent as the authority

(a) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or

(b) may be empowered by law to do in the interest of defence, public safety, public order, public morality, the welfare of persons under the age of eighteen or the protection of the private lives of persons concerned in the proceedings.

(16) Nothing in, or done under the authority of, any law shall be held to be inconsistent with, or in contravention of, the following provisions:

(a) paragraph (c) of clause (2) of this article, to the extent that the law in question imposes upon a person charged with a criminal offence, the burden of proving particular facts; or

(b) clause (7) of this article, to the extent that the law in question authorises a court to try a member of a disciplined force for a Criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of the force, except that any court which tries that member and convicts him shall, in sentencing him to any punishment, take into account any punishment imposed on him under that disciplinary law.

(17) Subject to clause (18) of this article, treason shall consist only

(a) in levying war against Ghana or assisting any State or person or inciting or conspiring with any person to levy war against Ghana, or

(b) in attempting by force of arms or other violent means to overthrow the organs of government established by or under this Constitution, or

(c) in taking part or being concerned in or inciting 0r conspiring with any person to make or take part or be concerned in, any such attempt.

(18) An act which aims at procuring by constitutional means an alteration of the law or of the policies of the Government shall not be considered as an act calculated to overthrow the organs of government‘

(19) Notwithstanding any other provision of this article, but subject to clause (20) of this article, Parliament may, by or under an Act of Parliament, establish military courts or tribunals for the trial of offences against military law committed by persons subject to military law.

(20) Where a person subject to military law, who is not on active service, commits an offence which is within the jurisdiction of a civil court, he shall not be tried by a court-martial or military tribunal for the offence unless the offence is within the jurisdiction of a court-martial or other military tribunal under any law for the enforcement of military discipline

(21) For the purposes of this article, “criminal offence” means a criminal offence under the laws of Ghana.

20. Protection from deprivation of property

(1) No property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the State unless the following conditions are satisfied:

(a) the taking of possession or acquisition is necessary in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilisation of property in such a manner as to promote the public benefit; and

(b) the necessity for the acquisition is clearly stated and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property.

(2) Compulsory acquisition of property by the State shall only be made under a law which makes provision for

(a) the prompt payment of fair and adequate compensation; and

(b) a right of access to the High Court by any person who has an interest in or right over the property whether direct or on appeal from any other authority for the determination of his interest or right and the amount of compensation to which he is entitled.

(3) Where a compulsory acquisition or possession of land effected by the State in accordance with clause (1) of this article involves displacement of any inhabitants, the State shall resettle the displaced inhabitants 0n suitable alternative land with due regard for their economic wellbeing and social and cultural values.

(4) Nothing in this article shall be construed as affecting the operation of any general law so far as it provides for the taking of possession or acquisition of property

(a) by way of vesting or administration of trust property, enemy property or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons or bodies corporate or unincorporated in the course of being wound up; or

(b) in the execution of a judgment or order of a court; or

(c) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or

(d) in consequence of any law with respect to the limitation of actions; or

(e)  for 50 long only as may be necessary for the purpose of any examination, investigation, trial or inquiry; or for so long as may be necessary for the carrying out of work on any land for the purpose of the provision of public facilities or utilities, except that where any damage results from any such work there shall be paid appropriate compensation.

(5) Any property compulsorily taken possession of or acquired in the public interest or for a public purpose shall be used only in the public interest or for the public purpose for which it was acquired.

(6) Where the property is not used in the public interest or for the purpose for which it was acquired, the owner of the property immediately before the compulsory acquisition, shall be given the first option for acquiring the property and shall, on such re-acquisition refund the whole or part of the compensation paid to him as provided for by law or such other amount as is commensurate with the value of the property at the time of the re-acquisition.

21. General fundamental freedoms

(1) All persons shall have the right to

(a)   freedom of speech and expression, which shall include freedom of the press and other media;

(b)   freedom of thought, conscience and belief, which shall include academic freedom;

(c)   freedom to practise any religion and to manifest such practice;

(d)   freedom of assembly including freedom to take part in processions and demonstrations;

(e)   freedom of association, which shalt include freedom to form or join trade unions or other associations, national and international, for the protection of their interest;

(f)    information, subject to such qualifications and laws as are necessary in a democratic society;

(g)   freedom of movement which means the right to move freely in Ghana, the right to leave and to enter Ghana and immunity from expulsion from Ghana.

(2) A restriction on a person’s freedom of movement by his lawful detention shall not be held to be inconsistent with or in contravention of this article.

(3) All citizens shall have the right and freedom to form or join political parties and to participate in political activities subject to such qualifications and laws as are necessary in a free and democratic society and are consistent with this Constitution.

(4) Nothing in, or done under the authority of, a law shall be held to be inconsistent with, or in contravention of, this article to the extent that the law in question makes provision

(a) for the imposition of restrictions by order of a court, that are required in the interest of defence, public safety or public order, on the movement or residence within Ghana of any person; or

(b) for the imposition of restrictions, by order of a court, on the movement or residence within Ghana of any person either as a result of his having been found guilty of a criminal offence under the Laws of Ghana or for the purposes of ensuring that he appears before a court at a later date for trial for a criminal offence or for proceedings relating to his extradition or lawful removal from Ghana; or

(c) for the imposition of restrictions that are reasonably required in the interest of defence, public safety, public health or the running of essential services, on the movement or residence within Ghana of any person or persons generally, or any class of persons; or

(d) for the imposition of restrictions on the freedom of entry into Ghana, or of movement in Ghana, of a person who is not a citizen of Ghana; or

(e) that is reasonably required for the purpose of safeguarding the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community;

except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in terms of the spirit of this Constitution.

(5) Wherever a person, whose freedom of movement has been restricted by the order of a court under paragraph (a) of clause (4) of this article, requests at any time during the period of that restriction not earlier than seven days after the order was made, or three months after he last made such request. as the case may be, his case shall be reviewed by that court.

(6) On a review by a court under clause (5) of this article, the Court may, subject to the right of appeal from its decision, make such order for the continuation or termination of the restriction as it considers necessary or expedient,

N.P.P. v. I.G.P. [1993-94] 2 GLR 459, Holding1 @P.466, S.C.

Mensima & Ors v A-G & Ors [1997-98] 1 GLR 159, Holding [email protected], S.C.

22. Property rights of spouses

(1) A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having made a will.

(2) Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses.

(3) With a view to achieving the full realisation of the rights referred to in clause (2) of this article,

(a) spouses shall have equal access to property jointly acquired during marriage;

(b)  assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage.

Mensah v. Mensah [1997-98] 2 GLR 193, Holding [email protected] 201, S.C.

23. Administrative justice

Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal.

Ransford France (No.3) v. EC &Anor. [2012] 1 SCGLR 689 @P.728, S.C.

24. Economic rights

(1) Every person has the right to work under satisfactory, safe and healthy conditions, and shall receive equal pay for equal work without distinction of any kind.

(2) Every worker shall be assured of rest, leisure and reasonable limitation of working hours and periods of holidays with pay, as well as remuneration for public holidays.

(3) Every worker has a right to form or join a trade union of his choice for the promotion and protection of his economic and social interests.

(4) Restrictions shall not be placed on the exercise of the right conferred by clause (3) of this article except restrictions prescribed by law and reasonably necessary in the interest of national security or public order or for the protection of the rights and freedoms of others.

25. Educational rights

(1) All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realisation of that right,

(a) basic education shall be free, compulsory and available to all;

(b)  secondary education in its different forms, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by progressive introduction of free education;

(d) functional literacy shall he encouraged or intensified as far as possible;

(e) the development of a system of schools with adequate facilities at all levels shall be actively pursued.

(2) Every person shall have the right, at his own expense, to establish and maintain a private school or schools at all levels and of such categories and in accordance with such conditions as may be provided by law.

26. Cultural rights and practices

(1) Every person is entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.

(2) All customary practices which dehumanise or are injurious to the physical and mental wellbeing of a person are prohibited.

27. Women’s rights

(1) Special care shall be accorded to mothers during a reasonable period before and after childbirth; and during those periods, working mothers shall be accorded paid leave.

(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, to realise their full potential.

(3) Women shall be guaranteed equal rights to training and promotion without any impediments from any person.

28. Children‘s rights

(1) Parliament shall enact such laws as are necessary to ensure that

(a) every child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;

(b) every child, whether or not born in wedlock, shall be entitled to reasonable provision out of the estate of its parents;

(c) parents undertake their natural right and obligation of care, maintenance and upbringing of their children in cooperation with such institutions as Parliament may, by law. prescribe in such manner that in all cases the interest of the children are paramount;

(d) children and young persons receive special protection against exposure to physical and moral hazards; and

(e) the protection and advancement of the family as the unity of society are safeguarded in promotion of the interest of children.

(2) Every child has the right to be protected from engaging in work that constitutes a threat to his health, education or development.

(3) A child shall not be subjected to torture or other cruel, inhuman 0r degrading treatment or punishment.

(4) No child shall be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs.

(5) For the purposes of this article, “child” means a person below the age of eighteen years,

29. Rights of disabled persons

(1) Disabled persons have the right to live with their families or with foster parents and to participate in social, Creative or recreational activities.

(2) A disabled person shall not be subjected to differential treatment in respect of his residence other than that required by his conditions or by the improvement which he may derive from the treatment.

(3) If the stay of a disabled person in a specialised establishment is indispensable, the environment and living conditions there shall be as close as possible to those of the normal life of a person of his age.

(4)  Disabled persons shall be protected against all exploration. all regulations and all treatment of a discriminatory, abusive or degrading nature

(5) In any judicial proceedings in which a disabled person is a party the legal procedure applied shall take his physical and mental condition into account

(6) As far as practicable, every place to which the public have access shall have appropriate facilities for disabled persons.

(7) Special incentives shall be given to disabled persons engaged in business and also to business organisations that employ disabled persons in significant numbers.

(8) Parliament shall enact such laws as are necessary to ensure the enforcement of the provisions of this article.

30. Rights of the sick

A person who by reason of sickness or any other cause is unable to give his consent shall not be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs.

31. Emergency powers

(1) The President may, acting in accordance with the advice of the Council of State, by Proclamation published in the Gazette, declare that a state of emergency exists in Ghana or in any part of Ghana for the purposes of the provisions of this Constitution.

(2) Notwithstanding any other provision of this article, where a proclamation is published under clause (1) of this article, the President shall place immediately before Parliament the facts and circumstances leading to the declaration of the state of emergency.

(3) Parliament shall, within seventy two hours after being so notified, decide whether the proclamation should remain in force or should be revoked; and the President shall act in accordance with the decision of Parliament.

(4) A declaration of a state of emergency shall cease to have effect at the expiration of a period of seven days beginning with the date of publication of the declaration, unless, before the expiration of that period, it is approved by a resolution passed for that purpose by a majority of all the members of Parliament.

(5) Subject to clause (7) of this article, a declaration of a state of emergency approved by a resolution of Parliament under clause (4) of this article shall continue in force until the expiration of a period of three months beginning with the date of its being so approved or until such earlier date as may be specified in the resolution.

(6) Parliament may, by resolution passed by a majority of all members of Parliament, extend its approval of the declaration for periods of not more than one month at a time.

(7) Parliament may, by a resolution passed by a majority of all the members of Parliament, at any time, revoke a declaration of a state of emergency approved by Parliament under this article,

(8) For the avoidance of doubt, it is hereby declared that the provisions of any enactment, other than an Act of Parliament, dealing with a state of emergency declared under clause ( 1) of this article shall apply only to that part of Ghana where the emergency exists.

(9) The circumstances under which a state of emergency may be declared under this article include a natural disaster and any situation in which any action is taken or is immediately threatened to be taken by any person or body of persons which

(a) is calculated or likely to deprive the community of the essentials of life; or

(b) renders necessary the taking of measures which are required for securing the public safety, the defence of Ghana and the maintenance of public order and of supplies and services essential to the life of the community.

(10)   Nothing in, or done under the authority of an Act of Parliament shall be held to be inconsistent with, or in contravention of articles 12 to 30 of this Constitution to the extent that the Act in question authorises the taking, during any period when a state of emergency is in force, of measures that are reasonably justifiable for the purposes of dealing with the situation that exists during that period.

32. Persons detained under emergency law

(1) Where a person is restricted or detained by virtue of a law made pursuant to a declaration of a state of emergency, the following provisions shall apply:

(a) he shall as soon as practicable, and in any case not later than twenty-four hours after the commencement of the restriction or detention, be furnished with a statement in writing specifying in detail the grounds upon which he is restricted or detained and the statement shall be read or interpreted to the person restricted or detained;

(b) the spouse, parent, child or other available next of kin of the person restricted or detained shall be informed of the detention or restriction within twenty«four hours after the commencement of the detention or restriction and be permitted access to the person at the earliest practicable opportunity, and in any case within twenty-four hours after the commencement of the restriction or detention;

(c) not more than ten days after the commencement of his restriction or detention, a notification shall be published in the Gazette and in the media stating that he has been restricted or detained and given particulars of the provision of law under which his restriction or detention is authorised and the grounds of his restriction or detention;

(d) not more than ten days after commencement of his restriction or detention, and after that, during his restriction or detention, at intervals of not more than three months, his case shall be reviewed by a tribunal composed of not less than three Justices of the Superior Court of Judicature appointed by the Chief Justice; except that the same tribunal shall not review more than once the case of a person restricted or detained;

(e) he shall be afforded every possible facility to consult a lawyer of his choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the restricted or detained person;

(f) at the hearing of his case, he shall be permitted to appear in person or by a lawyer of his choice.

(2) On a review by a tribunal of the case of a restricted or detained person, the tribunal may order the release of the person and the payment to him of adequate compensation or uphold the grounds of his restriction or detention; and the authority by which the restriction or detention was ordered shall act accordingly.

(3) In every month in which there is a sitting of Parliament, a Minister of State authorised by the President, shall make a report to Parliament of the number of persons restricted or detained by virtue of such a law as is referred to in clause (10) of article 31 of this Constitution and the number of cases in which the authority that ordered the restriction or detention has acted in accordance with the decisions of the tribunal appointed under this article.

(4) Notwithstanding clause (3) of this article, the Minister referred to in that clause shall publish every month in the Gazette and in the media,

(a) the number and the names and addresses of the persons restricted or detained;

(b) the number of cases reviewed by the tribunal; and

(c) the number of cases in which the authority which ordered the restriction or detention has acted in accordance with the decisions of the tribunal appointed under this article.

(5) For the avoidance of doubt, it is hereby declared that at the end of an emergency declared under clause (l) of article 31 of this Constitution, 3 person in restriction or detention or in custody as a result of the declaration of the emergency shall be released immediately.

33. Protection of rights by the Courts

(1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress

(2) The High Court may, under clause (1) of this article, issue such directions, orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition and quo warranto as it may consider appropriate for the purposes of enforcing 0r securing the enforcement of any of the provisions on the fundamental human rights and freedoms to the protection of which the person concerned is entitled.

(3) A person aggrieved by a determination of the High Court may appeal to the court of Appeal with the right of a further appeal to the Supreme Court

(4) The Rules of Court Committee may make rules of court with respect to the practice and procedure of the Superior Courts of Judicature for the purposes of this article.

(5) The rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man.

Edusei v. A-G&Anor [1997-1998]2 GLR 1, Holding 1 @P.38, S.C.

Adjei-Ampofo (No.1) v. A.M.A. &A-G(No.1) [2007-2008] SCGLR 611, Holding 2 @P.620, S.C.

G.L.O.A.& Ors. v. N.L.A.[2007-2008] SCGLR 1088, Holding 1 @P.1096, S.C.

 

CHAPTER 6

THE DIRECTIVE PRINCIPLES OF STATE POLICY

34. Implementation of directive principles

(1) The Directive Principles of State Policy contained in this Chapter shall guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties and other bodies and persons in applying 0r interpreting this Constitution or any other law and in taking and implementing any policy decisions, for the establishment of a just and free society.

(2) The President shall report to Parliament at least once a year all the steps taken to ensure the realisation of the policy objectives contained in this Chapter; and, in particular, the realisation of basic human rights, a healthy economy, the right to work, the right to good health care and the right to education.

N.P.P. v. A-G [1993-94] 2 GLR 35, Holding 1 @P.45, S.C.

G.L.O.A & Ors. v. N.L.A. [2007-2008] SCGLR 1088, Holding 4 @P.1102, S.C.

35. Political objectives

(1) Ghana shall be a democratic State dedicated to the realisation of freedom and justice, and accordingly, sovereignty resides in the people of Ghana from whom the Government derives all its powers and authority through this Constitution.

(2) The State shall protect and safeguard the independence, unity and territorial integrity of Ghana, and shall seek the wellbeing of all her citizens.

(3) The State shall promote just and reasonable access by all citizens to public facilities and services in accordance with law.

(4) The State shall cultivate among all Ghanaians respect for fundamental human rights and freedoms and the dignity of the human person.

(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice (in the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.

(6) Towards the achievement of the objectives stated in clause (5) of this article, the State shall take appropriate measures to

(a) foster a spirit of loyalty to Ghana that overrides sectional, ethnic and other loyalties;

(b) achieve reasonable regional and gender balance in recruitment and appointment to public offices;

(c) provide adequate facilities for, and encourage, free mobility of people, goods and services throughout Ghana;

(d)   make democracy a reality by decentralising the administrative and financial machinery of government to the regions and districts and by affording all possible opportunities to the people to participate in decision-making at every level in national life and in government; and

(e)   ensure that whenever practicable, the headquarters of a government or public institution offering any service is situated in an area within any region, taking into account the resources and potentials of the region and the area.

(7) As far as practicable, the Government shall continue and execute projects and programmes commenced by the previous Governments.

(8) The State shall take steps to eradicate corrupt practices and the abuse of power.

(9) The State shall promote among the people of Ghana the culture of political tolerance.

36. Economic objectives

(1) The State shall take all necessary action to ensure that the national economy is managed in such a manner as to maximise the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in Ghana and to provide adequate means of livelihood and suitable employment and public assistance to the needy.

(2) The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include

(a)the guarantee of a fair and realistic remuneration for reduction and productivity in order to encourage continued production and higher productivity;

(b)affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy;

(c) ensuring that individuals and the private sector bear their fair share of social and national responsibilities including responsibilities to contribute to the overall development of the country;

(d) undertaking even and balanced development of all regions and every part of each region of Ghana, and, in particular. improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and the urban areas;

(e) the recognition that the most secure democracy is the one that assures the basic necessities of life for its people as a fundamental duty.

(3) The State shall take appropriate measures to promote the development of agriculture and industry.

(4) Foreign investment shall be encouraged within Ghana, subject to any law for the time being in force regulating investment in Ghana.

(5) For the purposes of the foregoing clauses of this article, within two years after assuming office , the President shall present to Parliament a coordinated programme of economic and social development policies, including agricultural and industrial programmes at all levels and in all the regions of Ghana.

(6) The State shall afford equality of economic opportunity to all citizens; and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of the economic development of Ghana.

(7) The State shall guarantee the ownership of property and the right of inheritance.

(8) The State shall recognise that ownership and possession of land carry a social obligation to serve the larger community and, in particular, the State shall recognise that the managers of public, stool, skin and family lands are fiduciaries charged with the obligation to discharge their functions for the benefit respectively of the people of Ghana, of the stool, skin, or family concerned and are accountable as fiduciaries in this regard.

(9) The State shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek cooperation with other States and bodies for purposes of protecting the wider international environment for mankind.

(10) The State shall safeguard the health, safety and welfare of all persons in employment, and shall establish the basis for the full deployment of the creative potential of all Ghanaians.

(11) The State shall encourage the participation of workers in the decision-making process at the work place.

37. Social objectives

(1) The State shall endeavour to secure and protect a social order founded on the ideas and principles of freedom, equality, justice, probity and accountability as enshrined in Chapter 5 of this Constitution, and in particular, the State shall direct its policy towards ensuring that every citizen has quality of rights, obligations and opportunities before the law.

(2) The State shall enact appropriate laws to assure

(a) the enjoyment of rights of effective participation in development processes including rights of people to form their own associations free from State interference and to use them to promote and protect their interests in relation to development processes, rights of access to agencies and officials of the State necessary in order to realise effective participation in development processes; freedom to form organisations to engage in self-help and income generating projects, and freedom to raise funds to support those activities;

(b) the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and other vulnerable groups in development processes.

(3) In the discharge of the obligations stated in clause (2) of this article, the State shall be guided by international human rights instruments which recognise and apply particular categories of basic human rights to development processes.

(4) The State shall maintain a population policy consistent with the aspirations and development needs and objectives of Ghana.

(5) The State shall ensure that adequate facilities for sports are provided throughout Ghana and that sports are promoted as a means of fostering national integration, health and self-discipline as well as international friendship and understanding.

(6) The State shall

(a) ensure that contributor schemes are instituted and maintained that will guarantee economic security for self-employed and other citizens of Ghana; and

(b) provide social assistance to the aged such as will enable them to maintain a decent standard of living.

38. Educational objectives

(1) The State shall provide educational facilities at all levels and in all the regions of Ghana, and shall, to the greatest extent feasible, make these facilities available to all Citizens.

(2) The Government shall within two years after Parliament first meets after the coming into force of this Constitution, draw up a programme for implementation within the following ten years, for the provision of free compulsory and universal basic education.

(3) The State shall, subject to the availability of resources, provide

(a) equal and balanced access to secondary and other appropriate pre-university education, equal access to university or equivalent education, with emphasis on science and technology;

(b) a free adult literacy programme, and free vocational training, rehabilitation and resettlement of disabled persons; and

(c) life-long education.

39. Cultural objectives

(1) Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.

(2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and, in Particular , that traditional practices which are injurious to the health and wellbeing of the person are abolished.

(3) The State shall foster the development of Ghanaian languages and pride in Ghanaian culture.

(4) The State shall endeavour to preserve and protect places of historical interest and artefacts.

40. International relations

In its dealings with other nations, the Government shall

(a)promote and protect the interests of Ghana;

(b)seek the establishment of a just and equitable international economic and social order;

(c)promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means;

(d)  adhere to the principles enshrined in or as the case may be, the aims and ideals of,

(i) the Charter of the United Nations;

(ii) the Charter of the Organisation of African Unity;

(iii) the Commonwealth;

(iv) the Treaty of the Economic Community of West African States; and

(v) any other international organisation of which Ghana is a member.

41. Duties of a citizen

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen

(a)to promote the prestige and good name of Ghana and respect the symbols of the nation;

(b)to uphold and defend this Constitution and the law;

(c)to foster national unity and live in harmony with others;

(d)to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;

(e)to work conscientiously in his lawfully chosen occupation;

(f)to protect and preserve public property and expose and combat misuse and waste of public funds and property;

(g)to contribute to the wellbeing of the community where that citizen lives;

(h)to defend Ghana and render national service when necessary;

(i)to cooperate with lawful agencies in the maintenance of law and order;

(j)   to declare his income honestly to the appropriate and lawful agencies and to satisfy all tax obligations; and

(k)  to protect and safeguard the environment.

CHAPTER 7

REPRESENTATION OF THE PEOPLE

42. The right to vote

Every citizen of Ghana of eighteen years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda.

Tehn-Addy v. A-G & E.C. [1997-98] 1 GLR 47, Holding 1 @P.52, S.C.

Ahumah-Ocansey v. E.C.; C.H.R & C.L (Churcil) v. A-G & E.C. (Consolidated) [2010] SCGLR 575, Holding 1 @P.577, S.C. 

43. The Electoral Commission

(1) There shall be an Electoral Commission which shall consist of,

(a) a Chairman,

(b) two Deputy Chairmen, and

(c) four other members.

(2) The members of the Commission shall be appointed by the President under article 70 of this Constitution.

44. Qualifications, terms and conditions of service of members of the Electoral Commission

(1) A person is not qualified to be appointed a member of the Electoral Commission unless he is qualified to be elected as a member of Parliament.

(2) The Chairman of the Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal.

(3) The two Deputy Chairmen 0f the Commission shall have the same terms and conditions of service as are applicable to a Justice of the High Court.

(4) The Chairman and the two Deputy Chairmen of the Commission shall not, while they hold office on the Commission, hold any other public office.

(5) The other four members of the Commission shall be paid such allowances as Parliament may determine.

(6) If a member is absent or dies, the Commission shall continue its work until the President, acting on the advice of the Council of State, appoints a qualified person to fill the vacancy.

Tehn-Addy v. A-G & E.C. [1997-98] 1 GLR 47, Holding [email protected], S.C.

45. Functions of the Electoral Commission

The Electoral Commission has the following functions:

(a) to compile the register of voters and revise it at such periods as may be determined by law;

(b) to demarcate the electoral boundaries for both national and local government elections;

(c) to conduct and supervise all public elections and referenda;

(d) to educate the people on the electoral process and its purpose;

(e) to undertake programmes for the expansion of the registration of voters; and

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

46. Independence of the Commission

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

47. Constituencies

(1) Ghana shall be divided into as many constituencies for the purpose of election of members of Parliament as the Electoral Commission may prescribe, and each constituency shall be represented by one member of Parliament

(2) No constituency shall fall within more than one region.

(3) The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota.

(4) For the purposes of clause (3) of this article, the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, density of population and area and boundaries of the regions and other administrative or traditional areas.

(5) The Electoral Commission shall review the division of Ghana into constituencies at intervals of not less than seven years, or within twelve months after the publication of the enumeration figures after the holding of a census of the population of Ghana, whichever is earlier, and may, as a result, alter the constituencies.

(6) Where the boundaries of a constituency established under this article are altered as a result of a review, the alteration shall come into effect upon the next dissolution of Parliament.

(7) For the purposes of this article, “population quota” means the number obtained by dividing the number of inhabitants of Ghana by the number of constituencies into which Ghana is divided under this article.

48. Appeals from decisions of the Commission

(1) A person aggrieved by a decision of the Electoral Commission in respect of a demarcation of a boundary, may appeal to a tribunal consisting of three persons appointed by the Chief Justice and the Electoral Commission shall give effect to the decision of the tribunal.

(2) A person aggrieved by a decision of the tribunal referred to in clause (1) of this article may appeal to the Court of Appeal whose decision on the matter shall be final.

49. Voting at elections and referenda

(1) At any public election or referendum, voting shall be by secret ballot.

(2) Immediately after the close of the poll, the presiding officer shall, in the presence of such of the candidates or their representatives and their polling agents as are present, proceed to count, at that polling station, the ballot papers of that station and record the votes cast in favour of each candidate or question.

(3) The presiding officer, the candidates or their representatives and, in the case of a referendum, the parties contesting or their agents and the polling agents if any, shall then sign a declaration stating

(a) the polling station, and

(b) the number of votes cast in favour of each candidate or question,

and the presiding officer shall, there and then, announce the results of the voting at that polling station before communicating them to the returning officer.

(4) Subject to the provisions of this Constitution, an issue for determination by referendum shall not be taken to be determined unless at least thirty-five percent at the persons entitled to vote at the referendum voted and, of the votes cast, at least seventy percent voted in favour of the issue.

50. Election of candidates

(1) Subject to the provisions of this Constitution, where at the close of nominations and on the day before a public election

(a) two or more candidates have been nominated, the election shall be held and the candidate who receives the largest number of votes cast shall be declared elected; or

(b) only one candidate is nominated, there shall be no election and that candidate shall he declared elected.

(2) Where for the purposes of a public election two or more candidates are nominated but at the close of the nominations and on the day before the election, only one candidate stands nominated, a further period of ten days shall be allowed for nomination of other candidates, and it shall not be lawful for any person nominated within that period of ten

days to withdraw his nomination.

(3) Where at the close of nominations under clause (2) of this article only one candidate stands nominated, there shall be no election and that candidate shall be declared elected.

(4) Where at the close of nominations, but before the election, one of the candidates dies, 3 further period of ten days shall be allowed for nominations; and where the death occurs at any time within twenty-five days before the election, the election in that constituency or unit shall be postponed for twenty-one days.

51. Regulations for elections and referenda

The Electoral Commission shall, by constitutional instrument, make Regulations for the effective performance of its functions under this Constitution or any other law, and in particular, for the registration of voters, the conduct of public elections and referenda, including provision for voting by proxy.

52. Regional and district representatives of the Commission

There shall be in every region and district a representative of the Electoral Commission who shall perform such functions as shall be assigned to him by the Commission.

53. Appointment of staff of the Commission

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

54. Expenses of the Commission charged on the Consolidated Fund

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

55. Organisation of political parties

(1) The right to form political parties is hereby guaranteed.

(2) Every citizen of Ghana of voting age has the right to join a political party.

(3) Subject to the provisions of this article, a political party is free to participate in shaping the political will of the people, to disseminate information on political ideas, social and economic programmes of a national character, and sponsor candidates for elections to any public office other than to District Assemblies or lower local government units.

(4) Every political party shall have a national character, and membership shall not be based on ethnic, religious, regional or other sectional divisions.

(5) The internal organisation of a political party shall conform to democratic principles and its actions and purposes shall not contravene or be inconsistent with this Constitution or any other law,

(6) An organisation shall not operate as a political party unless it is registered as such under the Law for the time being in force for the purpose.

(7) For the purposes of registration, a prospective political party shall furnish the Electoral Commission with a copy of its constitution and the names and addresses of its national officers; and shall satisfy the Commission that

(a) there is ordinarily resident, or registered as a voter, in each district of Ghana, at least one founding member of the party;

(b) the party has branches in all the regions of Ghana and is, in addition, organised in not less than two-thirds of the districts in each region; and

(c) the party’s name, emblem, colour, motto or any other symbol has no ethnic, regional, religious or other sectional connotation or gives the appearance that its activities are confined only to a part of Ghana.

(8) A political party shall not have as a founding member, a leader or a member of its executive, a person who is not qualified to be elected as a member of Parliament or to hold any other public office.

(9) The members of the national executive committee of a political party shall be chosen from all the regions of Ghana.

(10) Subject to the provisions of this Constitution, every citizen of voting age has the right to participate in political activity intended to influence the composition and policies of the Government.

(11) The State shall provide fair opportunity to all political parties to present their programmes to the public by ensuring equal access to the State-owned media.

N.P.P. v. G.B.C. [1993-94] 2 GLR 354, Holding 1 @P.359, S.C.

(12) All presidential candidates shall be given the same amount of time and space on the State-owned media to present their programmes to the people.

(13) Every candidate for election to Parliament has the right to conduct his campaign freely and in accordance with law.

(14) Political panics shall be required by law

(a) to declare to the public their revenues and assets and the sources of those revenues and assets; and

(b) to publish to the public annually their audited accounts.

(15)   Only a citizen of Ghana may make a contribution or donation to a political party registered in Ghana

(16) A member of an organisation or interest group shall not be required to join a particular political party by virtue of his membership of the organisation or group

(17) Subject to the provisions of this Chapter, Parliament shall by law regulate the establishment and functioning of political parties.

56. Restriction of certain propaganda

Parliament shall have no power to enact a law to establish or authorise the establishment of a body or movement with the right or power to impose on the people of Ghana a common programme or a set of objectives of a religious or political nature.

CHAPTER 8

THE EXECUTIVE

57. The President of Ghana

(1) There shall be a President of the Republic of Ghana who shall be the Head of State and Head of Government and Commander-in-Chief 0f the Armed Forces of Ghana.

(2) The President shall take precedence over all other persons in Ghana; and in descending order, the Vice-President, the Speaker of Parliament and the Chief Justice, shall take precedence over all other persons in Ghana.

(3) Before assuming office the President shall take and subscribe before Parliament the Oath of Allegiance and the Presidential Oath set out in the Second Schedule to this Constitution.

(4) Without prejudice to the provisions of article 2 of this Constitution, and subject to the operation of the prerogative writs, the President shall not, while in office, be liable to proceedings in any court for the performance of his functions, or for any act done or omitted to be done, or purported to be done, or purported to have been done or purporting to be done in the performance of his functions, under this Constitution or any other law.

(5) The President shall not, while in office as President, be personally liable to any civil or criminal proceedings in court.

(6) Civil or criminal proceedings may be instituted against a person within three years after his ceasing to be President, in respect of anything done or omitted to be done by him in his personal capacity before or during his term of office notwithstanding any period of limitation except where the proceedings had been legally barred before he assumed the office of President.

58. Executive authority of Ghana

(1) The executive authority of Ghana shall vest in the President and shall be exercised in accordance with the provisions of this Constitution.

(2) The executive authority of Ghana shall extend to the execution and maintenance of this Constitution and all laws made under or continued in force by this Constitution.

(3) Subject to the provisions of this Constitution, the functions conferred on the President by clause (1) of this article may be exercised by him either directly or through officers subordinate to him.

(4) Except as otherwise provided in this Constitution or by a law not inconsistent with this Constitution, all executive acts of Government shall he expressed to be taken in the name of the President.

(5) A constitutional or statutory instrument or any other instrument made, issued or executed in the name of the President shall be authenticated by the signature of a Minister and the validity of any such instrument so authenticated shall not be called in question on the ground that it is not made, issued or executed by the President.

59. Absence from Ghana

The President shall not leave Ghana without prior notification in writing, signed by him and addressed to the Speaker of Parliament)

60. The Vice-President and succession to the presidency

(1) There shall be a Vice-President of Ghana who shall perform such functions as may be assigned to him by this Constitution or by the President

(2) A candidate for the office of Vice-President shall be designated by the candidate for the office of President before the election of the President.

(3) The provisions of article 62 of this Constitution apply to a candidate for election as Vice-President.

(4) A candidate shall be deemed to be duly elected as vice-President if the candidate who designated him as candidate for election to the office of Vice-President has been duly elected as President in accordance with the provisions of article 63 of this Constitution.

(5) The Vice-President shall, before commencing to perform the functions of Vice-President, take and subscribe the Oath of Allegiance and the Vice-Presidential Oath set out in the Second Schedule to this Constitution.

(6) Whenever the President dies, resigns or is removed from office, the Vice-President shall assume office as President for the unexpired term of office of the President with effect from the date of the death, resignation or removal of the President.

(7) Where the unexpired term served by the Vice-President under clause (6) of this article exceeds half the term of a President, the Vice-President is subsequently only eligible to serve one full term as President.

(8) Whenever the President is absent from Ghana or is for any other reason unable to perform the functions of his office, the vice-president shall perform the functions of the President until the President returns or is able to perform his functions

(9) The Vice-President shall, before commencing to perform the functions of the President under clause (6) of this article, take and subscribe the oath set out in the Second Schedule to this Constitution in relation to the office of President.

(10) The Vice-President shall, upon assuming office as President under Clause (6) of this article, nominate a person to the office of Vice-President subject to approval by Parliament

(11) Where the President and the Vice-President are both unable to perform the functions of the President, the Speaker of Parliament shall perform those functions until the President or the Vice-President is able to perform these functions or a new President assumes office, as the case may be.

(12) The Speaker shall, before commencing to perform the functions of the President under clause (11) of this article take and subscribe the oath set out in relation to the office of President.

(13) Where the Speaker of Parliament assumes the office of President as a result of the death, resignation or removal from office of the President and the Vice-President, there shall be a presidential election within three months after his assumption of office.

(14) The provisions of article 69 of this Constitution shall apply to the removal from office of the Vice-President

61. Public and presidential seals

There shall be a public sea] and a presidential seal, the use and custody of which shall, subject to the provisions of this Constitution, be regulated by law.

62. Qualifications of the President

A person shall not be qualified for election as the President of Ghana unless

(a) he is a citizen of Ghana by birth;

(b) he has attained the age of forty years; and

(c) he is a person who is otherwise qualified to be elected a member of Parliament, except that the disqualifications set out in paragraphs (c), (d), and (e) of clause (2) of article 94 of this Constitution shall not be removed, in respect of any such person, by a presidential pardon or by the lapse of time as provided for in clause (5) of that article.

63. Election of the President

(1) A person shall not be a candidate in a presidential election unless he is nominated for election as President by a document which

(a) is signed by him;

(b) is signed by not less than two persons who are registered voters resident in the area of authority of each district assembly;

(c) is delivered to the Electoral Commission on or before the day appointed as nomination day in relation to the election; and

(d) designates a person to serve as Vice-President.

(2) The election of the President shall be on the terms of universal adult suffrage and shall, subject to the provisions of this Constitution, be conducted in accordance with such Regulations as may be prescribed by constitutional instrument by the Electoral Commission and shall be held so as to begin,

(a) where a President is in office, not earlier than four months our later than one month before his term of office expires;

(b) and in any other case, within three months after the office of President becomes vacant,

and shall be held at such place and shall begin on such date as the Electoral Commission shall, by constitutional instrument, specify.

(3) A person shall not be elected as President of Ghana unless at the presidential election the number of votes cast in his favour is more than fifty percent of the total number of valid votes cast at the election.

(4) Where at a presidential election there are more than two candidates and no candidate obtains the number or percentage of votes specified in clause (3) of this article a second election shall be held within twenty-one days after the previous election.

(5) The candidates for a presidential election held under clause (4) of this article shall be the two candidates who obtained the two highest numbers of votes at the previous election.

(6) Where at a presidential election three or more candidates obtain the two highest numbers of votes referred to in clause (5) of this article, then unless there are withdrawals such that only two candidates remain, another election shall be held within twenty-one days after the previous election at which the candidates who obtained the two highest numbers of votes shall, subject to any withdrawals, be continued until a President is elected.

(7) A presidential candidate under clause (5) or (6) of this article may, by writing under his hand, withdraw his candidature at any time before the election.

(8) If after a second presidential election held under clause (4) of this article the two candidates obtained an equal number of votes, then notwithstanding any withdrawal, another election shall be held within twenty-one days after the election at which the two

candidates shall be the only candidates and the same process shall, subject to any withdrawal, be continued until a President is elected.

(9) An instrument which,

(a) is executed under the hand of the Chairman of the Electoral Commission and under the seal of the Commission; and

(b) states that person named in the instrument was declared elected as the President of Ghana at the election of the President,

shall be prima facie evidence that the person named was so elected.

64. Challenging election of the President

(1) The validity of the election of the President may be challenged only by a citizen of Ghana who may present a petition for the purpose to the Supreme Court within twenty-one days after the declaration of the result of the election in respect of which the petition is presented.

(2) A declaration by the Supreme Court that the election of the President is not Valid shall be without prejudice to anything done by the President before the declaration.

(3) The Rules of Court Committee shall, by constitutional instrument, make rules of court for the practice and procedure for petitions to the Supreme Court to challenge the election of a President.

65. Presidential election regulations

The Electoral Commission shall, by constitutional instrument, make Regulations for the purpose of giving effect to article 63 of this Constitution.

66. Term of office of the President

(1) A person elected as President shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as President.

(2) A person shall not be elected to hold office as President of Ghana for more than two terms.

(3) The office of President shall become vacant

(a) on the expiration of the period specified in clause (1) of this article, or

(b) if the incumbent dies or resigns from office or ceases to hold office under article 69 of this Constitution.

(4) The President may, by writing signed by him, and addressed to the Speaker of Parliament, resign from his office as President.

67. Presidential messages

The President shall, at the beginning of each session of Parliament and before a dissolution of Parliament, deliver to Parliament a message on the State of the nation.

68. Conditions of office of the President

(1) The President shall not, while he continues in office as President,

(a) hold any other office of profit or emolument whether private or public and whether directly or indirectly; or

(b) hold the office of Chancellor or head of any university in Ghana.

(2) The President shall not, on leaving office as President, hold any office of profit or emolument, except with the permission of Parliament, in any establishment, either directly or indirectly, other than that of the State

(3) The President shall receive such salary, allowances and facilities as may be prescribed by Parliament on the recommendations of the Committee referred to in article 71 of this Constitution.

(4) On leaving office, the President shall receive a gratuity in addition to pension, equivalent to his salary and other allowances and facilities prescribed by Parliament in accordance with clause (3) of this article.

(5) The salary, allowances, facilities, pensions and gratuity referred to in clauses (3) and (4) shall be exempt from tax.

(6) Where the President is removed from office under paragraph (c) of clause (1) of article 69 of this Constitution or resigns, he shall be entitled to such pension and other retiring awards and facilities as Parliament may prescribe on the recommendation of the Committee referred to in article 71 of this Constitution.

(7) The salary and allowances payable to the President and any pension or gratuity payable to him on leaving office shall be charged on the Consolidated Fund,

(8) The salary, allowances, facilities and privileges of the President shall not be varied to his advantage while he holds office.

(9) The pension payable to the President and the-facilities available to him shall not be varied to his advantage during his lifetime.

69. Removal of the President

(1) The President shall be removed from office if he is found, in accordance with the provisions of this article,

(a) to have acted in wilful violation of the Oath of Allegiance and the Presidential Oath set out in the Second Schedule to, or in wilful violation of any other provision of, this Constitution; or

(b) to have conducted himself in a manner;

(i) which brings or is likely to bring the high office of President into disrepute, ridicule or contempt; or

(ii) prejudicial or inimical to the economy or the security of the State; or

(c) to be incapable of performing the functions of his office by reason of infirmity of body or mind.

(2) For the purposes of the removal from office of the President, a notice in writing

(a) signed by not less than one-third of all the members of Parliament, and

(b) stating that the conduct or the physical or mental capacity of the President be investigated on any of the grounds specified in clause (1) of this article, shall be given to the Speaker who shall immediately inform the Chief Justice and deliver the notice to him copied to the President.

(3) The notice referred to in clause (2) of this article shall be accompanied by a statement in writing setting out in detail the facts, supported by the necessary documents, on which it is claimed that the conduct or the physical or mental capacity of the President be investigated for the purposes of his removal from office.

(4) Subject to clause (5) of this article, the Chief Justice shall, by constitutional instrument, immediately convene a tribunal consisting of the Chief Justice as Chairman and the four most senior Justices of the Supreme Court and the tribunal shall inquire, in camera, whether there is a prima facie case for the removal of the President.

(5) Where a notice under clause (2) of this article is delivered to the Chief Justice in respect of the removal from office of the President on the grounds of physical or mental incapacity, the Chief Justice shall, in consultation with the professional head of the Ghana Health Services, cause a medical board to be convened which shall consist of not less than four eminent medical specialists and the President shall be informed

accordingly.

(6) The President shall he invited to submit himself for examination by the Medical Board within fourteen days after the appointment of the Board.

(7) The President shall be entitled during the proceedings of the tribunal or of the Medical Board to be heard in his defence by himself or by a lawyer or other expert or person as the case may be, of his own choice.

(8) The Rules of Court Committee shall, by constitutional instrument, make Rules for the practice and procedure of the tribunal or of the Medical Board for the removal of the President;

(9) Where the tribunal 0r Medical Board specified in clauses (4) and (5) of this article determines that there is a prima facie case for the removal of the President or that the President is by reason of physical or mental incapacity unable to perform the functions of his office, the findings shall immediately be submitted to the Speaker of Parliament through the Chief Justice and copied to the President.

(10)   Parliament shall, within fourteen days after the date of the findings of the tribunal or Medical Board, move a resolution whether or not the President shall be removed from office.

(11)   The resolution for the removal from office of the President shall he by a secret ballot and shall be taken to be approved by Parliament if supported by the votes of not less than two-thirds of all the members of Parliament after prior debate.

(12) The proceedings of Parliament for the removal of the President shall not be held in camera except where Parliament otherwise orders in the interest of national security.

(13) The President shall cease to hold office as President on the date Parliament decides that he be removed from office.

70. Appointments by the President

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

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

(b) the Auditor-General;

(c) the District Assemblies Common Fund Administrator;

(d) the Chairmen and other members of,

(i) the Public Services Commission;

(ii) the Lands Commission;

(iii) the governing bodies of public corporations;

(iv) a National Council for Higher Education howsoever described; and

(e) the holders of such other offices as may be prescribed by this Constitution or by any other law not inconsistent with this Constitution.

(2) The President shall, acting on the advice of the Council of State, appoint the Chairman, Deputy Chairmen, and other members of the Electoral Commission.

71. Determination of certain emoluments

(1) The salaries and allowances payable, and the facilities and privileges available, to

(a) the Speaker and Deputy Speakers and members of Parliament,

(b) the Chief Justice and the other Justices of the Superior Court of Judicature,

(c) the Auditor-General, the Chairman and Deputy Chairmen of the Electoral Commission, the Commissioner for Human Rights and Administrative Justice and his Deputies and the District Assemblies Common Fund Administrator,

(d) the Chairman, Vice-Chairman and the other members of

(i) a National Council for Higher Education howsoever described,

(ii) the Public Services Commission,

(iii) the National Media Commission,

(iv) the Lands Commission, and

(v) the National Commission for Civic Education,

being expenditure charged on the Consolidated Fund, shall be determined by the President on the recommendations of a committee of not more than five persons appointed by the President, acting in accordance with the advice of the Council of State.

(2) The salaries and allowances payable, and the facilities available, to the President, the Vice-President, the Chairman and the other members of the Council of State; Ministers of State and Deputy Ministers, being expenditure charged on the Consolidated Fund, shall be determined by Parliament on the recommendations of the Committee referred to in clause (1) of this article.

(3) For the purposes of this article, and except as otherwise provided in this Constitution, “salaries” includes allowances, facilities and privileges and retiring benefits or awards.

72. Prerogative of mercy

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

(a) grant to a person convicted of an offence a pardon either free or subject to lawful conditions;

(b) grant to a person respite, either indefinite or for a specified period, from the execution of punishment imposed on him for an offence;

(c) substitute a less severe form of punishment for a punishment imposed on a person for an offence; or

(d) remit the whole or part of a punishment imposed on a person or of a penalty or forfeiture otherwise due to Government on account of any offence.

(2) Where a person is sentenced to death for an offence, a written report of the case from the trial Judge or Judges, together with such other information derived from the record of the case or elsewhere as may be necessary, shall be submitted to the President.

(3) For the avoidance of doubt, it is hereby declared that a reference in this article to a conviction or the imposition of a punishment, penalty, sentence or forfeiture includes a conviction or the imposition of a punishment, penalty, sentence or forfeiture by a court-Martial or other military tribunal.

73. International relations

The Government of Ghana shall conduct its international affairs in consonance with the accepted principles of public international law and diplomacy in a manner consistent with the national interest of Ghana.

74. Diplomatic representation

(1) The President shall, acting in consultation with the Council of State, appoint persons to represent Ghana abroad.

(2) The President may receive envoys accredited to Ghana.

75. Execution of treaties

(1) The President may execute or cause to be executed treaties, agreements or conventions in the name of Ghana.

(2) A treaty, agreement or convention executed by or under the authority of the President shall be subject to ratification by

(a) an Act of Parliament, or

(b) a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.

76. The Cabinet

(1) There shall be a Cabinet which shall consist of the President, the Vice-President and not less than ten and not more than nineteen Ministers of State.

(2) The Cabinet shall assist the President in the determination of general policy of the Government.

(3) There shall be a Secretary to the Cabinet who shall be appointed by the President.

77. Meetings of the Cabinet

(1) The Cabinet shall be summoned by the President who shall preside at all its meetings and in the absence of the President, the Vice-President shall preside.

(2) The Cabinet shall regulate the procedure at its meetings.

78. Ministers of State

(1) Ministers of State shall be appointed by the President with the prior approval of Parliament from among members of Parliament or persons qualified to be elected as members of Parliament, except that the majority of Ministers of State shall be appointed from among members of Parliament.

(2) The President shall appoint such number of Ministers of State as may be necessary for the efficient running of the State.

(3) A Minister of State shall not hold any other office of profit or emolument whether private or public and whether directly or indirectly unless otherwise permitted by the Speaker acting on the recommendations of a committee of Parliament on the ground

(a) that holding that office will not prejudice the work of a Minister; and

(b) that no conflict of interest arises or would arise as a result of the Minister holding that office.

Mensah v A-G [1997-98] 1 GLR 227, Holding 3 @P.243, S.C.

79. Deputy Ministers

(1) The President may, in consultation with a Minister of State, and with the prior approval of Parliament, appoint one or more Deputy Ministers to assist the Minister in the performance of his functions.

(2) A person shall not be appointed a Deputy Minister unless he is a member of Parliament or is qualified to be elected as a member of Parliament.

(3) Clause (3) of article 78 applies to a Deputy Minister as it applies to a Minister of State.

Mensah v A-G [1997-98] 1 GLR 227, Holding 3 @P.243, S.C.

80. Oaths

A Minister of State or Deputy Minister shall not enter upon the duties of his office unless he has taken and subscribed the Oath of Allegiance, the Oath of Minister of State and the Cabinet Oath, as the case may be, set out in the Second Schedule to this Constitution.

81. Tenure of office of Ministers, etc.

The office of a Minister of State or a Deputy Minister shall become vacant if

(a) his appointment is revoked by the President;

(b) he is elected as Speaker or Deputy Speaker;

(c) he resigns from office; or

(d) he dies.

82. Vote of censure

(1) Parliament may, by a resolution supported by the votes of not less than two-thirds of all the members of Parliament, pass a vote of censure on a Minister of State.

(2) A motion for the resolution referred to in clause (1) of this article shall not be moved in Parliament unless

(a) seven days notice has been given of the motion; and

(b) the notice for the motion has been signed by not less than one-third of all the members of Parliament.

(3) The motion shall be debated in Parliament within fourteen days after the receipt by the Speaker of the notice for the motion.

(4) A Minister of State in respect of whom a vote of censure is debated under Clause (3) of this article is entitled, during the debate, to be heard in his defence.

(5) Where a vote of censure is passed against a Minister under this article the President may, unless the Minister resigns his office, revoke his appointment as a Minister.

(6) For the avoidance of doubt this article applies to a Deputy Minister as it applies to a Minister of State.

83. The National Security Council

(1) There shall be a National Security Council which shall consist of,

(a) the President;

(b) the Vice-President;

(c) the Ministers for the time being holding the portfolios of Foreign Affairs,Defence, Interior, Finance and such other Ministers as the President may determine;

(d) the Chief of Defence Staff and two other members of the Armed Forces;

(e) the inspector-general of Police and two other members of the Police Service, one of whom shall be the Commissioner of Police responsible for the Criminal Investigations Department;

(f) the Director-General of the Prisons Service;

(g) the Director of External Intelligence;

(h) the Director of Internal Intelligence;

(i) the Director of Military Intelligence;

(j)  the Commissioner of Customs, Excise and Preventive Service; and

(k) three persons appointed by the President.

(2) The President shall preside at meetings of the National Security Council and in his absence the Vice»President shall preside.

(3) The President may, acting in consultation with the National Security Council, invite such persons as he considers necessary for any deliberations of the Council.

(4) A person invited to participate in the deliberations of the Council under clause (3) of this article shall not vote on any matter for decision before the Council.

(5) The National Security Council shall regulate the procedure at its meetings.

(6) The Secretary to the Cabinet shall be the Secretary to the National Security Council.

84. Functions of the National Security Council

The functions of the National Security Council include

(a) considering and taking appropriate measures to safeguard the internal and external security of Ghana;

(b)  ensuring the collection of information-relating to the security of Ghana and the integration of the domestic, foreign and security policies relating to it so as to enable the security services and other departments and agencies of the Government to cooperate more effectively in matters relating to national security;

(c)  assessing and appraising the objectives, commitments and risks of Ghana in relation to the actual and potential military power in the interest of national security; and

(d) taking appropriate measures regarding the consideration of policies on matters of common interest to the departments and agencies of the Government concerned with national security.

85. Establishment of security services

No agency, establishment or other organisation concerned with national security shall be established except as provided for under this Constitution.

86. The National Development Planning Commission

(1) There shall be a National Development Planning Commission.

(2) The Commission shall consist of

(i)   a Chairman who shall be appointed by the President in consultation with the Council of State;

(ii)  the Minister responsible for Finance and such other Ministers of State as the President may appoint;

(iii) the Government Statistician;

(iv) the Governor of the Bank of Ghana;

(v)  one representative from each region of Ghana appointed by the Regional Coordinating Council of the region;

(vi) such other persons as may be appointed by the President having regard to their knowledge and experience of the relevant areas and roles pertaining to development, economic, social, environmental and Spatial planning.

(3) The National Development Planning Commission shall be responsible to the President.

87. Functions of the National Development Planning Commission

(1) The Commission shall advise the President on development planning policy and strategy.

(2) The Commission shall, at the request of the President or Parliament, or on its own initiative

(a) study and make strategic analyses of macro-economic and structural reform options;

(b) make proposals for the development of multi-year rolling plans taking into consideration the resource potential and comparative advantage of the different districts of Ghana;

(c) make proposals for the protection of the natural and physical environment;

(d) make proposals for ensuring the even development of the district of Ghana by the effective utilisation of available resources; and

(e) monitor, evaluate and co-ordinate development policies, programmes and projects.

(3) The Commission shall also perform such other functions relating to development planning as the President may direct.

88. The Attorney-General

(1) There shall be an Attorney-General of Ghana who shall be a Minister of State and the principal legal adviser to the Government.

(2) The Attorney-General shall discharge such other duties of a legal nature as may be referred or assigned to him by the President, or imposed on him by this Constitution or any other law.

(3)  The Attorney-General shall be responsible for the initiation and conduct of all prosecutions of criminal offences.

(4) All offences prosecuted in the name of the Republic of Ghana shall be at the suit of the Attorney-General or any other person authorised by him in accordance with any law.

(5) The Attorney-General shall be responsible for the institution and conduct of all civil cases on behalf of the State; and all civil proceedings against the State shall be instituted against the Attorney General as defendant.

(6) The Attorney-General shall have audience in all courts in Ghana.

CHAPTER 9

THE COUNCIL OF STATE

89. The Council of State

(1) There shall be a Council of State to counsel the President in the performance of his functions.

(2) The Council of State shall consist of

(a) the following persons appointed by the President in consultation with Parliament:

(i) one person who has previously held the office of Chief Justice,

(ii) one person who has previously held the office of Chief of Defence Staff of the Armed Forces of Ghana,

(iii) one person who has previously held the office of Inspector-General of Police,

(b) the President of the National House of Chiefs,

(c) one representative from each region of Ghana elected, in accordance with Regulations made by the Electoral Commission under article 51 of  this Constitution, by an electoral college comprising two representatives from each of the districts in the region nominated by the District Assemblies in the region, and

(d) eleven other members appointed by the President.

(3) The Council of State shall elect a Chairman from among its members.

(4) A member of the Council of State shall, at the first meeting of the Council which he attends, take and subscribe the Oath of Secrecy and the Oath of a Member of the Council of State set out in the Second Schedule to this Constitution.

(5) A member of the Council of State shall hold office until the end of the term of office of the President unless

(a) that member resigns by writing signed by him and addressed to the President, or

(b) becomes permanently incapacitated, or

(c) is removed from office or dies.

(6) The appointment of a member of the Council of State may be terminated by the President on grounds of stated misbehaviour or of inability to perform his functions arising from infirmity of body or mind, and with the prior approval of Parliament.

(7) The Chairman and members of the Council of State shall be entitled to such allowances and privileges as may be determined in accordance with article 71 of this Constitution.

(8) The allowances and privileges 0fthe Chairman and other members of the Council of State shall be charged on the Consolidated Fund and shall not be varied to their disadvantage while they hold office.

90. Consideration of Bills by the Council of State

(1) A Bill which has been published in the Gazette or passed by Parliament shall be considered by the Council of State if the President so requests.

(2) A request from the President for consideration of a Bill may be accompanied by a statement setting forth the amendments or changes, if any, which the President proposes for consideration by the Council of State,

(3) Consideration of a Bill under clause (1) of this article shall be completed within thirty days after the third reading in Parliament of that Bill except that where the Bill was passed under a certificate of urgency, the Council of State shall consider it and report to the President within seventy-two hours.

(4) Where the Council of State decides not to propose an amendment to a Bill the Chairman shall, within seven days after the decision of the Council, transmit the Bill with a certificate to that effect addressed to the President.

(5) Where the Council of State decides to propose amendments to a Bill, the Bill, with a memorandum setting forth the amendments proposed on the Bill, shall be transmitted by the Chairman to the President within fifteen days after the conclusion of the consideration by the Council of State.

91. Other functions of the Council

(1) The Council of State shall consider and advise the President or any other authority in respect of any appointment which is required by this Constitution or any other law to be made in accordance with the advice of, or in consultation with, the Council of State.

(2) The advice referred to in clause (1) of this article shall be given not later than thirty days after the receipt of the request from the President or other authority.

(3) The Council of State may, upon request or on its own initiative, consider and make recommendations on any matter being considered or dealt with by the President, a Minister of State, Parliament or any other authority established by this Constitution except that the President, Minister of State, Parliament or other authority shall not be required to act in accordance with any recommendation made by the Council of State under this clause.

(4) The Council of State shall perform such other functions as may be assigned to it by this Constitution or any other law not inconsistent with this Constitution.

92. Meetings of the Council of State

(1) The Council of State shall meet for the dispatch of business at least four times in a year at such time and place as the Chairman may determine.

(2) The Council of State shall also meet if requested by

(a) the President, or

(b) Parliament, or

(c) not less than five members of the Council.

(3) The Council of State shall hold its meetings in camera but may admit the public to any meetings whenever it considers it appropriate.

(4) The Chairman of the Council of State shall preside at every meeting of the Council, and in his absence, a member of the Council elected by the members of the Council shall preside.

(5) A question for decision by the Council of State shall not be proposed for determination unless there are present in the Council more than one—half of all the members of the Council.

(6) Except as otherwise provided in this Constitution, the question proposed shall be determined by the majority of the members present and voting.

(7) The Council of State May, at the time, appoint any committees it considers appropriate and assign to them any matter or investigation which the council may determine.

(8) The council of state may, with the approval of the President, commission experts and consultants to advise it or to assist it in dealing with any specific issue on such terms and conditions as it may determine.

(9) A member of the Council of state who is a party to, or is a partner in, a firm which is a party to a contract with the Government shall, in any proceedings in the Council of State relating to that contract, declare his interest or the interest of that firm and shall not vote on any question relating to that contract.

(10) The proceedings of the Council of State shall not be invalidated by

(a) a vacancy in its membership, including a vacancy not filled when the Council first meets; and

(b) the presence or participation of a person not entitled to be present or to participate in the proceedings of the Council.

(11) Subject to the provisions of this Constitution, the Council of State may regulate its own procedure.

CHAPTER 10

THE LEGISLATURE

93. The Parliament of Ghana

(1) There shall be a Parliament of Ghana which shall consist of not less than one hundred and forty elected members.

(2) Subject to the provisions of this Constitution, the legislative power of Ghana shall be vested in Parliament and shall be exercised in accordance with this Constitution.

94. Qualifications and eligibility

(1) Subject to the provisions of this article, a person Shall not be qualified to be a member of Parliament unless

(a) he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter;

(b) he is resident in the constituency for which he stands as a candidate for election to Parliament or has resided there for a total period of not less than five years out of the ten years immediately preceding the election for which he stands, or he hails from that constituency; and

(c) he has paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes.

(2)  A person shall not be qualified to be a member of Parliament if he

(a) owes allegiance to a country other than Ghana; or

(b) has been adjudged or otherwise declared

(i) bankrupt under any law in force in Ghana and has not been discharged; or

(ii) to be unsound mind or is detained as criminal lunatic under any law in force in Ghana; or

(c) has been convicted,

(i)   for high crime under this Constitution or high treason or treason or for an offence involving the security of state, fraud, dishonesty or moral turpitude; or

(ii) for any other offence punishable by death or by a sentence of not less than ten years; or

(iii) for an offence relating to, or connected with election under a law in force in Ghana at any time; or

(d)  has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or is a person in respect of whom a commission or committee of inquiry has found that while being a public officer he acquired assets unlawful or defrauded the State or misused or abused his office, or wilfully acted in a manner prejudicial to the interest of the State, and the findings have not been set aside on appeal or judicial review; or

(e)  is under sentence of death or other sentence of imprisonment imposed on him by any court; or

(i)is not qualified to be registered as a voter under any law relating to public elections; or

(ii)is otherwise disqualified by a law in force at the time of the coming into force of this Constitution, not being inconsistent with a provision of this Constitution.

(3)  A person shall not be eligible to be a member of Parliament if he

(a) is prohibited from standing election by a law in force in Ghana by reason of his holding or acting in an office the functions of which involve a responsibility for or are connected with the conduct of, an election or responsibility for, the complication or revision of an electoral register; or

(b) is a member of the Police Service, the Prisons Service, the Armed Forces, the Judicial Service, the Legal service, the Civil Service, the Audit Service, the Parliamentary Service, the Statistical Service, the Fire Service, the Customs, Excise and Preventive Service, the Immigration Service, or the Internal Revenue Service; or

(c) is a chief

(4)  For the purposes of the paragraph (d) of clause (2) this article, in the case of any finding made by a commission or committee of inquiry which is not a judicial or quasi-judicial commission or committee of inquiry, without prejudice to any appeal against or judicial review of that finding, the funding shall not have the effect of disqualifying a person under that paragraph unless it has been confirmed by a Government white paper

(5) A person shall not be taken to be disqualified to be a member of Parliament under paragraph (c) or (d) of clause (2) of this article if

(a) ten years or more have passed since the end of the sentence or the date of the publication 0f the report of the Commission or committee of inquiry; or

(b) he has been pardoned

Tehn-Addy v. A-G & E.C. [1997-98] 1 GLR 47, Holding 2 @P.54, S.C.

95. The Speaker

(1) There shall be a Speaker of Parliament who shall be elected by the members of Parliament from among persons who are members of Parliament or who are qualified to be elected as members of Parliament.

(2) The Speaker shall vacate his office

(a) if he becomes a Minister of State or a Deputy Minister;

(b) if he resigns from office by writing signed by him and addressed to the Clerk to Parliament;

(c) if any circumstances arise that, if he were not the Speaker, would disqualify him for election as a member of Parliament; or

(d) if he is removed from office by a resolution of Parliament supported by the votes of not less than three-quarters of all the members of Parliament.

(3) No business shall be transacted in Parliament other than an election to the office of Speaker, at any time when the Office of Speaker is vacant.

(4) A person elected to the office of Speaker Shall, before entering upon the duties of his office, take and subscribe before Parliament the 0th of Allegiance and the Speaker’s Oath set out in the Second Schedule to this Constitution.

(5) The Speaker shall receive such salary and allowances, and on retirement, such retiring awards as may be determined in accordance with article 71 of this Constitution.

(6) The salary and allowance payable to the Speaker and any retiring awards payable to him on retirement shall be charged on the Consolidated Fund.

(7) The salary and other allowances payable to the Speaker shall not be varied to his disadvantage during his tenure of office.

96. The Deputy Speakers

(1) There shall be two Deputy Speakers of Parliament

(a) who shall be elected by the members of Parliament; and

(b) both of whom shall not be members of the same political party.

(2) The members of Parliament shall elect a person to the office of Deputy Speaker when Parliament first meets after a dissolution of Parliament and if the office becomes vacant otherwise than by reason of a dissolution of Parliament, at the first sitting of Parliament after the office becomes vacant.

(3) The provisions of clause (2) of article 95 of this Constitution shall apply in the case of a Deputy Speaker.

97. Tenure of office of members

(1) A member of Parliament shall vacate his seat in Parliament

(a) upon a dissolution of Parliament;

(b) if he is elected as Speaker of Parliament;

(c) if he is absent, without the permission in writing of the Speaker and he is unable to offer a reasonable explanation to the Parliamentary Committee on Privileges from fifteen sittings of a meeting of Parliament during any period that Parliament has been summoned to meet and continues to meet; or

(d) if he is expelled from Parliament after having been found guilty of contempt of Parliament by a committee of Parliament;

(e) if any circumstances arise such that, if he were not a member of Parliament, would cause him to be disqualified or ineligible for election, under article 94 of this Constitution;

(f) if he resigns from office as a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member;

(g) if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member; or

(h) if he was elected a member of Parliament as an independent candidate and joins a political party.

(2) Notwithstanding paragraph (g) of clause (1) of this article, a merger of parties at the national level sanctioned by the parties’ constitutions or membership of a coalition government of which his original party forms part shall not affect the status of any member of Parliament.

98. Emoluments of members

(1) A member of Parliament shall be paid such salary and allowances and provided with such facilities as may be determined in accordance with article 71 of this Constitution.

(2) A member of Parliament shall not hold any office of profit or emolument, whether private or public and either directly or indirectly, unless permitted to do so by the Speaker acting on the recommendations of a committee of Parliament on the grounds that

(a) holding that office will not prejudice the work of a member of Parliament, and

(b) no conflict of interest arises or would arise as a result of the member holding that office.

99. Determination of membership

(1) The High Court shall have jurisdiction to hear and determine any question whether

(a) a person has been validly elected as a member ofParliament or the seat of a member has become vacant; or

(b) a person has been validly elected as a Speaker of Parliament or, having been so elected. has vacated the office of Speaker.

(2) A person aggrieved by the determination of the High Court under this article may appeal to the Court of Appeal.

100. Oath of members

(1) A member of Parliament shall, before taking his seat in Parliament, take and subscribe before the Speaker and in the presence of the members of Parliament, the Oath of Allegiance and the Oath of a Member of Parliament set out in the Second Schedule to this Constitution.

(2) A member of Parliament may, before taking the oaths referred to in clause (1) Of this article, take part in the election of the Speaker.

101. Presiding in Parliament

The Speaker shall preside in Parliament at all sittings and in his absence a Deputy Speaker shall preside.

102. Quorum in Parliament

A quorum of Parliament, apart from the person presiding, shall be one-third of all the members of Parliament.

103. Committees of Parliament

(1) Parliament shall appoint standing committees and other committees as may be necessary for the effective discharge of its functions.

(2) The Standing Committees shall be appointed at the first meeting of Parliament after the election of the Speaker and the Deputy Speaker.

(3) Committees of Parliament shall be charged with such functions, including the investigation and inquiry into the activities and administration of ministries and departments as Parliament may determine; and such investigation and inquiries may extend to proposals for legislation.

(4) Every member of Parliament shall be a member of at least one of the standing committees.

(5) The composition of the Committees shall, as much as possible, reflect  the different shades of opinion in Parliament.

(6) A committee appointed under this article shall have the powers, rights and privileges of the High Court or a Justice of the High Court at a trial for

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

(b) compelling the production of documents, and

(c) issuing a commission or request to examine witnesses abroad.

104. Voting in Parliament

(1)   Except as otherwise provided in this Constitution, matters in Parliament shall be determined by the votes of the majority of members present and voting, with at least half of all the members of Parliament present.

(2) The Speaker shall have neither an original nor casting vote.

(3) Where the votes on any motion are equal it shall be taken to be lost.

(4) Where Parliament is considering a Bill to amend the Constitution, or where the voting is in relation to the election or removal of any person under this Constitution or under any other law, voting shall be in secret.

(5) A member who is a party to or a partner in a firm which is a party to a contract with the Government shall declare his interest and shall not vote on any question relating to the contract.

105. Unqualified person sitting or voting

A person who sits or votes in Parliament knowing or having reasonable grounds for knowing that he is not entitled so to do commits an offence and shall be liable on conviction, to such penalty as shall be prescribed by or under an Act of Parliament.

106. Mode of exercising legislative power

(1) The power of Parliament to make laws shall be exercised by bills passed by Parliament and assented to by the President.

(2) No Bill, other than such a Bill as is referred to in paragraph (a) of article 108 of this Constitution, shall be introduced in Parliament unless

(a) it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the Bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and

(b) it has been published in the Gazette at least fourteen days before the date of its introduction in Parliament.

(3) A Bill affecting the institution of chieftaincy shall not be introduced in Parliament without prior reference to the National House of Chiefs.

(4) Whenever a Bill is read the first time in Parliament, it shall be referred to the appropriate Committee appointed under article 103 of this Constitution which shall examine the Bill in detail and make all such inquiries in relation to it as the Committee considers expedient or necessary.

(5) Where a Bill has been deliberated upon by the appropriate Committee, it shall be reported to Parliament.

(6) The report of the Committee, together with the explanatory memorandum to the Bill, shall form the basis fur a full debate on the Bill for its passage, with or without amendments, or its rejection by Parliament.

(7) Where a Bill passed by Parliament is presented to the President for assent he shall signify, within seven days after the presentation, to the Speaker that he assents to the Bill or that he refuses to assent the Bill, unless the Bill has been referred by the President to the Council of State under article 90 of this Constitution.

(8) Where the President refuses to assent to a Bill, he shall, within fourteen days after the refusal,

(a) state in a memorandum to the Speaker any specific provisions of the Bill which in his opinion should be reconsidered by Parliament including his recommendations for amendments if any;

(b) inform the Speaker that he has referred the Bill to the Council of State for consideration and comment under article 90 of this Constitution.

(9) Parliament shall reconsider a Bill taking into account the comments made by the President or the Council of State, as the case may be, under clause (8) of this article.

(10) Where a Bill reconsidered under clause (9) of this article is passed by Parliament by a resolution supported by the votes of not less than two-thirds of all the members of Parliament, the President shall assent to it within thirty days after the passing of the resolution.

(11) Without prejudice to the power of Parliament to postpone the operation of a law, a Bill shall not become law until it has been duly passed and assented to in accordance with the provisions of this Constitution and shall not come into force unless it has been published in the Gazette.

(12) The provisions of clauses (7) to (10) of this article shall not apply to a Bill certified by the Speaker as a Bill to which the provisions of article 108 of this Constitution apply; and accordingly, the President shall give his assent to any such bill when presented for assent.

(13) Where it is determined by a committee of Parliament appointed for the purpose that a particular bill is of an urgent nature, the provisions of the proceeding clauses of this article, other than Clause (1) and paragraph (a) of Clause (2) shall not apply, and accordingly, the President shall give his assent to the Bill on its presentation for assent.

(14) A Bill introduced in Parliament by or on behalf of the President shall not be delayed for more than three months in any Committee of Parliament.

107. Retroactive legislation

Parliament shall have no power to pass any law

(a) to alter the decision or judgment of any court as between the parties subject to that decision or judgment; or

(b) which operates retroactively to impose any limitations on, or to adversely affect the personal rights and liberties of any person or to impose a burden, obligation or liability on any person except in the case of a law enacted under articles 178 to 182 of this Constitution.

108. Settlement of financial matters

Parliament shall not, unless the Bill is introduced or the motion is introduced by, or on behalf of, the President

(a) proceed upon a Bill including an amendment to a Bill, that, in the opinion of the person presiding, makes provision for any of the following:

(i) the imposition of taxation or the alteration of taxation otherwise than by reduction; or

(ii) the imposition of a charge on the Consolidated Fund or other public funds of Ghana or the alteration of any such charge otherwise than by reduction; or

(iii) the payment, issue or withdrawal from the Consolidated Fund or other public funds of Ghana of any monies not charged on the Consolidated Fund or any increase in the amount of that payment, issue or withdrawal; or

(iv) the composition or remission of any debt due to the Government of Ghana; or

(b) proceed upon a motion, including an amendment to a motion, the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes specified in paragraph (a) of this article.

109. Professional organizations

(1) Parliament may by law regulate professional, trade and business organisations.

(2) The affairs of an organisation referred to in clause (1) of this article shall be conducted on democratic lines.

110. Standing orders of Parliament

(1) Subject to the provisions of this Constitution, Parliament may, by standing orders, regulate its own procedure.

(2) Parliament may act notwithstanding a vacancy in its membership, including a vacancy not filled when Parliament first meets after a dissolution of Parliament; and the presence or the participation of a person not entitled to be present or to participate in the proceedings of Parliament shall not invalidate those proceedings.

111. Attendance in Parliament of Vice-President and Ministers

The Vice-President, or a Minister or Deputy Minister who is not a member of Parliament, shall be entitled to participate in the proceedings of Parliament and shall be accorded all the privileges of a member of Parliament except that he is not entitled to vote or to hold an office in Parliament.

112. Sessions of Parliament

(1) A session of Parliament shall be held at such place within Ghana and shall commence at such time as the Speaker may, by constitutional instrument, appoint.

(2) A session of Parliament shall be held at least once a year, so that the period between the last sitting of Parliament in one session and the first sitting of Parliament in the next session does not amount to twelve months.

(3) Notwithstanding any other provision of this article, fifteen percent of members of Parliament may request a meeting of Parliament; and the Speaker shall, within seven days after the receipt of the request, summon Parliament.

(4) Subject to clause (2) of article 113 of this Constitution, a general election of members of Parliament shall be held within thirty days before the expiration of the period specified in clause (1) of that article; and a session of Parliament shalt be appointed to commence within fourteen days after the expiration of that period.

(5) Whenever a vacancy occurs in Parliament, the Clerk to Parliament shall notify the Electoral Commission in writing within seven days after becoming aware that the vacancy has occurred; and a by-election shall be held within thirty days after the vacancy occurred except that where the vacancy occurred through the death of a member, the by-election shall be held within sixty days after the occurrence of the vacancy. [NB: This provision has been amended by section 3 of the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527)]. The original clause read, “(5) Wherever a vacancy occurs in Parliament, the Clerk to Parliament shall notify the Electoral Commission in writing within seven days after the vacancy occurred and a by-election shall be held within thirty days after the vacancy occurred."

(6) Notwithstanding clause (5) of this article, a by-election shall not be held within three months before the holding of a general election.

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