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Citizenship - case
Constitutional law of Ghana and its history (FLAW306)
University of Ghana
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Constitutional law - Citizenship - section 16(2) of the Citizenship Act, 2000 (Act 591) - Conflict with core values embodied in the existing Constitution - The facts of this case are that the Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527) received the Presidential Assent on 16th December 1996. The object of the Act was to amend the Constitution of Ghana. Section 1 of the Act provides as follows:“Article 8 of the Constitution is repealed and the following inserted: Article 8 of the Constitution substituted Dual 8.(1) A citizen of Ghana may hold the citizenship of any other country in addition to his Citizenship citizenship of Ghana (2)Without prejudice to article 94 (2) (a) of the Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this clause if he holds the citizenship of any other country in addition to his citizenship of Ghana. Pursuant to this Constitution of the Republic of Ghana (Amendment) Act, 1996 (Act 527), the Citizenship Act, 2000 (Act 591) was enacted which contains a section 16(2) which the Plaintiff in this action claims is unconstitutional. Accordingly, on 27th June 2011 he filed a writ invoking the original jurisdiction of this court, seeking the following reliefs - PROFESSOR STEPHEN KWAKU ASARE V THE ATTORNEY-GENERAL WRIT NO. J1 / 6 / 2011 22ND MAY, 2012
Constitutional Law – Dual citizenship - Interpretation - On 30 March 2010 the plaintiff caused the writ herein to issue claiming the following reliefs: 1. A declaration that on a true and proper interpretation of articles 97(1) and 94(2)(a) ADAMU DARAMANI, also known as ADAMU DARAMANI-SAKANDE; ADAMU DARAMANI SAKANDE; ADAMU SAKANDE, who holds a British Passport and therefore “owes allegiance to a country other than Ghana” is acting in contravention and in continuous violation of the 1992 Constitution for as long as he continues to sit in the Parliament of Ghana.. Any consequential orders the Supreme Court may deem meet.”In the statement of case filed by the plaintiff, he raised by himself without waiting for the defendant to be served with the processes initiating the action herein what he described as an anticipatory legal objection to the jurisdiction of this court to inquire into the claims contained in the writ. Although the procedure adopted by the plaintiff was quite unusual; for it is the defendant who ordinarily raises an objection to the jurisdiction of the court, we allowed the parties to address us on the said question of jurisdiction. Indeed, as was anticipated by the plaintiff, the defendant did subsequently file an objection to the jurisdiction of the court. The parties having submitted to us their respective positions on the question whether or not the Supreme Court has jurisdiction to determine the action herein, the matter was adjourned for us to pronounce on the said question. - SUMAILA BIELBIEL VRS ADAMU DARAMANI & OR WRIT NO J1/2/10 DATE: 4TH JULY, 2011
CONFLICT OF LAWS - Intestate succession - Immovable property - Intestate of Lebanese origin - No evidence that deceased acquired Ghanaian domicile or citizenship
- No particular system of customary law embraced by deceased - Whether property of intestate devolves according to customary law or English common law Youhana v. Abboud [1973] 1 GLR 258, Abban J.
CONSTITUTIONAL LAW - Citizenship - Interpretation of statutes - Whether Act determining proceedings impugning deportation order determined proceedings in which a declaration of citizenship was sought - Deportation (Othman Larden and Amadu Baba) Act, 1957,s. 4 (2). LARDAN v. ATTORNEY-GENERAL AND OTHERS (No) [1958] 3 WALR 114
CONTEMPT OF COURT - Appeal - Party to proceedings in contempt - Writ seeking declaration of citizenship - Party deported - Minister responsible held to be in contempt of court - Whether deportation made it impossible for the court to adjudicate on the writ - Whether party should have filed an application for an injunction or habeas corpus to prevent deportation - Whether Minister is vicariously responsible for the acts of' subordinate officers - Whether bonding contemnors during the currency of an elected Government excessive and unreasonable. Dombo v. Narh [1970] CC 68, CA
CONTEMPT OF COURT - Special contempt - Party to proceedings in contempt - Disregard of writ seeking declaration of Ghanaian citizenship - Party deported - Whether deportation during pendency of writ amounts to contempt of court. Narh v. Dombo [1970] CC 64, Coussey J.
EVIDENCE - Hearsay - Admissibility - Evidence of traditions of family adduced establishing citizenship - Whether evidence hearsay and inadmissible Balogun v. Minister of Interior [1959] GLR 452, Ollennu J.
NATIONAL LIBERATION COUNCIL - Powers of – “Unlimited” - Powers and objects of constitutional interim government - Whether sovereignty resided in the people of Ghana or the National Liberation Council - Whether National Liberation Council competent to deprive Ghanaians of their citizenship - Proclamation, 1966, para. 3 Shalabi v. Attorney-General [1972] 1 GLR 259 Hayfron-Benjamin J.
NATIONALITY - Citizenship – Declaration of - Determination of the citizenship of a person with apparent substantial connections in two countries - Ghana Nationality and Citizenship Act, 1957 (No of 1957), s. 4(1) - Ghana Nationality Decree 1967 (NLCD 191), paras (a), 2(1)(b) British Nationality Act, 1948 11 & 12 Geo, c). Olympio v. Commissioner for the Interior [1970] CC 4, Wiredu J
NATIONALITY - Deprivation of - Retrospective legislation - Plaintiffs acquired nationality under NLCD 191, para. 1 - NLCD 191 subsequently amended by retrospective substitution of para. 1 thereof - Amending legislation did not specifically divest plaintiffs of their right - Effect of retrospective substitution - Whether inconvenience of accepting certain people as nationals a legal submission - Whether
Citizenship - case
Course: Constitutional law of Ghana and its history (FLAW306)
University: University of Ghana
