- Information
- AI Chat
GHA31976 - The constitution of Ghana
Constitutional law of Ghana and its history (FLAW306)
University of Ghana
Recommended for you
Students also viewed
- Judgment PS Investment V Ceredec & ORS-1
- Republic v Tommy Thompson Books L TD and Others
- Yakubu Awbego Vrs. Tindana Agongo Akubayela ; Immovable property – Allodial title to land, ownership of land, traditional evidence, resolution of conflicts arising from traditional evidence
- Police Service ACT, 1970 (ACT 350)
- Ex Parte Bannerman - case
- Republic V HIGH Court (COM. DIV.), Accra,NML EX Parte Attorney- General (Autosaved)
Preview text
PDF generated: 04 Oct 2013, 20:
This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.
constituteproject
Ghana's Constitution of 1992
with Amendments through
1996
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.
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)
Any person whoÅ
(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, upon conviction, be sentenced to suffer death.
(4)
All citizens of Ghana shall have the right and duty at all times Ä
(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)
Any 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 any 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 be 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 instrumentÅ
(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 forÅ
(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.
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, a 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 or 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 be 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)
Any 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)
Where upon 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 upon being so 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, 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-
(a) Ambassador of 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 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 by virtue of that marriage shall, on the dissolution of that marriage, become citizen of Ghana.
CHAPTER 4
THE LAWS OF GHANA
11 THE LAWS OF GHANA
(1)
The laws of Ghana shall compriseÅ
(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 tote given to, any changes effected by this Constitution.
(7)
Any Order, Rule or Regulation made by a person or authority under a power conferred by this Constitution or any other law shallÅ
(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 Order, Rule or Regulation by the votes of not less than two-thirds of all the members of Parliament.
CHAPTER 5
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Part I General
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; or (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or, (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 no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by lawÅ
(a) in execution of a sentence or order of a court in respect of a criminal offence of which he has been convicted; or (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
(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 includeÅ
(a) any labour required as a result of a sentence or order of a court; or (b) any labour required of a member of a disciplined force or service as his duties or, in the case 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; or (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 well-being 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, ethnic 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 raw, 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 provideÅ
(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 on 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 well-being 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 shall be given a fair hearing within a reasonable time by a court.
(2)
A person charged with a criminal offence shallÅ
(a) in the case of an offence other than high treason or treason, the punishment for which is death or imprisonment for life, be tried by a judge and jury andÅ (i) where the punishment is death, the verdict of the jury shall be unanimous; and (ii) in the case of life 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
(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 authorityÅ
(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 Ä
(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 authorizes 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 onlyÅ
(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 or 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 in 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 satisfiedÅ
(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 utilization 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 forÅ
(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 on suitable alternative land with due regard for their economic well-being 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 propertyÅ
(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 die limitation of actions; or (e) for so long only as may be necessary for the purpose of any examination, investigation, trial or inquiry; or (f) 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.
(5)
Whenever a person, whose freedom of movement has been restricted by the order of a court under paragraph (a) of clause (4)Çof 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)Çof 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.
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 realization of the rights referred to in clause (2) of this articleÅ
(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.
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.
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 realization of that rightÅ
(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 be 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, practice, 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 well-being of a person are prohibited.
27 WOMEN'S RIGHTS
(1)
Special care shall be accorded to mothers during a reasonable period before and after child-birth; 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, realise their full potential.
(3)
Women shall be guaranteed equal rights to training and promotion without any impediments from any person.
GHA31976 - The constitution of Ghana
Course: Constitutional law of Ghana and its history (FLAW306)
University: University of Ghana
- Discover more from:
Recommended for you
Students also viewed
- Judgment PS Investment V Ceredec & ORS-1
- Republic v Tommy Thompson Books L TD and Others
- Yakubu Awbego Vrs. Tindana Agongo Akubayela ; Immovable property – Allodial title to land, ownership of land, traditional evidence, resolution of conflicts arising from traditional evidence
- Police Service ACT, 1970 (ACT 350)
- Ex Parte Bannerman - case
- Republic V HIGH Court (COM. DIV.), Accra,NML EX Parte Attorney- General (Autosaved)