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Ghana 1996-en - constitution

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Constitutional law of Ghana and its history (FLAW306)

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PDF generated: 26 Jul 2022, 22:

constituteproject

Ghana's Constitution of 1992

with Amendments through 1996

This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.

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Preamble..............................................................................

CHAPTER 1. THE CONSTITUTION.....................................................

1. SUPREMACY OF THE CONSTITUTION...................................................

2. ENFORCEMENT OF THE CONSTITUTION................................................

3. DEFENCE OF THE CONSTITUTION......................................................

CHAPTER 2. TERRITORIES OF GHANA.................................................

4. TERRITORIES OF GHANA..............................................................

5. CREATION, ALTERATION OR MERGER OF REGIONS........................................

CHAPTER 3. CITIZENSHIP.............................................................

6. CITIZENSHIP OF GHANA..............................................................

7. PERSONS ENTITLED TO BE REGISTERED AS CITIZENS.....................................

8. DUAL CITIZENSHIP..................................................................

9. CITIZENSHIP LAWS BY PARLIAMENT...................................................

10. INTERPRETATION..................................................................

CHAPTER 4. THE LAWS OF GHANA..................................................

11. THE LAWS OF GHANA..............................................................

CHAPTER 5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS.....................

Part I. General......................................................................... Part II. Emergency Powers............................................................... Part III. Protection of Rights by the Courts..................................................

CHAPTER 6. THE DIRECTIVE PRINCIPLES OF STATE POLICY.........................

34. IMPLEMENTATION OF DIRECTIVE PRINCIPLES.........................................

35. POLITICAL OBJECTIVES.............................................................

36. ECONOMIC OBJECTIVES............................................................

37. SOCIAL OBJECTIVES...............................................................

38. EDUCATIONAL OBJECTIVES.........................................................

39. CULTURAL OBJECTIVES.............................................................

40. INTERNATIONAL RELATIONS........................................................

41. DUTIES OF A CITIZEN...............................................................

CHAPTER 7. REPRESENTATION OF THE PEOPLE.....................................

Part I. Right to Vote.................................................................... Part II. Electoral Commission............................................................. Part III. Political Parties.................................................................

CHAPTER 8. THE EXECUTIVE........................................................

Part I. The President.................................................................... Part II. International Relations............................................................ Part III. The Cabinet.................................................................... Part IV. The National Security Council...................................................... Part V. National Development Planning Commission.......................................... Part VI. The Attorney-General............................................................

CHAPTER 9. THE COUNCIL OF STATE................................................

89. THE COUNCIL OF STATE............................................................

90. CONSIDERATION OF BILLS BY THE COUNCIL OF STATE..................................

91. OTHER FUNCTIONS OF THE COUNCIL.................................................

92. MEETINGS OF COUNCIL OF STATE....................................................

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200. THE POLICE SERVICE..............................................................

201. THE POLICE COUNCIL.............................................................

202. INSPECTOR-GENERAL OF POLICE AND APPOINTMENT OF MEMBERS OF POLICE SERVICE..

203. FUNCTIONS OF THE POLICE COUNCIL...............................................

204. REGIONAL POLICE COMMITTEES...................................................

CHAPTER 16. THE PRISONS SERVICE................................................

205. THE PRISONS SERVICE............................................................

206. THE PRISONS SERVICE COUNCIL....................................................

207. DIRECTOR. GENERAL OF PRISONS SERVICE AND APPOINTMENT OF MEMBERS OF SERVICE.

208. FUNCTIONS OF PRISONS SERVICE COUNCIL..........................................

209. REGIONAL PRISONS COMMITTEES..................................................

CHAPTER 17. THE ARMED FORCES OF GHANA......................................

210. ARMED FORCES OF GHANA........................................................

211. ARMED FORCES COUNCIL.........................................................

212. APPOINTMENTS..................................................................

213. THE CHIEF OF DEFENCE STAFF.....................................................

214. FUNCTIONS OF ARMED FORCES COUNCIL............................................

215. DELEGATION OF FUNCTIONS.......................................................

CHAPTER 18. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE..

216. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE......................

217. APPOINTMENT OF MEMBERS OF COMMISSION.......................................

218. FUNCTIONS OF COMMISSION......................................................

219. SPECIAL POWERS OF INVESTIGATION...............................................

220. REGIONAL AND DISTRICT BRANCHES OF COMMISSION................................

221. QUALIFICATIONS OF COMMISSIONERS..............................................

222. COMMISSIONERS NOT TO HOLD OTHER PUBLIC OFFICE................................

223. TERMS AND CONDITIONS OF SERVICE OF COMMISSIONERS............................

224. ACTING APPOINTMENTS..........................................................

225. INDEPENDENCE OF COMMISSION AND COMMISSIONERS..............................

226. APPOINTMENT OF STAFF..........................................................

227. EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND......................

228. REMOVAL OF COMMISSIONERS.....................................................

229. INITIATION OF LEGAL PROCEEDINGS................................................

230. REGULATIONS....................................................................

CHAPTER 19. NATIONAL COMMISSION FOR CIVIC EDUCATION....................

231. ESTABLISHMENT OF NATIONAL COMMISSION FOR CIVIC EDUCATION...................

232. MEMBERSHIP OF COMMISSION.....................................................

233. FUNCTIONS OF COMMISSION......................................................

234. INDEPENDENCE OF COMMISSION..................................................

235. TERMS AND CONDITIONS OF SERVICE OF MEMBERS OF COMMISSION...................

236. REMOVAL OF CHAIRMAN AND DEPUTY CHAIRMEN...................................

237. REGIONAL AND DISTRICT BRANCHES OF COMMISSION................................

238. APPOINTMENT OF STAFF..........................................................

239. EXPENSES OF COMMISSION CHARGED ON CONSULTED FUN...........................

CHAPTER 20. DECENTRALIZATION AND LOCAL GOVERNMENT....................

240. LOCAL GOVERNMENT.............................................................

241. DISTRICTS OF LOCAL GOVERNMENT................................................

242. COMPOSITION OF DISTRICT ASSEMBLY..............................................

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243. DISTRICT CHIEF EXECUTIVE........................................................

244. PRESIDING MEMBER..............................................................

245. FUNCTIONS OF DISTRICT ASSEMBLIES...............................................

246. TERM OF DISTRICT ASSEMBLY......................................................

247. QUALIFICATIONS AND PROCEDURES................................................

248. POLITICAL PARTIES AND CANDIDATES FOR ELECTION TO LOCAL GOVERNMENT UNITS....

249. REVOCATION OF MANDATE BY ELECTORATE.........................................

250. EMOLUMENTS OF DISTRICT CHIEF EXECUTIVE AND PRESIDING MEMBER................

251. EXECUTIVE COMMITTEE..........................................................

252. DISTRICT ASSEMBLIES COMMON FUND AND GRANTS-IN-AID..........................

253. AUDIT...........................................................................

254. FURTHER DECENTRALIZATION.....................................................

255. REGIONAL CO-ORDINATING COUNCILS..............................................

256. REGIONAL MINISTERS AND DEPUTY REGIONAL MINISTERS............................

CHAPTER 21. LANDS AND NATURAL RESOURCES...................................

Part I. Public Lands..................................................................... Part II. Lands Commission............................................................... Part III. Ownership of land by Non-Citizens.................................................. Part IV. Stool and Skin Lands and Property.................................................. Part V. Protecting Natural Resources......................................................

CHAPTER 22. CHIEFTAINCY.........................................................

270. INSTITUTION OF CHIEFTAINCY.....................................................

271. NATIONAL HOUSE OF CHIEFS......................................................

272. FUNCTIONS OF THE NATIONAL HOUSE OF CHIEFS....................................

273. JURISDICTION OF THE NATIONAL HOUSE OF CHIEFS..................................

274. REGIONAL HOUSE OF CHIEFS......................................................

275. DISQUALIFICATION OF CONVICTED PERSONS........................................

276. CHIEFS NOT TO TAKE PART IN ACTIVE PARTY POLITICS................................

277. DEFINITION OF CHIEF.............................................................

CHAPTER 23. COMMISSIONS OF INQUIRY..........................................

278. APPOINTMENT OF COMMISSION OF INQUIRY........................................

279. POWERS OF COMMISSION OF INQUIRY..............................................

280. FUNCTIONS OF COMMISSION OF INQUIRY...........................................

281. INQUIRY PROCEDURE.............................................................

282. ASSISTANCE BY LAWYER OR OTHER EXPERT..........................................

283. IMMUNITIES AND PRIVILEGES OF WITNESSES........................................

CHAPTER 24. CODE OF CONDUCT FOR PUBLIC OFFICERS..........................

284. CONFLICT OF INTEREST...........................................................

285. OTHER PUBLIC APPOINTMENTS....................................................

286. DECLARATION OF ASSETS AND LIABILITIES..........................................

287. COMPLAINTS OF CONTRAVENTION.................................................

288. INTERPRETATION.................................................................

CHAPTER 25. AMENDMENT OF THE CONSTITUTION................................

289. AMENDMENT OF CONSTITUTION...................................................

290. AMENDMENT OF ENTRENCHED PROVISIONS........................................

291. AMENDMENT OF NON-ENTRENCHED PROVISIONS...................................

292. CERTIFICATE OF COMPLIANCE WITH CONSTITUTION.................................

CHAPTER 26. MISCELLANEOUS......................................................

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 afrmation 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

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.
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

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.

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.
Any 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.
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

Motives for writing constitution Preamble

God or other deities

Source of constitutional authority

Claim of universal suffrage

Source of constitutional authority

Constitutionality of legislation

and shall, in the case of the President or the Vice-President, constitute a ground for removal from ofce under this Constitution.
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 ne; and b. not be eligible for election, or for appointment, to any public ofce for ten years beginning with the date of the expiration of the term of imprisonment.

3. DEFENCE OF THE CONSTITUTION

Parliament shall have no power to enact a law establishing a one-party state.
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.
Any 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, upon conviction, be sentenced to suffer death.

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.
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.
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.
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

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.
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

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

Duty to obey the constitution

Type of government envisioned

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.
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.
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.
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 satised.
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

A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.
Without prejudice to article 94(2)(a) of the Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any ofce specied 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 ofce specied by an Act of Parliament.
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.

9. CITIZENSHIP LAWS BY PARLIAMENT

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.
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.
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- a. that the activities of that person are inimical to the security of the State or prejudicial to public morality or the public interest; or b. that the citizenship was acquired by fraud, misrepresentation or any other improper or irregular practice.
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.
Parliament may make provision by 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.

Requirements for naturalization

Conditions for revoking citizenship

Right to renounce citizenship Conditions for revoking citizenship

10. INTERPRETATION

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.
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 coining 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

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.
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.
For the purposes of this article, "customary law" means the rules of law which by custom are applicable to particular communities in Ghana.
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.
Subject to the provisions of this Constitution, the existing law shall not be affected by the coming into force of this Constitution.
The existing law shall be construed with any modications, adaptations, qualications 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.
Any Order, Rule or Regulation 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 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

Where a person 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.
A person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that other person.
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.
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 certicate of the court concerned, award such compensation as it may think t; 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

The dignity of all persons shall be inviolable.
No person shall, whether or not he is arrested, restricted or detained, be subjected to- a. torture or other cruel, inhuman or degrading treatment or punishment; b. any other condition that detracts or is likely to detract from his dignity and worth as a human being.
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.
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

No person shall be held in slavery or servitude.
No person shall be required to perform forced labour.
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; 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 justiable 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

All persons shall be equal before the law.
A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
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.
Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide-

Protection from unjustied restraint

Protection from false imprisonment

Human dignity Inalienable rights

Prohibition of cruel treatment Prohibition of torture

Privileges for juveniles in criminal process

Prohibition of slavery

General guarantee of equality Equality regardless of creed or belief Equality regardless of gender Equality regardless of social status Equality regardless of nancial status Equality regardless of religion Equality regardless of race Equality regardless of skin color

a 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.
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

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

A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court.
A person charged with a criminal offence shall- 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 and- 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 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 or treason, be tried by the High Court duly constituted by three Justices of that Court and the decision of the Justices shall be unanimous.
The trial of a person charged with a criminal offence shall 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 notied 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.
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.

Right to own property

Right to privacy

Right to speedy trial Right to fair trial

Jury trials required

Presumption of innocence in trials Trial in native language of accused

Right to counsel

Right to examine evidence/witnesses

Trial in native language of accused

courts or tribunals for the trial of offences against military law committed by persons subject to military law.
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.
For the purposes of this article "criminal offence" means a criminal offence under the laws of Ghana.

20. PROTECTION FROM DEPRIVATION OF PROPERTY

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 satised- 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 benet; and b. the necessity for the acquisition is clearly stated and is such as to provide reasonable justication for causing any hardship that may result to any person who has an interest in or right over the property.
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.
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.
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 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.
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.
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 rst option for acquiring the property and shall, on such reacquisition 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 reacquisition.

21. GENERAL FUNDAMENTAL FREEDOMS

All persons shall have the right to- a. freedom of speech and expression, which shall include freedom of the press and other media;

Protection from expropriation

Freedom of expression Freedom of press

b of thought, conscience and belief, which shall include academic freedom; c. freedom to practice 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 shall 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 qualications 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.
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.
All citizens shall have the right and freedom to form or join political parties and to participate in political activities subject to such qualications and laws as are necessary in a free and democratic society and are consistent with this Constitution.
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 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 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 justiable in terms of the spirit of this Constitution.

Whenever 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.
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.

22. PROPERTY RIGHTS OF SPOUSES

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.
Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses.
With a view to achieving the full realization of the rights referred to in clause (2) of this article-

Freedom of opinion/thought/conscience

Freedom of religion Freedom of assembly

Right to join trade unions Freedom of association

Right to information

Freedom of movement

Right to form political parties

Power to deport citizens

Provision for matrimonial equality

28. CHILDREN'S RIGHTS

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 co-operation with such institutions as Parliament may by law, prescribe in such manner that in all cases the interests 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 unit of society are safeguarded in promotion of the interest of children.
Every child has the right to be protected from engaging in work that constitutes a threat to his health, education or development.
A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
No child shall be deprived by any other person of medical treatment, education or any other social or economic benet by reason only of religious or other beliefs.
For the purposes of this article, "child" means a person below the age of eighteen years.

29. RIGHTS OF DISABLED PERSONS

Disabled persons have the right to live with their families or with foster parents and to participate in social, creative or recreational activities.
A disabled person shall, not be subjected to differential treatment in respect of his residence other than that required by his condition or by the improvement which he may derive from the treatment.
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.
Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or de grading nature.
In any judicial proceedings which a disabled person is a party the legal procedure applied shall take his physical and mental condition into account.
As far as practicable, every place to which the public has access shall have appropriate facilities for disabled persons.
Special incentives shall be given to disabled persons engaged in business and also to business organisations that employ disabled persons in signicant numbers.
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 benet by reason only of religious or other beliefs.

Part II. Emergency Powers

31. EMERGENCY POWERS

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.
Notwithstanding any other provision of this article, where a proclamation is published under clause (1) of this article, the President shall place immediately

Rights of children

Limits on employment of children

Prohibition of torture Prohibition of cruel treatment

State support for the disabled

Emergency provisions

before Parliament, the facts and circumstances leading to the declaration of the state of emergency.
Parliament shall, within seventy-two hours after being so notied, decide whether the proclamation should remain in force or should; be revoked; and the President shall act in accordance with the decision of Parliament.
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.
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 specied in the resolution.
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.
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.
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.
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.
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 justiable for the purposes of dealing with the situation that exists during that period.

32. PERSONS DETAINED UNDER EMERGENCY LAWS

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 notication shall be published in the Gazette and in the media stating that he has been restricted or detained and giving 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;

Emergency provisions

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