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Ghana 1996 - The Constitution of Ghana

The constitution of Ghana in its entirety for easy reference and study.
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Constitutional law of Ghana and its history (FLAW306)

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PDF generated: 31 Mar 2021, 16:

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

Table of contents

152. APPOINTMENT ALLOWANCES AND REMOVAL OF LOWER COURT OR TRIBUNAL
165. MEDIA RIGHTS AND FREEDOMS TO BE ADDITIONAL TO FUNDAMENTAL HUMAN
202. INSPECTOR-GENERAL OF POLICE AND APPOINTMENT OF MEMBERS OF POLICE
207. DIRECTOR. GENERAL OF PRISONS SERVICE AND APPOINTMENT OF MEMBERS OF
248. POLITICAL PARTIES AND CANDIDATES FOR ELECTION TO LOCAL GOVERNMENT
268. PARLIAMENTARY RATIFICATION OF AGREEMENTS RELATING TO NATURAL
  • Preamble
  • CHAPTER 1: THE CONSTITUTION
      1. SUPREMACY OF THE CONSTITUTION
      1. ENFORCEMENT OF THE CONSTITUTION
      1. DEFENCE OF THE CONSTITUTION
  • CHAPTER 2: TERRITORIES OF GHANA
      1. TERRITORIES OF GHANA
      1. CREATION, ALTERATION OR MERGER OF REGIONS
  • CHAPTER 3: CITIZENSHIP
      1. CITIZENSHIP OF GHANA
      1. PERSONS ENTITLED TO BE REGISTERED AS CITIZENS
      1. DUAL CITIZENSHIP
      1. CITIZENSHIP LAWS BY PARLIAMENT
      1. INTERPRETATION
  • CHAPTER 4: THE LAWS OF GHANA
      1. THE LAWS OF GHANA
  • CHAPTER 5: FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
    • Part I: General
        1. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
        1. PROTECTION OF RIGHT TO LIFE
        1. PROTECTION OF PERSONAL LIBERTY
        1. RESPECT FOR HUMAN DIGNITY
        1. PROTECTION FROM SLAVERY AND FORCED LABOUR
        1. EQUALITY AND FREEDOM FROM DISCRIMINATION
        1. PROTECTION OF PRIVACY OF HOME AND OTHER PROPERTY
        1. FAIR TRIAL
        1. PROTECTION FROM DEPRIVATION OF PROPERTY
        1. GENERAL FUNDAMENTAL FREEDOMS
        1. PROPERTY RIGHTS OF SPOUSES
        1. ADMINISTRATIVE JUSTICE
        1. ECONOMIC RIGHTS
        1. EDUCATIONAL RIGHTS
        1. CULTURAL RIGHTS AND PRACTICES
        1. WOMEN'S RIGHTS
        1. CHILDREN'S RIGHTS
        1. RIGHTS OF DISABLED PERSONS
        1. RIGHTS OF THE SICK
        1. THE VICE-PRESIDENT AND SUCCESSION TO THE PRESIDENCY
        1. PUBLIC AND PRESIDENTIAL SEALS
        1. QUALIFICATIONS OF PRESIDENT
        1. ELECTION OF PRESIDENT
        1. CHALLENGING ELECTION OF PRESIDENT
        1. PRESIDENTIAL ELECTION REGULATIONS
        1. TERM OF OFFICE OF PRESIDENT
        1. PRESIDENTIAL MESSAGES
        1. CONDITIONS OF OFFICE OF PRESIDENT
        1. REMOVAL OF PRESIDENT
        1. APPOINTMENTS BY PRESIDENT
        1. DETERMINATION OF CERTAIN EMOLUMENTS
        1. PREROGATIVE OF MERCY
    • Part II: International Relations
        1. INTERNATIONAL RELATIONS
        1. DIPLOMATIC REPRESENTATION
        1. EXECUTION OF TREATIES
    • Part III: The Cabinet
        1. THE CABINET
        1. MEETINGS OF THE CABINET
        1. MINISTERS OF STATE
        1. DEPUTY MINISTERS
        1. OATHS
        1. TENURE OF OFFICE OF MINISTERS, ETC
        1. VOTE OF CENSURE
    • Part IV: The National Security Council
        1. THE NATIONAL SECURITY COUNCIL
        1. FUNCTIONS OF THE NATIONAL SECURITY COUNCIL
        1. ESTABLISHMENT OF SECURITY SERVICES
    • Part V: National Development Planning Commission
        1. NATIONAL DEVELOPMENT, PLANNING COMMISSION
        1. FUNCTIONS OF NATIONAL DEVELOPMENT PLANNING COMMISSION
    • Part VI: The Attorney-General
        1. THE ATTORNEY GENERAL
  • CHAPTER 9: THE COUNCIL OF STATE
      1. THE COUNCIL OF STATE
      1. CONSIDERATION OF BILLS BY THE COUNCIL OF STATE
      1. OTHER FUNCTIONS OF THE COUNCIL
      1. MEETINGS OF COUNCIL OF STATE
  • CHAPTER 10: THE LEGISLATURE
    • Part I: Composition of Parliament
        1. THE PARLIAMENT OF GHANA
        1. QUALIFICATIONS AND ELIGIBILITY
        1. THE SPEAKER
        1. DEPUTY SPEAKERS
        1. TENURE OF OFFICE OF MEMBERS
        1. EMOLUMENTS OF MEMBERS
        1. DETERMINATION OF MEMBERSHIP
    • Part II: Procedure in Parliament
        1. OATH OF MEMBERS
        1. PRESIDING IN PARLIAMENT
        1. QUORUM IN PARLIAMENT
        1. COMMITTEES OF PARLIAMENT
        1. VOTING IN PARLIAMENT
        1. UNQUALIFIED PERSON SITTING OR VOTING
        1. MODE OF EXERCISING LEGISLATIVE POWER
        1. RETROACTIVE LEGISLATION
        1. SETTLEMENT OF FINANCIAL MATTERS
        1. PROFESSIONAL ORGANISATIONS
        1. STANDING ORDERS OF PARLIAMENT
        1. ATTENDANCE IN PARLIAMENT OF VICE-PRESIDENT AND MINISTERS
    • Part III: Summoning, Dissolution, etc
        1. SESSIONS OF PARLIAMENT
        1. DISSOLUTION OF PARLIAMENT
        1. GRATUITIES FOR MEMBERS OF PARLIAMENT
    • Part IV: Privileges and Immunities
        1. FREEDOM OF SPEECH AND OF PROCEEDINGS
        1. IMMUNITY PROM PROCEEDINGS FOR ACTS IN PARLIAMENT
        1. IMMUNITY FROM SERVICE OF PROCESS AND ARREST
        1. IMMUNITY FROM WITNESS SUMMONS
        1. IMMUNITY FROM SERVICE AS JUROR
        1. IMMUNITY FOR PUBLICATION OF PROCEEDINGS
        1. PRIVILEGES OF WITNESSES
    • Part V: Contempt of Parliament
        1. GENERAL CONTEMPT
        1. CRIMINAL PROCEEDINGS
        1. CONDITIONS OF SERVICE OF JUDICIAL OFFICERS
        1. RETIREMENT AND RESIGNATION OF JUDICIAL OFFICERS
        1. REMOVAL OF JUDICIAL OFFICERS -
    • Part VIII: The Judicial Council PANEL MEMBERS
        1. JUDICIAL COUNCIL
        1. FUNCTIONS OF JUDICIAL COUNCIL
    • Part IX: Miscellaneous
        1. RETIRING AWARDS OF SUPERIOR COURT JUSTICES
        1. JUDICIAL OATH
        1. RULES OF COURT
        1. OTHER OFFICERS AND EMPLOYEES OF COURTS
        1. REGULATIONS BY CHIEF JUSTICE
        1. FEES OF THE COURTS TO FORM PART OF CONSOLIDATED FUND
        1. INTERPRETATION
  • CHAPTER 12: FREEDOM AND INDEPENDENCE OF THE MEDIA
      1. FREEDOM AND RESPONSIBILITY OF MEDIA
      1. RESPONSIBILITY OF STATE-OWNED MEDIA
      1. LIMITATION ON RIGHTS AND FREEDOMS -
      1. NATIONAL MEDIA COMMISSION RIGHTS
      1. FUNCTIONS OF THE COMMISSION
      1. APPOINTMENT OF BOARD MEMBERS OF STATE-OWNED MEDIA
      1. APPOINTMENT OF EDITORS
      1. STAFF OF COMMISSION
      1. EXPENSES OF COMMISSION CHARGED ON CONSOLIDATED FUND
      1. INDEPENDENCE OF COMMISSION
      1. INDEPENDENCE OF JOURNALISTS
  • CHAPTER 13: FINANCE
    • Part I: General
        1. TAXATION
        1. PUBLIC FUNDS OF GHANA
        1. THE CONSOLIDATED FUND
        1. CONTINGENCY FUND
        1. WITHDRAWAL PROM PUBLIC FUNDS, ETC
        1. AUTHORISATION OF EXPENDITURE
        1. EXPENDITURE IN ADVANCE OF APPROPRIATION
        1. LOANS
        1. PUBLIC DEBT
        1. CENTRAL BANK
        1. FOREIGN EXCHANGE DEALINGS
    • Part II: Statistical Service
        1. STATISTICAL SERVICE
        1. STATISTICAL SERVICE BOARD
    • Part III: The Auditor-General
        1. THE AUDITOR-GENERAL
    • Part IV: The Audit Service
        1. THE AUDIT SERVICE
        1. THE AUDIT SERVICE BOARD
  • CHAPTER 14: THE PUBLIC SERVICES
      1. THE PUBLIC SERVICES OF GHANA
      1. PROTECTION OF PUBLIC OFFICERS
      1. ESTABLISHMENT OF PUBLIC CORPORATIONS
      1. HEAD OF THE CIVIL SERVICE
      1. THE PUBLIC SERVICES COMMISSION
      1. APPOINTMENTS, ETC. OF PUBLIC OFFICERS
      1. OTHER FUNCTIONS OF THE PUBLIC SERVICES COMMISSION
      1. REGULATIONS
      1. INDEPENDENCE OF COMMISSION
      1. RETIRING AGE AND PENSION
  • CHAPTER 15: THE POLICE SERVICE
      1. THE POLICE SERVICE
      1. THE POLICE COUNCIL -
      1. FUNCTIONS OF THE POLICE COUNCIL SERVICE
      1. REGIONAL POLICE COMMITTEES
  • CHAPTER 16: THE PRISONS SERVICE
      1. THE PRISONS SERVICE
      1. THE PRISONS SERVICE COUNCIL -
      1. FUNCTIONS OF PRISONS SERVICE COUNCIL SERVICE
      1. REGIONAL PRISONS COMMITTEES
  • CHAPTER 17: THE ARMED FORCES OF GHANA
      1. ARMED FORCES OF GHANA
      1. FUNCTIONS OF DISTRICT ASSEMBLIES
      1. TERM OF DISTRICT ASSEMBLY
      1. QUALIFICATIONS AND PROCEDURES -
      1. REVOCATION OF MANDATE BY ELECTORATE UNITS
      1. EMOLUMENTS OF DISTRICT CHIEF EXECUTIVE AND PRESIDING MEMBER
      1. EXECUTIVE COMMITTEE
      1. DISTRICT ASSEMBLIES COMMON FUND AND GRANTS-IN-AID
      1. AUDIT
      1. FURTHER DECENTRALIZATION
      1. REGIONAL CO-ORDINATING COUNCILS
      1. REGIONAL MINISTERS AND DEPUTY REGIONAL MINISTERS
  • CHAPTER 21: LANDS AND NATURAL RESOURCES
    • Part I: Public Lands
        1. PUBLIC LANDS AND OTHER PUBLIC PROPERTY
    • Part II: Lands Commission
        1. LANDS COMMISSION
        1. MEMBERSHIP OF COMMISSION
        1. REGIONAL LANDS COMMISSION
        1. MEMBERSHIP OF REGIONAL LANDS COMMISSION
        1. REGIONAL LANDS OFFICER
        1. QUALIFICATIONS OF MEMBERS
        1. TENURE OF OFFICE OF MEMBERS OF COMMISSION
        1. INDEPENDENCE OF LANDS COMMISSION
    • Part III: Ownership of land by Non-Citizens
        1. OWNERSHIP OF LAND BY NON-CITIZENS
    • Part IV: Stool and Skin Lands and Property
        1. STOOL AND SKIN LANDS AND PROPERTY
    • Part V: Protecting Natural Resources -
        1. NATURAL RESOURCES COMMISSIONS RESOURCES
  • CHAPTER 22: CHIEFTAINCY
      1. INSTITUTION OF CHIEFTAINCY
      1. NATIONAL HOUSE OF CHIEFS
      1. FUNCTIONS OF THE NATIONAL HOUSE OF CHIEFS
      1. JURISDICTION OF THE NATIONAL HOUSE OF CHIEFS
      1. REGIONAL HOUSE OF CHIEFS
      1. DISQUALIFICATION OF CONVICTED PERSONS
      1. CHIEFS NOT TO TAKE PART IN ACTIVE PARTY POLITICS
      1. DEFINITION OF CHIEF
  • CHAPTER 23: COMMISSIONS OF INQUIRY
      1. APPOINTMENT OF COMMISSION OF INQUIRY
      1. POWERS OF COMMISSION OF INQUIRY
      1. FUNCTIONS OF COMMISSION OF INQUIRY
      1. INQUIRY PROCEDURE
      1. ASSISTANCE BY LAWYER OR OTHER EXPERT
      1. IMMUNITIES AND PRIVILEGES OF WITNESSES
  • CHAPTER 24: CODE OF CONDUCT FOR PUBLIC OFFICERS
      1. CONFLICT OF INTEREST
      1. OTHER PUBLIC APPOINTMENTS
      1. DECLARATION OF ASSETS AND LIABILITIES
      1. COMPLAINTS OF CONTRAVENTION
      1. INTERPRETATION
  • CHAPTER 25: AMENDMENT OF THE CONSTITUTION
      1. AMENDMENT OF CONSTITUTION
      1. AMENDMENT OF ENTRENCHED PROVISIONS
      1. AMENDMENT OF NON-ENTRENCHED PROVISIONS
      1. CERTIFICATE OF COMPLIANCE WITH CONSTITUTION
  • CHAPTER 26: MISCELLANEOUS
      1. CLAIMS AGAINST GOVERNMENT
      1. LEGAL AID
      1. INTERPRETATION
      1. EXERCISE OF DISCRETIONARY POWER
      1. IMPLIED POWER, ETC
      1. RESIDUAL POWERS OF PARLIAMENT
      1. TRANSITIONAL PROVISIONS
  • FIRST SCHEDULE: TRANSITIONAL PROVISIONS
    • PART I: FIRST PRESIDENT
        1. FIRST PRESIDENT
    • PART II: FIRST PARLIAMENT
        1. FIRST PARLIAMENT
    • PART III: THE JUDICIARY
        1. FUNCTIONS OF SUPERIOR COURTS OF JUDICATURE
        1. CONTINUANCE OF APPOINTMENTS OF JUSTICES OF THE SUPERIOR COURTS
        1. CONTINUANCE IN EXISTENCE OF PUBLIC TRIBUNALS BOARD FOR SIX MONTHS
    1. THE OATH OF THE VICE-PRESIDENT
    1. THE JUDICIAL OATH
    1. THE OATH OF MEMBER OF COUNCIL OF STATE
    1. THE CABINET OATH
    1. THE OATH OF MINISTER OF STATE
    1. THE OATH OF SECRECY
    1. THE OFFICIAL OATH
    1. THE SPEAKER'S OATH
    1. THE OATH OF A MEMBER OF PARLIAMENT
    1. THE OATH OF THE AUDITOR-GENERAL

• •Motives for writing constitutionPreamble Preamble

  • God or other deities IN THE NAME OF THE ALMIGHTY GOD
  • Source of constitutional authority 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;

  • Claim of universal suffrage 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;

  • Source of constitutional authority 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.

  • Constitutionality of legislation

2. ENFORCEMENT OF THE CONSTITUTION

  • Constitutionality of legislation 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. 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. 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.

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.

  • Type of government envisioned

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 per cent of the persons entitled to vote cast their votes at the referendum, and of the votes cast at least eighty per cent 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

• Requirements for birthright 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.

• Requirements for naturalization 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.

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

  • Conditions for revoking citizenship

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 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

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 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 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

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.

  • •Equality regardless of genderEquality regardless of skin color
  • •Equality regardless of creed or beliefEquality regardless of origin
  • •Equality regardless of raceEquality regardless of religion

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.

  • Right to life

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

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Ghana 1996 - The Constitution of Ghana

Course: Constitutional law of Ghana and its history (FLAW306)

346 Documents
Students shared 346 documents in this course

University: University of Ghana

Was this document helpful?
PDF generated: 31 Mar 2021, 16:08
This complete constitution has been generated from excerpts of texts from the repository of the
Comparative Constitutions Project, and distributed on constituteproject.org.
constituteproject.org
Ghana's Constitution of 1992
with Amendments through
1996

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