Skip to document
Welcome to StudocuSign in to access the best study resources
Guest user
0followers
HomeMy LibraryAsk AI
  • You don't have any recent items yet.
My Library
  • You don't have any courses yet.
  • You don't have any books yet.
  • You don't have any Studylists yet.

Olympio v. Commissioner FOR THE Interior

It’s a case under constitutional law
Course

Constitutional law of Ghana and its history (FLAW306)

346 Documents
Students shared 346 documents in this course
Academic year: 2021/2022
Uploaded by:
Anonymous Student
This document has been uploaded by a student, just like you, who decided to remain anonymous.
Ghana Institute of Management and Public Administration

Recommended for you

Comments

Please sign in or register to post comments.

Students also viewed

Related documents

Preview text

GHANA LAW FINDER

Self help guide to the Law Easy to use Case and Subject matter index and more tonykaddy@yahoo.co

HOME 1970 GHANA LAW REPORT

  1. OLYMPIO v. COMMISSIONER FOR THE INTERIOR

HC 30.

(Wiredu J., Accra)

Nationality – Citizenship – Declaration of- determining the Citizenship of a person with apparent substantial connections in two countries-Ghana Nationality and Citizenship Act, 1957 (No. 1 of 1957), s (1) – Ghana Nationality Degree, 1967 (N.L.C 191), paras(a), 2(1) (b) – British Nationality Act, 1948 (11 & 12 Geo. 6 c. 56).

The plaintiff received a letter from the Principal Secretary of the Ministry of Interior stating that his permission to remain in Ghana had been withdrawn and that he must leave Within 48 hours. Consequently he brought this action seeking a declaration that he was a citizen of Ghana by descent, that he could not therefore be deported from Ghana and that he required no permission from the defendant in order to remain in Ghana. The plaintiff presented evidence that: his father was born in Kpandu, his paternal grand- Mother was born and baptized in Keta, his mother was born and baptized in Keta, his maternal grandmother was born in Keta, and he was born in Lome on 1 April 1933. The evidence as to the Keta births and baptisms was presented by ancient documents. The plaintiff based his claim on paragraph 2(1)(b) of N.L.C.D, The defense called no evidence and relied solely on the evidence as presented by the plaintiff was a Ghanaian citizen by descent.

Held: the plaintiff’s mother, grandmother and great grandmother were all born in Keta and were British and Ghanaian citizens by virtue of N.L.C. 191 para. 1(a) No of 1957, s(1) and British Nationality Act, 1948 Of (N.L.C)191, the plaintiff was a Ghanaian citizen by descent. Declaration that plaintiff was a citizen of Ghana. Counse;

J. Quahie-Idum with him J Heward-Mills for the plaintiff.

Gyeko-Darko, Principal State Attorney (with him S. Sampong, Assistant State Attorney for the defendant.

Editorial Note: the Ghana Nationality Decree, 1967 (N.L.C.D), PROVIDES:

“1. person born in Ghana is a citizen of Ghana by birth: provided that-

(a) a person born in Ghana before the date of commencement of the Ghana Independence Act, 1957 (L.N) (i. the 6th day of March, 1957) shall not be a citizen by nature of this paragraph unless he was immediately before the 6th day of March, 1957 and within the meaning of the in force in Ghana on that date a citizen of the United Kingdom and Colonies or a British Protected person; The above wording was that considered in the Olympio case; however, the Ghana Nationality (Amendment) Decree, 1969 (N.L.C) had amended it at the time of this action by the substitution for paragraph 1 of the following new paragraph:

“1. A person born in Ghana is a citizen of Ghana by birth if-

a) having been born in Ghana before the date of Commencement of the Ghana Independence Act,

pages Page 1 of 2

F:\1970\OLYMPIO v. COMMISSIONER FOR THE INTERIOR 01/09/

This version of Total HTML Converter is unregistered.

1957 (L. 63), that is to say, the 6th day of March 1957. (i) he was immediately before the date a citizen of the United Kingdom and Colonies or a British protected person, and (ii) one at least of his parents or grandparents was born in Ghana;”

Legal Library Services Copyright - 2003 All Rights Reserved.

pages Page 2 of 2

F:\1970\OLYMPIO v. COMMISSIONER FOR THE INTERIOR 01/09/

This version of Total HTML Converter is unregistered.

Was this document helpful?

Olympio v. Commissioner FOR THE Interior

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?
GHANA LAW FINDER
Self help guide to the Law
Easy to use
Case and Subject matter index
and more
tonykaddy@yahoo.co.uk
HOME 1970 GHANA LAW REPORT
4. OLYMPIO v. COMMISSIONER FOR THE INTERIOR
HC 30.7.69
(Wiredu J., Accra)
Nationality – Citizenship – Declaration of- determining the Citizenship of a person with apparent substantial
connections in two countries-Ghana Nationality and Citizenship Act, 1957 (No. 1 of 1957), s.4 (1) – Ghana
Nationality Degree, 1967 (N.L.C.D 191), paras.1(a), 2(1) (b) – British Nationality Act, 1948 (11 & 12 Geo. 6
c. 56).
The plaintiff received a letter from the Principal Secretary of the Ministry of Interior stating that his
permission to remain in Ghana had been withdrawn and that he must leave Within 48 hours. Consequently
he brought this action seeking a declaration that he was a citizen of Ghana by descent, that he could not
therefore be deported from Ghana and that he required no permission from the defendant in order to
remain in Ghana. The plaintiff presented evidence that: his father was born in Kpandu, his paternal grand-
Mother was born and baptized in Keta, his mother was born and baptized in Keta, his maternal
grandmother was born in Keta, and he was born in Lome on 1 April 1933. The evidence as to the Keta
births and baptisms was presented by ancient documents. The plaintiff based his claim on paragraph
2(1)(b) of N.L.C.D.191, The defense called no evidence and relied solely on the evidence as presented by
the plaintiff was a Ghanaian citizen by descent.
Held: the plaintiff’s mother, grandmother and great grandmother were all born in Keta and were
British and Ghanaian citizens by virtue of N.L.C.D. 191 para. 1(a) No.1 of 1957, s.4(1) and British
Nationality Act, 1948 Of (N.L.C.D)191, the plaintiff was a Ghanaian citizen by descent.
Declaration that plaintiff was
a citizen of Ghana.
Counse;
J. Quahie-Idum with him J.N Heward-Mills for the plaintiff.
Gyeko-Darko, Principal State Attorney (with him S. Sampong, Assistant State Attorney for the
defendant.
Editorial Note: the Ghana Nationality Decree, 1967 (N.L.C.D.191), PROVIDES:
“1. person born in Ghana is a citizen of Ghana by birth: provided that-
(a) a person born in Ghana before the date of commencement of the Ghana Independence
Act, 1957 (L.N.63) (i.e. the 6th day of March, 1957) shall not be a citizen by nature of this
paragraph unless he was immediately before the 6th day of March, 1957 and within the
meaning of the in force in Ghana on that date a citizen of the United Kingdom and Colonies
or a British Protected person;
The above wording was that considered in the Olympio case; however, the Ghana Nationality
(Amendment) Decree, 1969 (N.L.C.D) had amended it at the time of this action by the substitution for
paragraph 1 of the following new paragraph:
“1. A person born in Ghana is a citizen of Ghana by birth if-
a) having been born in Ghana before the date of Commencement of the Ghana Independence Act,
pages.gif
Page 1 of 2
F:\1970\OLYMPIO v. COMMISSIONER FOR THE INTERIOR.htm
01/09/2012
This version of Total HTML Converter is unregistered.

Students also viewed

Related documents