REPUBLIC OF GHANA
CONSTITUTION
OF THE
REPUBLIC
OF
GHANA
_________
1992
ARRANGEMENT OF CHAPTERS
CHAPTERS
3. CITIZENSHIP
5. FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
6. THE DIRECTIVE PRINCIPLES OF STATE POLICY
7. REPRESENTATION OF THE PEOPLE
8. THE EXECUTIVE
9. THE COUNCIL OF STATE
10. THE LEGISLATURE
11. THE JUDICIARY
12. FREEDOM AND INDEPENDENCE OF THE MEDIA
13. FINANCE
14. THE PUBLIC SERVICE
15. THE POLICE SERVICE
16. THE PRISONS SERVICE
17. GHANA ARMED FORCES OF GHANA
18. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE
19. NATIONAL COMMISSION FOR CIVIC EDUCATION
20. DECENTRALIZATION AND LOCAL GOVERNMENT
21. LANDS AND NATURAL RESOURCES
22. CHIEFTAINCY
23. COMMISSIONS OF INQUIRY
24. CODE OF CONDUCT FOR PUBLIC OFFICERS
25. AMENDMENT OF THE CONSTITUTION
26. MISCELLANEOUS
SCHEDULES
First Schedule - Transitional Provisions
Part I - First President
Part II - First Parliament
Part III - The Judiciary
Part IV - Miscellaneous
Second Schedule
Oaths
THE CONSTITUTION OF THE REPUBLIC OF GHANA
ARRANGEMENT OF ARTICLES
CHAPTER ONE
THE CONSTITUTION
1. Supremacy of the Constitution
2. Enforcement of the Constitution
3. Defence of the Constitution
CHAPTER TWO
TERRITORIES OF GHANA
4. Territories of Ghana
5. Creation, Alteration or Merger of Regions
CHAPTER THREE
CITIZENSHIP
6. Citizenship of Ghana
7. Persons entitled to be registered as Citizens
8. Dual citizenship
9. Citizenship Laws by Parliament
10. Interpretation
CHAPTER FOUR
THE LAWS OF GHANA
11. The Laws of Ghana
CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
General
12. Protection of Fundamental Human Rights and Freedoms
13. Protection of Personal Liberty
14. Protection of Personal Liberty
15. Respect for Human dignity
16. Protection from Slavery and Forced Labour
17. Equality and Freedom from Discrimination
18. Protection of Privacy of Home and Other Property
19. Fair Trail
20. Protection from Deprivation of Property
21. General Fundamental Freedoms
22. Property Rights of Spouses
23. Administrative Justice
24. Economic Rights
25. Educational Rights
26. Cultural Rights and Practices
27. Women's Rights
28. Children's Rights
29. Rights of Disabled Persons
30. Rights of the Sick
Emergency Powers
31. Emergency Powers
32. Persons detained under Emergency Laws
Protection of Rights by the Courts
33. Protection of Rights by the Courts
CHAPTER SIX
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 SEVEN
REPRESENTATION OF THE PEOPLE
Right to Vote
42. Right to Vote
43. Electoral Commission
44. Qualifications, Terms and Conditions of Service of Members of
Electoral Commission
45. Functions of Electoral Commission
46. Independence of the Commission
47. Constituencies
48. Appeals from Decisions of Commission
49. Voting at Elections and Referenda
50. Election of Candidates
51. Regulations for Elections and Referenda
52. Regional and District Representatives of Commission
53. Appointment of Staff of Commission
54. Expenses of Commission charged on Consolidated Fund
Political Parties
55. Organization of Political Parties
56. Restriction of Certain Propaganda
CHAPTER EIGHT
THE EXECUTIVE
The President
57. The President of Ghana
58. Executive Authority of Ghana
59. Absence for Ghana
60. The Vice-President and Succession to the Presidency
61. Public and Presidential Seals
62. Qualifications of President
63. Election of President
64. Challenging Election of President
65. Presidential Election Regulations
66. Term of Office of President
67. Presidential Messages
68. Conditions of Office of President
69. Removal of President
70. Appointments by President
71. Determination of Certain Emoluments
72. Prerogative of Mercy
International Relations
73. International Relations
74. Diplomatic Representation
75. Execution of Treaties
The Cabinet
76. The Cabinet
77. Meetings of the Cabinet
78. Ministers of State
79. Deputy Ministers
80. Oaths
81. Tenure of Office of Ministers, etc.
82. Vote of Censure
The National Security Council
83. The National Security Council
84. Functions of the National Security Council
85. Establishment of Security Services
National Development Planning Commission
86. National Development Planning Commission
87. Functions of National Development Planning Commission
The Attorney-General
88. The Attorney-General
CHAPTER NINE
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
CHAPTER TEN
THE LEGISLATURE
Composition of Parliament
93. The Parliament of Ghana
94. Qualifications and Eligibility
95. The Speaker
96. Deputy Speakers
97. Tenure of Office of Members
98. Emoluments of Members
99. Determination of Membership
Procedure in Parliament
100. Oath of Members
101. Presiding in Parliament
102. Quorum in Parliament
103. Committees of Parliament
104. Voting in Parliament
105. Unqualified Person Sitting or voting
106. Mode of Exercising Legislative Power
107. Retroactive Legislation
108. Settlement of Financial Matters
109. Professional Organisations
110. Standing Orders of Parliament
111. Attendance in Parliament of Vice-President and Ministers
Summoning, Dissolution etc.
112. Sessions of Parliament
113. Dissolution of Parliament
114. Gratuities for Members of Parliament
Privileges and Immunities
115. Freedom of Speech and of Proceedings
116. Immunity from Proceedings for Acts in Parliament
117. Immunity from Service of Process and Arrest
118. Immunity from Witness Summons
119. Immunity from Service as Juror
120. Immunity for Publication of Proceedings
121. Privileges of Witnesses
Contempt of Parliament
122. General Contempt
123. Criminal Proceedings
The Parliamentary Service
124. The Parliamentary Service
CHAPTER ELEVEN
THE JUDICIARY
General
125. The Judicial Power of Ghana
126. Composition and Mode of Exercise of Power of Judiciary
127. Independence of the Judiciary
128. Composition of Supreme Court and Qualifications of its Justices
129. General Jurisdiction of Supreme Court
130. Original Jurisdiction of Supreme Court
131. Appellate Jurisdiction of Supreme Court
132. Supervisory Jurisdiction of Supreme Court
133. Power of Supreme Court to review its decisions
134. Powers of a Single Justice of Supreme Court
135. Production of official Documents in Court
The Court of Appeal
136. Composition of Court of Appeal and Qualifications of its Justices
138. Powers of a Single Justice of Court of Appeal
The High Court
139. Composition of High Court and Qualifications of its Justices
140. Jurisdiction of the High Court
141. Supervisory Jurisdiction of the High Court
Regional Tribunals
142. Establishment and Composition of Regional Tribunals and Qualifications of chairmen and other Panel Members
143. Jurisdiction of Regional Tribunals
Appointment, Retirement and Removal of Justices of Superior Courts and Chairmen and other Members of Regional Tribunals
144. Appointment of Justices of Superior Courts and Chairmen and other Members of Regional Tribunals
145. Retirement and Resignation of Justices of the Superior Courts and Chairmen of Regional Tribunals
146. Removal of Justices of Superior Courts and Chairmen of Regional Tribunals
147. Service conditions and Removal of Panel Members of Regional Tribunal other than the Chairman
Appointment, Retirement and Removal of Judicial Officers
148. Appointment of Judicial Officers
149. Conditions of Service of Judicial Officers
150. Retirement and Resignation of Judicial Officers
151. Removal of Judicial Officers
152. Appointment, Allowances and Removal of Lower Court or Tribunal Panel members
The Judicial Council
153. Judicial Council
154. Functions of Judicial Council
Miscellaneous
155. Retiring Awards of Superior Court Justices
156. Judicial Oath
157. Rules of Court
158. Other Officers and Employees of Courts
159. Regulations by Chief Justice
160. Fees of the Courts to form part of Consolidated Fund
161. Interpretation
CHAPTER TWELVE
FREEDOM AND INDEPENDENCE OF THE MEDIA
162. Freedom and Responsibility of the Media
163. Responsibility of State-owned Media
164. Limitation on Rights and Freedoms
165. Media Rights and Freedoms to be Additional to Fundamental Human Rights
166. National Media Commission
167. Functions of the Commission
168. Appointment of Board Members of State-owned Media
169. Appointment of Editors
170. Staff of Commission
171. Expenses of Commission charged on Consolidated Fund
172. Independence of Commission
173. Independence of Journalists
CHAPTER THIRTEEN
FINANCE
General
174. Taxation
175. Public Funds of Ghana
176. The Consolidated Fund
177. Contingency Fund
178. Withdrawal from Public Funds, etc.
179. Authorisation of Expenditure
180. Expenditure in Advance of Appropriation
181. Loans
182. Public Debt
183. The Central Bank
184. Foreign Exchange Dealings
Statistical Service
185. Statistical Service
186. Statistical Service Board
The Auditor-General
187. The Auditor-General
The Audit Service
188. The Audit Service
189. The Audit Service Board
CHAPTER FOURTEEN
THE PUBLIC SERVICES
190. The Public Services of Ghana
191. Protection of Public Officers
192. Establishment of Public Corporations
193. Head of the Civil Service
194. The Public Services Commission
195. Appointments, etc. of Public Officers
196. Other Functions of the Public Services Commission
197. Regulations
198. Independence of Commission
199. Retiring Age and Pension
CHAPTER FIFTEEN
THE POLICE SERVICE
200. The Police Service
201. The Police Council
202. The Inspector-General of Police and Appointment of Members of Police service
203. Functions of the Police Council
204. Regional Police Committees
CHAPTER SIXTEEN
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 SEVENTEEN
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 EIGHTEEN
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 NINETEEN
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 Consolidated Fund
CHAPTER TWENTY
DECENTRALIZATION AND LOCAL GOVERNMENT
240. Local Government
241. Districts of Local Government
242. Composition of District Assembly
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 TWENTY-ONE
LANDS AND NATURAL RESOURCES
Public Lands
257. Public Lands and other Public Property
258. Lands Commission
259. Membership of Commission
260. Regional Lands Commission
261. Membership of Regional Lands Commission
262. Regional Lands Officer
263. Qualifications of Members
264. Tenure of Office of Members of Commission
265. Independence of Lands Commission
Ownership of Land by Non-Citizens
266. Ownership of Land by Non-Citizens
Stool and Skin Lands and Property
267. Stool and Skin Lands and Property
Protecting Natural Resources
268. Parliamentary Rectification of Agreements Relating to Natural Resources
269. Natural Resources Commissions
CHAPTER TWENTY-TWO
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 TWENTY-THREE
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 TWENTY-FOUR
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 TWENTY-FIVE
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 TWENTY-SIX
MISCELLANEOUS
293. Claims against Government
294. Legal Aid
295. Interpretation
296. Exercise of Discretionary Power
297. Implied Power, etc.
298. Residual Powers of Parliament
299. Transitional Provisions
THE CONSTITUTION
OF THE
REPUBLIC OF GHANA
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.
The Constitution
CHAPTER ONE
THE CONSTITUTION
1. (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) The 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. (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 of whom an order or direction is addressed under clause (20) of this article by the Supreme Court, shall duly obey and carry out the terms of the order or direction.
(4) 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 and shall, in the case of the President or the Vice-President, constitute a ground for removal from office under this Constitution.
(5) 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 fine; and
(b) not be eligible for election, or for appointment, to any public office for ten years beginning with the date of the expiration of the term of imprisonment.
3. (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 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.
(4) All citizens of Ghana shall have the right and duty at all times -
(a) to defend this Constitution, and in particular, to resist any prison 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, commit 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.