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. 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.
1. A person who alleges that -
1. an enactment or anything contained in or done, under the authority of that or any other enactment; or
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. A person convicted of a high crime under clause (4) of this article shall-
1. be liable to imprisonment not exceeding ten years without the option of a fine; and
2. 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.
8.
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 suppress or seeks to suppress the lawful political activity of any person or any class of persons, or persons generally is unlawful.
3. Any person who-
1. 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
2. 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-
1. 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
2. to do all in their power to restore this Constitution after it has been suspended, overthrown, or abrogated as referred to in clause (3) of this article.
5. Any person or group of persons who suppresses or resists the suspension, overthrow or abrogation of this Constitution as referred to in clause (3) of this article, commits no offence.
6. Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be taken to be void from the time it was imposed and he shall, from that time, be taken to be absolved from all liabilities arising out of the punishment.
7. The Supreme Court shall, on application by or on behalf of a person who has suffered any punishment or loss to which clause (6) of this article relates, award him adequate compensation, which shall be charged on the Consolidated Fund, in respect of any suffering or loss incurred as a result of he punishment.
Territories of Ghana
4.
1. The sovereign State of Ghana is a unitary republic consisting of those territories comprised in the regions which, immediately before the coming into force of this Constitution, existed in Ghana including the territorial sea and the air space.
2. Parliament may by law provide for the delimitation of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf of Ghana.
5.
1. Subject to the provisions of this article, the President may by constitutional instrument Â
1. create a new region;
2. alter the boundaries of a region; or
3. 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 -
1. the creation of a new region
2. the alteration of the boundaries of a region, whether or not the alteration involves the creation of a new region;or
3. 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.political activity of any person or any class of persons, or persons generally is unlawful.
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 per cent of the persons entitled to vote at the referendum in each such region voted in favour of the merger of the two or more region; and according, 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.
Citizenship
6.
1. every person who, on the coming into force of this Constitution, is a citizen of Ghana by the 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 citizen of Ghana.
3. A child of not more than seven years of age found in Ghana whose parents are not known shall be presumed to be a citizen of Ghana by birth
4. A child of not more than sixteen years of age neither of whose parents is a citizen of Ghana who is adopted by a citizen of Ghana shall, by virtue of the adoption, be a citizen of Ghana.
7.
1. A woman married to a man 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. Clauses (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 any application by a man for registration under clause (1) of this article, it appears to the authority responsible for the registration that a marriage has been entered into primarily with a view to obtaining the registration, the authority may request the applicant to satisfy him that the marriage was entered into in good faith; and the authority may only effect the registration upon being so satisfied.
6. In the case of a man seeking registration, clause (1) of this article applies only if the applicant permanently resides in Ghana.
8.
1. Subject to this article, a citizen of Ghana shall cease forthwith to be a citizen of Ghana if, on attaining the age of twenty-one years, he, by a voluntary act, other than marriage, acquires or retains the citizenship of a country other than Ghana.
2. A person who becomes a citizen of Ghana by registration and immediately after the day on which he becomes a citizen of Ghana is also a citizen of some other country, shall cease to be a citizen of Ghana unless he has renounced his citizenship of that other country, taken the oath of allegiance specified in the second schedule to this Constitution and made an registered such declaration of his intentions concerning residence as may be prescribed by law, or unless he has obtained an extension of time for taking those steps and the extended period has not expired.
3. A Ghanaian citizen who loses his Ghanaian citizenship as a result of the acquisition or possession of the citizenship of a country other than Ghana shall, on the renunciation of his citizenship of that other country, become a citizen of Ghana.
4. Where the law of a country, other than Ghana, 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 of Ghana by virtue of that marriage shall, on the dissolution of that marriage, if he thereby loses his citizenship acquired by that marriage, become a citizen of Ghana.
9.
1. 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.
2. Except as otherwise provided in article & 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.
3. 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-
1. that the activities of that person are inimical to the security of the State or prejudicial to public morality or the public interest; or
2. that the citizenship was acquired by fraud, misrepresentation or any other improper or irregular practice.
4. 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.
5. Parliament may make provision for the renunciation by any person of his citizenship of Ghana.
10.
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 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 coming into force of this Constitution shall be deemed to be his or her citizenship at the time of his or her death.
11.
1. The laws of Ghana shall comprise-
1. this Constitution;
2. enactment made by or under the authority of the Parliament established by this Constitution;
3. any Orders, Rules and Regulations made by any person or authority under a power conferred by this Constitutions;
4. the existing law; and
5. 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 to be 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-
1. be laid before Parliament;
2. be published in the Gazette on the day it is laid before Parliament; and
3. 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.
The Directive Principles of State Policy
34.
1. The Directive Principles of State Policy contained in this Chapter shall guide all citizens, Parliament, the President, the Judiciary, the Council of State, the Cabinet, political parties and other bodies and persons in applying or interpreting this Constitution or any other law and in taking and implementing any policy decisions, for the establishment of a just and free society.
2. The President shall report to Parliament at least once a year all the steps taken to ensure the realization of the policy objectives contained in this Chapter and, in particular, the realization of basic human rights, a healthy economy, the right to work, the right to good health care and the right to education.
35.
1. Ghana shall be a democratic state dedicated to the realization of freedom and justice; and accordingly, sovereignty resides in the people of Ghana from whom Government derives all its powers and authority through this Constitution.
2. The State shall protect and safeguard the independence, unity and territorial integrity of Ghana, and shall seek the well-being of all her citizens.
3. The State shall promote just and reasonable access by all citizens to public facilities and services in accordance with law.
4. The State shall cultivate among all Ghanaians respect for fundamental human rights and freedoms and the dignity of the human person.
5. The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
6. Towards the achievement of the objectives stated in clause (5) of this article, the State shall take appropriate measures to -
1. foster a spirit of loyalty to Ghana that overrides sectional, ethnic and other loyalties;
2. achieve reasonable regional and gender balance in recruitment and appointment to public offices;
3. provide adequate facilities for, and encourage, free mobility of people, goods and services throughout Ghana;
4. make democracy a reality by decentralizing the administrative and financial machinery of government to the regions and districts and by affording all possible opportunities to the people to participate in decision-making at every level in national life and in government; and
5. ensure that whenever practicable, the headquarters of a Government or public institution offering any service is situated in an area within any region, taking into account the resources and potentials of the region and the area.
7. As far as practicable, a government shall continue and execute projects and programmes commenced by the previous Governments.
8. The State shall take steps to eradicate corrupt practices and the abuse of power.
9. The state shall promote among the people of Ghana the culture of political tolerance.
36.
1. The State shall take all necessary action to ensure that the national economy is managed in such a manner as to maximize the rate of economic development and to secure the maximum welfare, freedom and happiness of every person in Ghana and to provide adequate means of livelihood and suitable employment and public assistance to the needy.
2. The State shall, in particular, take all necessary steps to establish a sound and healthy economy whose underlying principles shall include -
1. the guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity;
2. affording ample opportunity for individual initiative and creativity in economic activities and fostering an enabling environment for a pronounced role of the private sector in the economy;
3. ensuring that individuals and the private sector bear their fair share of social and national responsibilities including responsibilities to contribute to the overall development of the country;
4. undertaking even and balanced development of all regions and every part of each region of Ghana, and, in particular, improving the conditions of life in the rural areas, and generally, redressing any imbalance in development between the rural and the urban areas;
5. the recognition that the most secure democracy is the one that assures the basic necessities of life for its people as a fundamental duty.
3. The State shall take appropriate measures to promote the development of agriculture and industry.
4. Foreign investment shall be encouraged within Ghana, subject to any law for the time being in force regulating investment in Ghana.
5. For the purposes of the foregoing clauses of this article, within two years after assuming office, the President shall present to Parliament a co-ordinated programme of economic and social development policies, including agricultural and industrial programmes at all levels and in all the regions of Ghana.
6. The State shall afford equality of economic opportunity to all citizens; and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of the economic development of Ghana.
7. The State shall guarantee the ownership of property and the right of inheritance.
8. The State shall recognise that ownership and possession of land carry a social obligation to serve the larger community and, in particular, the State shall recognise that the managers of public, stool, skin and family lands are fiduciaries charged with the obligation to discharge their functions for the benefit respectively of the people of Ghana, of the stool, skin, or family concerned and are accountable as fiduciaries in this regard.
9. The State shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for mankind.
10. The State shall safeguard the health, safety and welfare of all persons in employment, and shall establish the basis for the full deployment of the creative potential of all Ghanaians.
11. The State shall encourage the participation of workers in the decision-making process at the work place.
37.
1. The State shall endeavour to secure and protect a social order founded on the ideals and principles of freedom, equality, justice, probity and accountability as enshrined in Chapter 5 of this Constitution; and in particular, the State shall direct its policy towards ensuring that every citizen has equality of rights, obligations and opportunities before the law.
2. The State shall enact appropriate laws to ensure -
1. the enjoyment of rights of effective participation in development processes including rights of people to form their own associations free from state interference and to use them to promote and protect their interests in relation to development processes, rights of access to agencies and officials of the State necessary in order to realise effective participation in development processes; freedom to form organizations to engage in self-help and income generating projects; and freedom to raise funds to support those activities;
2. the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and other vulnerable groups in development processes.
3. In the discharge of the obligations stated in clause (2) of this article, the State shall be guided by international human rights instruments which recognize and apply particular categories of basic human rights to development processes.
4. The State shall maintain a population policy consistent with the aspirations and development needs and objectives of Ghana.
5. The State shall ensure that adequate facilities for sports are provided throughout Ghana and that sports are promoted as a means of fostering national integration, health and self-discipline as well as international friendship and understanding.
6. The State shall -
1. ensure that contributory schemes are instituted and maintained that will guarantee economic security for self-employed and other citizens of Ghana, and
2. provide social assistance to the aged such as will enable them to maintain a decent standard of living.
38.
1. The State shall provide educational facilities at all levels and in all the Regions of Ghana, and shall, to the greatest extent feasible, make those facilities available to all citizens.
2. The Government shall, within two years after Parliament first meets after the coming into force of this Constitution, draw up a programme for implementation within the following ten years, for the provision of free, compulsory and universal basic education.
3. The State shall, subject to the availability of resources provide -
1. equal and balanced access to secondary and other appropriate pre-university education, equal access to university or equivalent education, with emphasis on science and technology;
2. a free adult literacy programme, and a free vocational training, rehabilitation and resettlement of disabled persons; and
3. life-long education.
39.
1. Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.
2. The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person of the person are abolished.
3. The State shall foster the development of Ghanaian languages and pride in Ghanaian culture.
4. The State shall endeavour to preserve and protect places of historical interest and artifacts.
40.
1. In its dealings with other nations, the Government shall
1. promote and protect the interests of Ghana;
2. seek the establishment of a just and equitable international economic and social order;
3. promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means;
4. adhere to the principles enshrined in or as the case may be, the aims and ideals of-
1. the Charter of the United Nations;
2. the Charter of the Organisation of African Unity;
3. the Commonwealth;
4. the Treaty of the Economic Community of West African States; and
5. any other international organisation of which Ghana is a member.
41. The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen -
1. to promote the prestige and good name of Ghana and respect the symbols of the nation;
2. to uphold and defend this Constitution and the law;
3. to foster national unity and live in harmony with others;
4. to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons;
5. to work conscientiously in his lawfully chosen occupation;
6. to protect and preserve public property and expose and combat misuse and waste of public funds and property;
7. to contribute to the well-being of the community where that citizen lives;
8. to defend Ghana and render national service when necessary;
9. to co-operate with lawful agencies in the maintenance of law and order;
10. to declare his income honestly to the appropriate and lawful agencies and to satisfy all tax obligations; and
11. to protect and safeguard the environment.