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Are you

Ghanaian?
KNOW YOUR CONSTITUTION
Easy-Reader with Notes and Questions

Golda Addo

Inside cover
(front)

CONTENT

Acknowledgement

CHAPTER 15 The Police Service

29

Preface

CHAPTER 16 The Prisons Service

30

CHAPTER 1 The Costituition

CHAPTER 17 The Armed Forces of Ghana

31

CHAPTER 2 Territories of Ghana

CHAPTER 18 Commission on Human Rights and

32

Administrative Justice (CHRAJ)

CHAPTER 3 Citizenship

CHAPTER 4 The Laws of Ghana

CHAPTER 19 The National Commission for Civic Education (NCCE)

34

CHAPTER 5 Fundamental Human Rights and Freedoms

10

CHAPTER 20 Decentralization and Local Government

35

CHAPTER 6 The Directive Principles of State Policy

13

CHAPTER 21 Lands and Natural Resources

38

CHAPTER 7 Representation of the People

14

CHAPTER 22 Chieftaincy

40

CHAPTER 8 The Executive

16

CHAPTER 9 The Council of State

18

CHAPTER 23 Commissions of Inquiry

42

CHAPTER 10 The Legislature

19

CHAPTER 24 Code of Conduct for Public Officers

43

CHAPTER 11 The Judiciary

21

CHAPTER 25 Amendments of the Constitution

44

CHAPTER 12 Freedom and Independence of the Media

23

CHAPTER 26 Miscellaneous

46

CHAPTER 13 Finance

25

FIRST SCHEDULE & SECOND SCHEDULE

47

CHAPTER 14 The Public Services

27

Acknowledgement
Deepest appreciation goes to STAR-Ghana* for supporting efforts such as
the #1SimpleStep Initiative, via which channel this publication has been
realized. Same goes to Ms. Efua Sintim, for working extensively with me on
this project, and to Professors H. Kwasi Prempeh and Gyimah-Boadi for the
legal expertise, human resource support, and the in-depth encouragement.
I stand very grateful.

*The contents of this publication are the sole responsibility of #1SimpleStep, and do not necessarily reflect the
views of STAR-Ghana or any of its donor partners.

Preface
This publication is not meant to replace the Constitution
of Ghana. It is meant to be an easy reader for young
persons, students, and persons of all ages who, for some
reason, have found the original document difficult to
read, in part or in entirety. We advise that all readers
refer as often as possible to the Constitution for all
aspects of this publication that they find unclear, or that
advises them to do so, or for further and better details of
anything that has been written here.

Furthermore, this publication is also a bank of questions,


recommendations, and ideas for a better constitution,
rule of law, democracy, and State. At the end of the
portions regarding the constitution, you will find
many interesting reads and graphics about some of
the thoughts and ideas we find relevant for achieving
these (better rule of law, democracy, country), and hope
that you will keep the conversation going, amongst
yourselves and with us.

BACKGROUND: This publication is part of the efforts of


#1SimpleStep to make Ghanaians more aware of the
Constitutional Reforms project (began in 2010, and still
pending), the findings that arose from the effort; the
thoughts and concerns it has led to (and they are of serious
concern), and what the way forward ought to be, for
country and for constitution.
Golda Addo. Accra. November 2014

True law is right reason in


agreement with nature; it is of
universal application, unchanging
and everlasting; it summons to duty
by its commands, and averts from
wrongdoing by its prohibitions.
Cicero

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.

CHAPTER

The Constitution

- 7 articles herein -

The sovereignty of Ghana resides in the people


Ghanaians. This means that government is only
exercising power on your behalf. They get this power
when you vote, because that is when you say, I am
handing over my power to you, so that you can take
decisions on my behalf, and also represent me.

The constitution yes, this very one is the highest


law of the land. Any other law that it comes across
becomes subordinate to it, when it comes to choosing
which one to obey. This constitution is what the courts
can use to punish you, imprison you, tell you what to
do, how to live, and many other things.

This chapter also talks about what to do when:


o You disagree with the law, or feel that the law has
hurt you or someone you care about
o You do something really bad and have to be
punished
o Parliament tries to replace this law with something
else; or you try to replace this law with something
else

CHAPTER

Territories of Ghana

- 2 articles herein -

Ghana is a republic that is ruled from one central point,


so that none of the ten regions can take decisions or laws
on their own, except very small ones, and even those
need approval or permission from the President and
Parliament and the Supreme Court (the three arms of
government). Our territory includes the land, the air, and
the sea around and above us. Nothing should happen
there without permission from the same three arms of
government.
The President has been given the power do what he sees
fit with our territories. For example, he can create a new
region or draw new boundaries or bring two or more
regions together to form one large region. He can decide
to talk to his advisors and his special Cabinet of experts
about it first, if he likes, but the final decision is his.

CHAPTER

Citizenship
- 5 articles herein -

There are many ways by which you are a citizen, or can


become a citizen of this country. This chapter tells you
about all the ways, so that if you are not sure, or you
have a friend you feel should become a citizen, you can
check in this chapter (inside the original constitution)
to see. It also tells you about how you can lose your
citizenship, if you do something wrong, or something
changes in your life.

This is very important because there are certain things


only a citizen can do in Ghana (and the same is true for
all other countries in the world), and it will be illegal to
do them if you are not a citizen. That is why passports
are so important. They show that you are really a citizen
of a certain country, and can therefore do certain things
without being punished.
A person can become a citizen in many ways:

By birth
By marriage
By adoption
By the Power of Parliament

CHAPTER

The Laws Of Ghana


- 1 article herein -

The laws of Ghana are made up of 5 different types:

This Constitution
Actions taken in/by Parliament that have now
become law (or a way of doing things)

The Common law (law that is customary and


traditional)

But all the last four laws bow down to the first one
the Constitution.

Orders, Rules, and Regulations made by someone


who has been given the power to do so by this
Constitution (like a Judge or Commissioner, etc)

Existing law (law that is written outside of the

constitution, and law that is practiced but is not


(yet) written anywhere)

CHAPTER

Fundamental Human Rights and Freedoms

- 22 articles herein -

Nobody in Ghana will go unpunished if they disrespect


the laws under this chapter not even the President or
the other two arms of government. Everybody within
the territory of the country, no matter their race, origin,
political opinion, religion, creed, gender must be accorded
their fundamental human rights and freedoms.
The chapter talks about:

Life and when/if it can be taken from a person.


The right to personal liberty and when it can be

10

denied (for example, for a crime committed, or


because one is not yet official adult age, or for unlawful
entry into the country), what they must be told as soon
as that freedom is taken from them, and what rights
they have left (for example, to go to court).
The issue of dignity, and the right to every person to
have their dignity un-violated, even when arrested.
The fact that nobody should be held in slavery or
servitude, or made to perform forced labour.
Right to own property (even government cannot just

come and demand your land or property just like that);


and right to privacy.
Right to a fair hearing and a fair trial if accused of a
crime.

One of this chapters most important statements is that


All persons shall be equal before the law. This means that
no matter your gender (male or female), your race, skin
colour, religion, ethnic origin, social status, or wealth, you
are as equal as the next person, and you should not treat
someone badly, nor allow yourself to be treated badly. Not
by any fellow citizen, or official, or even the three arms of
government. In fact, Parliament is supposed to pass all
necessary laws to make sure this is respected.
This chapter is where you also find all the details about
your:
Freedom of speech and expression (including that of
the press and media)
Freedom of thought, conscience and belief (including
academic freedom)
Freedom to practice any religion and to have a place

for it
Freedom to gather; and to take part in processions
and demonstrations
Freedom of association (including joining
trade unions and other international and national
associations)
Freedom of information
Freedom of movement around the country, and to
leave or enter (within the laws)

as well as details about your:

Rights to the property of a spouse (dead or alive)


Rights to work in safe and healthy conditions and to

receive equal pay for equal work without discrimination


or unfairness
Rights to rest, leisure, reasonable working hours and
paid holidays, as well as public holidays
Rights to equal educational opportunities and
facilities (free basic, access to secondary and tertiary,
functional literacy, development of schools with
adequate facilities); and right to establish private
schools at all levels, in accordance with laws and
conditions
Rights to enjoy, practice, maintain, promote any
culture, language, tradition, or religion as long as they
are within the law and do not dehumanize or injure

anyone
Rights to special care for expectant and newlydelivered mothers; facilities, systems, and laws to
take care of children; guarantee of equal training and
promotion for women and mothers
Protection (as a child) from dangerous work, forced/
child labour, inhuman treatment, etc.
Rights as a disabled person who to live with,
participation in society and activities, treatment by
others, access to buildings and facilities, protection
against exploitation, discrimination, and abuse
Rights to certain treatments when you are unable to
give your consent

This chapter ends with detailed information about the


Presidents Emergency Powers, and then the Protection of
Rights by the Court.

11

12

CHAPTER

The Directive Principles of State Policy

- 8 articles herein -

This chapter is where the guidelines for reading


(understanding and applying) the constitution can all be
found. These directives apply to everybody that the law
concerns. EVERYBODY. From the highest to the lowest in
office, in wealth, in social status, etc.
It talks about when the President must report to the
country (via Parliamentary address, often called State of the
Nation address) the progress he has made on annual and
presidential-term objectives. The chapter re-emphasizes
Ghanas dedication to:

Democracy, freedom and justice; sovereignty of the


people and the powers they give to government
The protection and safeguarding of independence,
unity, territorial integrity, and the well-being of citizens
The promotion and reasonable access by all citizens to
public facilities and services

Cultivate among all citizens the respect for Chapter


Five of the constitution
Actively promote the integration of all Ghanaians and
restrict discrimination and prejudice of all types
Here, you will find all the assurances given by the
State to ensure regional and gender balance, good
democracy, a continuation of all good projects started
by previous Presidents, as well as the eradication
of corruption and abuse of power, and political
intolerance. You will also find assurances of maximizing
the nations economic development (with a focus
also on living standards and welfare of the needy),
of developing agriculture and industry, of protecting
the national and natural environment, the seeking of
foreign investment, and the security and protection of a
social order founded on the ideals of freedom, equality,
justice, probity, and accountability.

13

CHAPTER

Representation of the People


- 15 articles herein Here, you will find all you need to know the about laws
regarding your right to vote, the Electoral Commission,
and Political Parties. To begin, you must know that once
you attain the age of eighteen (18), you have the right to
be registered as a voter, and to vote. Just make sure you
do not put anyone in doubt about the soundness of your
mind when going to register.

14

The Electoral Commission is the body in charge of all


voting processes and activities in the country, and they
are made up of seven (7) members, all appointed by the
President. How they are selected (qualifications needed),
their terms and conditions of service, the details of their
allowances, and how they exit the position, are all detailed
in this chapter. This Electoral Commission is in charge of
compiling and revising the voters register, demarcating
electoral boundaries in all elections, conducting and
supervising elections and referenda, educating people

on the electoral process, and other functions required of


them by law. The commission also has the power to create
new constituencies, declare results at polling stations,
and therefore the winner of all elections, including the
President, and many other capacities.
Political Parties are the final issue raised in this chapter,
and the constitution gives citizens the right to form any
political party, as well as to join any, both needing to
perform within the limits of the law of the country. Every
political party needs to supply the electoral commission
with a copy of its constitution and other relevant details,
also ensuring that it can meet certain terms and conditions
outlined. Finally, political parties are, by law, expected to
declare to the public, their revenues and assets as well as
the sources of these; publish to the public annually, their
audited assets, and only a citizen of Ghana can make a
contribution or donation to any party registered in Ghana.

15

CHAPTER

The Executive
- 31 articles herein -

There is no country without a head, and in this country


the Republic of Ghana there shall be a President, and
he will also automatically occupy the positions of Head of
State, Head of Government, and Commander-in-Chief of the
Armed Forces (of Ghana). Yes, all of these for the sake of
security.
The President takes precedence over all other persons in
Ghana, and presides over everything, although he must
swear to the oath of allegiance and the presidential oath
(seen in the Second Schedule (attachment) at the end of the
constitution) before taking office, to ensure he will remain
true to the people of the country.

16

The chapter goes on to give details about what can and


cannot be done to the President whiles he is in office, how
long (number of years) he is immune from any legal action;
how he can carry out the functions expected of him, and
with whom (subordinates/officers); when his name can
be used in backing actions and decisions; and how he
may carry out his movements and trips. It also talks about
how one may qualify to be a Presidential candidate, and

ultimately, a President; how many terms of office they


can have; what they can and cannot do once out of office
(All presidents are taken care of with national funds from
the time they leave office till death); what happens when
the President has to be taken out of office; all the people
and positions he has the power to appoint and to decide
their emoluments, and many other very interesting details
about that position.
This is followed by details about the office of the VicePresident, how it is filled by designation from the President;
when he/she should be selected, what oaths he/she will
take before entering office, and what role he/she will play
in the situation where the President passes away in an
untimely manner. The chapter also talks about how many
terms a Vice-President can serve, what the role is when the
President is absent from the country or unable to perform
his functions, and what procedure to follow in any of these
cases.
Should both the President and the Vice not be in the
country or unable to perform their functions, it is the
Speaker of Parliament who assumes office of the President,

and there also, there are procedures they must all follow.
The chapter ends with in-depth details about the formation
and role of the Council of State ( who advise the President
on matters of the state), the Cabinet of State (who assist
the President in the determination of general policy of
Government), the Ministers of State, the National Security
Council, the National Development Planning Commission,
and the Attorney-General. Now, since these are all
government positions (officially termed Public Offices),
they are all paid from the States coffers (the Consolidated
Fund and sometimes the Contingency Fund).

17

CHAPTER

The Council of State

- 4 articles herein The Council of State is a powerful group made up of


twenty-five (25)-members, who all counsel the President
on his work, the actions and decision to take, and other
high-level issues. Most of the time, the members of this
group are persons who have formerly held the position of
Chief Justice, Chief of Defense Staff of the Armed Forces
of Ghana, and Inspector-General of Police. There are also
people like the President of the National House of Chiefs,
representatives from each region of Ghana, and other
members (about eleven of them) that the President himself
can decide to choose and bring on board, for whatever
reason he so
chooses.

18

The Council, soon


as they are all
together, chooses
one person as
chairperson
(leader) then they
all take the oath of
secrecy and oath

of membership. They take directorship from the President


but are also mandated to take decisions independently. In
order to make decisions, there are very serious processes
that they have to follow, to avoid future problems that
might come with accusations, or investigations, or probes.
The Council meets for business at least four times a year,
and they also meet upon request by the President or
Parliament or by the request of not less than five of their
own members. They are free to hold meetings in camera
(always advisable), and may admit the public to any of their
meetings if they receive a request, and find it appropriate.
The Council always works by quorums and
timelines, and it may appoint at any time,
committees it feels necessary to carry out
any investigation they find necessary, as
well as the experts and consultants they
want assisting them.
The Council, their administrative expenses,
the works they commission, their salaries
and allowances are all paid for with funds
from the national coffers.

CHAPTER

10

The Legislature
- 32 articles herein -

Over here, we take a close look at one of our most powerful


institutions Parliament also known as the second arm
of government. This chapter looks at the composition of
Parliament, the Procedure of Parliament, their Summoning
and Dissolution, their Privileges and Immunities, Contempt
of their person or space, and the (Parliamentary) services
they (are supposed to) offer the country.
Parliament has the power to legislate. There shall always be
a Parliament of Ghana, and it shall consist of not less than
one hundred and forty (140) elected members.

Why the focus is on what


should not be the maximum,
instead of what should be the
maximum I do not know

The chapter also contains details about the minimum age


at which anyone can become a Member of Parliament
(MP), what the criteria for qualifying are (very important
to know); and the kinds of persons by whose occupations
they cannot stand for MP positions. It also tells us about
what happens when an MP is overly absent from sittings,
when he/she is expelled from Parliament, when he/she
decides to cross carpets politically, and what kind of career
they can maintain (because once an MP, one is prohibited
from holding other offices, and can only do so with
approval from the President).
Inside Parliament, there is also a Speaker, who is elected
by the MPs from among their own ranks. The Speaker is
like the Chairperson of Parliament, and the leader of all the
MPs. The position is supported by two Deputy Speakers,
also elected by their own members, but both being
from different political parties. The Speaker (and his/her
Deputies) take the oath of allegiance and the Speakers

19

Oath before taking office. He/She cannot simultaneously


hold an office of a Minister when appointed Speaker. To
remove him/her, all that the MPs have to do is vote (read
about how this is done) and have a majority of them saying
Yes to the Speakers removal, and it will happen.
Parliament always needs a one-third quorum to attend to
listed business of the day; there are committees for various
legislation and policies (including investigation and inquiry
into activities and administration of public entities) and
every MP must be in at least one of these committees.
These committees have the powers, rights and privileges
of High Court or a Justice of High Court at a trial. Matters
in Parliament are determined by voting/votes, sometimes
secret but always anonymous (i.e. no names are attached
to votes, and this is quite a big shame, and unfortunate).
It is important to note that the power of Parliament lies
in their ability to pass bills. How this works is all captured
in detail in this chapter, as well as what the limits to this
power are.

20
Did you know Parliament has
the right, by law, to regulate
professional, trade, and
business organisations?

When an MP passes away or is expelled, what happens?


In times of war and in the situation where an extension of
rule (governance) is needed, or the previous Parliament
is needed to carry on in a new term of governance, what
does Parliament have the right to do? Why do MPs get paid
gratuities (determined by the President) after their term
of office? For the answers to these, read the articles in this
chapter very carefully. The freedoms and immunities to
be enjoyed by MPs are extensively outlined, and are very
protecting of these statesmen and women even where
there is obvious wrong committed (against citizenry or
entities).
Parliament is supported by a service board and a clerk,
forming a very extensive network of persons all working
on getting a more effective and efficient government and
Parliament
.
All the MPs, as well as the Speakers and other workers of
Parliament are all paid from State coffers, and some of
the salaries even determined by the President and the
Emoluments Committee (which is set up by the President).

CHAPTER

The Judiciary

11

- 37 articles herein In this chapter, you will find many details concerning
your Judicial service and sector. From general issues, to
Supreme Court, High Court, Regional Tribunals, the Judicial
Council issues, even miscellaneous issues, you will get
them all here.
The first clause of this chapter is very impactful. It
says: Justice emanates from the people and shall be
administered in the name of the Republic by the Judiciary
which shall be independent and subject only to this
Constitution. It is very important to read through all the
details of this chapter in the original document. You will
benefit much from it. It also says that citizens have the
right to participate in the administration of justice, which
they can achieve by going through the procedures of
the institutions of public and customary tribunals and its
affiliate entities and services.
Judicial power is headed by the Chief Justice, and neither
the President nor Parliament or any agency or organ of

either party shall have or be given the final judicial power


[yet it is the President who appoints the Chief Justice and
other Justices, even if with some level of consultation].
The judiciary shall have jurisdiction in all civil and criminal
matters including ones relating to the Constitution; and
unless given the power to make proceedings private by

21

Constitution or other law, all court proceedings shall be


held publicly; and judgements, decrees, and orders shall
be enforced by these courts. The Judiciary is overseen
generally by a Judicial Council, whose composition and
functions are also outlined in detail in the same chapter (go
on and take a peek. You never know what you will find!].
The Judiciary also happens to be the third arm of
government (did you know?), and it is composed of:

The Superior Courts of Judicature the Supreme


Court, the Court of Appeal, and the High Court and
Regional Tribunals (all of which have their own levels of
power and levels of contempt).

Any lower courts and tribunals that Parliament may


establish.

22

A Chief Justice and not less than nine (9) other


Justices (of the Supreme Court), of which not less than
five (5) must be present for any court proceedings; they
are all selected on very high criteria.
It is subject only to the Constitution of this country, and
not to any person or authority. The Supreme Court is the

final court of appeal, and is not bound to the decision of


any other court, nor its own previous decisions. However,
all other courts are bound to all decisions taken in the
Supreme Court on questions of law. No interference with
the exercise of the judiciarys functions is accepted, and
all organs and agencies of the State are expected to work
to assist the courts to protect their independence, dignity,
and effectiveness. Meanwhile, the judiciary is bound by the
oaths of allegiance as well as that of the judiciary, which
they are made to take before occupying their offices.
How the various courts inter-relate and inter-act, how
many Justices may sit for a case, the kind of jurisdiction
they enjoy; the various retiring age-ranges set for the
Chairpersons and Justices of the various courts; what
processes apply when a Justice or Chair is to be removed,
or a petition has been made by a citizen for removal, are
all discussed in this chapter. The structure and functioning
processes of the other courts are also all detailed in this
chapter. The salaries, allowances, and retirement gratuities
of all these courts are determined by the Executive, and
funded by the State.

CHAPTER

Freedom and Independence of the Media

12

- 12 articles herein Freedom and independence are very important things


(principles and values), and when they apply to the media,
it is even more special since the Media is (unofficially) said
to be the fourth arm of government, and a very powerful
tool for rule of law, democracy, and ombudsmanship. Our
constitution, in this chapter, says that this freedom and
independence of the media are guaranteed.

In recent times, it seems many


mediahouses have come to
take these values for granted,
and have forgotten their
responsibility to democracy
and the citizens, focusing more
and more on money-making
ventures, rather than being the
ombudsmen they are supposed
to be.

The chapter states that subject to our constitution and


other national, continental, and international laws, there
shall be no censorship of the media [what does this mean?],
there shall be no impediments to the establishment of
private press or media, and there shall be no law requiring
any person to obtain a licence as a prerequisite to the
establishment or operation of a newspaper, journal or
other media for mass communication or information. [this
is serious food for thought].
Editors and publishers shall not be subject to control or
interference, nor harassment by Government. Mass media
shall always uphold the Constitution, as well as keep the
government accountable to the people. All mediahouses
shall respect the laws of rejoinders (read what this means
in the Constitution), and shall give fair coverage to
divergent views and dissenting opinions. In the exercise

23

of their rights and mandate, no media


entity or person shall trample over
the fundamental human rights and
freedoms of any other person or entity.

24

There is also a fifteen-member


National Media Commission that
has oversight of all media activity in
the country, although they are not
permitted to exercise control over the
professional functions of any person
producing papers or working for
media. Appointments and activities
of members and officers of this
Commission are done in consultation
with the Public Services Commission,
and they are all paid, and expenses
taken care of, by the State.

CHAPTER

13

Finance

- 16 articles herein Taxation the first issue raised in this chapter, and rightly
so. The countrys revenues are greatly composed of taxes.
Taxation is often imposed on citizens by Acts of Parliament,
and thereafter, can only be amended by parliamentary
approval. All funds raised by the State, received by the
State, meant for the State are contained in the state coffers,
called the Consolidated Fund. There are a few other state
funds in addition, designated for special purposes only,
such as the Contingency Fund and the Heritage Fund.
[Read up also about the Venture Capital Fund]. What the
funds may be used for, how they may be drawn, and when;
what reports are needed before and after the drawing of
funds (reading of annual budget by Finance Minister, and
report on annual spending by Auditor-General), are all
detailed in this chapter.
The President has the most power in getting funds moved
for disbursement, and Parliament can authorize national
expenditure as well as loan agreements needed by the
Government. Loans especially require Acts of Parliament
before they can be done (by Government).

The countrys public debt shall be charged on the


Consolidated Fund and other public funds. This debt is
defined as including interest on that debt, sinking fund
payments and redemption moneys in respect of that debt
and the costs, charges and expenses incidental to the
management of that debt.
The Bank of Ghana is the Central Bank of the country and
the only authority to issue our countrys currency. It is also:

Responsible for growing and maintaining the stability


of the currency, and regulating the system in order to
achieve economic progress for the country
The sole custodian of State funds, within and without
the country
To manage the economy and state resources via the
efficient operation of a banking and credit system in the
country
Controls the movement of all foreign exchange
It is headed by a Governor, who is appointed by the
President in consultation with Council of State.

25

Monitoring of receipts, payments, and transfers of the


Bank, inside and outside of Ghana are done by Parliament
(with the cooperation of the Bank), reported on by the
Auditor-General (by submissions made by the Bank), and
finally debated on by Parliament once again, and decision
taken or the matters concluded.
Apart from the Bank of Ghana, there are other very crucial
services serving the countrys financial interests and needs,
and they are:

The Statistical Service


The Auditor-General
The Audit Service

26

The Statistical Service is headed by a Government


Statistician and overseen by a six-member Statistical
Service Board, all of whom are appointed by the President.
They are responsible for the collection, compilation,
analysis, and publication of socio-economic data on Ghana,
as well as the manner in which these data may be kept, by
an person or authority in the country.
The Auditor-General is responsible for auditing and
reporting on the accounts of all public offices of
the country, including the courts, central and local

governments, the Universities and public institutions, and


any public corporation or body or organization established
by an Act of Parliament. He/she has access to all books,
records, returns, and other documents relating to or relevant
to those accounts. This office is responsible for reporting
to Parliament the activities of the financial year, drawing
attention to any irregularities. It is also mandated to disallow
untoward State expenditure, and to surcharge, all without
feeling subjected to the control or direction of any person
or authority. He/she takes an oath of office before taking
position, and the accounts of his/her office is audited and
reported on by an auditor appointed by Parliament.
The Audit Service is made up of a six-member board
(including the Auditor-General), all appointed by the
President. The officers of the Audit Service are in turn
appointed by the Board in consultation with the Public
Services Commission. All these
services and its heads and
officers are paid allowances,
salaries, administrative
expenses from the States
coffers.

CHAPTER

14

The Public Services


- 10 articles herein -

Ghanas Public Services are many, and are headed by


Governing Councils (one to each service sector), all of
them overseen by the Public Services Commission. The
sector also includes all of the countrys public corporations,
which are established only by Acts of Parliament. No public
service officer or head can be dismissed or removed from
office or reduced in rank until or otherwise punished until
and unless a just cause has been identified.

What does this mean, and


how does it impact the
attitudes of public officers
or the Civil Service?
The Public Service areas are as follows:
The Civil, Judicial, Audit, Education, Prisons,
Parliamentary, Health, Statistical, National Fire Services;
the Customs, Excise and Preventive service, the Internal
Revenue service, the Police service, the Immigration

service, and the Legal service.


Public corporations other than those set up as
commercial ventures
Such other public services as Parliament may prescribe
by law The Civil Service, until provision is made by

27

Parliament, shall comprise of service in both central and


local government.
The President is the one to appoint the Head of the Civil
Service, with advice from the Public Services Commission.
These commissioners are all disallowed from holding a
public (or private) office other than that of the commission.
They enjoy the same terms and conditions of service and
pay as the (Supreme) Court Justices.
The Public Service Commission has the powers, by
mandate of Parliament, to supervise and regulate,
examine, promote, recruit, appoint all officers and activities
within the public services, as well as the establishment
of standards and guidelines for terms and conditions of
employment in the same service sector. It even has the
power to make regulations, by constitutional instrument,
subject to approval by the President. The terms and
conditions of service of public officers are also discussed in
this chapter.

28

All allowances and salaries of these public services are


drawn from State coffers.

CHAPTER

The Police Service


- 5 articles herein -

There shall be a Police Service of Ghana, and no other


person or authority shall raise the same except under/by
the authority of an Act of Parliament. This chapter will not
be alright if it did not start with this emphasis. [smiley face]
The Police Service shall be equipped and maintained to
perform its role maintaining law and order. This service
shall be overseen by a Police Council, and headed by an
Inspector-General of Police (IGP), all (in the case of the
Police Council, most of them) appointed by the President.
The IGP is responsible for the operational control and
the administration of the Police Service; and the Police
Councils role is to advise the
President on matters of policy
relating to internal security,
including the role of the
Police Service, budgeting and
finance, administration, and the
promotion of officers above the
rank of Assistant Commissioner of
Police.

15

With prior approval from the President, the Police Council


is also equipped with the right to use constitutional
instruments to make regulations for the performance of
its functions under this Constitution or any other law, for
the effective and efficient administration of the Police
Service. These regulations include ranking and uniforms,
conditions of services relating to allowances, salaries and
other remuneration issues, authority levels of the service,
and so on.
There is a Regional Police Committee in each region of
the country, made up of the Regional Minister, senior
Police officers, District Assembly representatives, a
lawyer, a representative of the Attorney-General, and a
representative of the
Regional House of Chiefs.
These Committees advise
the Council on matters
pertaining to regional
administration. All
allowances and salaries of
these officials are drawn
from State coffers.

29

CHAPTER

The Prisons Service

16

- 5 articles herein -

There shall be a Prisons Service of Ghana, and also a


thirteen-member Prisons Service Council of Ghana. The
Prisons Service shall be headed by a Director-General,
appointed by the President, who shall be responsible for
the control and direction of the Prisons Service Council
as well as have operational control and administration of
the Prisons Service. The Council shall advise the President
on matters of policy relating to the organization and
maintenance of the prison system in Ghana, including
the role of the Service, prisons budgeting, finance,
administration issues, and promotion of officers above the
rank of Assistant Director of Prisons.

30

With prior approval from the President, the Council is


equipped with the right to use constitutional instruments
to make regulations for the performance of its functions
under this Constitution or any other law, for the effective
and efficient administration of the prisons and the Prisons
Service. These regulations include ranking and uniforms,
conditions of services relating to allowances, salaries
and other remuneration issues, authority levels of the
service, parole and periodic review of imprisoned and

legal custody persons, conditions under which people


may be imprisoned, making of reports of unjustified
cruel treatment of persons in prison and legal custody,
appointment and composition of welfare committees for
the imprisoned, the discharged, and the released, ready
access to lawyers by prisoners and persons in legal custody,
and measures for humane treatment, including provision
of literature and writing material for prisoners and persons
in legal custody.
There shall be a Regional Prisons Committee that will
advise the Council and Director-General on regional
matters relating to the administration of prisons and the
Service. All allowances and salaries of these public services
are drawn from State coffers.

CHAPTER

The Armed Forces of Ghana

17

- 6 articles herein There shall be an Armed Forces of Ghana, which shall


consist of the Army, the Navy, the Air Force, and other
services which Parliament shall deem necessary. Only
Parliament has the authority, via an Act, to raise an armed
force. The Armed Forces shall be equipped and maintained
to defend Ghana, as well as carry out other functions
deemed necessary for the development of the country
by the President. It is headed by the Chief of Defense
Staff, who shall be subject to the control and direction of
the Armed Forces Council on matters of policy, and shall
also be responsible for the administration, operation and
command of the Forces.
There shall also be an Armed Forces Council which shall
consist of Ghanas Vice-President (as chairman), the
Defence, Foreign Affairs, and Internal Affairs Ministers, the
Chief of Defense Staff, Service Chiefs, and other officers
and persons all of whom shall be appointed by the
President, in consultation with the Council of State. This
Council shall advise the President on matters of policy

relating to defence and strategy, including the role of the


Forces, military budgeting and finance, administration
and promotions. It can also, with prior approval of the
President, and by constitutional instrument, make
regulations for its performance or functions for the
effective and efficient administration of the Forces. All
allowances and salaries of these public services are drawn
from State coffers.

31

CHAPTER

Commission on Human Rights and


Administrative Justice (CHRAJ)
- 15 articles herein CHRAJ is made up of a Commissioner and two Deputy
Commissioners, all appointed by the President. The
functions of CHRAJ shall be defined and prescribed by an
Act of Parliament, and shall include the duty to:

Investigate complaints of violations of fundamental


human rights and freedoms, injustice, corruption, abuse
of power, and unfair treatment of any person by a public
officer while exercising his/her duties

32

Investigate complaints regarding the function of the


Public Services Commission, the administrative organs
of the State, the Armed Forces, the Police Service, and
the Prisons Services, unequal access to them, or unfair
administration

Investigate complaints concerning practices and


actions by persons, private enterprises, and other
institutions that allege violations of fundamental human
rights and freedoms

18

Take appropriate action to call for remedies,


corrections, and reversal of instances such as those
above-listed, via negotiation and compromise; reporting
offenders to higher authorities on behalf of the offended;
bringing proceedings to a competent Court for
termination of the offending action or the alteration of
the offending process; bringing proceedings to restrain
the enforcement of any law or regulation by challenging
its validity.

Investigate all
instances of corruption
and misappropriation
of public moneys
by officials and take
appropriate steps
required after findings,
especially with regard
to the Attorney-General
and the Auditor-General
Educate the public

about human rights and freedoms


Report annually to Parliament on the performance of
its functions
CHRAJ shall have the powers to:
Issue subpoenas for persons as well as documents
relevant to any investigation it undertakes
Cause persons who contempt a subpoena to be
prosecuted
Question any person in respect of any issue under
investigation by the commission
Require any person to disclose truthfully and frankly,
any information within his knowledge that will help an
ongoing investigation by the commission

regarding the manner and procedure for receiving


complaints and for investigating the same.

The criteria for a commissioner, the terms and conditions


of office, the procedure of replacement or resignation
or removal from office, the manner in which officers and
employees are recruited, and other relevant details are
captured in depth in the constitution. All administrative
expenses of the commission, as well as salaries, allowances,
and pensions for are drawn from the States coffers.

CHRAJ does not have the power to investigate a matter


pending before a court or judicial tribunal;
a matter involving governmental relations
to another government or international
organization; a matter relating to the exercise of
the prerogative of mercy. The commission shall
have the power to create regional and district
branches. It does have the power to bring before
any court in Ghana, any action necessary per
their role/mandate for the seeking of remedy. It
also has the power, via an Act of Parliament, and
by constitutional instrument, to make regulations

33

CHAPTER

The National Commission for


Civic Education (NCCE)

19

- 9 articles herein The NCCE is made up of a Chairperson, two Deputy chairs,


and four other members, all appointed by the President, on
the advice of the Council of State. All these shall be persons
who do not hold office in a political party. The NCCE shall
enjoy same terms and conditions, appointments, powers of
creation of branches, and laws as that of the CHRAJ.
The Commission shall also be free of the direction or
control of any person or authority in the performance of its
functions, which shall include the mandate to:

34

Create and sustain a society that is aware of the


principles and objectives of this Constitution (as the
fundamental law of the people of Ghana)
Educate and encourage the public to defend the
Constitution at all times
Formulate for the consideration of Government,
from time to time, national, regional, and district

programmes aimed at realizing the objectives of this


Constition
Formulate, implement and oversee programmes
intended to inculcate in the citizens of Ghana,
awareness of their civic responsibilities and an
appreciation of their rights and obligations as free
people

All administrative expenses of the commission, as well as


salaries, allowances, and pensions for are drawn from the
States coffers.

CHAPTER

Decentralization and Local Government

20

- 17 articles herein -

Ghana shall have a system of local government and


administration, which, as far as practicable, shall be
decentralized. Really? The aim of having a decentralized
government is to achieve the following:

Have functions, powers, responsibilities, and resources


transferred from Central Government to local government
units in a co-ordinated manner at all times
Enhance the capacity of local government authorities to
plan, initiate, co-ordinate, manage, and execute policies in
respect of all matters affecting the people of that locale
Establish sound financial foundation and adequate,
reliable sources of revenue for each local government unit
Effective control by local authorities over persons in
service of local government; and ensure the accountability
of local government authorities, as well as have existent
opportunities for people to participate effectively in their
governance

It is crucial for you to know that Parliament has the power


to redraw the boundaries of districts, or to reconstitute

35
districts; and a District Assembly is supposed to be the
highest political authority in the district, being mandated
to have deliberative, legislative, and executive powers.
Parliament also has the mandate to prescribe the functions

of District Assemblies, which include the formulation and


execution of plans, programmes, and strategies for the
effective mobilization of the resources necessary for the
overall development of the district; as well as the levying
and collection of taxes, rates, duties and fees. Elections to
District Assemblies shall be held every four years, at least
six months apart from Parliamentary elections; and officials
are termed for four years only albeit re-electable, and can
serve no more than two consecutive terms.

So they can serve more


than two terms if it is not
consecutive?
A District Assembly is composed of the Assembly Man/
Woman, who is elected by the district; MPs from the
constituencies that fall within the authority of the District
Assembly

36
What does this mean?

the District Chief Executive (DCE); and no more than thirty


percent of other members (appointed by the President in
consultation with traditional authorities and interest groups
of the district).
The DCE (for every district) is appointed by the President
with no less than two-thirds majority approval of members
of the Assembly
, and is the highest authority. He/
She presides at meetings of the Executive Committee, is
responsible for the daily performance of all functions of the
District Assembly, and is the chief representative of Central
Government in the district Red alert! Conflict of interest! . This
office shall become vacant if the DCE is removed from office
by the President; resigns or dies; or is voted out by twothirds of the Assembly.
The Assembly shall have a Presiding Member
For what role, when a DCE role co-exists? , elected by two-thirds
majority of the Assembly, who shall preside over Assembly
meetings, and perform other functions prescribed by law
; and whose term of office last only two years, albeit reelectable Unnecessary position .
District Assembly and local government candidates seeking
election shall always present themselves as an individual,
and one unaffiliated to any political party

Yet the Chief District Executive is appointed by the President?,

and no political party shall endorse, sponsor, offer


platforms or campaign for any such candidate. There shall
also be an Executive Committee which shall be responsible
for the performance of the District Assembly

So what is the DCE


there for?
as well as a fund called the District Assemblies Common
Fund When is this due?. How this fund will be managed,
grown, sustained, and administered are details
Disturbing ones that can be found on further reading.
There shall, besides the District Assemblies, also be
Regional Co-ordinating Councils in all regions, consisting
of the Regional Minister and deputy/ies, the Presiding
Member and DCE, two chiefs from the Regional House, and
the Regional heads of the decentralized ministries in the
region and the Regional Ministers shall the Chairpersons
of these Councils. There shall also be Ministers of State for
each region, and they shall represent the President in the
region, be responsible for the co-ordination and direction
of the administrative machinery in the region, and other

functions the President deems necessary.


The DCE is paid from State coffers, while the Presiding
Member and other Assembly members are paid out of the
Assemblys coffers

What is the reasoning


behind this?

All other administrative expenses of the commission, as


well as salaries, allowances, and pensions for are drawn
from the States coffers.

37

CHAPTER

Lands and Natural Resources


- 15 articles herein -

All public lands in the country shall be vested in the


President, on behalf of, and in trust for, the people of
Ghana. Now, immediately after this declaration comes
an extensive explanation of public lands, as well as other
crucial explanations, which you should make time to read
through.

38

Every mineral in its natural state, in, under, or upon any


land in Ghana, rivers, streams, water courses throughout
the country; the exclusive economic zone, and any
area covered by territorial sea or continental shelf is
the property of the Republic, and shall be vested in the
President, on behalf of and in trust for the people.

How transparently and


effectively, then, are
revenues accounted for?

21

There shall also be a Lands Commission, which in


coordination with the relevant public agencies and
governmental bodies, shall perform the following:
Manage public lands and any lands vested in the
President, on behalf of the Government
Advise government, local and traditional authorities on
policy, with the aim of relevant and requisite development
plans (of land); formulate and submit recommendations
on national policy concerning land use and culpability, to
government
Advise on, and assist in the execution of a comprehensive
programme for the registration of title to land throughout
Ghana

The Minister responsible for lands and natural resources,


with the approval of the President, may direct the
Commission on matters of policy, and the Commission
shall comply. The Commission shall be headed by a Chief
Administrator, who shall also be the Executive Secretary;
and it shall have a branch in each region of the country, to
be known as Regional Lands Commission. Details of the

payments shall be made


membership, criteria, functions and duties, terms and
conditions of service, duration of service, and other issues
are outlined in the original document (constitution).
No non-citizen can own land in Ghana. There is also
no freehold land ownership for anybody. All lands are
purchaseable on long or short lease, and are owned by the
local or government authorities.
All efforts and considerations shall be made to protect
the countrys natural resources, per the Constitution, via
Parliament.
All stool lands in the country shall vest in the appropriate
stool, on behalf of and in trust for the subjects of that stool,
in accordance with customary law. In line with this, an
Office of the Administrator of Stool Lands shall exist, and it
shall be responsible for:
Establishing a stool land account for each stool, into
which all rents, dues, royalties, revenues and other

...and administered
by who?

For collecting all such incomes and revenues


as above-listed, and to account for them to the
beneficiaries (see clause 6 of Article 267)
The disbursement of such revenues as follows:
- Ten percent to the Office of the Administrator of
Stool Lands to cover administrative expenses
- Twenty-five percent to the stool through the
traditional authority for the maintenance of the
stool, in keeping with its status
- Twenty percent to the traditional authority
- Fifty-five percent to the District Assembly, within
the area of authority in which the stool lands are.

The Administrator of Stool Lands, the Regional Lands


Commission are to consult with the stools and traditional
authorities in all matters, and to make available to
them, all relevant information and data. The Lands
Commission and the Administrator of Stool Lands are
to coordinate with all relevant public agencies and
traditional authorities and stools in the preparation of a
policy framework that leads to rational and productive
development and management of stool lands.

39

CHAPTER

22

Chieftaincy
- 8 articles herein National House of Chiefs.
Chief means a person, who, hailing from the appropriate
family and lineage, has been validly nominated, elected, or
selected and enstooled, enskinned, or installed as a chief or
queen mother in accordance with the relevant customary
law and usage.

40

The institution of chieftaincy, together with its traditional


council is one that the constitution seriously gurantees,
and Parliament shall have no law or authority to intrude,
intervene, nor interfere in its procedures, administration,
functions, and roles. The constitution, however, holds
provision for the determination or validity of a person
being identified as chief, in coordination with and respect
of the appropriate customary laws, traditional council,
Regional House of Chiefs, and other relevant bodies; as
well as the establishment and operation of a procedure
for the registration of chiefs and its public notification (of
chiefs and persons deemed to be chiefs) in the Gazette,
in coordination with the traditional council or Regional/

There shall be a National House of Chiefs, and it shall be


a composite of representatives from regions around the
country either paramount chiefs or divisional chiefs, or a
mix of the two. This House shall, among other functions:
Advise on and be responsible for any matter relating
to chieftaincy
The study, interpretation, and codification of
customary law for the purposes of compilation,
evolution, and unification of the system of rules, lines of
succession, and related issues
Evaluate traditional customs and usages for the
purpose of eliminating those ones that are outmoded
and/or socially harmful

The House shall also have appellate jurisdiction in any


matter affecting chieftaincy, via a five-member Judicial
Committee of the National House of Chiefs who is
assisted by a seasoned lawyer appointed by House on the
recommendation of the Attorney-General. The terms and

conditions of service, the procedures they follow, the rules,


their functions, and many other details are captured in the
original document (constitution).
There shall also be a Regional House of Chiefs whose
functions include:
Performing such functions as may be conferred on it
by an Act of Parliament
Advising any person or authority on matters relating
to chieftaincy in the region
Hearing and determining appeals from the
traditional councils in the region, with regards to
nomination, election, selection, installation, or
deposition of a person as chief

Having original jurisdiction in all matters relating


to a paramount stool or skin, or the occupant of same,
including the affiliated queen mother
Studying and recommending appropriate measures
and resolutions for chieftaincy disputes in the region
Compiling the customary laws and lines of
succession applicable to each stool or skin in the region
This House has appellate jurisdiction similar to that of the
National House of Chiefs, and similar legal support.

A person shall not be qualified as a chief if he has been


convicted of high treason, high crime, or an offence
involving security of the State, fraud, dishonesty, or moral
turpitude. He shall also not partake in active party politics
until and unless he abdicates his throne or skin. He may
however be appointed to any public office for which he is
qualified

41
What does this
mean?

CHAPTER

Commissions of Inquiry
- 6 articles herein By constitutional instrument, the President shall appoint
a commission of inquiry into any matter of public interest,
where:
He is satisfied that it should be appointed
The Council of State advises that it is for the good of
public interest
Parliament requests it, by resolution, for inquiry into
any matter specified by the resolution as being a matter
of public importance
These commissions may function under sole
commissionership or under two or more commissioners,
in which case, one of them will be selected as chairperson.
Strict criteria apply for selection to these positions, and
details can be found upon further reading.

42

The Commission of inquiry shall have the powers, rights,


and privileges of the High Court or a Justice of the High
Court at a trial, for enforcing the attendance of witnesses
and examining them on oath, affirmation or otherwise;
compelling the production of documents; issuing of a

23

commission or a request to examine witnesses abroad.


The commissioners shall all be exempt from any action or
suit in respect of any matter or thing done by him in the
performance of his function as a commissioner or member.
The commission shall always make full, faithful, and
impartial inquiry into any matter they are appointed to;
report in writing the results of the inquiry and present
a final report on conclusions, and reasons for those
conclusions. What happens to persons adversely affected
or incriminated by the findings of the commission, their
rights and freedoms; the procedure for the publishing
of findings of the report, what must be done if the
President decides that a report must not be published;
the immunities and privileges of witnesses who come
before the commission; the level of authority of reports
produced and their impact are all detailed in-depth in the
constitution.
The Rules of Court Committee (Article 157) shall regulate
the practice and procedure of all commissions of inquiry
and appeals from same.

CHAPTER

Code of Conduct for Public Officers

24

- 5 articles herein A public officer is any person who holds a public office.
No public officer shall put him/herself in a position where
conflict of interest is likely to affect his/her performance.
No person shall be appointed as Chair of the governing
body of a public corporation or authority in which he
works; he/she will have to vacate their position first.
Public officers shall submit to the Auditor-General, a
written declaration of all property or assets owned, as
well as liabilities, direct and indirect, before taking office,
at the end of every four years, and at the end of his/her
term of office. Failure to do so, or knowingly making a false
declaration shall be a contravention of this Constitution,
and shall be dealt with according to article 287.

Very weak end to a strong


statement. Deeply inadequate!
Public officers shall also take the oath of allegiance, of
secrecy, and other oaths appropriate to the office in
question, before it is occupied.

Article 287: Allegations against public


offers about contravention or noncompliance with this chapter, shall be
made to CHRAJ, and then from CHRAJ
to the Chief Justice, who shall, unless
the person concerned makes a written
admission of the contravention or noncompliance, cause the matter to be
investigated. The CHRAJ Commissioner
or the Chief Justice may also take such
action as he considers appropriate,
in respect of the results of the
investigation or the admission.

43

CHAPTER

Amendments of the Constitution


- 4 articles herein Subject to the provisions of this Constitution, Parliament
may, by an Act of Parliament, amend any provision of this
Constitution; and this amendment shall not occur unless:
The sole purpose of the Act is to amend this
Constitution; and
The Act has been passed in accordance with this
Chapter.

44

This article applies to the amendment of the following


provisions of this Constitution, which are, in this
Constitution referred to as entrenched provisions:
a. The Constitution articles 1,2 and 3
b. The Territories of Ghana articles 4 and 5
c. The Laws of Ghana article 11
d. Fundamental Human Rights and Freedoms
Chapter 5
e. Representation of the People articles 42, 43, 46, 49,
55 and 56
f. The Executive Chapter 8
g. The Legislature articles 93 and 106

25

h. The Judiciary articles 125, 127, 129, 145, and 146


i. Freedom and Independence of the Media article 162,
clauses (1) to (5)
j. Finance articles 174 and 187
k. Police Service article 200
l. The Armed Forces of Ghana article 210
m. Commission on Human Rights and Administrative
Justice articles 216 and 225
n. National Commission for Civic Education article 231
Decentralization and Local Government articles 240
and 252
p. Chieftaincy article 270
q. Code of Conduct for Public Officers article 286
r. Amendment of the Constitution Chapter 25
s. Miscellaneous articles 293 and 299

A bill for the amendment of an entrenched provision shall,


before Parliament proceeds to consider it, be referred by
the Speaker to the Council of State for its advice and the
Council of State shall render advice on the bill within thirty
days after receiving it.

Where does this bill for


amendment come from? Who has
the authority to bring it before
Parliament?
Important to note: The bill shall then be published in
the Gazette but shall not be introduced into Parliament
until the expiry of six months after the publication in the
Gazette under this clause. After the bill has been read
the first time in Parliament it shall not be proceeded with
further unless it has been submitted to a referendum
held throughout Ghana and at least forty percent of the
persons entitled to vote, voted at the referendum and at
least seventy-five percent of the persons who voted cast
their votes in favour of the passing of the bill. Where the
bill is approved at the referendum, Parliament shall pass it.
Where a bill for the amendment of an entrenched provision
has been passed by Parliament in accordance with this
article, the President shall assent to it.
A bill to amend a provision of this Constitution which is
not an entrenched provision shall not be introduced into
Parliament unless:
It has been published twice in the Gazette with the
second publication being made at least three months
after the first

At least ten days have passed after the second


publication
The Speaker shall, after the first reading of the bill
in Parliament, refer it to the Council of State for
consideration and advice and the Council of State
shall render advice on the bill within thirty days after
receiving it. Where Parliament approves the bill, it may
only be presented to the President for this assent if it
was approved at the second and third readings of it in
Parliament by the votes of at least two thirds of all the
members of Parliament. Where the bill has been passed
in accordance with this article, the President shall assent
to it.
A bill for the amendment of this Constitution which has
been passed in accordance with this Constitution, shall
be assented to by the President only if:
It is accompanied by a certificate from the Speaker
that the provisions of this Constitution have been
complied with in relation to it
In the case of a bill to amend an entrenched
provision, it is accompanied by a certificate from the
Electoral Commission, signed by the Chairman of the
Commission and bearing the seal of the Commission,
that the bill was approved at a referendum in
accordance with this Chapter.

45

CHAPTER

Miscellaneous

26

- 7 articles herein -

This chapter looks at giving more definition and meaning


to various terms, phrases, clauses, and articles found in the
previous twentyfive chapters, so that they can be better
understood, and therefore, better applied.

46

The first article is lengthy, and talks about how legal


proceedings or action against the Government by an
individual, can go like looking at various perspectives.
The second article looks at clarifying what various terms
stand for, and is also very lengthy and detailed. The same
article also explains what reference to public offices as
opposed to public officers can mean, and also affirms the
immunity of the Justice of the Superior Court of Judicature
and the Auditor-General from retirement interference;
affirms the rules of retirement for public officers, the levels
of authority with which public offices can be run, and a few
other crucial details.

The chapter also looks at the range of inclusion that comes


along with orders, directives, references to public offices and
officers, so that if one office(r) is given a directive, one can
know how far up and down the office ladder that directive
applies and/or binds.
The chapter ends by stating that there exists a provision that
empowers and mandates Parliament to create provisions
for dealing with matters, arising from the constitution or
otherwise, via their Acts of Parliament.

First Schedule & Second Schedule


The First Schedule talks about the transitional provisions.
These provisions are meant to bridge over certain pertinent
provisions that ruled the day in the previous administration
(which was a military one), and help transition them into
the present democracy. These transitional provisions are
structured in four parts:
Part I First President
Part II First Parliament
Part III The Judiciary
Part IV Miscellaneous
They cover questions regarding the relevance and validity
of persons, authorities, properties, assets, and positions
held before the coming into force of this constitution, and
made way for them to be sustained through the transition
and into the new republic, whilst making provision
for additional measures, authorities, offices, as well as
replacements of previous ones.

This schedule also clarifies the titles of certain public


office(r)s, modifies the titles in keeping with times and
international standards; makes room for powers of
Parliament, provisions via Acts of Parliament as well as

referenda, immunities to be enjoyed by the previous


military regime that held power, responsibilities of the
(new) President for the completion of the new constitution
once he was (democratically) in office, and other matters
intended to keep the peace and rule of law.
The Second Schedule contains:
Oath of Allegiance
The Presidential Oath
The Oath of the Vice-President
The Judicial Oath
The Oath of Member of Council of State
The Cabinet Oath
The Oath of Minister of State
The Oath of Secrecy
The Official Oath
The Speakers Oath
The Oath of Member of Parliament
The Oath of the Auditor-General
In order that all may be aware of and familiar with them.

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Inside cover
(Back)

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