FRANCIS OSEI-BONSU v. ATTORNEY GENERAL
2024
SUPREME COURT
GHANA
CORAM
- SACKEY TORKORNOO (MRS.) CJ
- (PRESIDING)
- PWAMANG JSC
- OWUSU (MS.) JSC
- KULENDI JSC
- ACKAH-YENSU (MS.) JSC
- KOOMSON JSC
- GAEWU JSC
Areas of Law
- Constitutional Law
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff filed an original jurisdiction action challenging the constitutionality of specific provisions in the Citizenship Act, 2000 (Act 591), arguing that they indirectly amend the Constitution by adding new offices dual citizens cannot hold. The Attorney General supported this view. The Supreme Court examined whether the Act's provisions effectively amended the Constitution without following Article 289's procedures. The Court held that sections 16(2)(a) and 16(2)(h)-(l) of Act 591 are unconstitutional. Concurrence from Chief Justice Torkornoo acknowledged Parliament's authority to expand the list of prohibited offices but emphasized the necessity of constitutional adherence. Justice Pwamang dissented, arguing the case lacked a genuine constitutional controversy.
KULENDI JSC:
1. The Plaintiff, a legal practitioner and a citizen of Ghana, on the 10th
of July, 2023 invoked our original jurisdiction pursuant to Article 2(1)
of the Constitution praying for the following reliefs:
i. A Declaration that Section 16(2)(a) of the Citizenship Act, 2000
(Act 591), is null and void on account of having been passed in a
manner that is inconsistent with and in contravention of Article
289(2) of the 1992 Constitution.
ii. A Declaration that Section 16(2)(h)-(l) of the Citizenship Act, 2000
(Act 591), are null and void on account of having been passed in a
manner that is inconsistent with and in contravention of Article
289(2) of the 1992 Constitution.
iii. An Order striking down Section 16(2)(a) and (h)-(l) of the Citizenship
Act, as being unconstitutional.
iv. Any further Orders and/or Directions as the Court may deem fit.
2. In a statement of case filed on the 12th of July, 2023, the Plaintiff
argues that the original formulation in the Constitution rendered the
holding of dual citizenship by individuals 21 years and older,
unconstitutional unless the said status was procured by reason of
marriage.
The said provision, which was captured under Article 8 provided as
follows:
“(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, acquired 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 and 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