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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

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.

JUDGMENT