GH - SHALABI AND ANOTHER v. THE ATTORNEY-GENERAL

JUDGMENT OF HAYFRON-BENJAMIN J.

The plaintiffs are partners in the firm of Messrs. Shalabi Transport Service, Accra, registered under the Incorporated Private Partnerships Act, 1962 (Act 152), registered No. P. 208. The first plaintiff was born in the then Gold Coast on 30 September 1933 and the second plaintiff on 13 September 1935. Their parents were Lebanese. By reason of their birth in the Gold Coast, the plaintiffs were British subjects. The foregoing facts are admitted by the defence.

The plaintiffs go on and aver in their statements of claim that they were holders of British passports and gave the numbers of their passports. They held their passports until the Ghana Nationality Decree, 1967 (N.L.C.D. 191), was made, when they renounced their British nationality and applied for and obtained Ghanaian passports on 30 September 1968 and 24 October 1968 respectively. With the passage of the Ghanaian Business (Promotion) Act, 1970 (Act 334), which seeks to restrict the activities of aliens in certain sectors of the economy, the plaintiffs instructed their solicitors in view of the provisions of Ghana Nationality (Amendment) Decree, 1969 (N.L.C.D. 333), to seek a confirmation from the authorities that they were Ghanaians and free to carry on their transport business without hindrance. Their solicitors were told that the authorities hold the view that the plaintiffs are neither Ghanaian nor British citizens, but Lebanese. They therefore took out a writ for a declaration that they are Ghanaian citizens and as such entitled to carry on running their transport firm without let or hindrance.

The only serious defence put forward by the defence is found in paragraph (5) of the statement of defence, which states that "The defendant hereby maintains that the Decree 333 affected those who had acquired citizenship under Decree 191." The only issue set down for trial on the summons for directions was whether or not the amendment of N.L.C.D. 191 by N.L.C.D. 333 does affect or is intended to affect those who had already acquired citizenship under the Decree No. 191.

The whole case therefore turns upon the effect of N.L.C.D. 333.

[p.262]

This decree provides that:

"1. The Ghana Nationality Decree, 1967 (N.L.C.D. 191) is hereby amended by the substitution for paragraph 1 thereof, of the following paragraph:

1. A person born in Ghana is a citizen of Ghana by birth if-

(a) having been born in Ghana before the date of commencement of the Ghana Independence Act, 1