ghana's constitution: easy-reader coffeetable book

8/10/2019 Ghana's Constitution: Easy-Reader Coffeetable Book

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Golda Addo

Easy-Reader with Notes and Questions


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Inside cover

(front)


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Acknowledgement 3

Preface 4

CHAPTER 1 The Costituition 6

CHAPTER 2 Territories of Ghana 7

CHAPTER 3 Citizenship 8

CHAPTER 4 The Laws of Ghana 9

CHAPTER 5 Fundamental Human Rights and Freedoms 10

CHAPTER 6 The Directive Principles of State Policy 13

CHAPTER 7 Representation of the People 14

CHAPTER 8 The Executive 16

CHAPTER 9 The Council of State 18

CHAPTER 10 The Legislature 19

CHAPTER 11 The Judiciary 21

CHAPTER 12 Freedom and Independence of the Media 23

CHAPTER 13 Finance 25

CHAPTER 14 The Public Services 27

CHAPTER 15 The Police Service 29

CHAPTER 16 The Prisons Service 30

CHAPTER 17 The Armed Forces of Ghana 31

CHAPTER 18 Commission on Human Rights and 32

Administrative Justice (CHRAJ)

CHAPTER 19 The National Commission for Civic Education (NCCE) 34

CHAPTER 20 Decentralization and Local Government 35

CHAPTER 21 Lands and Natural Resources 38

CHAPTER 22 Chieftaincy 40

CHAPTER 23 Commissions of Inquiry 42

CHAPTER 24 Code of Conduct for Public Officers 43

CHAPTER 25 Amendments of the Constitution44

CHAPTER 26 Miscellaneous 46

FIRST SCHEDULE & SECOND SCHEDULE 47

CONTENT

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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 theviews of STAR-Ghana or any of its donor partners.

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4

PrefaceThis 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 ofanything 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 hopethat 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, unchangingand everlasting; it summons to duty

by its commands, and averts from

wrongdoing by its prohibitions.

Cicero


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5

IN THE NAME OF THE ALMIGHTY GODWe the people of Ghana,IN EXERCISEof ournatural 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 SPIRITof friendship and peace with all

peoples of the world;

AND IN SOLEMNdeclaration and affi rmation ofour commitment to;

Freedom, Justice, Probity and Accountability;

The Principle that all powers of Government springfrom 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 Stabilityfor our Nation;

DO HEREBY ADOPT, ENACT, AND

GIVE TO OURSELVES THIS

CONSTITUTION.

The Constitutionof The Republic of Ghana


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The Constitution- 7 articles herein -The sovereignty of Ghana resides in the people Ghanaians. This means that government is onlyexercising power on your behalf. They get this powerwhen 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 highestlaw of the land. Any other law that it comes acrossbecomes subordinate to it, when it comes to choosingwhich one to obey. This constitution is what the courtscan use to punish you, imprison you, tell you what todo, 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 hashurt you or someone you care about

o You do something really bad and have to bepunished

o Parliament tries to replace this law with somethingelse; or you try to replace this law with somethingelse

CHAPTER

1


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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 lawson their own, except very small ones, and even thoseneed approval or permission from the President and

Parliament and the Supreme Court (the three arms ofgovernment). Our territory includes the land, the air, andthe sea around and above us. Nothing should happenthere without permission from the same three arms ofgovernment.

The President has been given the power do what he seesfit with our territories. For example, he can create a new

region or draw new boundaries or bring two or moreregions together to form one large region. He can decideto talk to his advisors and his special Cabinet of expertsabout it first, if he likes, but the final decision is his.

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CHAPTER

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Citizenship

8

- 5 articles herein -

CHAPTER

3

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 citizenof a certain country, and can therefore do certain things

without being punished.

A person can become a citizen in many ways:

By birthBy marriageBy adoptionBy the Power of Parliament


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- 1 article herein -

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

This Constitution

Actions taken in/by Parliament that have nowbecome law (or a way of doing things)

Orders, Rules, and Regulations made by someonewho has been given the power to do so by thisConstitution (like a Judge or Commissioner, etc)

Existing law (law that is written outside of theconstitution, and law that is practiced but is not(yet) written anywhere)

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The Laws Of GhanaThe Common law (law that is customary andtraditional)

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

CHAPTER

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CHAPTER

5

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 bedenied (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 tohave their dignity un-violated, even when arrested.The fact that nobody should be held in slavery orservitude, 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 acrime.

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, youare 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 ofthe press and media)

Freedom of thought, conscience and belief (includingacademic freedom)

Freedom to practice any religion and to have a place

Fundamental Human Rights and Freedoms

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for it

Freedom to gather; and to take part in processionsand demonstrations

Freedom of association (including joiningtrade unions and other international and national

associations)

Freedom of informationFreedom of movement around the country, and toleave 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 toreceive equal pay for equal work without discrimination

or unfairness

Rights to rest, leisure, reasonable working hours andpaid holidays, as well as public holidays

Rights to equal educational opportunities andfacilities (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 anyculture, 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 newly-delivered 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 togive your consent

This chapter ends with detailed information about the

Presidents Emergency Powers, and then the Protection of

Rights by the Court.

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CHAPTER

6

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 thepeople and the powers they give to governmentThe protection and safeguarding of independence,unity, territorial integrity, and the well-being of citizens

The promotion and reasonable access by all citizens topublic facilities and services

Cultivate among all citizens the respect for ChapterFive of the constitution

Actively promote the integration of all Ghanaians andrestrict 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 startedby 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.

The Directive Principles of State Policy

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CHAPTER

7

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.

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, demarcatingelectoral boundaries in all elections, conducting and

supervising elections and referenda, educating people

Representation of the People

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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 acontribution or donation to any party registered in Ghana.

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The ExecutiveThere 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.

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, andwith 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

CHAPTER

8ultimately, 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 Vice-President, 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,

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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).

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CHAPTER


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CHAPTER

9

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 othermembers (about eleven of them) that the President himself

can decide to choose and bring on board, for whatever

reason he so

chooses.

The Council, soon

as they are all

together, choosesone person as

chairperson

(leader) then they

all take the oath of

secrecy and oath

of membership. They take directorship from the Presidentbut 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.

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The Council of State- 4 articles herein -

CHAPTER


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CHAPTER

10

The LegislatureOver 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) servicesthey (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.

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 theMPs. 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

19Why the focus is on what

should not be the maximum,instead of what should be the

maximum I do not know



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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, sometimessecret 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.

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, whatdoes 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).

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Did you know Parliament hasthe right, by law, to regulate

professional, trade, and

business organisations?

CHAPTER


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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. Itsays: 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

affi liate entities and services.

Judicial power is headed by the Chief Justice, and neither

the President nor Parliament or any agency or organ of

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CHAPTER

11


The Judiciary

either party shall have or be given the final judicial power

[yet it is the President who appoints the Chief Justice andother 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


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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 andfunctions 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 SupremeCourt, 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 mayestablish.

A Chief Justice and not less than nine (9) otherJustices (of the Supreme Court), of which not less than

five (5) must be present for any court proceedings; theyare 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

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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 withthe 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, andfunded by the State.

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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.

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 requiringany 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

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CHAPTER

12Freedom and Independence of the Media

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.



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of their rights and mandate, no mediaentity or person shall trample over

the fundamental human rights and

freedoms of any other person or entity.

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.

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CHAPTER


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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 movedfor 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 stabilityof the currency, and regulating the system in order to

achieve economic progress for the country

The sole custodian of State funds, within and withoutthe country

To manage the economy and state resources via theefficient operation of a banking and credit system in thecountry

Controls the movement of all foreign exchangeIt is headed by a Governor, who is appointed by the

President in consultation with Council of State.

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13Finance



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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 decisiontaken 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 ServiceThe Auditor-GeneralThe Audit Service

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 reportingto 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.

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CHAPTER


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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 untiland unless a just cause has been identified.

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

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14


The Public Servicesservice, and the Legal service.

Public corporations other than those set up ascommercial ventures

Such other public services as Parliament may prescribeby law The Civil Service, until provision is made by

What does this mean, and

how does it impact the

attitudes of public ofcers

or the Civil Service?


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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 establishmentof 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.

All allowances and salaries of these public services are

drawn from State coffers.


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CHAPTER


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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, includingthe role of the Service, prisons budgeting, finance,

administration issues, and promotion of offi cers above the

rank of Assistant Director of Prisons.

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 effi cient 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.30

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The Prisons Service

CHAPTER


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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, theChief 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, makeregulations 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.

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The Armed Forces of Ghana

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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 fundamentalhuman rights and freedoms, injustice, corruption, abuse

of power, and unfair treatment of any person by a public

officer while exercising his/her duties

Investigate complaints regarding the function of thePublic 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 andactions by persons, private enterprises, and other

institutions that allege violations of fundamental human

rights and freedoms

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 allinstances 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

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18Commission on Human Rights andAdministrative Justice (CHRAJ)



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about human rights and freedoms

Report annually to Parliament on the performance ofits 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 beprosecuted

Question any person in respect of any issue underinvestigation 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

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

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 resignationor 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.

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CHAPTER

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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:

Create and sustain a society that is aware of theprinciples and objectives of this Constitution (as the

fundamental law of the people of Ghana)

Educate and encourage the public to defend theConstitution 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 programmesintended to inculcate in the citizens of Ghana,

awareness of their civic responsibilities and an

appreciation of their rights and obligations as freepeople

All administrative expenses of the commission, as well as

salaries, allowances, and pensions for are drawn from the

States coffers.

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19The National Commission for

Civic Education (NCCE)- 9 articles herein -

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Decentralization and Local Government

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

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 resourcestransferred from Central Government to local government

units in a co-ordinated manner at all times

Enhance the capacity of local government authorities toplan, 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 inservice of local government; and ensure the accountability

of local government authorities, as well as have existentopportunities 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


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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

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 Chairpersonsof 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

All other administrative expenses of the commission, as

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

So what is the DCE

there for?

What is the reasoning

behind this?

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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.

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.

There shall also be a Lands Commission, which incoordination with the relevant public agencies and

governmental bodies, shall perform the following:

Manage public lands and any lands vested in thePresident, on behalf of the Government

Advise government, local and traditional authorities onpolicy, with the aim of relevant and requisite development

plans (of land); formulate and submit recommendations

on national policy concerning land use and culpability, togovernment

Advise on, and assist in the execution of a comprehensiveprogramme 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 ChiefAdministrator, 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

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21Lands and Natural Resources


How transparently and

effectively, then, are

revenues accounted for?


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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 alsono 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 appropriatestool, 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, intowhich all rents, dues, royalties, revenues and other

39

...and administered

by who?

payments shall be made

For collecting all such incomes and revenuesas 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 ofStool 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.

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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.

The institution of chieftaincy, together with its traditionalcouncil 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 procedurefor 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/

National House of Chiefs.

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 relatingto chieftaincy

The study, interpretation, and codification ofcustomary 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 thepurpose of eliminating those ones that are outmoded

and/or socially harmful

The House shall also have appellate jurisdiction in anymatter 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

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22Chieftaincy



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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 itby an Act of Parliament

Advising any person or authority on matters relatingto chieftaincy in the region

Hearing and determining appeals from thetraditional councils in the region, with regards to

nomination, election, selection, installation, or

deposition of a person as chief

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Having original jurisdiction in all matters relatingto a paramount stool or skin, or the occupant of same,

including the affiliated queen mother

Studying and recommending appropriate measuresand resolutions for chieftaincy disputes in the region Compiling the customary laws and lines ofsuccession 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

What does this

mean?

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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 ofpublic 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.

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

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 thoseconclusions. 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.

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Commissions of Inquiry


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25


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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 thisConstitution; and

The Act has been passed in accordance with thisChapter.

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 5e. Representation of the People articles 42, 43, 46, 49,

55 and 56

f. The Executive Chapter 8

g. The Legislature articles 93 and 106

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 240and 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 bythe 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.

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Amendments of the Constitution


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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 atleast 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 intoParliament unless:

It has been published twice in the Gazette with thesecond publication being made at least three months

after the first

At least ten days have passed after the secondpublication

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 Stateshall 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 Speakerthat the provisions of this Constitution have been

complied with in relation to it

In the case of a bill to amend an entrenchedprovision, it is accompanied by a certificate from theElectoral 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.

Where does this bill for

amendment come from? Who has

the authority to bring it before

Parliament?

CHAPTER

26


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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.

The first article is lengthy, and talks about how legal

proceedings or action against the Government by anindividual, 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 fewother 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 thatempowers and mandates Parliament to create provisions

for dealing with matters, arising from the constitution or

otherwise, via their Acts of Parliament.

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Miscellaneous


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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 MiscellaneousThey 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.

First Schedule & Second Schedule


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Inside cover

(Back)


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ghana's constitution: easy-reader coffeetable book

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