OSEI-BONSU VRS ATTORNEY GENERAL (J1/18/2023) [2024] GHASC 25 (24 April 2024)

OSEI-BONSU VRS ATTORNEY GENERAL (J1/18/2023) [2024] GHASC 25 (24 April 2024)

Section 16(2)(a) and (h)-(l) of the Citizenship Act, 2000 (Act 591) is unconstitutional because it amends Article 8(2) of the Constitution by expanding the list of offices barred to dual citizens without following the mandatory constitutional amendment procedure in Articles 289 and 291. The addition of further...

Source-derived case information.

Citation
OSEI-BONSU VRS ATTORNEY GENERAL (J1/18/2023) [2024] GHASC 25 (24 April 2024)
Parties
Plaintiff: Francis Osei-Bonsu; Defendant: Attorney General
Court
ghasc
Jurisdiction
Ghana
Judgment Date
24 April 2024
Procedural Posture
Constitutional Writ / Final Judgment in Supreme Court Original Jurisdiction
Outcome
Sections 16(2)(a) and 16(2)(h)-(l) of the Citizenship Act, 2000 (Act 591) struck down as unconstitutional.
Legal Topics
Dual Citizenship, Constitutional Amendment Procedures, Qualifications for Public Office, Supremacy of the Constitution
Source Language
en
Constitutional Law Administrative Law Dual Citizenship Constitutional Amendment Procedures Qualifications for Public Office Supremacy of the Constitution

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Parties

Francis Osei-Bonsu

Plaintiff

Attorney General

Defendant

Procedural Posture

Constitutional Writ / Final Judgment in Supreme Court Original Jurisdiction

Legal Issues

  1. 1 Whether section 16(2)(a) and (h)-(l) of the Citizenship Act, 2000 (Act 591) is unconstitutional for amending Article 8(2) of the Constitution without following the prescribed amendment procedure under Article 289 and 291.
  2. 2 Whether Parliament can expand the list of offices barred to dual citizens by ordinary legislation or only by constitutional amendment.
  3. 3 Whether the inclusion of Chief Justice and Justices of the Supreme Court as offices barred to dual citizens by Act 591 is inconsistent with Article 128(4) of the Constitution.

Ratio Decidendi

Section 16(2)(a) and (h)-(l) of the Citizenship Act, 2000 (Act 591) is unconstitutional because it amends Article 8(2) of the Constitution by expanding the list of offices barred to dual citizens without following the mandatory constitutional amendment procedure in Articles 289 and 291. The addition of further qualifications for Supreme Court Justices in Act 591 is also unconstitutional as it is inconsistent with the exhaustive criteria in Article 128(4).

Court Disposition

Sections 16(2)(a) and 16(2)(h)-(l) of the Citizenship Act, 2000 (Act 591) struck down as unconstitutional.

Orders

  • Sections 16(2)(a) and 16(2)(h)-(l) of Act 591 are declared null and void for being inconsistent with Articles 289 and 291 of the Constitution.
  • The said sections are struck down and cease to have legal effect.