Ghana Act or statute

Parliament of Ghana

Citizen Act, 2000 (ACT 591)

compliancedefinitionsdual citizenshipeligibility statusfamily statusfeesgovernment publicationidentity and statusidentity statusidentity verificationnationalitynaturalisationrecords managementregistrationregulationsresidency

Jurisdiction: Ghana
Structure: 25 provisions
Citation: Act 591
Dates: Undated source snapshot

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Purpose and legislative effect

“People who were citizens of Ghana by law when the Constitution came into force continue to be citizens of Ghana.”

People who were citizens of Ghana by law when the Constitution came into force continue to be citizens of Ghana. This section says the rules on Ghanaian citizenship by birth are restated in this Part for ease of reference. A person born before 6 March 1957 is a citizen of Ghana by birth if the stated birthplace and parent or grandparent conditions are met. People born between 6 March 1957 and before 22 August 1969 may be citizens of Ghana by birth if the stated parent or grandparent conditions are met. A person is a citizen of Ghana by birth if they were born within the stated date range and at least one parent was a Ghanaian citizen at the time of birth.

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Continuation of existing citizenship

People who were citizens of Ghana by law when the Constitution came into force continue to be citizens of Ghana.

Section 1

Persons born on or after 7/1/93—Constitution 1992

A person is a citizen of Ghana by birth if born on or after 7 January 1993, in or outside Ghana, and at birth a parent or grandparent was or is a citizen of Ghana.

Section 7

Naturalisation

The Minister may, with the President’s approval, grant a certificate of naturalisation to a qualified adult person. A person who gets the certificate must take the oath of allegiance and becomes a citizen by naturalisation when the oath is taken.

Section 13

Posthumous children

For a child born after a parent’s death, any reference in this Act to the parent’s citizenship at the child’s birth is read as the parent’s citizenship at the time of death.

Section 19

Repeal and savings

This section repeals the listed nationality enactments and preserves existing regulations and valid prior actions, while allowing some pre-existing citizens to keep their citizenship subject to this Act and the Constitution.

Section 25

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Showing 25 of 25 provisions

Provision 21Offence 2InterpretationRepeal

§ 1Continuation of existing citizenshipProvision

People who were citizens of Ghana by law when the Constitution came into force continue to be citizens of Ghana.

Section 1—Continuation of Existing Citizenship Every person who on the coming into force of the Constitution was a citizen of Ghana by law shall continue to be a citizen of Ghana.

Section 1Verify source

§ 2Ascertainment of the law applicable to citizenship by birthProvision

This section says the rules on Ghanaian citizenship by birth are restated in this Part for ease of reference.

Section 2—Ascertainment of the Law Applicable to Citizenship by Birth For ease of ascertaining the law on Ghanaian citizenship by birth, the applicable provisions are in this Part restated.

Section 2Verify source

§ 3Persons born before 6/3/57Provision

A person born before 6 March 1957 is a citizen of Ghana by birth if the stated birthplace and parent or grandparent conditions are met.

Section 3—Persons Born before 6/3/57 (1) A person born before 6th March 1957 is a citizen of Ghana by birth if— (a) he was born in Ghana and at least one of his parents or grandparents was born in Ghana; or (b) he was born outside Ghana and one of his parents was born in Ghana.

Section 3Verify source

§ 4Persons born on or after 6/3/57 but before 22/8/69Provision

People born between 6 March 1957 and before 22 August 1969 may be citizens of Ghana by birth if the stated parent or grandparent conditions are met.

Section 4—Persons Born on or after 6/3/57 but before 22/8/69 (1) A person born on or after 6th March 1957 and before 22nd August 1969 is a citizen of Ghana by birth if— 4 (a) he was born in or outside Ghana and either of his parents, and also one at least of his grandparents or great-grandparents, was born in Ghana; or (b) in the case of a person born in Ghana neither of whose parents was born in Ghana, at least one of his grandparents was born in Ghana. (2) A person is not a citizen of Ghana for the purposes of subsection (1) of this section if at the time of his birth the parent, grandparent or great-grandparent through whom the citizenship is claimed has lost his citizenship of Ghana. (3) A person born on or after 6th March 1957 and before 22nd August 1969 is a citizen of Ghana by birth if— (a) he was born in Ghana and at the time of his birth either of his parents was a citizen of Ghana by registration or naturalisation; or (b) he was born outside Ghana and at the time of his birth both of his parents were citizens of Ghana by registration or naturalisation.

Section 4Verify source

§ 5Persons born on or after 22/8/69—Constitution 1969Provision

A person is a citizen of Ghana by birth if they were born within the stated date range and at least one parent was a Ghanaian citizen at the time of birth.

Section 5—Persons Born on or after 22/8/69—Constitution 1969 A person is a citizen of Ghana by birth if he was born in or outside Ghana on or after 22nd August 1969 and before 24th September 1979 and at the date of his birth either of his parents was a citizen of Ghana.

Section 5Verify source

§ 6Persons born on or after 24/9/79—Constitution 1979Provision

People born on or after 24 September 1979 and before 7 January 1993 are Ghanaian citizens by birth if they meet the stated parentage and place-of-birth conditions.

Section 6—Persons Born on or after 24/9/79—Constitution 1979 A person born on or after 24th September 1979 and before 7th January 1993 is a citizen of Ghana by birth if— (a) he was born in Ghana and at the date of his birth either of his parents or one grandparent was a citizen of Ghana; or (b) he was born outside Ghana and at the date of his birth either of his parents was a citizen of Ghana.

Section 6Verify source

§ 7Persons born on or after 7/1/93—Constitution 1992Provision

A person is a citizen of Ghana by birth if born on or after 7 January 1993, in or outside Ghana, and at birth a parent or grandparent was or is a citizen of Ghana.

Section 7—Persons Born on or after 7/1/93—Constitution 1992 A person is a citizen of Ghana by birth if he was born on 7th January 1993 or born after that date in or outside Ghana and at the date of his birth either of his parents or one grandparent was or is a citizen of Ghana.

Section 7Verify source

§ 8Foundlings PART II—ACQUISITION OF GHANAIAN CITIZENSHIP OTHERWISE THAN BY BIRTHProvision

A child found in Ghana who is not more than seven years old and whose parents are unknown is presumed to be a Ghanaian citizen by birth.

Section 8—Foundlings A child of not more than seven years of age found in Ghana whose parents are not known shall be presumed to be a citizen of Ghana by birth. PART II—ACQUISITION OF GHANAIAN CITIZENSHIP OTHERWISE THAN BY BIRTH

Section 8Verify source

§ 9Adopted childrenProvision

A child under 16, whose parents are not Ghanaian citizens, becomes a Ghanaian citizen if adopted by a Ghanaian citizen.

Section 9—Adopted Children A child of not more than sixteen years of age neither of whose parents is a citizen of Ghana who is adopted by a citizen of Ghana shall, by virtue of the adoption, be a citizen of Ghana. 5

Section 9Verify source

§ 10Citizenship by registrationProvision

This section allows some people to be registered as citizens of Ghana if they meet stated conditions, and it bars registration until the oath of allegiance is taken.

Section 10—Citizenship by Registration (1) A citizen of age and capacity of any approved country may upon an application, and with the approval of the President, be registered as a citizen of Ghana if he satisfies the Minister that— (a) he is of good character; (b) he is ordinarily resident in Ghana; (c) he has been so resident throughout the period of five years or such shorter period as the Minister may in the special circumstances of any particular case accept, immediately before the application; and (d) he can speak and understand an indigenous language of Ghana. (2) A person who is not a citizen and is or was married to a citizen may, upon an application in the prescribed manner, be registered as a citizen. (3) Subsection (2) applies to an applicant who was married to a person who was a citizen at the time of the death of that person. (4) Where the marriage of a person registered as a citizen under subsection (2) is dissolved, the person shall continue to be a citizen unless the citizenship is renounced. (5) A child of the marriage of a person registered as a citizen under subsection (2) shall continue to be a citizen unless the child renounces the citizenship. (6) Where upon an application for registration under subsection (2) it appears to the Minister that the marriage had been entered into primarily for the purpose of obtaining the registration, the Minister shall request the applicant to establish that the marriage was entered into in good faith. (7) In the case of a man seeking registration, subsection (1) applies only if the applicant is permanently resident in Ghana. (8) A person shall not be registered as a citizen unless he has taken the oath of allegiance.

Section 10Verify source

§ 11Registration of childrenProvision

The Minister must register a child as a citizen of Ghana when a parent or guardian applies, if the child’s parent became a citizen by registration or naturalisation.

Section 11—Registration of Children The Minister shall register as a citizen of Ghana a child of any person who becomes a citizen of Ghana by registration or naturalisation upon application of the parent or guardian of the child.

Section 11Verify source

§ 12Effective date of registration as citizenProvision

A person registered under section 10 or 11 becomes a citizen by registration on the date shown on the registration certificate.

Section 12—Effective Date of Registration as Citizen (1) A person registered under section 10 or 11 is a citizen by registration from the date stated on the certificate of registration (2) The date stated on the certificate of registration shall be the date of the taking of the oath of allegiance.

Section 12Verify source

§ 13NaturalisationProvision

Section 13—Naturalisation 6 (1) The Minister may with the approval of the President grant a certificate of naturalisation to a person of age and capacity who satisfies the Minister that he is qualified under section 14 of this Act for naturalisation. (2) A person to whom a certificate of naturalisation is granted under subsection (1) shall take the oath of allegiance and become a citizen by naturalisation from the date on which the oath of allegiance is taken.

Section 13Verify source

§ 14Qualification for naturalisationOffence

A person qualifies for naturalisation only if the listed residence, character, language, contribution, assimilation, intention, and permit conditions are met, subject to ministerial discretion in special circumstances with presidential approval.

Section 14—Qualification for Naturalisation (1) Subject to subsection (2) of this section, a person qualifies for naturalisation if— (a) he has resided in Ghana throughout the period of twelve months immediately preceding the date of the application; (b) during the seven years immediately preceding the period of twelve months, he has resided in Ghana for periods amounting in the aggregate to not less than five years; (c) he is of good character as attested to in writing by two Ghanaians being notaries public, lawyers, or senior public officers; (d) he has not been sentenced to any period of imprisonment in Ghana or anywhere for an offence recognised by law in Ghana; (e) he is able to speak and understand an indigenous Ghanaian language; (f) he is a person who has made or who is capable of making a substantial contribution to the progress or advancement in any area of national activity; (g) he is a person who has been assimilated into the Ghanaian way of life or who can easily be so assimilated; (h) he intends to reside permanently in Ghana in the event of a certificate being granted to him; and (i) he possessed a valid residence permit on the date of his application. (2) The Minister, may in such special circumstances as he thinks fit and with the approval of the President— (a) allow a continuous period of twelve months ending not more than six months before the date of the application to be reckoned for the purposes of subsection (1)(a) of this section as though it had immediately preceded the date of the application; (b) allow residence in an approved country to be reckoned for the purposes of subsection (1)(b) of this section as if it has been residence in Ghana; and (c) allow periods of residence earlier than seven years before the date of the application to be reckoned in computing the aggregate period mentioned in subsection (1)(b) of this section. (3) The Minister, in other special circumstances as he thinks fit and with the approval of the President, may modify, vary or waive any one of the qualifications for naturalisation set out in this section except the qualification specified in subsection 1 (e) of this section.

Section 14Verify source

§ 15Gazette publications PART III—DUAL CITIZENSHIP, RENUNCIATION AND DEPRIVATION OF CITIZENSHIPProvision

The Minister must publish specified details in the Gazette within three months when a person applies for, is registered for, or is granted citizenship or a certificate of naturalisation.

Section 15—Gazette Publications 7 The Minister shall publish in the Gazette within three months of any application, registration or grant of a certificate of naturalisation, the names, particulars and other details of a person who— (a) applies to be registered as a citizen; (b) has been registered as a citizen; (c) applies for the grant of a certificate of naturalisation; (d) has been granted a certificate of naturalisation as a citizen. PART III—DUAL CITIZENSHIP, RENUNCIATION AND DEPRIVATION OF CITIZENSHIP

Section 15Verify source

§ 16Dual citizenshipProvision

Ghanaian citizens may hold another citizenship, but dual citizens are restricted from appointment to specified public offices and must notify the Minister in writing when they acquire another citizenship.

Section 16—Dual Citizenship (1) A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana. (2) Without prejudice to article 94(2)(a) of the Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this subsection if he holds the citizenship of any other country in addition to his citizenship of Ghana— (a) Chief Justice and Justices of the Supreme Court; (b) Ambassador or High Commissioner; (c) Secretary to the Cabinet; (d) Chief of Defence Staff or any Service Chief; (e) Inspector-General of Police; (f) Commissioner, Custom, Excise and Preventive Service; (g) Director of Immigration Service; (h) Commissioner, Value Added Tax Service; (i) Director-General, Prisons Service; (j) Chief Fire Officer; (k) Chief Director of a Ministry; (l) the rank of a Colonel in the Army or its equivalent in the other security services; and (m) any other public office that the Minister may by legislative instrument prescribe. (3) A citizen of Ghana who— (a) loses his Ghanaian citizenship as a result of the acquisition or possession of the citizenship of another country shall on the renunciation of his citizenship of that country become a citizen of Ghana; 8 (b) acquires the citizenship of another country in addition to his Ghanaian citizenship shall notify in writing the acquisition of the additional citizenship to the Minister in such form and such manner as may be prescribed. (4) A citizen of Ghana who is also a citizen of any other country shall whilst in Ghana be subject to the laws of Ghana as any other citizen. (5) A citizen who has lost his citizenship as a result of the law in Ghana which prohibited the holding of dual citizenship by a Ghanaian may on an application to the Minister be issued with a certificate of citizenship which shall be effective from the date of issue. (6) A certificate issued under subsection (5) shall specify whether the citizenship is by birth, adoption, registration or naturalisation.

Section 16Verify source

§ 17Renunciation of Ghanaian citizenshipProvision

A qualifying dual citizen of Ghana may renounce Ghanaian citizenship, and the Minister must register the declaration; once registered, the person ceases to be a Ghanaian citizen.

Section 17—Renunciation of Ghanaian Citizenship (1) If any citizen of Ghana of age and capacity who is also a citizen of another country makes a declaration of renunciation of citizenship of Ghana, the Minister shall cause the declaration to be registered; and upon the registration, that person shall cease to be a citizen of Ghana. (2) Where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own country by virtue of that marriage, a citizen of Ghana who is deprived of his citizenship of Ghana by virtue of that marriage shall, on the dissolution of that marriage, become a citizen of Ghana.

Section 17Verify source

§ 18Deprivation of citizenship PART IV—MISCELLANEOUS PROVISIONSProvision

The High Court may deprive certain Ghanaian citizens of their citizenship if the Attorney-General applies and the listed grounds are met.

Section 18—Deprivation of Citizenship The High Court may on an application by the Attorney-General for the purpose, deprive a person who is a citizen of Ghana, otherwise than by birth or adoption of that citizenship on the ground— (a) that the activities of that person are inimical to the security of the State or prejudicial to the public morality or the public interest; or (b) that the citizenship was acquired by fraud, misrepresentation or any other improper or irregular practice. PART IV—MISCELLANEOUS PROVISIONS

Section 18Verify source

§ 19Posthumous childrenProvision

For a child born after a parent’s death, any reference in this Act to the parent’s citizenship at the child’s birth is read as the parent’s citizenship at the time of death.

Section 19—Posthumous Children A reference in this Act to the citizenship status of the parent of a person at the time of the birth of that person shall, in relation to a person born after the death of the parent, be construed as a reference to the citizenship status of the parent at the time of the parent's death.

Section 19Verify source

§ 20Certificate of citizenship in doubtful casesProvision

The Minister may certify a person as a citizen of Ghana if an application is made by or for that person and there is doubt about the person’s citizenship under Part I of the Act.

Section 20—Certificate of Citizenship in Doubtful Cases The Minister may, on an application made by or on behalf of any person with respect to whose citizenship of Ghana a doubt exists under Part I of this Act, certify that the person is a citizen of Ghana and a certificate issued under this section shall be prima facie evidence that the person was such a citizen at the date indicated in the certificate, but without prejudice to any evidence that he was such a citizen at an earlier date.

Section 20Verify source

§ 21EvidenceProvision

Certain documents and register entries made under the Act must be accepted as evidence.

Section 21—Evidence 9 (1) A document purporting to be a notice, certificate, order or declaration or an entry in a register, or a subscription to an oath of allegiance, given, granted or made under this Act shall be received in evidence. (2) The evidence may be given by the production of a certified true copy of the document by the person. (3) An entry in a register made under this Act shall be received as evidence of the matters stated in the entry.

Section 21Verify source

§ 22Offences 2Offence

A person who knowingly or recklessly makes a false statement in a material particular to get something done or not done under the Act commits an offence.

Section 22—Offences Any person who for the purpose of procuring anything to be done or not to be done under this Act makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, commits an offence and is liable on summary conviction to a fine of not less than ¢500,000 and not exceeding ¢5 million or a term of imprisonment not exceeding 12 months or to both.

Section 22Verify source

§ 23RegulationsProvision

The Minister may make regulations by legislative instrument on dual citizenship travel documents, notification of acquisition, fees, and other matters needed to give full effect to the Act.

Section 23—Regulations The Minister may by legislative instrument make Regulations for— (a) procedures relating to use of travel documents by holders of dual citizenship; (b) form and manner of notification of acquisition of dual citizenship; (c) fees chargeable in respect of anything to be done under this Act; and (d) generally for giving full effect to the provisions of this Act.

Section 23Verify source

§ 24InterpretationInterpretation

This section defines key terms used in the Act, including “approved country,” “child,” “Minister,” and “prescribe,” and explains how certain references and age/capacity rules are to be read.

Section 24—Interpretation (1) In this Act unless the context otherwise requires— “approved country” means any country declared by or under the authority of the President to be an approved country by a legislative instrument; “child” means a person who has not attained the age of eighteen years; “Minister” means the Minister responsible for the Interior; “prescribe” means prescribed by legislative instrument under this Act. (2) A reference in this Act to Ghana in relation to a birth or residence before 6th March 1957 shall be read as a reference to the territories comprised in Ghana on that date. (3) For the purposes of this Act, a person born aboard a registered ship or aircraft or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or in that country. (4) For the purposes of this Act, a person is of age if he has attained the age of eighteen years and is of capacity if he is of sound mind.

Section 24Verify source

§ 25Repeal and savingsRepeal

Section 25—Repeal and Savings (1) The Ghana Nationality Act, 1971 (Act 361) as amended by the— 10 (a) Ghana Nationality (Amendment) Decree, 1972 (N.R.C.D. 134); (b) Ghana Nationality (Amendment) Decree, 1978 (S.M.C.D. 172); and (c) Ghana Nationality (Amendment) Decree, 1979 (A.F.R.C.D. 42) is hereby repealed. (2) Notwithstanding the repeal in subsection (1) of this section any Regulations made under Act 361 or continued in force under that Act and in force immediately before the coming into force of this Act shall continue in force until amended or revoked under this Act. (3) The repeal of the enactments specified in subsection (1) does not affect the validity of any action taken under any of the enactments before the repeal. (4) Any person who immediately before the coming into force of this Act is a citizen by adoption, registration or naturalisation acquired validly under any enactment before the coming into force of this Act shall continue to hold the citizenship subject to the Constitution and the provisions of this Act. Date of Gazette Notification:

Section 25Verify source

Legislative relationships

2 referenced instruments

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A–F

1 instrument

and savings This section repeals the listed nationality enactments and preserves existing regulations
Section 25

G–M

1 instrument

Ghana a doubt exists under Part I of this Act
Section 20

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