Ghana: Dual Citizens Are Eligible To Serve As Chief Justices And Chief Directors – Supreme Court Affirms

The Supreme Court by a majority decision has declared as unconstitutional sections of the Citizenship Act which prohibit a person with dual citizenship from becoming a Chief Justice, Commissioner, Value Added Tax Service, Director-General, Prisons Service, Chief Fire Officer, Chief Director of a Ministry or a rank of Colonel in the army, or other security service.

The Apex court delivered its judgment nullifying the said sections of the Citizenship Act in the case of Francis Osei-Bonsu v The Attorney General.

The Supreme Court upheld all the reliefs of the Plaintiff and represented by the Bright Okyere-Adjekum Esq.

The Supreme Court nullified the said sections for being inconsistent with Article 289(2) of the 1992 Constitution. The effect of the decision is that, persons who are dual citizens contrary to the dictates of section 16 of the Citizenship Act can now be appointed to positions or offices including that of the: Chief Justice, Commissioner of the Value Added Tax Service; Director-General of the Prisons Service, the Chief Fire Officer, a Chief Director of a Ministry, the rank of a Colonel in the Army or its equivalent in the other security services.

Per the reliefs sought by the Plaintiff, the said sections now nullified by the Supreme Court impliedly amended the 1992 Constitution of the Republic of Ghana and thus injured Article 289(2) of the Constitution.

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