Alban Sumana Kingsford Bagbin
The Council of State has advised Parliament against passing the Constitution of the Republic of Ghana (Amendment) Bill, 2025, which seeks to amend the constitutional provisions on citizenship-based qualifications for public office.
Speaker of Parliament, Alban Sumana Kingsford Bagbin, who announced the advisory opinion on the floor of the House yesterday, stated that the bill would nevertheless be referred to the Committee on Constitutional and Legal Affairs for consideration, together with the Council’s opinion and his own written guidance.
The bill, sponsored by the Member of Parliament (MP) for Akim Swedru, Kennedy Osei Nyarko, and co-sponsored by three other MPs, seeks to amend constitutional provisions governing citizenship qualifications for persons seeking public office.
According to the Speaker, the bill was referred to the Council of State on March 30, 2026, in accordance with Article 291(2) of the 1992 Constitution for consideration and advice.
“The Council has duly rendered its advice and, in doing so, has advised against the passage of the bill by Parliament,” Mr. Bagbin informed the House.
He, however, emphasised that the Council of State’s opinion was advisory and did not determine Parliament’s legislative authority.
“While the advice of the Council of State does not determine the legislative judgment of Parliament, it constitutes an important constitutional contribution to the deliberative process contemplated by the framers of the Constitution,” he said.
Mr. Bagbin stressed that it was not the role of the Speaker to determine the merits of the bill or prejudge Parliament’s eventual decision.
Instead, he said, Parliament’s Constitutional and Legal Affairs Committee would carefully consider the Council’s advisory opinion before presenting its report to the House.
The Speaker explained that because of the significant constitutional issues raised by the Council of State and their implications for Parliament’s constitutional amendment powers, he had prepared his own written guidance to assist the committee in its deliberations.
“I am clear in my mind that the House is clothed with the powers to amend provisions of the Constitution,” he stated, adding that although some constitutional provisions require more stringent amendment procedures because they are entrenched, Parliament ultimately has the authority to process and pass constitutional amendment bills in accordance with the Constitution.
Mr. Bagbin directed that the bill, the Council of State’s advisory opinion and his written guidance be referred to the Committee on Constitutional and Legal Affairs pursuant to Article 106(4) of the Constitution and the Standing Orders of Parliament.
The Speaker also recounted the legislative history of the proposed amendment, noting that a similar private member’s bill was first introduced in the Eighth Parliament by Kennedy Osei Nyarko in 2021.
That bill progressed through the required constitutional processes, including publication in the Gazette and referral to the Council of State, which at the time advised Parliament to proceed with the proposed constitutional amendment.
Following the Council’s favourable advice, the bill was referred to the then Constitutional, Legal and Parliamentary Affairs Committee, debated by the House and successfully passed its second reading on July 30, 2024.
However, it lapsed before reaching the consideration stage following the dissolution of the Eighth Parliament in January 2025.
By Ernest Kofi Adu, Parliament House