Chief Justice Gertrude Torkornoo
In a landmark ruling, the Supreme Court of Ghana has declared as unconstitutional several sections of the Citizenship Act that prohibited persons with dual citizenship from holding key public offices.
The Apex court’s majority decision, in the case of Francis Osei-Bonsu v The Attorney General, nullified sections of the Citizenship Act that barred dual citizens from becoming the Chief Justice, Commissioner of the Value Added Tax Service, Director-General of the Prisons Service, Chief Fire Officer, Chief Director of a Ministry, or attaining the rank of Colonel in the army or other security services.
The Supreme Court upheld all the reliefs sought by the plaintiff, represented by Bright Okyere-Adjekum, ruling that the impugned sections of the Citizenship Act were inconsistent with Article 289(2) of the 1992 Constitution.
The effect of the court’s decision is that persons with dual citizenship can now be appointed to the previously restricted positions, as the nullified sections had improperly amended the Constitution.
The Supreme Court found that the Citizenship Act’s provisions unlawfully interfered with Article 289(2) of the Constitution, which guarantees the rights of Ghanaian citizens, irrespective of their dual citizenship status.
This landmark judgment is expected to have a significant impact on the eligibility of dual citizens for senior government and security appointments in Ghana.
By Vincent Kubi