Bring back Citizens Amendment Bill – Kwaku Asare
A fellow of the Center for Democratic Development Ghana (CDD-Ghana), Professor Stephen Kwaku Asare, says it is time for the Citizens Amendment Bill to be reintroduced in parliament.
The bill was first introduced in parliament in 2021 by Kennedy Osei Nyarko, a New Patriotic Party (NPP) Member of Parliament for Akim Swedru.
The bill, if passed, will amend the constitution to remove restrictions imposed on dual citizens and persons who owe allegiance to a country other than Ghana from holding public office.
If the bill is passed, dual citizens can hold positions such as Ambassador or High Commissioner, Secretary to the Cabinet, Chief Of Defence Staff, Inspector General of Police, Director of immigration service, and Member of Parliament.
According to Prof Asare, after the bill was introduced on the floor, it went through several processes, including the first reading and then to the Council of State for advice.
He said the Council of State agreed to amend the bill; however, following their advice, the bill was referred to a committee, but not much has been heard of it since then.
“The bill was referred to the committee on July 30, 2023. Here we are in June 2024; we ask, when will the second reading and the third reading be? The second reading and the third reading are when we vote on this bill, so let’s bring the bill to the floor to vote on it.
“As far as I know, Ex-President John Mahama has said he supports the bill and he has said so publicly. President Nana Akufo-Addo says he supports the bill, and he has said so publicly. Vice President Mahamudu Bawumia, my good friend, my brother has said he supports the bill even publicly so what are we waiting for?” he quizzed.
He added, “It is time to bring the bill to the floor when the House resumes on June 11 and to vote on it.”
Restrictions for dual citizens
Among the restrictions outlined in the law, Ghanaians with dual citizenship cannot be Members of Parliament, Chief Justice and Justices of the Supreme Court, Ambassador/High Commissioner among others.
Ghana’s Constitution for example in Article 94 (2A) states that “a person shall not be qualified to be a member of Parliament if he – (a) owes allegiance to a country other than Ghana”. This and several other provisions of the constitution place restrictions on dual citizens from political participation in Ghana, especially in public elections.”
The Supreme Court of Ghana has previously reasoned that people with dual nationality cannot hold public offices because of the issue of conflict of interest, national security, and state allegiance to Ghana and confidentiality.
Other offices dual citizens cannot hold include:
- Secretary to the Cabinet
- Chief of Defence Staff
- Inspector-General of Police
- Commissioner of Customs, Excise and Preventive Service
- Commissioner, Value Added Tax Service
- Director of Immigration Service
- Director-General, Prisons Service
- Chief Fire Officer
- Chief Director of a Ministry
- Rank of Colonel in the Army or equivalent in other security services
- Any other public office that the Minister may prescribe by Legislative Instrument