In a majority ruling, the Supreme Court has deemed certain sections of the Citizenship Act unconstitutional.
These sections previously barred individuals with dual citizenship from holding positions such as Chief Justice, Commissioner of the Value Added Tax Service, Director-General of Prisons Service, Chief Fire Officer, Chief Director of a Ministry, or a Colonel rank in the army or other security services.
The court’s decision, delivered in the case of Francis Osei-Bonsu v The Attorney General, invalidated these sections of the Citizenship Act.
The Plaintiff, represented by Bright Okyere-Adjekum Esq., saw all their claims upheld by the Supreme Court.
Citing inconsistency with Article 289(2) of the 1992 Constitution, the Supreme Court nullified the aforementioned sections.
Consequently, individuals with dual citizenship, contrary to the stipulations of section 16 of the Citizenship Act, are now eligible for appointment to various positions, including those previously restricted.
According to the relief sought by the Plaintiff, the nullified sections effectively amended the 1992 Constitution of Ghana, thereby violating Article 289(2) of the Constitution.