The Supreme Court in a landmark decision has struck down key provisions of the Citizenship Act, 2000 (ACT 581), prohibiting dual citizens from holding top government positions.
The ruling, with a decisive 6-1 majority, deems these restrictions unconstitutional, citing conflict with Article 289(2) of the 1992 Constitution.
The invalidated sections of the Citizenship Act, specifically 16(2)(a) and 16(2)(h)-(l), had barred individuals with dual citizenship from roles such as Chief Justice, Commissioner of the Value Added Tax Service, Director-General of the Prisons Service, Chief Fire Officer, Chief Director of a Ministry, or holding the rank of Colonel in the army or other security services.
The case, titled ‘Francis Osei-Bonsu v The Attorney General,’ brought to light the argument that these sections effectively amended the constitution, violating Article 289(2).
The plaintiff, represented by Bright Okyere-Adjekum Esq., successfully contended that such restrictions infringed upon the fundamental principles outlined in the constitution.
With this ruling, individuals with dual citizenship are now eligible for these significant government positions, marking a significant shift in Ghanaian law and governance.
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.
They include;
1. Chief Justice,
2. Commissioner of the Value Added Tax Service;
3. Director-General of the Prisons Service the Chief Fire Officer,
4. a Chief Director of a Ministry the rank of a Colonel in the Army or its equivalent in the other security services.