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1979- Constitution of Ghana
LAW (LLB)
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2 CONSTITUTION OF THE THIRD REPUBUC OF GHANA (PROMULGATION) DECREE, 19 79 (2) The said Constitution shall have the force of Jaw. Commence"· 2. The Constitution shall come into force Oll the 24th day of C. or. S ep t em b er, 19' .. Printing of Constitution,
ConstiAssembltuy ent dissolved.
Decrreplace ee to A. F .R.C.
- Whenever it becomes necessary for the Constitution to be printed the Government Printer may omit all parts of this Decree and the Constitution as so printed shall, subject to the provisions of sections 1 and 2 of this Decree have the force of law notwithw standing the omission,
- The Constituent Assembly is hereby dissolved and accordingly the following en actments are ,hereby repealed- the Constituent Assembly Decree, 1978 (S.M.C. 203), the Constituent Assembly (Amendment) (No) Decree, 1978 (S.M.C. 207), the Constituent Assembly (Commencement of Proceeda ings) Proclamation, 1978 (S.M.C. 209), and the Constituent Assembly (Amendment) Decree, 1979 (S.M.C. 220). 5~ The provisions of this Decree shall replace aU the provisions of the Constitution of the third Republic of Ghana (Promulgation) Decree, 1979 (A.F.R.C. 8) and accordingly, the said Constitution of the Third Republic of Ghana (Promulgation) Decree, 1979 (A.F.R.C. 8) shall cease to have effect.
SCHEDULE THE CONSTITUTION OF THE REPUBLIC OF GHANA, 1979
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A.F. 24. CONSTITUTION OF THE THIRD REPUBLIC OF GHANA (PROMULGATION) DECREE, 1979 WHEREAS by the Constituent Assembly Decree, 1978 (8.M.C. 203) as subsequently amended a Constituent Assembly was established and section 2 of the said Decree prescribed the functions of the said Assembly as follows:- ·ofConsti· "Functions tuent bly. Assem-
- The Constituent Assembly- (a) shall have full power to deliberate upon the Constitution for the Establishment of a Transitional (Interim) National Government for Ghana drawn up by the Constitutional Commission; (bY'may make such amendments in the .• said draft Constitution as may appeal' to it necessary in the national interest; (c) shall submit to the Supreme Military Council not later than the 16th day of April, 1979 a Constitution for the administration of Ghana; (d) shall submit by the date specified in para- graph (c) of this section or such later date as the Supreme Military Council may alIow, a report of all changes made by the Constituent Assembly in the draft Constitution drawn up by the Constitu- tional Commission giving where possible reasons for the changes." ANI> WHEREAS the Constituent Assembly after completion of their functions under the said Decree submitted to the Supreme Military Council a Constitution for the administration of Gbana; AND WHEREAS on the 4th day of June, 1979 the Government of the Supreme Military Council was overtbrown and the Armed Forces Revolutionary Council was establisHed as the Government of Ghana; AND WHEREAS the Armed Forces Revolutionary Council considers it expedient to promulgate the Constitution submitted by the Constituent Assembly subject to such changes as it deems necessary in the public interest; Now, THEREFORE, BE IT ENACTED by the Armed Forces RevoluD donary Council as foHows--
- (1) The Constitution set out in the Schedule to this Decree Enactment of shall be the Constitution by. which Ghana shall be governed. f°nstGhltution lor ana.
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ARRANGEMENT OF CHAPTERS
THE PREAMBLE Chapter l. THE CONSTITUTION 2. THE LAWS OF GHANA . 3. THE TERRITORIES OF GHANA ":'. 4. DIRECTIVE PRINCIPLES OF STATE POLICY -I 5. CITIZENSHIP I 6. FUNDAMENTAL HUMAN RIGHTS Liberty of the Individual Emergency Powers Protection of Rights by Courts 7. REPRESENTATION OF THE PEOPLE 8. THE EXECUTIVE The President International Relations The Cabinet The National Security Council The National Development Commission The Attorney-General
, - 9. THE LEGISLATURE Composition of Parlianlent Procedure in Parlialnent Summoning, Dissolution Privileges and Inlmunities Contempt of Parlianlent The Parliamentary Service 10. THE COUNCIL OF STATfl
SC1IEDULES First Schedule Part I - First President Part II - First Parliament Part III - The Judiciary Part IV - Miscellaneous Part V - Public Corporations
Second Schedule Oaths
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THE CONSTITUTION OF TIlE REPUBLIC OF GHANA ARRANGEMENT OF ARTICLES
CHAPTER ONE THE CONSTITUTION
Article 1. Supremacy of the Constitution 2. Enforcement of the Constitution 3. Defence of the Constitution
CHAPTER Two THE LAWS OF GHANA 4. The. Laws of Ghana
CHAPTER THREE THE TERRITORIES OF GHANA 5. Territories of Ghana
CHAPTER F OUR DIRECTIVE PRINCIPLES OF STATE POLICY 6. Implementation of Provisions 7. National Integration and Unity 8. Objectives of Economic Policy 9. Objectives of Social Policy 10. Objectives of Educational Policy 11. International Re1ations 1V
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Article
- Equal'Rights of Mothers, Spouses and of Children Emergf!ncy Powers
- Provisions for Times of War and Public Emergency Protection of Rights by Courts
- Persons Detaine~ under Emergency Laws
- Enforcement of Protective Provisions
CHAPTER SEVEN REPRESENTATION OF THE PEOPLE 36. The Right to Vote 37. The Electoral Commission 38. Supervision of Elections and Referenda 39. Constituencies 40. Voting at Elections and Referenda 41. ElectivR of Candidates 42. The Organizatiqn of Political Parties 43. Restrictions on Certain Propaganda
CHAPTER EIGHT
THE EXECUTIVE The President 44. The President of Ghana 45. The Executive Authority of Ghana 46. Absence from Ghana VI -. 1
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Article 47. The Vice-President and Succession to the Presidency 48. Public and Presidential Seals 49. Qualifications of President 50. Election of President 51. Challenging Election of President 52. The Presidential Election Regulations 53. Term of Office 54. Presidential Messages 55. Conditions of Office 56. Removal of President 57. Appointlnents by the President 58. Determination of Certain Emoluments 59. Prerogative of Mercy 60. Professional Organisations
International Relations 61. Diplomatic Representation 62. Execution of Treaties
The Cabinet 63. The Cabinet 64. Meetings of the Cabinet 65. Ministers of State 66. Deputy Ministers 67. Oaths 68. Tenure of Office of Ministers, etc. 69. Vote of Censure VB ..
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,. Article 87. U' nqualified Person Sitting or Voting 88. Mode of Exercising Legislative Power 89. Retroactive Legislation 90. Settlenlent of Financial Matters 91. Standing Orders of Parliament 92. Attendance by a Minister of State, etc. Summoning, Dissolution 93. Sessions of Parliament 94. Dissolution 95. Gratuitv " for Members of Parliament - Privileges and Immunities 96. Freedo of Speech and Proceedings 97. Immunity from Proceedings for Acts in Parliament 98. Immunity frOlu Service of Process and Arrest 99. Imnlunity from Witness Summons 100. Immunity from Service as JurYluan 101. Inlnlunity for Publication of Proceedings 102. Privileges of Witnesses Contempt of Parliament 103. General Contempt 104. Criminal Proceedings
The Parliamentary Service ,'- 105. The Parlianlentary Service
CHAPTER TEN THE COUNCIL O F STATE 106. The Council of State 107. Consideration of Bills by the Council of Sta, te LX
,':' Article 108. Other Functions of the Council of State 109. Procedure in the Council of State
CHAPTER ELEVEN THE OMBUDSMAN 110. Establishment of Ombudsman Ill. Functions of Ombudsman 112. L egislation relating to Ombudsman 113. Qualifications of the Ombudsman
CHAPTER TWELVE ..
THE JUDICIARY
The Superior Court of Judicature
114. The Judicial Power of Ghana
The Supreme Court
115. Composition of te Supreme Court
116. General Jurisdiction of the Suprelne Court
117. Appellate Jurisdiction of the Supreme Court .,'
11 8. Original Jurisdiction of the Supreme Court
11 9. Supervisory Jurisdiction of the Supreme Court -
J. P owers of a Single Justice of the Supreme Court
The Court of Appeal
121. Composition of the Court of Appeal
122. Jurisdiction of the Court of Appeal
123. Powers of a Single Justice of the Court of Appeal
The High Court of Justice
12 4. Composition of the High Court of Justice .f
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The Statistical Service .-J1tI lC • I e 149. Statistical Service ISO. Statistical Service Board The Auditor-General 151. The Auditor-General The Audit Service 152. Th e Audit Service 153. The Audit Service Board
CHAPTER F OURTEEN THE PUBLI C SERVICES 154. The Public Ser vices 155. Protection for Public Offi's 15 6. The Public Ser vices Commission 157. Appointments, etc. of Public Officers 158. Other Functions of the P ublic Services COlnmission 159. Establishment of' Public Corporations 16 0. Head of the C\vil Service 161. Existing Offices l62. Retiring Age
CHAPTER FIFTEEN
t-. THE PRISO·N S SERVICE
- T he Prisons Service
- The Prisons Service Council
- Functions of the Prison s Service Council
- R egional Prisons Conlmittees
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CHAPTER SIXTEEN THE ARMED FORCES OF GHANA Article 167. The A_'med Forces of Ghana 168. The Anned Forces Council 169. Appointments, etc. 170. Delegation of Functions 171. Functions of the Armed Forces Council
CHAPTER SEVENTEEN. THE POLICE SERVICE 172. The Police Service 173. The Police Council 174. Functions of the Police Council 175. Regional Police COllllllittees
CHAPTER EIGHTEEN NATIONAL SERVICE 176. National Service Board
CHAPTER NINETEEN CHIEFTAINCY 177. Institution of Chieftaincy 178. Nationtll House of ChiefS 179. National Chieftaincy Tribunal 180. Regional House of Chiefs J 81.. Definition of Chief
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CHAPTER TWENTY -TflltEE COMMISSIONS OF INQUIRY Article 196. Appointment of Commission of Inquiry 197. Powers of Commission of Inquiry 198. Functions of Commission of Inquiry 199. Inquiry Procedure
CHAPTER TWENTY-FOUR CODE OF CONDUCT FOR PUBLIC OFFICERS 200. Conflict of Interest 201. Other Public Appointments 202. Gifts or benefits in kind 203. Bribery of Public Officers 204. Abuse of Powers 205. Declaration of Assets 206. Managing Assets of Public Officers 207. Complaints of Contravention 208. Agents, Nominees, etc. 209. Interpretation
CHAPTER TWENTY -FIVE AMENDMENTS TO THE CONSTITUTION 210. Amendments to the Constitution
CHAPTER TWENTY mSIX MISCELLANEOUS 211. Claims against Government 212. Legal Aid 213. Interpretation 214. Exercise of Discretionary Power 215. Implied Power 216. Residual Powers of Parliament 217. Transitional Provisions xv
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.fIRST SCHEDULE
TRANSITIONAL PROVISIONS
PART 1
FiRST PRESIDENT
PART II FIRST PARLIAMENT
PART III
THE. JUDICIARY
PART IV MISCELLANEOUS
PART V
PUBLIC CORPORATIONS
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1979- Constitution of Ghana
Course: LAW (LLB)
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