News:
July 8, 2026
Speaker of Parliament Rt. Hon. Alban Sumana Kingsford Bagbin has revealed that the Council of State has advised against the passage of the Constitution of the Republic of Ghana (Amendment) Bill, 2025, which seeks to remove citizenship-based disqualifications from public office.
In a statement to Parliament, the Speaker disclosed that he received the Council’s advisory opinion on April 29, 2026, following the Bill’s referral on March 30, 2026, in accordance with Article 291(2) of the Constitution. The Bill, originally sponsored by Hon. Kennedy Osei Nyarko, MP for Akyem Swedru, seeks to amend provisions relating to dual citizenship restrictions that currently bar certain individuals from holding public office.
The legislative effort is not new to the current Parliament. The Bill was first introduced in the Eighth Parliament in 2021, passed through the Second Reading stage on July 30, 2024, but lapsed upon the dissolution of that Parliament on January 6, 2025. The Ninth Parliament revived the Bill after the Attorney-General reviewed and endorsed it, and it was subsequently co-sponsored by four Members of Parliament including Hon. Kwame Governs Agbodza and Hon. Emmanuel Armah-Kofi Buah.
While emphasizing that the Council’s advice is not binding on Parliament, Speaker Bagbin noted that the opinion raises significant constitutional questions that demand careful consideration. He stressed that under Article 291(2), the Council is constitutionally empowered to provide advice, not approval or consent, and Parliament retains exclusive competence to determine whether and how the Constitution should be amended.
The Speaker’s guidance to the Constitutional and Legal Affairs Committee highlights several critical constitutional issues, including whether repealing Article 94(2)(a) would indirectly affect entrenched provisions, particularly Article 62(c), which incorporates parliamentary qualifications into presidential eligibility. This raises the question of whether the amendment should proceed under Article 291 or the more stringent Article 290 procedure.
Bagbin drew attention to the Supreme Court’s recent decision in Francis Osei-Bonsu v Attorney-General, which reinforced the principle that constitutional alterations must follow prescribed amendment procedures. He noted that while the Bill invokes Chapter 25 of the Constitution, the Council’s objection centres on whether the repeal would constitute an indirect amendment of entrenched constitutional architecture.
The Speaker also addressed the Council’s concerns about national security, divided loyalty, and institutional accountability, describing them as legitimate governance considerations but not conclusive constitutional barriers. He argued that the Constitution already contains safeguards against conflicts of interest, including Article 284, oath requirements, impeachment processes, and anti-corruption laws.
Speaker Bagbin has referred the Bill, together with the Council’s advisory opinion and his written guidance, to the Committee on Constitutional and Legal Affairs for consideration and reporting to the House, pursuant to Article 106(4) of the Constitution and Order 165 of the Standing Orders of Parliament.
Dominic Shirimori/Ghanamps.com