CHAPTER
001
THE CONSTITUTION
THE
CONSTITUTION OF THE REBUPLIC OF GHANA 1992
1
(1)
The Sovereignty of Ghana resides in the people of Ghana in whose
name and for whose welfare the powers of government are to be exercised
in the manner and within the limits laid down in this Constitution.
(2)
This Constitution shall be the supreme law of Ghana and any other
law found to be inconsistent with any provision of this Constitution
shall, to the extent of the inconsistency, be void.
2(1)
A person who alleges that - (a)
an enactment or anything contained in or done, under the authority
of that or any other enactment; or
(b)
any act or omission of any person;
is inconsistent with, or is in contravention
of a provision of this Constitution, may bring an action in the
Supreme Court for a declaration to that effect.
(2)
The Supreme Court shall, for the purposes of a declaration under
clause (1) of this article, make such orders and give such
directions as it may consider appropriate for giving effect, or
enabling effect to be given, to the declaration so made.
(3)
Any person or group of persons to whom an order or direction is
addressed under clause (2) of this article by the Supreme Court,
shall duly obey and carry out the terms of the order or direction.
(3)
Any person or group of persons to whom an order or direction is
addressed under clause (2) of this article by the Supreme Court,
shall duly obey and carry out the terms of the order or direction.
(4)
Failure to obey or carry out the terms of an order or direction
made or given under clause (2) of this article constitutes
a high crime under this Constitution and shall, in the case of the
President or the Vice President, constitute a ground for removal
from office under this Constitution.
(5)
A person convicted of a high crime under clause (4) of this article
shall-
(a)
be liable to imprisonment not exceeding ten years without the option
of a fine; and
(b)
not be eligible for election, or for appointment, to any public
office for ten years beginning with the date of the expiration of
the term of imprisonment.
3(1)
Parliament shall have no power to enact a law establishing a one-party
state. (2)
Any activity of a person or group of persons which suppress or seeks
to suppress the lawful political activity of any person or any class
of persons, or persons generally is unlawful.
(3) Any person who- (a)
by himself or in concert with others by any violent or other
unlawful means, suspends or overthrows or abrogates this Constitution
or any part of it, or attempts to do any such act; or
(b)
aids and abets in any manner any person referred to in paragraph
(a) of this clause; commits the offence
of high treason and shall, upon conviction, be sentenced to
suffer death.
(4)
All citizens of Ghana shall have the right and duty at all times-
(a)
to defend this Constitution, and in particular, to resist any person or group of
persons seeking to commit any of the acts referred to in clause
(3) of this article; and
(b)
to do all in their power to restore this Constitution after it has been suspended,
overthrown, or abrogated as referred to in clause (3) of
this article.
(5)
Any person or group of persons who suppresses or resists the suspension, overthrow
or abrogation of this Constitution as referred to in clause (3)
of this article, commits no offence.
(6)
Where a person referred to in clause (5) of this article is punished for any act done
under that clause, the punishment shall, on the restoration of this
Constitution, be taken to be void from the time it was imposed and
he shall, from that time, be taken to be absolved from all liabilities
arising out of the punishment.
(7)
The Supreme Court shall, o application by or on behalf of a person who has suffered
any punishment or loss to which clause
(6) of this article relates,
award him adequate compensation, which shall be charged on the Consolidated
Fund, in respect of any suffering or loss incurred as a result of
he punishment.
|