THE CONSTITUTION OF THE REPUBLIC OF GHANA 1992
Preamble
First Schedule
Second Schedule
The Constitution
Territories of Ghana
Citizenship
The Laws of Ghana
Fundamental Human Rights and Freedom
The Directive Principles of State Policy
Representation of the People
The Executive
The Council of State
The Legislature
Parliament
The Judiciary
Freedom and Independence of the Media
Finance
The Public Service
The Police Service
The Prisons Service
The Armed Forces of Ghana
Commission on Human Rights and Administrative Justice
National Commission for Civic Education
Decentralization and Local Government
Land and Natural Resources
Chieftancy
Code of Conduct for Public Officers
Ammendments of the Constitution
 
FIRST SCHEDULE

14.

(1) Notwithstanding anything in this Constitution to the contrary any commission or committee of inquiry in existence immediately before the coming into force of this Constitution may continue in existence until the submission of its report or until it is otherwise dissolved in accordance with law.

(2) For the avoidance of doubt, the report and findings of a commission or committee of inquiry established before the coming into force of this Constitution under any enactment shall have the same effect as the report or findings of a commission of inquiry established under this Constitution.

15.

Where any matter or thing has been commenced before the coming into force of this Constitution by a person or authority that has power for the purpose under the existing law, that matter or thing may be carried on and completed by the person or authority having power for the purpose after the coming into force of this Constitution; and it shall not be necessary for the person or authority to commence the matter or thing afresh.

16.

The Presidential seal, the Public seal, the seals of the Superior Courts as well as any prescribed forms in use under any enactment in force immediately before the coming into force of this Constitution shall continue to be used until provision is otherwise made for them.

17.

The prerogative of mercy of the President under article 72 of this Constitution may be exercised in respect of any criminal offence committed before the coming into force of this Constitution as it may in respect of a criminal offence committed thereafter.

18.

(1) The Consolidated Fund and the Contingency Fund in existence immediately before the coming into force of this Constitution, shall, until otherwise provided by law, continue in existence as the Consolidated Fund and the the Contingency Fund referred to in article 175 of this Constitution.

(2) Subject to this Constitution, every payment required or authorised to be made into a public fund or out of a public fund under any enactment in force immediately before the coming into force of this Constitution shall continue to be made into or out of that fund.

19.

Notwithstanding any law to the contrary, the financial estimates in operation for the financial year in being at the coming into force of this Constitution shall, until provision is otherwise made by Act of Parliament, continue and shall have full effect.

20.

All compensations, pensions, gratuities and similar allowances granted in accordance with the provisions of any Constitution or any other law formerly in force in Ghana and which were payable immediately before the coming into force of this Constitution, shall, notwithstanding the abrogation or repeal of any such Constitution or law, as the case may be, continue to be payable and are charged on the Consolidated Fund.

21.

Where immediately before the coming into force of this Constitution any existing enactment had not been brought into force or was to come into force on a date subsequent to such coming into force, the enactment may be brought into force in accordance with its terms, or shall come into force upon such subsequent date, as the case may be.

22.

(1) The register of voters for public election and referenda in existence immediately before the coming into force of this Constitution shall, on the coming into force of this Constitution, have effect as if it was compiled under this Constitution.

(2) Subject to this Constitution, the Interim National Electoral Commission in existence immediately before the coming into force of this Constitution shall, on the coming into force of this Constitution and until the President appoints the members of the Electoral Commission under section 9 of this Schedule, exercise the functions and powers provided for the Electoral Commission in this Constitution.

23.

(1) Until Parliament otherwise provides by law, existing laws regulating the operation of District Assemblies and other local authorities shall continue to regulate their operations.

(2) Until Parliament establishes the District Assemblies Common Fund in accordance with article 252 of this Constitution, all taxes and other moneys collected exclusively for District Assemblies shall continue to be collected exclusively for District Assemblies under the enactments under which they were collected.

24.

The National House of Chiefs, the Regional Houses of Chiefs, the traditional councils and all Judicial Committees of those bodies in existence immediately before the coning into force of this Constitution shall, on the coming into force of this Constitution, continue in existence subject to this Constitution.

25.

The Oaths Decree, 1972 (NRCD 6), as amended, shall have effect subject to the provisions of this Constitution.

26.

Except where the context otherwise requires and subject to the other provisions of this Part, in all enactments in existence immediately before the coming into force of this Constitution -

(a) for any reference to the Provisional National Defence the Cabinet;

(b) for any reference to the Secretary to the Provisional National Defence Council where the reference relates to the Cabinet the reference shall be a reference to the Secretary to the Cabinet,

(c) any reference to the Secretary to the Committee of Secretaries shall be a reference to the Head of the Civil Service;

(d) for any reference to a Secretary, being an individual of ministerial rank, there shall be substituted a reference to a Minister;

(e) for any reference to a Member of the Provisional National Defence Council responsible for any subject or department of State there shall be substituted a reference to the Minister responsible for that subject or department of State

27.

In this Constitution, any reference to the Chief of Defence Staff shall be deemed to include any person who holds or held the office of General Officer Commanding.

28.

(1) A reference to the Government in an enactment in existence immediately before the coming into force of this Constitution, where the reference relates to a legislative function normally performed by Parliament or a National Assembly shall be construed as a reference to Parliament.

(2) A reference to the Government in an enactment in existence immediately before the coming into force of this Constitution, where the reference relates to an executive function of the Government, shall be construed as a reference to the President.

29.

(1) A reference to the Provisional National Defence Council in any enactment in existence immediately before the coming into force of this Constitution, where the reference was originally a reference to the President shall, be construed as a reference to the President.

(2) A reference to the Provisional National Defence Council in any enactment in existence immediately before the coming into force of this Constitution, where the reference relates to a legislative function normally performed by Parliament or a National Assembly shall be construed as a reference to Parliament.

(3) A reference to the Provisional national Defence Council in any enactment in existence immediately before the coming into force of this Constitution, where the reference relates to an executive function of the Council shall be construed as a reference to the President.

(4) A reference to the Provisional national Defence Council in any enactment in existence immediately before the coming into force of this Constitution, where the reference relates to the making of a statutory instrument, shall be construed as a reference to the President or to any Minister or authority designated by the President.

30.

The First President under this Constitution may, at any time within twelve months after assuming office as President, by constitutional instrument, make such provision as may appear necessary for repealing, modifying, adding to or adapting any law for bringing it into accord with the provisions of this Constitution or otherwise for giving effect to this Constitution.

31.

(1) Where any matter that falls to be prescribed or otherwise provided for under this Constitution by Parliament or by any other authority or person, is prescribed or provided for by or under any existing law or is otherwise lawfully prescribed or provided for immediately before the coming into force of this Constitution, that prescription or provision shall, as from the coming into force of this Constitution, have effect with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this constitution as if made under this Constitution by parliament or, as the case may be, by the other authority or person.

(2) For the avoidance of doubt, and without prejudice to the general effect of subsection (1) of this section, where anything is required or authorised by this Constitution to be prescribed or provided for by or under an Act of Parliament, it shall be deemed to be duly prescribed or provided for, if it has been prescribed or provided for by or under an Act, Decree, or a Law in force immediately before the coming into force of this Constitution.

32.

(1) Subject to the provisions of articles 257 and 258 of this Constitution, all properties and assets which immediately before the coming into force of this Constitution were vested in any authority or person for the purposes of, or in right of, the Government of Ghana or in the Government of Ghana, shall, on the coming into force of this Constitution, without further assurance than this section, vest in the President.

(2) Any property which was liable, immediately before the coming into force of this Constitution, to estreat or to be forfeited to the Government of Ghana shall be liable to estreat or to be forfeited to the Government of Ghana under this Constitution.

(3) Where immediately before the coming into force of this Constitution any person held any property or asset in trust -

(a) for the President of Ghana under the Constitution that was abrogated on 31st December, 1981; or

(b) for the Provisional National Defence Council or the Government of Ghana;

for the purposes of, or in right of, the Government of Ghana, that person shall, on the coming into force of this Constitution, hold the property or asset subject to the provisions of articles 257 and 258 of this Constitution, on the same trust for the Government of Ghana established under this Constitution.

(4) In this section, references to property and assets vested in or held in trust shall include property and assets vested in or held in trust immediately before the 31st day of December 1981, for an interest which extended beyond the 30th day of December, 1981 and has not been surrendered.

CONTINUE

 

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