Ghana 1992 Constitution (reviewed 1996)

Preamble

IN THE NAME OF THE ALMIGHTY GOD

We the People of Ghana,

IN EXERCISE of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity;

IN A SPIRIT of friendship and peace with all peoples of the world;

AND IN SOLEMN declaration and affirmation of our commitment to;

Freedom, Justice, Probity and Accountability,

The Principle that all powers of Government spring from the Sovereign Will of the People;

The Principle of Universal Adult Suffrage;

The Rule of Law;

The protection and preservation of Fundamental Human Rights and Freedoms, Unity and Stability for our Nation;

DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

CHAPTER 1. THE CONSTITUTION

1. SUPREMACY OF THE CONSTITUTION

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. ENFORCEMENT OF THE CONSTITUTION

1. A person who alleges that –
   1. an enactment or anything contained in or done under the authority of that or any other enactment; or
   2. 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.
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-
   1. be liable to imprisonment not exceeding ten years without the option of a fine; and
   2. 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. DEFENCE OF THE CONSTITUTION

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 suppresses or seeks to suppress the lawful political activity of any other person or any class of persons, or persons generally is unlawful.
3. Any person who-
   1. 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
   2. 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 –
   1. 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
   2. 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, on 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 the punishment.