Report on Citizenship Law: Ghana
One legal debate concerns the exact point at which dual citizens would have to
renounce their second citizenship before being allowed to run for public office. This debate
arose when it transpired that the 2020 elected Member of Parliament, James Gyakye Quayson
of the oppositional National Democratic Congress (NDC), held dual Ghanaian-Canadian
citizenship when he submitted his documents for candidacy to the Electoral Commission of
Ghana to run for office in the 2020 general elections. Quayson held that he had already applied
for a renunciation of his Canadian second citizenship in 2019. In October 2020, he submitted
his documents for nomination to run for the office of MP. In November 2020, he received his
confirmation of renunciation of Canadian citizenship and only in December 2020, he said in
his defence, he started his election campaign. While Quayson argued that he did not violate
the constitution because he only started running for office after he had received his
renunciation documents, the Ghanaian High Court ruled in 2021 that Quayson’s election was
‘null and void and of no legal effect’ (Nimafah vs Quayson & 2 Ors, GHASC 31, 17 May 2023,
2). In 2023, the Ghanaian Supreme Court upheld the High Court’s ruling. It reasoned that the
point at which candidates can no longer hold dual citizenship is the point at which candidates
file their documents for nomination to the Ghanaian Electoral Commission (Nimfah vs Quayson
& 2 Ors, GHASC 31, 17 May 2023). Although Quayson had applied to renounce his Canadian
citizenship, he had not yet received official confirmation of the renunciation and thus still held
dual citizenship when taking the decision to stand for office. With this decision, the Supreme
Court also underlined a previous ruling from 2012, which held that imposing exclusions from
offices on dual citizens is constitutional (Asare vs Attorney General, GHASC 31, 22 May 2012).
The other legal debate concerns the exact offices from which dual citizens can lawfully
be excluded. A ruling by the Supreme Court from 24 April 2024 declared the exclusion from
certain public offices as unconstitutional; for two main procedural reasons. Firstly, the 1996
amendment to the Constitution states a list of public offices which dual citizens cannot hold, to
which the 2000 Citizenship Act added six further offices. This addition, the court ruled,
amounted to an amendment of the Constitution without an actual Constitution amendment act
and was, therefore, null and void. Secondly, the addition of these offices did not follow
parliamentary procedure as they were added towards the end of the parliamentary debate
phase in a way that did not give MPs the appropriate time for consideration (Osei-Bonsu vs
Attorney General, 24 Apr 2024). Both rulings, Nimafah vs Quayson and Osei-Bonsu Attorney
General indicate that the question of whether dual citizens can hold important public offices
has recently received increased public interest.
4.2 Dual Citizenship and Public Offices: The 2021 Citizenship (Amendment) Bill
Recent political developments indicate a possibility of new citizenship legislation. While Nimfah
vs Quayson was ongoing, a Member of Parliament of the ruling NPP, Kennedy Osei Nyarko,
proposed a private member’s bill to amend the citizenship act so that MPs could hold dual
citizenship (Asare 2022; GhanaWeb 2023, 2021; Modern Ghana 2021). His Citizenship
(Amendment) Bill proposed: ‘to remove restrictions imposed on dual citizens from holding
certain public offices specified in subsection (2) of section 16 of [the Citizenship Act]’ (Republic
of Ghana, Parliamentary Debates Official Report, 28 Oct 2021, Col. 26). So far, the bill has
been read once. The first reading did not reveal any arguments for or against the bill but simply
stated that it had been presented by Osei Narko and referred to the Committee on Constitution,
Legal and Parliamentary Affairs.
The bill is in line with the ruling NPP’s policy on dual citizenship. Back in 2020, the NPP
released its Diaspora Engagement Policy, aimed at forging closer ties with Ghanaians in the
Diaspora by offering them more citizenship rights (among other things). A key issue that the
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