Report on Citizenship Law: Ghana
2.1.4 Citizenship Law under the Supreme Military Council (1975 – 1979) and the Armed
Forces Revolutionary Council (Jun 1979 – Sep 1979)
After nearly two decades of gradually more hostile immigration politics enshrined in citizenship
law, the denationalisation of persons with an immigration background reached its peak from
1978 to 1979. Over the course of these two years, two consecutive military councils simply
listed the names of people who, by decree, were to lose their Ghanaian citizenship. The
Supreme Military Council (SMC), in 1978 denationalised two citizens, who, judging from their
names, had Middle Eastern family backgrounds. The reasons given for denationalising
Mohamed Fouad Fattal and Mahmoud Fattal were: ‘serious trade malpractices’, ‘activities
constituting economic sabotage and subversion of the economy of Ghana contrary to the
public interest’. (Ghana Nationality (Amendment) Decree of 1978). Since Ghana did not allow
for dual citizenship at that time, the SMC thereby rendered the two men stateless. In 1979, the
Armed Forces Military Council (AFMC) repeated the denationalisation process, this time listing
a total of 44 people to denationalise via decree. Again, judging by the names, the people
targeted were mainly descendants of Middle Eastern immigrants. This time also, the military
council did not even bother to give a reason for the mass denationalisation but simply declared
it to be in the public interest (Ghana Nationality (Amendment) Decree of 1979).
Ghana was far from the only African country which gradually developed more and more
hostile citizenship regulations in the 1960s and 1970s. Confronted with having to form a nationstate within arbitrarily drawn colonial borders, African leaders in other countries also opted for
anti-immigration politics that denationalised and disowned ‘non-indigenous’ minorities. Sierra
Leone, for instance, marginalised Middle Eastern immigrants and their descendants in a similar
way to Ghana, with citizenship laws that required so-called ‘negro African descent’ and
restricted non-citizens’ rights to own property (Manby 2018, 164-181). In East Africa, people
of South Asian descent had a similar – and in Uganda, a much worse – fate. Similar to the
Middle Eastern immigration to West Africa, people from the Indian sub-continent had migrated
to Kenya and Uganda during colonial times. Their descendants’ right to citizenship was
contested and restricted in both countries. Most egregiously, Idi Amin expelled the entire
‘Asian’ population of Uganda in 1972 (see the case of immigrants’ struggle for citizenship in
Sierra Leone and Uganda Manby (2009; 2018, 193-199)).
2.3 The 1979 Constitution and the Abatement of Citizenship Politicisation
In Ghana, the politicisation of citizenship subsided in the 1980s. In 1979, the Armed Forces
Revolutionary Council gave the country a new Constitution before handing over power to a
short-lived civilian government, which was toppled just three years later, in 1981. This 1979
Constitution took back some of the harshest citizenship provisions enacted during the previous
decade. Most importantly, the descent-based provisions for those born in Ghana after the entry
into force of the 1979 constitution were relaxed to require that at least one parent or
grandparent was a Ghanaian citizen; while the rule remained that at least one parent must be
a Ghanaian citizen for those born outside Ghana (Constitution of 1979, section 13).
Moreover, the 1979 Constitution, for the first time, allowed Ghanaian women to confer
their citizenship on their spouses, although the provisions for conferring citizenship onto a male
spouse still differed from those for female spouses. For women, the 1979 Constitution simply
stated that they could apply to be registered as citizens of Ghana if they were married to a
Ghanaian citizen and they lost their citizenship upon divorce. Men, however, had to prove that
they were in a monogamous relationship and lived in Ghana for a continuous period of at least
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