Julia Schweers
shall, unless she renounces that citizenship, continue to be a citizen of Ghana.’ (1992 (1996)
Constitution, 7(3)). The Constitution does not elaborate on the consequences of a divorce for
a man who acquired Ghanaian citizenship through marriage. Similarly, a child of a woman who
acquired citizenship through marriage automatically remains a Ghanaian citizen when the
parents’ marriage is dissolved. (1992 (1996) Constitution, 7(4)). Again, there are no provisions
in the Constitution for the case of a registered man’s child should the man and his Ghanaian
spouse divorce.
Interestingly, the 2000 Citizenship Act removed some of the gender inequalities in the
Constitution, thereby contradicting it without being able to override it. In case of a divorce, the
2000 Citizenship Act states that the registered spouse remains a Ghanaian citizen, no matter
what gender, and so does also any child born to parents who later divorce. Moreover, whether
or not a marriage is entered in good faith shall, according to the Citizenship Act, be established
regardless of the gender of the spouse. Confusingly, in the 2000 Citizenship Act, the residence
requirements for registration as a Ghanaian citizen upon marriage only apply to men
(Citizenship Act, No.591 of 2000, section 10(2) – 10(6)). There does not seem to be any case
law that addresses the mismatch between the Constitution and the Citizenship Act.
Beyond this focus on citizenship acquisition through marriage, there are three more ways
of acquiring citizenship after birth detailed across the Constitution’s chapter on citizenship.
First, foundlings of not more than seven years of age should be retrospectively presumed to
be citizens of Ghana by birth (Constitution of 1992, section 7(3)). Secondly, an adopted child
of no more than sixteen years of age should become a Ghanaian citizen upon adoption, no
matter the citizenship of the child’s biological parents (Constitution of 1992, section 7(4)). Both
provisions are generous in comparison with other African countries (Manby 2018, 131–132).‘’
Interestingly, the 1992 Constitution does not consider any route to Ghanaian citizenship
through residence. Although the Ghanaian parliament did in its deliberations on the 1996
Constitution Amendment Bill discuss this oversight of immigrants’ right to naturalise (Republic
of Ghana, Parliamentary Debates, 29 Oct 1996), the 1996 Amendment in the end did not add
any provisions for acquiring citizenship based on residence in the country, leaving
naturalisation to legislation as in other Commonwealth countries The 2000 Citizenship Act fills
this gap and states that:
‘A citizen of age and capacity of any approved country may upon an application,
and with the approval of the President, be registered as a citizen of Ghana if he
satisfies the Minister that – (a) he is of good character; (b) he is ordinarily resident
in Ghana; (c) he has been so resident throughout the period of five years or such
shorter period as the Minister may in the special circumstances of any particular
case accept, immediately before the application and (d) he can speak and
understand an indigenous language of Ghana. […] A person shall not be registered
as a citizen unless he has taken the oath of allegiance.’ (Citizenship Act, No.591
of 2000, section 10(1a)-10(1d), 10(8))
Residence requirements for naturalisation further detail that the five years of residence
do not need to be consecutive but can be aggregated over a period of seven years, as long as
the applicant has been residing in Ghana for a period of twelve months immediately preceding
the date of the application (Citizenship Act, No.591 of 2000, section 14(1a)) - 14(1b)). Closely
following previous legislation, the 2000 Citizenship Act still lists a number of vague
requirements for acquiring Ghanaian citizenship that make it easy to deny a person’s
application for naturalisation. The 2000 Citizenship Act states an even longer list of nine
requirements. Some of them solely give more detail to the constitution’s requirements, such
as 14(1c), which details that ‘good character’ should be ‘attested to in writing by two Ghanaians
being notaries public, lawyers, or senior public officers’. Other requirements for naturalisation,
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Robert Schuman Centre for Advanced Studies - EUI