Ghana's Council of State has advised against the passage of the Constitution of the Republic of Ghana (Amendment) Bill, 2025. This bill aims to remove constitutional restrictions that currently bar dual citizens from holding various public offices.
The Council's advice, delivered on July 7, 2026, is not legally binding on Parliament. This position marks a reversal for the Council, which previously endorsed similar reforms during the Eighth Parliament. The decision comes despite increasing legal and economic arguments supporting the bill's passage.
This development occurs as Ghana's diaspora remittances have reached approximately GHS 93.6 billion (US$7.8 billion) annually. This figure significantly surpasses foreign direct investment and rivals key exports like gold and cocoa in supporting the national balance sheet. President Mahama has recognized the diaspora as Ghana's "17th region," highlighting their economic importance.
Legal experts argue that the Council's advice is flawed in law, history, and comparative democratic practice. The Supreme Court has already dismantled parts of the exclusionary regime, with a May 2024 ruling striking down Parliament's statutory additions to the list of excluded offices. This decision means a dual citizen can now lawfully serve as Chief Justice but not as a Member of Parliament or Director of Immigration, a situation critics describe as illogical.
The 1992 Constitution initially stripped Ghanaians of citizenship if they acquired another. A 1996 amendment, Act 527, allowed dual citizenship but included a rider in Article 8(2) barring dual citizens from specific offices. These included Ambassador, Secretary to the Cabinet, Chief of Defence Staff, and Inspector-General of Police. Parliament later expanded this list through Section 16(2) of the Citizenship Act, 2000 (Act 591), to include the Chief Justice and Supreme Court Justices.
The Supreme Court, in Asare v. Attorney-General (2012), struck down the requirement for dual citizens to obtain a certificate before exercising their rights. Justice Akuffo then described the Act 591 exclusions as making a mockery of the Constitution. The recent 6–1 Supreme Court decision in May 2024 further clarified that the Constitution cannot be amended by ordinary Act, thereby invalidating many of Parliament's previous additions to the excluded offices list.
The practical implications are significant. The case of James Gyakye Quayson, MP for Assin North, illustrates the issues. His election was annulled due to questions about the timing of his renunciation of Canadian citizenship, leading to years of litigation and a by-election. This consumed judicial time and public money over a technicality, not an allegation of disloyalty.
Professor Stephen Kwaku Asare has consistently argued that Ghana's governance challenges stem from greed and corruption, not dual citizenship. The current regime also has a discriminatory dimension, disqualifying children of mixed ECOWAS marriages from national service due to their dual nationality. This contradicts Article 17 of the Constitution, which commits to non-discrimination.
Ghana's stance on dual citizenship contrasts with regional trends. In May 2025, South Africa's Constitutional Court struck down the automatic loss of citizenship upon acquiring another nationality. Countries like Kenya, Nigeria, and Rwanda are also moving towards more inclusive policies. The Council's advice risks positioning Ghana, historically a democratic leader in the region, behind this reform movement.
The Parliament must now decide whether to heed the Council's non-binding advice or proceed with the bill. The decision will impact Ghana's economic engagement with its diaspora and its commitment to constitutional principles of equality and inclusion. Observers will closely watch how Parliament navigates these legal, economic, and political considerations.