The Council of State has advised against the passage of the Constitution of Ghana (Amendment) Bill, 2025, which sought to allow persons holding dual citizenship to occupy a defined list of sensitive public offices.
If passed, the Bill would have opened positions such as Member of Parliament, Ambassador or High Commissioner, Chief of Defence Staff or any military Service Chief, Inspector-General of Police, Secretary to the Cabinet, and Director of the Immigration Service to dual citizens — roles currently restricted under Article 8(2) of the 1992 Constitution to persons without dual allegiance.
The Bill had its first reading in Parliament in February 2026 and was referred to the Constitutional and Legal Affairs Committee by the First Deputy Speaker, Bernard Ahiafor, for detailed scrutiny.
Lead co-sponsor Davis Ansah Opoku, the New Patriotic Party (NPP) Member of Parliament for Mpraeso, had defended the proposal, saying it was about recognising modern realities rather than questioning anyone’s loyalty.
President John Mahama had publicly backed the reforms, telling a Diaspora Town Hall meeting in London on May 31 that government legislation was before Parliament to allow Ghanaians in the diaspora holding other passports to participate in politics at the parliamentary and ministerial levels.
He said he privately referred to the proposal as the “Gyakie Quayson law,” a reference to Assin North MP James Gyakie Quayson’s protracted legal battles over his citizenship status and parliamentary seat.
President Mahama cited diaspora remittances of approximately $7.8 billion in the previous year as evidence of the diaspora’s economic contribution, describing overseas Ghanaians as the country’s “17th region.”
The Council of State’s advisory role gives its position significant constitutional weight, given its mandate to advise the President on matters of national importance, including proposed constitutional amendments. Its opposition to the Bill represents a major setback for a reform effort that had received backing from the Presidency and cross-party sponsorship.
The proposal had attracted mixed reactions since its introduction.
In May 2024, the Supreme Court struck down a related legislative provision in the Citizenship Act, ruling that parts of the extended list of restricted offices were unconstitutional — underscoring the contested and legally sensitive nature of dual citizenship restrictions under Ghana’s constitutional framework.
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