This comes after the Apex court, in a 6-1 majority decision, struck provisions of the Citizenship Acts 2000 as unconstitutional, paving the way for dual citizens to be appointed to key government positions previously restricted to single citizens.

A lawyer named Bright Otchere Agyekum filed the action in the Supreme Court challenging sections of the Citizenship Acts 2000, which prohibited certain persons from having access to high offices.

Mr Bright argued that those specific acts in Section 16 of the Citizenship Acts 2000 clearly contravened the 1992 Constitution, for which reason he and his team of lawyers wanted the Supreme Court to strike them down as unconstitutional.

It took some back and forth in the Supreme Court as Mr Agyekum and his team made their point about why they believed that these sections of the Citizenship Acts were unconstitutional and had to be struck out.

The Supreme Court, after thorough consideration, rendered their decision. In a 6-1 majority decision, the court ruled that Section 16(2)(a) to (l) of the Citizenship Acts 2000 was unconstitutional and struck it out as unconstitutional.

Reacting to the Supreme Court ruling on JoyNews on Thursday, April 25, Prof Asare said this is a battle that has been waged since 2006, stating that he has always had problems with the way the court and the country interpreted Article 94(2)(a) and also Article 8(2) of the constitution.

He noted that Article 94(2)(a) has not been touched by the court after its decision to strike out section 16 of the Citizenship Acts as unconstitutional.

“Article 94(2)(a) has not been touched at all. That is the article that disqualifies persons who owe allegiance to countries other than Ghana from becoming MPs and of course, if you cannot become an MP, there are other positions you cannot hold.”

He argued that this article has not been touched by the court, adding that it is currently in Parliament and things are being done to amend the Act.

The CDD Fellow explained that the Supreme Court has only struck out Section 16(2) of the Citizenship Act that he had previously raised a similar issue in court where he argued that it was unconstitutional for Parliament to add offices without specifically amending the constitution.

“But the court then did not agree with me, it was a 7-2 decision. So I’m very happy that the court appears to have departed…… and now said look, you cannot just disqualify people without amending the constitution.

“If you want to disqualify people, then you have to amend the constitution. You cannot just get a majority of one and then say well, everyone who works for JoyFM is disqualified from holding office. No, you can’t do that, it has to be a constitutional amendment,” he stressed.

Mr Asare emphasised that nothing would be lost if a Member of Parliament is a dual citizen. He stated that there is no cause for concern even if there are two or three MPs in Parliament who hold dual citizenship.

“What is the fear that one, two, or three people who are dual citizens are going to go to Parliament and suddenly cause havoc?

“Our bigger problem is not with dual citizens; our bigger problem is with people, single citizens, or dual citizens who are greedy, who are corrupt, stealing money, and so on,” he said.

He expressed that every Ghanaian, regardless of their location in the world, is welcome to contribute to solving the country’s problems.

Prof Asare added that in these modern times, the country must embrace the reality that due to increased mobility, individuals may hold multiple citizenships.

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In a 6-1 majority decision, the court declared Section 16(2)(a) and 16(2)(h)-(l) of the Citizenship Act 2000 (Act 591)

It said the sections breached Article 289(2) of the 1992 Constitution, which states that the constitution shall not be amended or altered by an Act of Parliament.  

Bright Okyere-Adjekum, a legal practitioner, filed the suit at the apex court.

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The court is hearing a petition filed by one Joshua Emuah Kofie, challenging the eligibility of madam Affo-Toffey as MP because, according to him, the incumbent MP is ‘unfit’ to represent the people of Jomoro constituency in the Western Region.

The petitioner contends that the defendant, madam Affo-Tottey, had at the time of filing her nomination to contest the 2020 parliamentary election, failed to renounce her citizenship of Ivory Coast.

Upon several attempts by lawyers of the petitioner to get the defendant avail documentation that proves otherwise, the court ruled that the defendant should produce the evidence. This intervention by the court is expected to bring finality to this matter.

Justice Dr Richmond Osei Hwere, who presided over the case, advised counsel for the defendant to produce the original documentation of renunciation of Ivorian citizenship within the stipulated time.

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Counsel for the Member of Parliament (MP), Abraham Amaliba, wrote to the court to withdraw from the case.

Based on that, the MP is expected to search for a lawyer to represent him after he’s been served so he would be represented in court.

But it turned out that the Express Mail Service failed to carry out the court’s order.

In court on Tuesday, Mr Amaliba, who was earlier tasked by the court to facilitate the service of the MP, told the presiding judge, Justice Kwasi Boakye, that the Express Mail Service used by the bailiff to serve the MP suffered some setbacks.

Consequently, a bailiff in Accra that was supposed to deliver the notice of service to the MP has been unable to do so.

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In the course of the interrogation of the EMS official, the presiding judge announced to the court that the MP had petitioned the Chief Justice to intervene and the court would have to adjourn proceedings.

The court is to wait on the directions by the Chief Justice on allegations of bias that the MP has raised against the judge in the petition.

Representative of the Petitioner, Richard Tachie-Mensah, said the MP and his lawyer, could have saved them the back and forth if they wanted fairness and justice to take its course.

“It’s just a ploy, but it can’t go on in perpetuity. They are determined to delay the case at all costs. Mr Amaliba could have easily told the MP that he was no longer interested in the case rather than all this,” he said.

The Court consequently adjourned the matter to June 28, by which time it believes the Chief Justice would have decided what ought to be done relative to the petition brought before him by the Assin North MP.

Details of Adelaide Yaa Agyeiwaa Ntim’s American passport popped out on social media, raising eyebrows over the legitimacy of her candidature.

The MP-elect however says she denounced her American citizenship on August 2020, ahead of the 2020 elections.

The MP-elect with an affirmation of renunciation document proves her US citizenship was renounced, adding it makes no sense for people to say otherwise.

Madam Adelaide accused some members of her party of being behind the circulation of the false information.

She has dared any member who has a basis to support their claims to go to court rather than blow hot air.

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Ghana’s constitution frowns on an elected Member of Parliament holding other passports aside from that of Ghana.

Holding dual citizenship will not only cause loss of a seat won but deemed criminal.