Supreme Court Of Ghana Erred On Matters On Dual Citizenship

It is universally acknowledged that a woman is equal to a man but not identical to a man, so the Holy Quran, one of the Holy Books of God (Allah) regards a woman an honoured vessel same as in the Holy Bible at 1 Peter verse 3;7. The Holy Books prohibit a woman from marrying more than one husband simultaneously in order to ensure no sharing of loyalty (responsibility) on bed with more than one husband at the same time.

This decree in the Holy Quran of Allah is in consonance with a decree in another Holy Book of God as the Holy Bible at Mathew Chapter 16 at verse 24 that ‘No one can be a slave to two masters at the same time since he will either hate one and love the other or be devoted to one and despise the other’.

Both of these two decrees are used to tell profoundly about the importance of allegiance or loyalty to a Country. So, the Founding father(s) of the Nation call Ghana, for fear of divided loyalty otherwise disloyalty made Nkrumah to relieve or sack the very high echelon British Military Officers when Ghana attained Republic in July 1960. As stated, this was necessary to avoid or reduce the risk of incurring disloyalty and indiscipline. So, this was done to arrest the uncomfortable situation of conflict of Interest which could have confronted the British Senior Officers as Commissioned Security Officers with the Commission granted by the Monarch of Great Britain thus they were granted Independent Decision making on Security operations by the Queen, through the Governor General of the Gold Coast their reporting line or direct boss.

So the British Senior Officers could not be allowed by the Republic of Ghana to share allegiance to two different National Constitutions or two Heads of States namely the then Head of the British Monarchy, then under Her Majesty Queen Elizabeth and the Head of State of Ghana, then Dr Kwame Nkrumah who metamorphosed from the occupation of the Office of Prime Minister to the Office of President, hence as the Head of State (Civil Division of the State) and Commander-in-Chief of the Armed Forces of Ghana (Military or Security Division of the State). .

It is envisaged that President Nkrumah’s action was probably based on the story of the fear of an issue of allegiance in the Holy Bible, in the First Book of Samuel at Chapter 29 verse 1 to 11. This is about the War between the Israelites and Philistines. In this war, the Philistine Military Leader refused to accept David an Israelis, allegedly a defector from the Israelis Army to the Philistine side because he had the fear that David may later become their enemy and fight them due to a fear of likely divided loyalty. .

This story on David and the Philistines reminds me of one of the secret stories on allegiance that has not been made clear in the World. That is how the Israel Defence Force (IDF) strategically used a Military Officer, a combat (battle) Commander of a mixed Nationality to capture the Golan Heights from the Arabs or Jordan.

Hmm, a Military Officer of the Rank of Major who had the blood of both Israelites and Arab parents hence of Dual Nationality of Israel and Jordan but he was only Israel Citizenship holder (note there is a vast differences between Nationality and Citizenship, this to be made later). He made the Arabs soldiers to see him as one of them and through him the Golan Highlights was captured from the Arabs.

Enter Supreme Court and the Dual Citizenship matter. So, based on the history of National Security matters and the appreciation that loyalty to the Nation called Ghana by most of their fellow Nationals or Compatriots is in suspect due to our bad or unpatriotic attitude, the framers of the 1992 Constitution, regarded total Allegiance (Loyalty) as the root of citizenship, so they outlawed Dual Citizenship and demanded for renunciation of the Citizenship of any other Country, including a requirement of an oath of Allegiance to the Constitution of Ghana before Citizenship of Ghana could be restored to a Ghanaian who is a Dual Citizenship Holder.

Consequently, in order to arrest the associated risks, the framers of the Constitution outlawed dual citizenship at Article 8 (1) which formed part of the 1992 Constitution which was approved and promulgated in a Referendum on 28^th April 1992 and which was adopted by the People of Ghana on 07 January 1993 through the Peoples Representatives in the First Parliament of the Fourth Republic and assented to by the First Executive President of Ghana in the Fourth Republic.

So, based on the fact that loyalty is the root of Citizenship, bearing in mind that nationals can easily sell their nation or their conscience made the framers of most Constitutions with the wisdom that for the sake of Public Interest/National Security and other reasons including prevention of likely situation of conflict of interest, Offices of Public Policy Makers, the topmost Security Echelons and in some Countries Offices of the topmost adjudicating of Justice must not be occupied by persons holding Dual Citizenship. It is for this very good reasons that Section(5) (a) of Article 35 of the 1992 Constitution of Ghana granted power to the state to foster the spirit of loyalty to Ghana by taking action to override other loyalties a Citizen may hold other than to Ghana.

But due to the need to help Citizens of Ghana outside Ghana especially in Canada and USA to able to acquire jobs and estates in their host Countries and upon the affected persons lobbying with both the Executive Arm of Government and the Legislative Arm of Government for them to achieve the objective of getting lucrative jobs etc, the Amendment of the Constitution in 1996 through Constitution Amendment Act 1996 (Act 527) saw the repealing of Article 8 of the Constitution as approved in a Referendum.

Thus the original texts of Article 8 on Dual Citizenship was repealed in 1996 and inserted as Article 8 (2) that Without prejudice to Article 94 (2) (a) of the Constitution ‘no citizen of Ghana shall qualify to be appointed as a holder of any office specified in this clause if he holds the citizenship of any other Country in addition to his citizenship of Ghana. These Offices include (a). Ambassadors, (b).Secretary to the Cabinet, (c). CDS and Service Chiefs, (d). IGP (e). Commissioner of CEPs, (f). Director of Immigration and granted powers to Parliament at Section (g) of the Article 8 of the Constitution to add any office by an act of Parliament.

It is for the sake of Public or National Interest, fostering of the spirit of Loyalty to Ghana, prevent a situation of conflict of interest and others based on the History of Ghana both the Civil and Military aspects were the reasons for the addition of Chief Directors at the Ministry and very Staff Officers of the Military with the rank of Colonel and above involvement or may be required to assist their bosses in the preparation of Policies or may be exposed to secrets documents, led to the addition of Directors at the Ministry and Colonels and above to list in Clause 16 (2) of the Citizenship Act 2000 (Act 591).

It is should be noted that a Colonel has ever held the appointment of CDS, as example Col EFE Prah in 1979 and a Colonel held the appointment of Army Commander example Colonel Erskine in 1972 as Army Commander and Col WW Bruce Konuah held the appointment of Army Commander in 1979. So including Colonels and above in the list is appointment is ok.

Furthermore, the issue of the composition of National Security Council which includes the Director General of Prisons, the Chief Fire Officer could be the reason Parliament in 1996 added the Director of Prison and the Chief Fire Officer to the list. It is worth noting that both appointments of Director General of Prison and Chief Fire Officer were held by Colonels from the Ghana Army.

It is envisaged that the importance of the Supreme Court as the apex of the Judiciary which is one of the Arms of Government could be the reason for the addition of the appointees in the apex of the Judiciary like the CJ and Justices of the Supreme Court to the list by Parliament since the CJ and Justices of the Supreme Court are the topmost judges in Public Policy Making as executed by Judges. So, the Supreme Court as an important Policy making institution, the need to foster the spirit of unalloyed loyalty to the Constitution at the Supreme Court cannot be over stressed. So it is suicidal to allow the Chief Justice and the Justices to be dual Citizenship Holders, so the addition of CJ and Justices of the Supreme Court was appropriate. .

The above assertions may be the reason that necessitated the enactment of Section 16 (2) of the Citizenship Act 2000 (Act 591) which includes the Chief Justice and others as stated in this Act of Parliament with the power granted by the Constitution at Section (5) (a) of Article 35 of the 1992 Constitution for the State to take action to override other loyalties in order to foster the spirit of loyalty to Ghana.

Thus it is logical sound that Ghanaian Citizens who want to occupy the mentioned Offices in Section 16 (2) of the Citizenship Act 2000 (591) should not hold Citizenship of another Country other than of Ghana as originated by the framers of the Constitution that a Citizen of Ghana losses his or her Citizenship if he or she holds the Citizenship of another Country at Article 8 (1) of the Constitution. So it was expected that the interpretations by the Supreme Court should have factored the original intentions of the framers of

the Constitution and the reasons given in the documents which or the proponents who applied for allowing the concept of Dual Citizenship were for economic and social reasons for Ghanaians abroad to gain employment and acquire estates etc. in their host countries and this humanitarian reason should not be allow to override Public Interest.

Furthermore, Parliament exercises its Residual Powers as granted at Article 298 of the 1992 Constitution to execute by an Act of Parliament to provide for a matter to fill unforeseen gaps by the framers otherwise gaps created by any amendment of the Provision of the Constitution .

Consequently, to fulfil the above mentioned imperatives to ensure Public interest as well as to arrest a situation of conflict of Interest were the reason Section (g) of Article 8 of the 1992 Constitution as amended in 1996 was enacted to permit the addition of any office to be specified by an act of Parliament to prohibit Dual Citizenship Holders from occupying certain Offices, in order to ensure the sanctity of the Sovereignty of Ghana.

Thus for Public Interest, the Peoples Representatives in Parliament in 2000 duly performed their Constitutional requirements and mandate with the enactment of section 16 (2) of the Citizenship Act 2000 (Act 591) which added a set of appointees permissible at section (g) of Article 8 of the Constitution Amendment Act 1996 (Act527) to prohibit Dual Citizenship Holders from occupying Offices of Public Policy Making as (a) Chief Justice and Justices of the Supreme Court (b). Commissioner of VAT Services, (c) Director General of the Prison Services, (d). The Chief Fire Officer (e). Chief Director of a Ministry (f). Senior Staff Officers with the rank of a Colonel and above in the Army or its equivalent in the other Security Services.

It was therefore expected that for the sake of National Security/ Public Interest, the Supreme Court should have declined when it was called upon to act like an Octopus by spreading its tentacles for provisions/ laws to usurp the powers of Parliament, in the name of interpretation of the Constitution, one of its real jurisdiction or Sovereign Authority as granted by the Constitution.

The Court should have considered among others that the interpretation of the Constitution should be based on the principle of originalism that is the original intent of the framers of the Constitution when the indicated that one ceases to be a Citizen of Ghana if he or she holds dual citizenship as well as the reasons for allowing Ghanaians to hold dual citizenship and the wisdom of the Representatives of the People in Parliament in 1996 when by an Act of Parliament they enacted the law at section (g) of Article 8 of the Constitution Amendment Act 1996 (Act 527) to allow the addition of very sensitive and confidential Public Policy Making Offices.

It is important at this juncture to submit that there are vast differences between Nationality and Citizenship. Nationality is granted by God hence, it is permanent (cannot be changed by man) because, it implies where you are born or place of birth or suffice to say where God created you, hence it is based on the right of the Soil (Jus Soli) that is birthright hence a natural phenomenon. Nationality is also obtained from your parents or grandparents (Jus Sanguine, that is by blood or by descent) hence this also a natural phenomenon.

By both ways of acquiring Nationality, you can say that one Nationality is given to one by Almighty God, hence, it is innate or natural phenomena, the two issues of acquisition of Nationality either by the place of birth of the individual or by descent (the birth place of the parents or ancestors) of the individual connotes ethnicity. Hence Nationality connotes racism or xenophobia hence a threat to national cohesion, so, bearing that in mind most Countries dislike the use of the term or wording Nationality in their Constitution and rather preferred Citizenship to arrest the situation of racism or xenophobia etc.

Citizenship is granted by the Government of a Country by application and after swearing Citizenship oath also known as Oath of Allegiance. It is the means by which upon meeting the requirements, a Country will issue her passport to one contingent on swearing allegiance to the Constitution and laws of the affected Country.

Citizenship allows countries to attract investment through acquisition and issuance of Citizenship by Investment in order to attract very huge investment from Foreigners. It also allows Friendly Countries to grant to a Stateless people like what Ghana did by granting Ghanaian Citizenship to the two Guantanamo Bay prisoners in 2016. They are therefore Ghanaian Citizenship laws by Parliament but not Ghanaian Nationals. Their children born in Ghana by God’s soil they are nationals of Ghana but Citizenship of Ghana will be determined if their mother is citizen of Ghana otherwise acquisition by Naturalization upon application when at the required age..

Furthermore, to allow a citizen of Ghana to marry a foreigner and enjoy his or her marriage, the spouse has to apply for Citizenship by Naturalization. By the Constitution of USA a child born in USA is both a National and Citizens of USA .With the exception of foreign Diplomatic team and their family members, a migrants in America or non-nationals of America can acquire a USA Citizenship by Naturalization.

To obtain Citizenship, an Oath of Citizenship for Allegiance to the Country is mandatory before the issuance of a Citizenship Certificate and the date of issue is very important. The Oath of Citizenship for Allegiance to a Country is to ensure to infuse the person the senses of Patriotism and Loyalty, obedience of the Constitution and all laws of the Country. Hence if in Ghana, the new Citizen and his or her spouse must obey the Constitution of Ghana and the laws of Ghana including and not limited to the law that prohibits the practices of LGBT in Ghana.

Citizenship allows anyone on earth notwithstanding where he or she is born to possess a very lucrative option or the freedom to choose where he or she wants to be or be part of a political system of a Country, to shares his or her Dream, free to work, free to acquire estates and ability to take part in political election. .

Citizenship therefore provides lucrative choice of a global ‘Nationality’ hence Citizenship. So, Citizenship springs from the word citizenry which means the general public or population, hence it is non-discriminatory term as against Nationality. Let us study the state in USA which is made of 55 States (Countries) plus two unincorporated Countries including American Samoa outside the Federal system but the people of America Samoa are regarded as Non-Citizen American Nationals because America Samoa is regarded as part of American soil.

A Child born in American Samoa is a National of America (USA) hence his birth Certificate will show he is an American but he is not a Citizen of USA, he or she is termed as Non-Citizen America Nationals until he or she takes the Oath of Citizenship or Oath of Allegiance, upon Naturalization or meeting the requirements of obtaining Citizenship. Paradoxically a child born in any of the 55 States regardless of where either one or both of his or her parents come from is both a Citizen and National of USA hence he or she is termed Citizen of USA and National of USA or Citizen National of USA.

let me repeat that a child born in American Samoa outside the Federal system is recorded as a USA National but not a citizen of USA; he can only be a Citizen of USA by birth within USA or by Naturalization which requires the Oath of Citizenship for Allegiance to the Country. Hence, Citizenship connotes Allegiance which requires Civic responsibilities including participating in voting, the payment of tax from the Citizen’s business or income earned. A Citizen of USA is required to pay taxes to USA from business or incomes earned outside USA, that is include any part of the World.

USA is required to protect the affected citizen at all times including supporting or evacuating the citizen in times of emergency. So in USA the issuance of Citizenship to persons dictate strict allegiance until it is renounced by the Citizen of USA, hence you must travel with US passport until you denounce your USA Citizenship.

As so a Citizen of USA must travel outside and enter USA with the passport of USA, thus USA intelligently, uses the passport of USA to control and monitor her Citizens thus sustaining the bond with her Citizens. So, USA can easily account for her Citizens and can depend on her Citizens for intelligence or use them as a spy, and can mobilize her Citizen any time ‘T’ for National cause including when war is declared or in times of emergency.

This is not the situation in a poor or weak Country like Ghana to allow the CJ and Justices of the Supreme Court who are also Public Policy Makers or the Director General of Prison who is a member of National Security Council, the luxury to choose to hold dual citizenship, the possibility of an Occupant of Office for Public Policy Making who also holds, citizenship of USA cooperating with USA against the Interest of Ghana cannot be ruled out. Imagine Justices of a Supreme Court of a Country called Country Y, as Dual Citizenship holder of another Country called Country X or say Canadian or Citizenship of Country Y and USA as Dual Citizenship holder, so the probability of them ruling in favour of LGBT may be high. Note a former Head of a Church in Ghana, was very vocal against LBGT when he was in Ghana but the same person on acquisition of Citizenship of USA when he was posted to head the USA Branch of the Church became a very strong supporter of LGBT. Food for thought.

Hmm can you imagine the Ministry of Finance of Ghana is headed by a strong Moslem who is Hon MP and took part in passing the LGBT Bill, yet the Ministry of Finance headed by him had the audacity to write to the President not to sign the LBGT Bill into law? Hmm there is a push from outside so something is not adding up, Hence let us support Parliament to deal with the possible risks the State may suffer if Public Policy Makers are permitted to hold Dual Citizenship.

As stated Nationality is permanent because it is granted by God but Citizenship is granted by the Government or Constitution of a Country can be renounced by either the Government or the person involved. Example on 26 November 1985, some unusual incident happened in Ghana which involved the trading of some Ghanaian nationals by Ghana and with a Citizen of USA who was a Ghanaian national.

Eight Ghanaian nationals were freed from detention and stripped of their citizenship by the PNDC in 1985, they were then allegedly as suspected spies for USA and were expelled to USA, in exchange for a Ghanaian national by name Michael Soussoudis who was a Citizen of USA and allegedly a spy for Ghana and was serving a 20-year prison from a sentence imposed by a federal judge in Alexandria.

There is an interesting story of a Senior Chinese Official who quickly showed his USA Passport when he was suspected for corrupt act and was immediately deported or expelled to USA. So the Constitution requirement at Articles 8 (2) and 94 (2) (a) of the 1992 Constitution must be preserved, upheld, defended, protected by patriotic citizen as was done by President Mills through Hon Martin Amidu and Justice Atuguba and others in 2012. My brother and fellow Nabia Justice Pwamang of the Supreme Court it is envisaged he took cognizance of the danger or risk so he dissented with his fellow members of the Supreme Court that led to 6 to one ruling or decision.

I am sure the CJ and the other Justices of the Supreme Court are very patriotic but may be they were swayed by the letters of the provision of the Constitution and little about the original intention of the framers of the Constitution when they outlawed Dual Citizenship.

What should factored in their decision should been the fact that Citizenship authorizes the Nation the full right to conscript or get her citizens to protect the nation’s interest that is to use or call one to defend the Country against an enemy or to cooperate against the interest of another Country. So it provides the country the full rights over the person or to control him or her or use him or her to help to combat an external enemy which could be your real home Country which is bordering her like the war between Russia and Ukraine.

So imagine a Colonel or Army Commander of the Ukraine Army is a Dual Citizenship holder of both Russia and Ukraine for that matter he will certainly have a divided allegiance or adopt lukewarm or slow motion attitude in the war. So common sense will tell that he may not act at all or my act in support of the Country where he can get better gains or has greater interest or attention or support, so he will act like a bad married woman who will certainly give more allegiance to her very rich or serviceable ex-boyfriend or boyfriend respectively. The bad married woman with a divided allegiance may even conspire with the very serviceable boyfriend to eliminate her husband. So the Philistine Army Commander was right to accept defector David an Israelite in the war against Israel as the Bible in the First Book of Samuel at Chapter 29 verse 1 to 11

Once again, one of the cardinal philosophy of Constitutional interpretation is that Interpretation should go with the philosophy of originalism or the original intention of the framers of the Constitution at the time of framing it in 1992 when they categorically banned or disallowed Dual Citizenship. The amendment of Article 8 (2) of the 1992 Constitution in 1996 (Act 527) to permit Dual Citizenship was for economic and social reason but not a political reason.

The Supreme Court should have taken note that if the 1992 Constitution was not amended in 1996 to allow citizens of Ghana to also acquire citizenship of another country in addition to that of Ghana for them to get jobs etc there would have been no issue on Dual Citizenship before it or in the front burner.