Is there a lawyer in the house? Help me out

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Kofi poku 12 years ago

i think this topic needs to be discuss by the lawers for the first ,Ghanaians lawers are all politicians and always thinking about looting the state instead of protecting it.This is one issue that we are expecting one of them ...
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i think this topic needs to be discuss by the lawers for the first ,Ghanaians lawers are all politicians and always thinking about looting the state instead of protecting it.This is one issue that we are expecting one of them to take it up and defend us since our contribution to the GDP is than those in Ghana.
Kofi Manu 12 years ago

The subject of citizenship in the 1992 Constitution merely expresses the insecurities of the then government of Jerry Rawlings to ensure that their political opponents - consisting largely of intellectual Ghanaians, driven ou ...
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The subject of citizenship in the 1992 Constitution merely expresses the insecurities of the then government of Jerry Rawlings to ensure that their political opponents - consisting largely of intellectual Ghanaians, driven out of the country by the Rawlings' military oppressive machinery, and had established in the diaspora - were discountenanced and disenfranchised. That section of the constitution can be described as "constitutional fraud" intended to banish (underscored) some Ghanaians. It is charade, politically motivated. It is neither well-founded nor thoughtful as a constitutional provision and ought to be expunged or amended.

It has already been said elsewhere by Obed Asamoah - the longest serving foreign minister and Attorney General of Ghana under Jerry Rawlings, that aspects of the 1992 constitution were framed to appease coupe makers.

The rule of thumb is that such provisions, though having the form and the name of law, is in reality no law, it is wholly void and ineffective for any purpose from the time of its enactment or the date of the decision so branding it.

"Law is something more than mere will exerted as an act of power. It must be
not a special rule for a particular person or a particular case... Arbitrary power, enforcing its edicts to the injury of the persons and property of its subjects, is not law, whether manifested as the decree of a
personal monarch or of an impersonal
multitude". cited: Hurtado v. California, 110 U.S. 516 at 535-36,4 S.Ct.516(1884).
Sabato 12 years ago

If you had done a little research before writing this article, you'd have realised that the article you re referring has already been amended. Even though you did not indicate the article you were writing against, I believe i ...
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If you had done a little research before writing this article, you'd have realised that the article you re referring has already been amended. Even though you did not indicate the article you were writing against, I believe it is Arctice 8(1)(2), where 8(1)states:"subject to this article, a citizen of Ghana shall cease forthwith to be a citizen of Ghana if,on attaining the age of 21 years,he,bya voluntary act,other than marriage,acquires or retains the citizenship of a country other than Ghana" 8(2)also says that "A person who becomes a citizen of Ghana by registration and immediately after the day on which he becomes a citizen of Ghana is also a citizen of some other country,shall cease to be a citizen Ghana unless he renounced his citizenship of that other country...."This article has already been repealed.Get yourself a copy of the pocket-size 1992 Constitution and you will see on the very first page the following information: "Article 8 of the 1992 Constitution is repealed and the following inserted-
8(1) A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.
8(2) Without prejudice to article 92(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
(a)Ambassador or High Commission
(b)Secretary to the Cabinet
(c)Chief of Defence Staff or any Service Chief
(d)Iinspector-General of Police
(e)Commissioner,CEPS
(f)Director of Immigration Service
(g)any office specified by an Act of Parliament.
Article 94(2)(a) talks about who is not qualified to be elected as a Member of Parliament and it disqualifies any person which dual citizenship.
So you could've saved yourself writing this lengthy article if you'd done little bit of research into the matter
Sabato 12 years ago

8(2)should have been "Without prejudice to Article 94(2)(a) and not 92(2)(a)"

8(2)should have been "Without prejudice to Article 94(2)(a) and not 92(2)(a)"
Maame 12 years ago

Like Mr Sabato said, the constitution of Ghana has been amended and therefore, one does not loose their Ghanaian citizenship/ancestry when they gain citizenship of another country. (Don't have a copy of the Ghana consitution ...
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Like Mr Sabato said, the constitution of Ghana has been amended and therefore, one does not loose their Ghanaian citizenship/ancestry when they gain citizenship of another country. (Don't have a copy of the Ghana consitution with me now...but just google it).

I think the issue is whether the foreign country allows dual-citizen? I know the US does, but the Netherlands for example does not, so you have to give up one.

So this argument is null an void as I just came from Ghana travelling with both my Ghanaian and US passports and had no problems with Ghana immigration. (from US trained Attorney)
TonyPM 12 years ago

Are you guys aware that a Ghanaian is sitting in prison (or at least sentenced) for holding a foreign citizenship and running for office? How does the amendment apply to him?

Are you guys aware that a Ghanaian is sitting in prison (or at least sentenced) for holding a foreign citizenship and running for office? How does the amendment apply to him?
TonyPM 12 years ago

I usually don't do this back and forth because I believe everyone's opinion is valid, but if you go back and read the article, you will read my reference to dual citizenship. You are entitled to miss that part and to assume ...
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I usually don't do this back and forth because I believe everyone's opinion is valid, but if you go back and read the article, you will read my reference to dual citizenship. You are entitled to miss that part and to assume that I don't know that the constitution has been amended.
Maame 12 years ago

There are still certain positions in Ghana that have been constitutionally manadated for individuals who hold Ghanaian citizenship only. And that part of the constitution did not change. I guess the argument on the Ghanaian s ...
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There are still certain positions in Ghana that have been constitutionally manadated for individuals who hold Ghanaian citizenship only. And that part of the constitution did not change. I guess the argument on the Ghanaian side, will be that you cannot hold Ghanaaian & American citizenship for example, and be Ghana's Ambassador to the US. That is a potential conflict of interest situation. So I am guessing this person you mentioned may have failed to mentioned he held citizenship of another country, and applied for one of those senior public offices.

I only glanced at your article so sorry if I missed some of the nuances...but it is a simple process today. What I understand is, once you are Ghanaian, you remain so and do not have to apply for dual citizenship. I never have and just keep both passports.
TonyPM 12 years ago

If you are an American citizen and you hold a position like an Ambassador in another country's government or high positions in government, you lose your American citizenship so Ghana has nothing to worry about.

If you are an American citizen and you hold a position like an Ambassador in another country's government or high positions in government, you lose your American citizenship so Ghana has nothing to worry about.
Maame 12 years ago

That is only one example and I am guessing each country comes with its own set of rules. I think that if someone wants to be a member of parliament in Ghana, and be fully involved in all the politics and glory, then I do not ...
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That is only one example and I am guessing each country comes with its own set of rules. I think that if someone wants to be a member of parliament in Ghana, and be fully involved in all the politics and glory, then I do not see the logic in keeping other citizenships as well.

Things are just a lot better now than in the past:-)

TonyPM 12 years ago

My point is how does this hurt Ghana? After complaining of Brain Drain for many years, I would think we will welcome the brains back.

My point is how does this hurt Ghana? After complaining of Brain Drain for many years, I would think we will welcome the brains back.
Maame 12 years ago

I completely agree with you but I am being the devil's advocate here...so I am guessing that Ghana may not want people to jump ship to their "other" countries when things do not work out. Also, there may be potential legal im ...
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I completely agree with you but I am being the devil's advocate here...so I am guessing that Ghana may not want people to jump ship to their "other" countries when things do not work out. Also, there may be potential legal implications/complications with dual citizenships in high offices.
TonyPM 12 years ago

Sure. Are we so inept that we cannot handle potential problems except to take people's citizenships from them?

Sure. Are we so inept that we cannot handle potential problems except to take people's citizenships from them?
WALTER GAMOR 12 years ago

This is a great piece, though sad.

This is a great piece, though sad.
Benash 12 years ago

My brother you've just hit the nail on the head and I hope and pray someone(lawyer) picks this up.
It's very sad that our so-called leaders will just sit down on this issue because of their own personal agrandizement. Shame ...
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My brother you've just hit the nail on the head and I hope and pray someone(lawyer) picks this up.
It's very sad that our so-called leaders will just sit down on this issue because of their own personal agrandizement. Shame on all of them. Like you stated in your article most of these so-called leaders especially MP's and heads of institutes are just afraid those of us with Dual Citizenship will out performed them so they will do everything to stop us.
New Ekuma 12 years ago

Nonsense. Tony if u want answers, go ask that stupid and trumulous lawyer called Sir John , who doubles as the most foolish General secretary ever seen in Ghana. Nonsense.

Nonsense. Tony if u want answers, go ask that stupid and trumulous lawyer called Sir John , who doubles as the most foolish General secretary ever seen in Ghana. Nonsense.
Mercy 12 years ago

Good arguement worth investing in. Good Job.

Good arguement worth investing in. Good Job.

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Is there a lawyer in the house? Help me out

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