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Dual Citizens Can now be Appointed Heads of Certain High Ranking Institutions – Supreme Court

The apex court struck out sections of the Citizenship Act 2000 (Act 591), which hitherto prevented dual citizens from occupying certain high positions such as the Office of the Chief Justice

Holders of dual citizenship can now occupy certain public positions as the Supreme Court has declared some sections of the Citizenship Act as unconstitutional.

On Wednesday, April 24, the apex court struck out sections  16(2)(a) and 16(2)(h)-(l) of the Citizenship Act 2000 (Act 591), which hitherto prevented dual citizens from occupying certain high positions such as the Office of the Chief Justice, or a judge at any of the highest courts.

The decision stemmed from a case by one Francis Osei-Bonsu, who challenged the constitutionality of those provisions.

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By a 6-1 majority, the Court said it found that the sections referred to breached Article 289(2) of the 1992 Constitution, which states that the Constitution shall not be amended or altered by an Act of Parliament.

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Following the court’s judgment, dual citizens can now be appointed as;

(a) Chief Justice and Justices of the Supreme Court;

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(b) Commissioner, Value Added Tax Service;

(c) Director-General, Prisons Service;

(d)  Chief Fire Officer;

(e) Chief Director of a Ministry;

(f)  the rank of a Colonel in the Army or its equivalent in the other security services.

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