Constitutional Law Cases on Citizenship

Asare v Attorney General (Dual Citizenship Case)

Court: Supreme Court

Year: 2012

Principle(s): Discrimination against dual citizens by preventing them from holding certain sensitive offices is justifiable and not contrary to Article 17; Inapplicability of basic structure doctrine in Ghana and the power of parliament to amend even fundamental principles by following the right procedure

Captan v Minister of Interior

Court: Supreme Court

Year: 1970

Principle(s): An alien does not have the same rights as a citizen in terms of freedom of movement, entry into and residence in Ghana, and immunity from expulsion from Ghana.

Michael Ankomah Nimfah v. James Gyakye Quayson, The Electoral Commission, Attorney General

Court: Supreme Court

Year: 2023

Principle(s): Citizenship is bound up with loyalty to the State and allegiance to it; Eligibility criteria for becoming a member of parliament become operative at the time the Electoral Commission opens nominations.

Bilson v. Rawlings and Another

Court: High Court

Year: 1993-1994

Principle(s): Acquisition of citizenship; allegiance; citizenship as a way of disqualifying a candidate; rules governing granting of an injunction

Adjei-Ampofo (No. 1) v. Accra Metropolitan Assembly & Attorney-General

Court: Court

Year: 2007-2008

Principle(s): Only citizens of Ghana can bring an action under Article 2(1) for the enforcement and interpretation of the 1992 Constitution; Citizens and non-citizens can bring an action in the High Court for the enforcement of their personal human rights under Article 33(1); The essence of Article 2(1) is to foster the enforcement of all provisions of the 1992 Constitution; Citizens of Ghana have the locus to seek enforcement of any provision of the 1992 Constitution.