The Speaker of Parliament, Alban Kingsford Sumana Bagbin, has referred the Constitution of the Republic of Ghana Bill, 2025, to the Committee on Constitutional and Legal Affairs for consideration and report following an advisory opinion by the Council of State against its passage.
The Private Member's Bill seeks to amend provisions of the Constitution relating to citizenship-based qualifications for public office.
Addressing Parliament last Tuesday, Mr Bagbin said the current Council of State, in an opinion received after the bill was referred to it on March 30, 2026, under Article 291(2) of the Constitution, advised against its passage.
He said the advice differed from that of the Council of State in the Eighth Parliament, which had recommended that Parliament proceed with the constitutional amendment process.
Mr Bagbin explained that although the Council of State's advice was not binding on Parliament, it formed an important part of the constitutional legislative process.
He said it was not the role of the Speaker to determine the merits of the bill or prejudge the decision of the House, adding that the Committee on Constitutional and Legal Affairs would be guided by the advisory opinion in preparing its report.
Legislative history
The Speaker said the bill originated in the Eighth Parliament when the Member of Parliament (MP) for Akim Swedru, Kennedy Osei Nyarko, introduced the Constitution of the Republic of Ghana (Amendment) Bill, 2021.
After meeting the constitutional publication requirements, the bill was introduced in Parliament on June 2, 2022 and referred to the Council of State, which, by a letter dated July 8, 2022, advised Parliament to proceed with the proposed amendments.
The bill was subsequently considered by the then Committee on Constitutional, Legal and Parliamentary Affairs and successfully passed the second reading stage on July 30, 2024.
However, it lapsed with the dissolution of the Eighth Parliament on January 6, 2025, before completing the consideration stage.
Attorney-General's review
Mr Bagbin said at the beginning of the Ninth Parliament, he directed the Clerk to submit the previous bill to the Attorney-General and Minister of Justice for review.
According to him, the Attorney-General, in a response dated February 14, 2025, expressed satisfaction with the contents of the bill and advised that it could be resubmitted through the due parliamentary process.
The government also indicated its readiness to sponsor it as a public bill if the original sponsor opted not to proceed.
Mr Nyarko subsequently agreed to reintroduce the bill after it had been redrafted to address concerns raised during the Eighth Parliament.
The bill is now co-sponsored by the MPs for Adaklu, Kwame Governs Agbodza; Ellembelle, Emmanuel Armah-Kofi Buah, and Mpraeso, Davis Ansah-Opoku.
Mr Bagbin said the Committee on Private Members' Bills and Private Members' Motions had recommended that the bill be presented to the House for consideration.
