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THE LEGISLATURE
93 Composition of Parliament
(1) There shall be a Parliament of Ghana which shall consist
of not less than one hundred and forty elected members.
(2) Subject to the provisions of this Constitution, the legislative
power of Ghana shall be vested in Parliament and shall be
exercised in accordance with this Constitution.
94 (1) Subject to the provisions of this article, a person
shall not be qualified to be a member of Parliament unless
-
(a) he is a citizen of Ghana, has attained the age of twenty-one
years and is a registered voter;
(b) he is resident in the constituency for which he stands
as a candidate for election to Parliament or has resided there
for a total period of not less than five years out of the
ten years immediately preceding the election for which he
stands, or he hails from that constituency; and
(c) he has paid all his taxes or made arrangements satisfactory
to the appropriate authority for the payment of his taxes.
(2) A person shall not be qualified to be a member of Parliament
if he -
(a) owes allegiance to a country other than Ghana: or
(b) has been adjudged or otherwise declared-
(i) bankrupt under any law in force in Ghana and has not been
discharged or
(ii) to be of unsound mind or is detained as a criminal lunatic
under any law in force in Ghana; or
(c) has been convicted -
(i) for high crime under this Constitution or high treason
or treason or for an offence involving the security of the
State, fraud, dishonesty or moral turpitude; or
(ii) for nay other offence punishable by death or by a sentence
of not less than ten years; or
(iii) for an offence relating to, or connected with election
under a law in force in Ghana at any time; or
(d) has been found by the report of a commission or a committee
of inquiry to be incompetent to hold public office or is a
person in respect of whom a commission or commitee of inquiry
has found that while being a public officer he acquired assets
unlawfully or defrauded the State or mis-used or abused his
office, or willfully acted in a manner prejudicial to the
interest of the State, and the findings have not been set
aside on appeal or judicial review; or
(e) is under sentence of death or other sentence of imprisonment
imposed on him by any court; or
(f) is not qualified to be registered as a voter under any
law relating to public elections; or (g) is other wise disqualified
by a law in force at the time of the coming into force of
this Constitution, not being inconsistent with a provision
of this Constitution. (3) A person shall not be eligible to
be a member of Parliament if he - (a) is prohibited from standing
election by a law in force in Ghana by reason of his holding
or acting in an office the functions of which involve a responsibility
for or are connected with the conduct of, an election or responsibility
for, the compilation or revision of an electoral register;
or
(b) is a member of the Police Service, the Prisons Service,
the Armed Forces, the Judicial Service, the Legal Service,
the Civil Service, the Audit Service, the Parliamentary Service,
the Statistical Service, the Fire Service, the Customs, Excise
and Preventive Service, the Immigration Service, or the Internal
Revenue Service; or
(c) is a Chief. (4) For the purposes of paragraph (d) of clause
(2) of this article, in the case of any finding made by a
commission or committee of inquiry which is not a judicial
or quasi-judicial commission or committee of inquiry, without
prejudice to any appeal against or judicial review of that
finding, the finding shall not have the effect of disqualifying
a person under that paragraph unless it has been confirmed
by a Government white paper. (5) A person shall not be taken
to be disqualified to be a member of Parliament under paragraph
(c) or (d) of clause (2) of this article if - (a) ten years
or more have passed since the end of the sentence or the date
for the publication of the report of the commission or committee
of inquiry; or
(b) he has been pardoned.
95 (1) There shall be a Speaker of Parliament who shall be
elected by the members of Parliament from among persons who
are members of Parliament or who are qualified to be elected
as members of Parliament.
(2) The Speaker shall vacate his office -
(a) if he becomes a Minister of State or a Deputy Minister,
or
(b) if he resigns from office by writing signed by him and
addressed to the Clerk to Parliament; or
(c) if any circumstances arise that, if he were not Speaker,
would disqualify him for election as a member of Parliament;
or
(d) if he is removed from office by a resolution of Parliament
supported by the votes of not less than three-quarters of
all the members of Parliament.
(3) No business shall be transacted in Parliament other than
an election to the office of Speaker, at any time when the
office of Speaker is vacant.
(4) A person elected to the office of Speaker shall, before
entering upon the duties of his office, take and subscribe
before Parliament the oath of allegiance and the Speaker's
oath set out in the Second Schedule to this Constitution.
(5) The Speaker shall receive such salary and allowances,
and on retirement, such retiring a wards as may be determined
in accordance with article 71 of this Constitution.
(6) The salary and allowances payable to the Speaker and any
retiring awards payable to him on retirement shall be charged
on the Consolidated Fund.
(7) The salary and other allowances payable to the Speaker
shall not be varied to his disadvantage during his tenure
of office.
96 (1) There shall be two Deputy Speakers of Parliament -
(a) who shall be elected by the members of Parliament from
among the members of Parliament; and
(b) both of whom shall not be members of the same political
party.
(2) The members of Parliament shall elect a person to the
office of Deputy Speaker when Parliament first meets after
a dissolution of Parliament and if the office becomes vacant
otherwise than by reason of a dissolution of Parliament, at
the first sitting off Parliament after the office becomes
vacant.
(3) The provisions of clause (2) of article 95 of this Constitution
shall apply in the case of a Deputy Speaker.
97 (1) A member of Parliament shall vacate his seat in Parliament
-
(a) upon a dissolution of Parliament; or
(b) if he is elected as Speaker of Parliament; or
(c) if he is absent, without the permission in writing of
the Speaker and he is unable to offer a reasonable explanation
to the Parliamentary Committee on Privileges from fifteen
sittings of a meeting of Parliament during any period that
Parliament has been summoned to meet and continues to meet;
or
(d) if he is expelled from parliament after having been found
guilty of contempt of Parliament by a committee of Parliament;
or
(e) if any circumstances arise such that, if he were not a
member of Parliament, would cause him to be disqualified or
ineligible for election, under article 94 of this Constitution;
or
(f) if he resigns from office as a member of Parliament by
writing under his hand addressed to the Speaker; or
(g) if he leaves the party of which he was a member at the
time of his election to Parliament to join another party or
seeks to remain in Parliament as an independent member; or
(h) if he was elected a member of Parliament as an independent
candidate and joins a political party.
(2) Notwithstanding paragraph (g) of clause (1) of this article,
a merger of parties at the national level sanctioned by the
parties' Constitutions or membership of a coalition government
of which his original party forms part, shall not affect the
status of any member of Parliament.
98 (1) A member of Parliament shall be paid such salary and
allowances and provided with such facilities as may be determined
in accordance with article 71 of this Constitution.
(2) A member of Parliament shall not hold any office of profit
or emolument, whether private or public and either directly
or indirectly, unless permitted to do so by the Speaker acting
on the recommendations of a committee of Parliament on the
grounds that -
(a) holding that office will not prejudice the work of a member
of Parliament; and
(b) no conflict of interest arises or would arise as a result
of the member holding that office.
99 (1) The High Court shall have jurisdiction to hear and
determine any question whether -
(a) a person has been validly elected as a member of Parliament
or the seat of a member has become vacant; or
(b) a person has been validly elected as a Speaker of Parliament
or, having been so elected, has vacated the office of Speaker.
(2) A person aggrieved by the determination of the High Court
under this article may appeal to the Court of Appeal.
100 Procedure in Parliament (1) A member of Parliament shall,
before taking his seat in Parliament, take and subscribe before
the Speaker and in the presence of the members of Parliament,
the oath of allegiance and the oath of a member of parliament
set out in the Second Schedule to this Constitution.
(2) A member of Parliament may, before taking the oaths referred
to in clause (1) of this article, take part in the election
of the Speaker.
101 The Speaker shall preside in Parliament at all sittings
and in his absence a Deputy Speaker shall preside.
102 A quorum of Parliament, apart from the person presiding,
shall be one-third of all the members of Parliament.
103 (1) Parliament shall appoint standing committees and other
committees as may be necessary for the effective discharge
of its functions.
(2) The standing committees shall be appointed at the first
meeting of Parliament after the election of the Speaker and
the Deputy Speakers.
(3) Committees of Parliament shall be charged with such functions,
including the investigation and inquiry into the activities
and administration of ministries and departments as parliament
may determine; and such investigation and inquiries may extend
to proposals for legislation.
(4) Every member of Parliament shall be a member of at least
one of the standing committees.
(5) The composition of the committees shall, as much as possible,
reflect the different shades of opinion in Parliament.
(6) A committee appointed under this article shall have the
powers, rights and privileges of the High Court or a Justice
of the High Court at a trial for -
(a) enforcing the attendance of witnesses and examining them
on oath, affirmation or otherwise;
(b) compelling the production of documents; and
(c) issuing a commission or request to examine witnesses abroad.
104 (1) Except as otherwise provided in this Constitution,
matters in Parliament shall be determined by the votes of
the majority of members present and voting, with at least
half of all the members of Parliament present.
(2) The Speaker shall have neither an original nor casting
vote.
(3) Where the votes on any motion are equal it shall be taken
to be lost.
(4) Where Parliament is considering a bill to amend the Constitution,
or where the voting is in relation to the election or removal
of any person under this Constitution or under any other law,
voting shall be in secret.
(5) A member who is a party to or a partner in a firm which
is a party to a contract with the Government shall declare
his interest and shall not vote on any question relating to
the contract.
105 A person who sits or votes in Parliament knowing or having
reasonable grounds for knowing that he is not entitled so
to do commits an offence and shall be liable on conviction,
to such penalty as shall be prescribed by or under an Act
of Parliament.v
106 (1) The power of Parliament to make laws shall be exercised
by bills passed by parliament and assented to by the President.
(2) No bill, other than such a bill as is referred to in paragraph
(a) of article 108 of this Constitution, shall be introduced
in parliament unless - (a) it is accompanied by an explanatory
memorandum setting out in detail the policy and principles
of the bill, the defects of the existing law, the remedies
proposed to deal with those defects and the necessity for
its introduction; and
(b) it has been published in the Gazzette at least fourteen
days before the date of its introduction in Parliament.
(3) A bill affecting the institution of chieftaincy shall
not be introduced in Parliament without prior reference to
the National House of Chiefs
(4) Whenever a bill is read the first time in Parliament,
it shall be referred to the appropriate committee appointed
under article 103 of this Constitution which shall examine
the bill in detail and make all such inquiries in relation
to it as the committee considers expedient or necessary.
(5) Where a bill has been deliberated upon by the appropriate
committee, it shall be reported to Parliament.
(6) The report of the committee, together with the explanatory
memorandum to the bill, shall form the basis for a full debate
on the bill for its passage, with or without amendments, or
its rejection, by Parliament.
(7) Where a bill passed by Parliament is presented to the
President for assent he shall signify, within seven days after
the refuses to assent to the bill, unless the bill has been
referred by the President to the Council of State under article
90 of this Constitution.
(8) Where the President refuses to assent to a bill, he shall,
within fourteen days after the refusal -
(a) state in a memorandum to the Speaker any specific provisions
of the bill which in his opinion should be reconsidered by
Parliament, including his recommendations for amendments if
any; or
(b) inform the Speaker that he has referred the bill to the
Council of State for consideration and comment under article
90 of this Constitution.
(9) Parliament shall reconsider a bill taking into account
the comments made by the President or the Council of State,
as the case may be, under clause (8) of this article.
(10) Where a bill reconsidered under clause (9) of this article
is passed by Parliament by a resolution supported by the votes
of not less than two-thirds of all the members of Parliament,
the President shall assent to it within thirty days after
passing of the resolution.
(11) Without prejudice to the power of Parliament to postpone
the operation of a law, a bill shall not become law until
it has been duly passed and assented to in accordance with
the provisions of this Constitution and shall not come into
force unless it has been published in theGazette.
(12) The provisions of clauses (7) to (10) of this article
shall not apply to a bill certified by the Speaker as a bill
to which the provisions of article 108 of this Constitution
apply; and accordingly, the President shall give his assent
to any such bill when presented for assent.
(13) Where it is determined by a committee of Parliament appointed
for the purpose that a particular bill is of an urgent nature,
the provisions of the preceding clauses of this article, other
than clause (1) and paragraph (a) of clause (2) shall not
apply, and accordingly, the President shall give his assent
to the bill on its presentation for assent.
(14) A bill introduced in Parliament by or on behalf of the
President shall not be delayed for more than three months
in any committee of Parliament.
107 Parliament shall have no power to pass any law -
(a) to alter the decision or judgement of any court as between
the parties subject to that decision or judgement; or
(b) which operates retrospectively to impose any limitations
on, or to adversely affect the personal rights and liberties
of any person or to impose a burden, obligation or liability
on any person except in the case of a law enacted under articles
178 0r 182 of this Constitution. 108 Parliament shall not,
unless the bill is introduced or the motion is introduced
by, or on behalf of, the President -
(a) proceed upon a bill including an amendment to a bill,
that, in the opinion of the person presiding, makes provision
for any of the following -
(i) the imposition of taxation or the alteration of taxation
otherwise than by reduction; or
(ii) the imposition of a charge on the Consolidated Fund or
other public funds of Ghana or the alteration of any such
charge otherwise than by reduction; or (iii) the payment,
issue or withdrawal from the Consolidated Fund or other public
funds of Ghana of any moneys not charged on the Consolidated
Fund or any increase in the amount of that payment, issue
or withdrawal; or (iv) the composition or remission of any
debt due to the Government of Ghana; or (b) proceed upon a
motion, including an amendment to a motion, the effect of
which, in the opinion of the person presiding, would be to
make provision for any of the purpose specified in paragraph
(a) of this article.
109 (1) Parliament may by law regulate professional, trade
and business organisations.
(2) The affairs of an organisation referred to in clause (1)
of this article shall be conducted on democratic lines.
110 (1) Subject to the provisions of this Constitution, Parliament
may, by standing orders, regulate its own procedure.
(2) Parliament may act notwithstanding a vacancy in its membership,
including a vacancy not filled when Parliament first meets
after a dissolution of Parliament; and the presence or the
participation of a person not entitled to be present or to
participate in the proceedings of Parliament shall not invalidate
these proceedings. 111 The Vice-President, or a Minister or
Deputy Minister who is not a member of Parliament, shall be
entitled to participate in the proceedings of Parliament and
shall be accorded all the privileges of a member of Parliament
except that he is not entitled to vote or to hold an office
in Parliament. 112 Summoning, Dissolution, etc. (1) A session
of Parliament shall be held at such place within Ghana and
shall commence at such time as the Speaker may, by constitutional
instrument, appoint.
(2) A session of Parliament shall be held at least once a
year, so that the period between the last sitting of Parliament
in one session and the first sitting of Parliament in the
next session does not amount to twelve months.
(3) Notwithstanding any other provision of this article fifteen
percent of members of Parliament may request a meeting of
Parliament; and the Speaker shall, within seven days after
the receipt of the request, summon Parliament.
(4) Subject to clause (2) of article 113 of this Constitution,
a general election of members of Parliament shall be held
within thirty days before the expiration of the period specified
in clause (1) of that article; and a session of Parliament
shall be appointed to commence within fourteen days after
the expiration of that period.
(5) Whenever a vacancy occurs in Parliament, the Clerk to
Parliament shall notify the Electoral commission in writing
within seven days after the vacancy occurred, and a by-election
shall be held within thirty days after the vacancy occurred.
(6) Notwithstanding clause (5) of this article, a by-election
shall not be held within three months before the holding of
a general election.
113 (1) Subject to clause (2) of this article, parliament
shall continue for four years from the date of its first sitting
and shall then stand dissolved.
(2) At any time when Ghana is actually engaged in war, Parliament
may, from time to time by resolution supported by the votes
of not less than two-thirds of all the members of Parliament,
extend the period of four years specified in clause (1) of
this article for not more than twelve months at a time, except
that the life of Parliament shall not be extended under this
clause for more than four years.
(3) Where, after a dissolution of Parliament but before the
holding of a general election, the President is satisfied
that owing to the existence of a state of war or of a state
of public emergency in Ghana or any part of Ghana, it is necessary
to recall Parliament, the President shall cause to be summoned
the Parliament that has been dissolved to meet.
(4) Unless the life of Parliament is extended under the provisions
of clause (2) of this article, the general election of members
of Parliament shall proceed and the Parliament that has been
recalled shall, if not sooner dissolved, again stand dissolved
on the date appointed for the general election.
114 (1) A person who has served as a member of Parliament
for a period of not less than four years shall be eligible,
on ceasing to be a member or on his death, for the payment
of such gratuity to him or his personal representatives, as
the case may be, as shall be determined by the President,
acting in consultation with the Committee referred to in article
71 of this Constitution.
(2) For the purpose of clause (1) of this article, the period
of four years specified in that clause shall be interpreted
to mean four continuous years, and accordingly, any period
when the member is out of office as a member, otherwise than
by dissolution of Parliament, shall not be taken into account.
Privileges and Immunities
115 There shall be freedom of speech, debate and proceedings
in Parliament and that freedom shall not be impeached or questioned
in any court or place out of Parliament.
116 (1) Subject to the provisions of this article, but without
prejudice to the general effect of article 115 of this Constitution,
civil or criminal proceedings shall not be instituted against
a member of Parliament in any court or place out of Parliament
for any matter or thing brought by him in or before Parliament
by petition, bill, motion or otherwise
(2) Whenever in the opinion of the person presiding in Parliament
a statement made by a member is prima facie defamatory of
any person, the person presiding shall refer the matter for
inquiry to the Parliamentary committee on privileges which
shall report its findings to Parliament not later than thirty
days after the matter was referred to it.
(3) Where the committee referred to in clause (2) of this
article reports to parliament that the statement made by the
member is defamatory of any person, the member who made the
statement shall, within seven days after that report, render
an apology at the bar of Parliament committee on privileges
and communicated to the person who has been defamed.
(4) Where a member refuses to render an apology in accordance
with clause (3) of this article, the Speaker shall suspend
that member for the duration of the session of parliament
in which the defamatory statement was made and a member so
suspended shall lose his parliamentary privileges, immunities
and remuneration, but they shall be restored to him if, at
any time before the end of the session, he renders the apology
as required by clause (3) of this article.
(5) A person who has made a contemporaneous report of the
proceedings in Parliament, including a statement which has
been the subject of an inquiry under clause (2) of this article,
shall publish the apology referred to in clause (3) of this
article or the suspension or the apology referred to in clause
(4) of this article with the same prominence as he published
the first report.
(6) If a person fails to publish the apology as required by
clause (5) of this article, he shall not be protected by privilege.
117 Civil or criminal process coming from any court or place
out of Parliament shall not be served on, or executed in relation
to, the Speaker or a member or the clerk to Parliament while
he is on his way to, attending at or returning from, any proceedings
of Parliament.
118 (1) Neither the Speaker, nor a member of, nor the Clerk
to, Parliament shall be compelled, while attending Parliament
to appear as a witness in any court or place out of Parliament.
(2) The certificate of the Speaker that a member or the Clerk
is attending the proceedings of Parliament is conclusive evidence
of attendance at Parliament.
119 Neither the Speaker, nor a member of, nor the Clerk to,
Parliament shall be required to serve on a jury in any court
or place out of Parliament.
120 Subject to the provisions of this Constitution, a person
shall not be under any civil or criminal liability in respect
of the publication of -
(a) the text or a summary of any report, papers, minutes,
votes and proceedings of Parliament; or
(b) a contemporaneous report of the proceedings of Parliament;
unless it is shown that the publication was effected maliciously
or otherwise without good faith.
121 (1) A person summoned to attend to give evidence or to
produce a paper, book, record or other document before Parliament,
shall be entitled, in respect of his evidence, or the production
of the document, as the case may be, to the same privileges
as if he were appearing before a court.
(2) A public officer shall not be required to produce before
Parliament a document where -
(a) the Speaker certifies -
(i) that the document belongs to a class of documents, the
production of which is injurious to the public interest; or
(ii) that disclosure of the contents of the document will
be injurious to the public interest; or
(b) the National Security Council certifies -
(i) that the document belongs to a class of documents, the
production of which is prejudicial to the security of the
State; or
(ii) that disclosure of the contents of the document will
be prejudicial to the security of the State.
(3) Where there is a doubt as to the nature of a document
such as is referred to in clause (2) of this article, the
Speaker or the National Security Council, as the case may
be, shall refer the matter to the Supreme Court for determination
whether the production, or the disclosure of the contents,
of the document would be injurious to the public interest
or, as the case may be, prejudicial to the security of the
State.
(4) An answer by a person to a question put by Parliament
shall not be admissible in evidence against him in any civil
or criminal proceedings out of Parliament, except proceedings
for perjury brought under the criminal law.
Contempt of Parliament
122 An act or omission which obstructs or impedes Parliament
in the performance of its functions or which obstructs or
impedes a member or officer of Parliament in the discharge
of his duties, or affronts the dignity of Parliament or which
tends either directly or indirectly to produce that result,
is contempt of Parliament.
123 Where an act or omission which constitutes contempt of
Parliament is an offence under he criminal law, the exercise
by Parliament of the power to punish for contempt shall not
be a bar to the institution of proceedings under the criminal
law.
The Parliamentary Service
(1) There shall be a Parliamentary Service which shall form
part of the public services of Ghana.
(2) There shall be a Parliamentary Service Board which shall
consist of -
(a) the Speaker, as chairman;
(b) four other members all of whom shall be appointed by the
Speaker, acting in accordance with the advice of a committee
of Parliament; and
(c) the Clerk to Parliament.
(3) There shall be a Clerk to Parliament who shall be the
head of the Parliamentary Service.
(4) The appointment of the Clerk and the other members of
his staff in the Parliamentary Service shall be made by the
parliamentary Service Board in consultation with the Public
Services Commission.
(5) The Parliamentary Service Board shall, with the prior
approval of Parliament, make regulations, by constitutional
instrument, prescribing the terms and conditions of service
of the officers and other employees in the Parliamentary Service
and generally for the effective and efficient administration
of the Parliamentary Service.
Source: 4th Republican Constitution Of Ghana |
