In Ghana, the constitution is clear: anyone holding dual citizenship is prohibited from serving in public office. This rule, found in Article 92 Clause 2a, means that if someone owes allegiance to another country besides Ghana, they cannot hold positions such as Member of Parliament, Inspector General of Police, or ambassador.
Over the years, this law has led to several high-profile cases where the eligibility of certain public figures was challenged due to their dual citizenship. Here’s a look at three prominent Ghanaian figures who found themselves at the center of these controversies:
1. James Gyakye Quayson
James Gyakye Quayson, the Member of Parliament (MP) for the Assin North constituency, became one of the most talked-about cases following the 2020 general elections. Elected on the ticket of the National Democratic Congress (NDC), Quayson’s position was challenged in court over allegations that he held dual citizenship with Ghana and Canada.
In 2021, the Cape Coast High Court, led by Justice Kwasi Boakye, ruled that Quayson’s election was invalid because of his dual citizenship status. As a result, his title as MP was revoked. Despite appealing the decision, arguing that he had renounced his Canadian citizenship in 2019 and was therefore eligible to serve, the Appeals Court dismissed his appeal.
The Supreme Court later issued a ruling on April 13, 2022, ordering Quayson to stop presenting himself as an MP. This ruling came after Michael Ankomah-Nimfah, who had filed the original petition against Quayson, asked the court to enforce the Cape Coast High Court’s decision.
Despite this setback, Quayson later contested and won a by-election for the Assin North seat, securing 57.56% of the vote.
2. Dorcas Affo-Toffey
Dorcas Affo-Toffey, the MP for Jomoro, also faced legal challenges over accusations of dual citizenship. After winning her parliamentary seat in 2020, a resident of her constituency claimed that she held both Ghanaian and Ivorian citizenship, making her ineligible to serve as an MP.
The case dragged on for years, with Affo-Toffey defending her position in court. In the end, the Sekondi High Court ruled in her favor, declaring that her election as the Jomoro MP was legitimate. The court found that according to Ivorian law, any citizen who acquires citizenship in another country automatically loses their Ivorian citizenship. Therefore, Affo-Toffey was not a dual citizen when she contested the election.
3. Professor Richard Frimpong Oppong
Professor Richard Frimpong Oppong, a Supreme Court nominee, also faced significant scrutiny over his dual citizenship status. Oppong, who holds both Canadian and Ghanaian citizenships, encountered resistance from the minority in Parliament. They argued that Ghana’s laws prohibit dual citizens from holding key government positions, which would disqualify him from serving as a Supreme Court judge.
However, a recent Supreme Court ruling altered the landscape by striking down sections of the Citizenship Act that restricted dual citizens from holding certain public offices. This ruling now allows dual citizens to occupy positions such as Chief Justice, Chief Fire Officer, and even roles within the military. This development could pave the way for Prof. Oppong to become Ghana’s first dual citizen to sit on the Supreme Court bench.
Conclusion
These cases highlight the complexities surrounding dual citizenship in Ghana’s political and legal systems. While the constitution aims to ensure that public officials are fully committed to the nation, these high-profile cases demonstrate the challenges and debates that arise when individuals with ties to other countries seek to serve in public office. As Ghana continues to navigate these issues, the balance between upholding the constitution and recognizing the realities of a globalized world remains a key concern.
Source: Ghana Web
