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Council of State blocks passage of Dual Citizen Bill

Wednesday 8th July 2026 12:00:00 PM
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The Council of State of President John Dramani Mahama administration has advised Parliament against proceeding with the passage of the Constitution of Ghana (Amendment) Bill, a proposed legislation that seeks to remove constitutional restrictions preventing dual citizens from occupying some of the highest public offices.

The development was disclosed by Speaker of Parliament, Alban Sumana Kingsford Bagbin, who informed the House that he had received official communication from the Council of State advising against the passage of the bill.

The intervention introduces a fresh constitutional hurdle for one of the Mahama administration’s key constitutional reform proposals and has sparked renewed debate over citizenship, national loyalty and public office.

The proposed Constitution of Ghana (Amendment) Bill was laid before Parliament on February 17, 2026, as part of the government’s constitutional reform agenda. The legislation seeks to amend Article 94(2)(a) and other related constitutional provisions that currently bar persons who owe allegiance to another country from occupying certain sensitive state positions.

If passed, the amendment would allow Ghanaians who hold dual citizenship to serve in several strategic offices that are currently restricted under the 1992 Constitution.

These include Ambassador and High Commissioner, Chief of Defence Staff of the Ghana Armed Forces, Inspector-General of Police, Secretary to the Cabinet and other constitutionally protected positions where exclusive allegiance to Ghana is presently required.

Supporters of the amendment have argued that the existing constitutional provisions are outdated and deny the country the opportunity to benefit from the expertise, international exposure and professional experience of many highly qualified Ghanaians living abroad.

They contend that many dual citizens have acquired valuable knowledge and skills that could significantly contribute to national development if permitted to serve in senior public office.

However, the Council of State has expressed reservations over the proposed amendment. According to the communication conveyed to Parliament, the advisory body believes removing the constitutional restrictions could raise concerns relating to national security, state loyalty and exclusive allegiance to the Republic of Ghana, particularly for officials entrusted with the country’s security, diplomatic and strategic governance responsibilities.

The advice from the Council of State represents a significant setback for the proposed constitutional amendment, especially considering the Council’s constitutional role as one of the country’s principal advisory institutions to the President and other organs of state.

Speaker Alban Bagbin informed Members of Parliament that the Council’s position has been formally communicated to the House for consideration as Parliament continues deliberations on the bill.

The Speaker did not indicate whether Parliament would suspend consideration of the legislation or proceed with further debate despite the advisory opinion.

The Constitution of Ghana (Amendment) Bill forms part of a broader constitutional review process initiated by the Mahama administration following recommendations from the Constitutional Review Committee. The committee proposed several reforms aimed at modernising aspects of the governance framework, including eligibility for public office, decentralisation and other constitutional changes.

The latest intervention by the Council of State comes at a time when Parliament is already facing heightened scrutiny over several major legislative proposals, including the Human Sexual Rights and Family Values Bill, popularly known as the Anti-LGBTQ Bill, where procedural concerns have generated disagreements among Parliament, the Executive and other stakeholders.

While the Council of State’s advice is not legally binding on Parliament, it is expected to carry considerable influence as lawmakers deliberate on whether to proceed with the constitutional amendment.

The issue is likely to generate intense debate in the House, particularly over balancing national security considerations against calls to broaden opportunities for qualified Ghanaians in the diaspora.

Parliament is expected to consider the Council of State’s recommendations before determining the next steps regarding the proposed amendment, which, if approved, would require compliance with the constitutional procedures governing amendments to entrenched provisions of the 1992 Constitution.

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