Persons with dual citizenship can become CJ, Chief Directors –SC

In a 6-1majority decision, the Supreme Court has ruled that certain provisions of the Citizenship Act, 2000 (ACT 581) are unconstitutional. These provisions, which prohibited individuals with dual citizenship from holding positions such as Chief Justice, Commissioner of the Value Added Tax Service, Director-General of the Prisons Service, Chief Fire Officer, Chief Director of a Ministry, or a rank of Colonel in the army or other security services, were found to be inconsistent with Article 289(2) of the 1992 Constitution.

The Supreme Court specifically declared sections 16(2)(a) and 16(2)(h)-(l) of the Citizenship Act 2000 (Act 591) as unconstitutional, as they violated Article 289(2) of the Constitution, which prohibits amendments to the Constitution by an Act of Parliament.

The judgment, delivered on April 24, 2024, in the case of ‘Francis Osei-Bonsu v The Attorney General’ (J1/16/2023), nullified these sections of the Citizenship Act. This decision now allows individuals with dual citizenship to be appointed to the specified positions and offices previously restricted by the Act.