The Council of State has advised Parliament not to pass a constitutional amendment bill seeking to remove restrictions that bar dual citizens from occupying certain public offices, Speaker Alban Bagbin said on Tuesday.
The proposed Constitution of the Republic of Ghana (Amendment) Bill, 2025, seeks to amend provisions of the 1992 Constitution relating to citizenship-based qualifications for public office.
Addressing Parliament, Bagbin said he had received the Council of State’s advisory opinion after referring the bill to the body on 30 March, in accordance with Article 291(2) of the Constitution.
“The Council has duly rendered its advice and, in doing so, has advised against the passage of the Bill by Parliament,” he told lawmakers.
Bagbin noted that the Council’s latest position differed from the advice it gave during the Eighth Parliament, when it endorsed a similar bill.
The earlier legislation was not passed before Parliament was dissolved, requiring it to be reintroduced in the current Parliament.
The Speaker emphasised that although the Council of State’s recommendation forms an important part of the constitutional amendment process, it does not bind Parliament.
“While the advice of the Council of State does not determine the legislative judgment of Parliament, it constitutes an important constitutional contribution to the deliberative process contemplated by the framers of the Constitution,” he said.
Under Article 291(2) of the 1992 Constitution, Parliament must refer proposed constitutional amendment bills to the Council of State for consideration and advice before proceeding with further deliberations.
It remains unclear whether Parliament will proceed with consideration of the bill despite the Council’s recommendation against its passage.