How Ghana Is Governed

Who decides?

Who decided that school is free at the basic level? Who decides how much a trotro driver pays for a licence, where a new road goes, or what happens to someone who steals? Who decided that you may vote at 18, and not 16 or 21?

The answer in every case is government: the people and institutions that make rules for the country, carry them out and settle disputes about them.

Ghana is a republic and a democracy. A republic means the head of state is an elected President, not a king or queen. A democracy means the people choose, through elections, those who govern them, and can remove them.

In this book you will learn:

• what the 1992 Constitution is and why it matters
• the three arms of government and how they check one another
• how the President and Parliament are chosen and what they do
• how the courts work
• how elections are run
• how your district assembly governs your own area
• the rights you have and the duties you owe

Let us begin with the rule book.

What is a constitution?

A constitution is the supreme law of a country: the rule book that sets out how the country is governed, who holds power, how they get it, what they may and may not do, and what rights the people have.

Every other law must agree with it. If Parliament passes a law that goes against the Constitution, the Supreme Court can strike it down.

Think of a football match. The players are the politicians, the referee is the courts, and the rules of the game are the constitution. Without rules, the strongest side would simply do as it liked. With rules, everyone knows what is fair and what happens when it is broken.

Ghana's current constitution is the 1992 Constitution, approved by the people in a referendum (a national vote on one question) in April 1992 and brought into force on 7 January 1993. It created the Fourth Republic, the system we live under today.

Why "Fourth"? Because Ghana has had three earlier attempts, each cut short. The next page tells that story.

The road to the Fourth Republic

Ghana became independent on 6 March 1957 under Kwame Nkrumah, and a republic on 1 July 1960 (the First Republic). In 1966 the army and police removed Nkrumah in a coup d'état: a takeover by force.

Since then the country swung between elected governments and military rule:

Period	What happened
1960–66	First Republic (Nkrumah) ended by coup
1969–72	Second Republic (Busia) ended by coup
1979–81	Third Republic (Limann) ended by coup
1981–92	Military rule under the PNDC
1993–	Fourth Republic under the 1992 Constitution

Military governments are not chosen by the people and cannot easily be removed by them. The people who wrote the 1992 Constitution wanted to stop the cycle. They made coups illegal, protected human rights, spread power across several institutions, and set fixed dates for elections.

Since 1993 Ghana has held nine general elections and power has changed hands between parties peacefully several times. That is why Ghana is often called an example of democracy in Africa.

What is in the Constitution?

The 1992 Constitution has 26 chapters and nearly 300 articles. You do not need to know them all, but you should know the main parts:

• Chapter 1 – it is the supreme law; anyone who tries to overthrow it commits treason.
• Chapter 3 – who is a citizen.
• Chapter 5 – fundamental human rights and freedoms (your rights).
• Chapter 6 – directive principles of state policy (what government should aim for, such as education and health for all).
• Chapter 7 – representation of the people (elections, the Electoral Commission).
• Chapter 8 – the Executive (the President).
• Chapter 10 – the Legislature (Parliament).
• Chapter 11 – the Judiciary (the courts).
• Chapter 20 – decentralisation and local government (district assemblies).
• Chapter 22 – chieftaincy (the National House of Chiefs).

The Constitution can be changed (amended), but only with difficulty: some articles need a referendum and a very large majority, so that no single government can bend the rules for itself.

National symbols

The Constitution gives Ghana its national symbols, which stand for the nation above any party or leader.

The flag – red for the blood of those who died for independence; gold for mineral wealth; green for forests and farms; the black star for African freedom. Designed by Theodosia Okoh.

The coat of arms – two eagles hold a shield divided by a green St George's cross. On the shield: a sword and staff (local and traditional government), a castle on the sea (the national government), a cocoa tree (agriculture) and a mine (mineral wealth). Above is the black star; below, the motto "Freedom and Justice".

The anthem – God Bless Our Homeland Ghana.

The pledge – recited at school assemblies, promising to be faithful and loyal to Ghana.

Learning to respect these symbols is part of being a citizen: they belong to all 30 million of us, whichever party we support.

Try this

Write the first verse of the national anthem from memory, then check it.

The three arms of government

The Constitution divides the work of government into three arms (also called branches), each with a different job:

Arm	Job	Head	Where
Executive	carries out the laws and runs the country day to day	the President	Jubilee House, Accra
Legislature	makes the laws and approves the budget	the Speaker	Parliament House, Accra
Judiciary	interprets the laws and settles disputes	the Chief Justice	the courts, led by the Supreme Court

A simple way to remember: the Legislature makes the rules, the Executive applies them, and the Judiciary judges whether they have been followed.

This division is called the separation of powers. The idea is old and simple: if one person or group both made the laws and judged who had broken them, there would be nothing to stop them abusing their power. Splitting the jobs means each arm can watch the others.

Checks and balances

Separating powers is only half the idea. The other half is checks and balances: each arm has ways to limit the others.

Parliament checks the President:

• It must approve the people the President chooses as ministers.
• It must pass the budget before government can spend money.
• It can question ministers and investigate.
• It can remove the President for serious misconduct (impeachment), by a two-thirds vote after an inquiry.

The President checks Parliament:

• A bill passed by Parliament becomes law only when the President signs it. The President can send it back (a veto), though Parliament can override the veto with a two-thirds majority.

The courts check both:

• The Supreme Court can declare a law or a government action unconstitutional and cancel it.

And the others check the courts:

• Judges are appointed by the President with Parliament's or the Judicial Council's involvement, and can be removed only for proven misbehaviour.

No arm is all-powerful. That is the point.

Recap: the rule book and the three arms

• A constitution is the supreme law. Ghana's is the 1992 Constitution, in force since 7 January 1993, creating the Fourth Republic.
• It was written to end the cycle of coups and protect rights.
• Government is divided into three arms:
  • Executive – President – carries out laws
  • Legislature – Parliament, led by the Speaker – makes laws
  • Judiciary – courts, led by the Chief Justice – interprets laws
• Separation of powers keeps the jobs apart; checks and balances let each arm limit the others.
• National symbols (flag, coat of arms, anthem, pledge) belong to all citizens.

Quick quiz

1. In what year did the current Constitution come into force?
2. Which arm of government makes laws?
3. Who heads the Judiciary?
4. Give one way Parliament checks the President.
5. What do the colours of the flag stand for?

The President

The President is both head of state (the symbol of the nation, like a king in some countries) and head of government (the person in charge of running it). In many countries these are two different people; in Ghana they are one.

Chosen how? By direct election of all Ghanaian voters, every four years in December.

For how long? A four-year term, and a person may serve no more than two terms. This limit stops anyone staying in power for life.

Who may stand? A citizen of Ghana by birth, at least 40 years old, and qualified to be elected as an MP.

To win a candidate needs more than 50 % of the valid votes. If no one reaches that, the top two go to a run-off three weeks later. This happened in 2000 and 2008.

Oath – the new President is sworn in on 7 January at Black Star Square, promising to uphold the Constitution.

The Vice-President is elected on the same ticket and takes over if the President dies, resigns or is removed.

What the President does

The President's powers are set out in Chapter 8 of the Constitution. The main ones:

• Appoints ministers to run the ministries (Education, Health, Finance, Roads, and so on), with Parliament's approval. Most ministers must be MPs.
• Appoints the Chief Justice and other senior judges, heads of the army and police, ambassadors, and the chief executives of regions and districts.
• Commands the armed forces as Commander-in-Chief.
• Signs bills into law, or sends them back to Parliament.
• Represents Ghana abroad, signs treaties (which Parliament must ratify) and receives foreign leaders.
• Presents the budget through the Minister of Finance.
• Grants pardons to convicted people.

The President is helped by:

• the Cabinet – the senior ministers who meet to decide policy;
• the Council of State – a small body of experienced citizens, including former heads of key institutions and regional representatives, who advise the President.

Power with limits: the President cannot make laws alone, spend money Parliament has not approved, or ignore a court ruling.

Ministries and the civil service

The President and ministers decide what should be done. The civil service does it. Civil servants are permanent, professional staff who stay in post whichever party wins, and who run the day-to-day work of the state.

Examples:

• The Ministry of Education sets policy; the Ghana Education Service (GES) runs the schools and employs the teachers.
• The Ministry of Health sets policy; the Ghana Health Service runs hospitals and clinics.
• The Ministry of Finance prepares the budget; the Ghana Revenue Authority collects taxes.
• The Ministry of Roads and Highways plans; the Ghana Highway Authority builds and maintains.

Other important bodies work independently of ministers so they cannot be pushed around: the Electoral Commission, the Auditor-General (checks how public money is spent), the Commission on Human Rights and Administrative Justice (CHRAJ) and the Bank of Ghana.

Try this

Find out which ministry is responsible for (a) water supply, (b) sports, (c) the police. Then name one agency under each.

Parliament

Parliament is Ghana's legislature, the law-making body. It has one chamber (it is unicameral), unlike countries such as Nigeria or the United Kingdom that have two.

Members – Ghana is divided into constituencies, each electing one Member of Parliament (MP). There are 276 constituencies following the 2024 general election. Voters choose their MP on the same day they choose the President.

Term – four years. The whole Parliament is elected together.

Who may stand – a citizen aged at least 21, registered to vote, who has lived in or is from the constituency area and is not disqualified (for example by bankruptcy or a serious conviction).

The Speaker – elected by MPs at the first sitting; chairs debates, keeps order and is not required to be an MP. The Speaker is the third-highest office in the land after the President and Vice-President.

Majority and Minority – the party with more seats forms the Majority and usually supports the President; the Minority holds the government to account.

Parliament meets at Parliament House, in the State House grounds, Accra.

What Parliament does

Parliament has four main jobs.

1. Making laws. Only Parliament can pass Acts. The Free SHS policy, the law creating the NHIS, the Right to Information Act, the Cybersecurity Act: all began as bills in Parliament.

2. Controlling public money. Government cannot tax or spend without Parliament's approval. Each November the Minister of Finance presents the budget, and MPs debate and vote on it. Parliament also approves loans and large contracts.

3. Scrutiny: holding government to account. MPs ask ministers questions, debate their decisions, and sit on committees (Education, Health, Public Accounts, and so on) that examine ministries in detail. The Public Accounts Committee goes through the Auditor-General's reports and questions officials about misused funds in public.

4. Representing the people. Each MP speaks for a constituency, brings its problems to Accra, and helps its development through the MPs' Common Fund.

MPs also approve the President's nominees for minister and senior posts, and can remove the President or judges in extreme cases.

How a law is made

A proposed law is a bill. It becomes an Act by these steps:

1. Drafting – usually a ministry writes it, with the Attorney-General's lawyers. The bill is published in the Gazette at least 14 days before it comes to Parliament, so the public can read it.
2. First reading – the bill is introduced; its title is read. No debate.
3. Committee stage – the relevant committee studies it line by line, invites experts and the public, and reports back with suggested changes.
4. Second reading – MPs debate the principles of the bill and vote on whether to continue.
5. Consideration stage – the whole House goes through the bill clause by clause and votes on amendments.
6. Third reading – a final vote on the whole bill.
7. Presidential assent – the President signs within seven days, or sends it back with reasons. If two-thirds of MPs pass it again, it becomes law anyway.
8. Gazetting – the new Act is published and comes into force.

Urgent bills can move faster under a certificate of urgency, but the steps are the same.

Recap: President and Parliament

	President	Parliament
Arm	Executive	Legislature
Chosen by	all voters nationally	voters in each constituency
Term	4 years, maximum 2 terms	4 years
Minimum age	40	21
To win	more than 50 % (or run-off)	most votes in the constituency
Main job	carry out laws, run the country	make laws, control money, scrutinise
Head	the President	the Speaker
Seat	Jubilee House	Parliament House

A bill becomes an Act through readings, committee and consideration stages, a final vote and presidential assent.

Quick quiz

1. How many terms may a President serve?
2. What happens if no presidential candidate wins more than half the votes?
3. Who chairs debates in Parliament?
4. Name two things Parliament must approve before government can act.
5. At which stage do MPs vote on amendments to a bill?

The Judiciary

The Judiciary is the system of courts and judges. Its job is to interpret the law (say what it means), apply it to real cases, and settle disputes, between citizens, between a citizen and the state, and between arms of government.

The Constitution says the Judiciary is independent: no President, minister or MP may tell a judge how to decide a case. Judges are protected so they can be fearless:

• They are appointed on merit by the President, acting on the advice of the Judicial Council and, for the Supreme Court, with Parliament's approval.
• They hold office until retirement (70 for the Supreme Court) and can be removed only for stated misbehaviour or incapacity, after an inquiry.
• Their salaries cannot be cut while in office.

The head of the Judiciary is the Chief Justice, who is also the senior judge of the Supreme Court and manages the whole court system.

Why does independence matter? Because the state is often one side in a case. A judge who could be sacked by the President could not judge the President fairly.

The courts, from top to bottom

Ghana's courts form a ladder. A case usually begins at the bottom; a party who thinks the decision was wrong can appeal to the next rung.

Superior courts

• Supreme Court – the highest court. It is the final court of appeal and the only court that can interpret the Constitution. It decided the 2012 and 2020 presidential election petitions.
• Court of Appeal – hears appeals from the High Court.
• High Court – hears serious criminal cases (murder, armed robbery) and large civil cases; also protects human rights. There are divisions for commercial, land, labour and human-rights cases.

Lower courts

• Circuit Courts – mid-level criminal and civil cases.
• District Courts – minor offences, small debts, family matters; the court most citizens meet. Juvenile Courts sit here for children in trouble.

Alongside these are Regional Tribunals and, for chieftaincy disputes, the Judicial Committees of the Houses of Chiefs.

Every accused person has the right to a fair and public hearing and is innocent until proven guilty.

Justice in daily life

The courts are not only for politicians and big companies. Here is how the system touches ordinary people.

• A land dispute between two families in a village goes to the High Court's land division, or first to the chief's court if both agree.
• A trader who is not paid for goods can sue in the District Court for the money.
• A worker sacked unfairly can take the employer to the Labour Division of the High Court.
• Someone arrested must be taken before a court within 48 hours or released; this is a right in Article 14 of the Constitution.
• A pupil's parents who believe the child was unfairly treated by a public body can complain to CHRAJ, which investigates for free.
• Legal Aid gives free lawyers to those who cannot pay.

Justice has problems too: cases can take years, courts are far from many villages, and lawyers are expensive. Reforms such as e-justice (filing cases online) and more District Courts aim to fix this.

Try this

Find the nearest court to your school. What kind of court is it, and what cases does it hear?

Recap: the Judiciary

• The Judiciary interprets and applies the law and settles disputes. Its head is the Chief Justice.
• Judges are independent: appointed on merit, secure in office, free from orders by the other arms.
• The courts are a ladder: District and Circuit Courts → High Court → Court of Appeal → Supreme Court, the final court and the only one that interprets the Constitution.
• Everyone is innocent until proven guilty, has the right to a fair hearing, and must be brought to court within 48 hours of arrest.
• CHRAJ and Legal Aid help citizens who cannot afford lawyers.

Quick quiz

1. Which court can interpret the Constitution?
2. Name the court most ordinary citizens would use for a small debt.
3. Why are judges given security of office?
4. Within how many hours must an arrested person be brought to court?
5. Who heads the Judiciary?

Elections: the people choose

An election is how the people choose who governs them. In Ghana the big one is the general election, held every four years on 7 December, when voters choose both the President and their MP on the same day.

Other elections:

• District assembly and unit committee elections, also every four years, but on a different date and without political parties.
• By-elections, held when an MP dies or resigns between general elections.
• Referendums, when the people vote on a single question, such as changing the Constitution.

Who may vote? Any Ghanaian citizen aged 18 or over, of sound mind, who has registered and holds a voter ID card. Voting is a right, not a duty; nobody may force you to vote or tell you how to vote. The ballot is secret.

Elections in Ghana are keenly fought between the two largest parties, the NDC and the NPP, with smaller parties and independents also standing. Since 1992, power has changed hands between parties four times, each time peacefully.

The Electoral Commission

Elections are run by the Electoral Commission (EC), an independent body created by the Constitution. It has seven members, led by a Chairperson, appointed by the President in consultation with the Council of State and protected from removal like a judge.

The EC's jobs:

• Register voters and keep the voters' register up to date.
• Draw constituency boundaries and review them after each census.
• Register political parties and make sure they follow the rules.
• Educate the public about voting.
• Conduct all public elections and referendums and declare the results.

The EC must treat all parties equally. Party agents watch every polling station and sign the result sheets, so the count is seen by everyone. Observers from Ghanaian groups (such as CODEO) and from abroad also watch.

If a party believes the presidential result was wrong, it may petition the Supreme Court, as happened in 2012 and 2020. Both times the Court heard the case in public and the losing side accepted the ruling. That is the rule of law working.

Election day, step by step

Here is what happens at a polling station, often a school classroom, on 7 December.

1. Opening at 7 a.m. The presiding officer shows party agents that the ballot boxes are empty, then seals them.
2. Identification – the voter shows a voter ID card; the biometric machine checks the fingerprint; the name is ticked off the register.
3. Ink – a finger is marked with indelible ink so nobody can vote twice.
4. Two ballot papers – one for President, one for MP. In the booth, alone, the voter thumbprints beside one candidate on each.
5. The boxes – the papers go into the correct boxes in full view.
6. Closing at 5 p.m. Anyone still in the queue may vote.
7. Counting happens at the polling station, in public. Agents sign the result sheet (the "pink sheet"), and a copy is posted on the wall.
8. Results travel to the constituency collation centre, then to the EC in Accra, which declares the winners.

Counting in public at every station is one reason Ghana's results are trusted.

Political parties

A political party is a group of people with shared ideas about how the country should be run, who put up candidates for election. Parties:

• choose candidates for President and Parliament
• write a manifesto (their promises) for voters to judge
• campaign and explain their ideas
• organise MPs to work together in Parliament
• in opposition, criticise government and offer alternatives

The Constitution says parties must be national: they must have members in every region, cannot be based on one ethnic group or religion, and must publish their accounts.

Ghana's two largest parties are the NDC (umbrella symbol) and the NPP (elephant). Others include the CPP, PNC and newer movements. Independents may stand without any party.

A healthy democracy needs a strong opposition: without it, no one asks hard questions. The Constitution gives the Minority in Parliament a formal role for exactly this reason.

Try this

Find the manifesto of any party from the last election. Pick one promise about education and say how you would check whether it has been kept.

Recap: elections

• Ghana holds a general election every four years on 7 December for the President and all MPs.
• Voters must be citizens aged 18+ with a voter ID. Voting is secret and free.
• The Electoral Commission, an independent body, runs elections: registering voters, drawing boundaries, registering parties, conducting the vote and declaring results.
• Counting is done in public at each polling station, with party agents signing the results.
• Disputes about the presidential result go to the Supreme Court.
• Political parties must be national, write manifestos and provide candidates; a strong opposition keeps government honest.

Quick quiz

1. On what date is the general election held?
2. Who may vote?
3. Name three jobs of the Electoral Commission.
4. Where are the votes counted?
5. Why must parties be "national" in character?

Local government: bringing power closer

Accra cannot know whether the bridge in your village has collapsed or the market in your town needs a new shed. So the Constitution requires decentralisation: moving some power and money from the centre to local bodies that are close to the people.

Ghana has 16 regions, each with a Regional Minister appointed by the President and a Regional Coordinating Council that oversees the districts.

Below the regions are 261 Metropolitan, Municipal and District Assemblies (MMDAs):

• Metropolitan – the biggest cities (population over 250,000), such as Accra, Kumasi, Tamale.
• Municipal – large towns (over 95,000), such as Ho, Tema, Sunyani.
• District – everywhere else (over 75,000).

Each assembly is the highest political authority in its area. It is both a mini-legislature (it passes by-laws) and a mini-executive (it builds and runs services). It is the part of government you are most likely to see at work: the public toilet, the market, the borehole, the feeder road.

Who sits in the assembly?

A District Assembly is made up of:

• Elected assembly members – 70 % of the seats. Each electoral area (a group of communities) elects one member, every four years, on a non-partisan basis: candidates stand as individuals, not for a party.
• Appointed members – 30 %, chosen by the President in consultation with chiefs and local groups, to bring in skills such as doctors, teachers, engineers and representatives of women and youth.
• The MP(s) for the area, who sit but do not vote.
• The District Chief Executive.

The District Chief Executive (DCE) (or Metropolitan or Municipal Chief Executive) is the head of the assembly's executive. The President nominates the DCE, and two-thirds of the assembly members present must approve the nominee. The DCE chairs the Executive Committee, which carries out the assembly's decisions.

The Presiding Member is elected by the assembly from among its members to chair meetings, as the Speaker does in Parliament.

Below the assembly are Unit Committees, elected in each community, the lowest level of government and the closest to you.

What the district assembly does

The assembly plans and provides for the development of its area. Its duties include:

• Education – building and maintaining basic school classrooms, supplying furniture; the GES provides teachers.
• Health – clinics and CHPS compounds, sanitation, refuse collection, public toilets.
• Water – boreholes and small-town water systems.
• Roads – feeder roads, streetlights, drains.
• Markets and lorry parks – building and managing them, collecting tolls.
• Planning – approving building permits, zoning land, naming streets.
• By-laws – local rules on, for example, noise, sanitation and market days, enforced by assembly guards.
• Disaster response, working with NADMO.

Where does the money come from?

• the District Assemblies Common Fund – at least 5 % of national revenue, shared among all assemblies by Parliament's formula;
• internally generated funds – property rates, market tolls, business licences, building permits;
• grants from ministries and donors.

Try this

List three things in your community built or run by your assembly. How is each paid for?

Chiefs and traditional authority

Long before the republic, Ghana's peoples governed themselves through chiefs: the Asantehene in Kumasi, the Ga Mantse in Accra, the Ya-Na in Yendi, the Awoamefia of Anlo, and thousands of paramount, divisional and village chiefs.

The 1992 Constitution protects chieftaincy (Chapter 22). Chiefs are chosen by custom, not election, and may not take part in party politics, which keeps them above the divisions of elections.

Chiefs still matter:

• They are custodians of land in much of the country; developments need their consent.
• They settle disputes in their courts, especially about land, marriage and custom.
• They mobilise communities for development: communal labour, school building, festivals.
• They advise the district assembly, and sit in the Regional and National Houses of Chiefs, which rule on chieftaincy disputes and record customary law.

Modern and traditional government work side by side. The DCE and the paramount chief of the same area will often share a platform at a durbar, each with a different kind of authority.

Recap: local government

• Decentralisation moves power close to the people: 16 regions, 261 MMDAs, and unit committees.
• A District Assembly has 70 % elected members (non-partisan, four-year terms) and 30 % appointed by the President.
• The DCE is nominated by the President and approved by two-thirds of the assembly; the Presiding Member chairs meetings.
• Assemblies build and run schools, clinics, water, roads, markets and sanitation, pass by-laws and plan land use.
• Money comes from the Common Fund, local rates and tolls, and grants.
• Chiefs are protected by the Constitution, chosen by custom, outside party politics, and important for land, disputes and development.

Quick quiz

1. How many regions does Ghana have?
2. What share of assembly members is elected?
3. Who approves the President's nominee for DCE?
4. Name two sources of an assembly's money.
5. Why are chiefs barred from party politics?

Your rights: Chapter 5

Chapter 5 of the Constitution lists the fundamental human rights and freedoms of everyone in Ghana. They belong to you by being human; the state did not give them and may not take them away without very good reason set out in law.

The main rights:

• Life (Art. 13) – no one may be killed except by a court sentence after a fair trial.
• Personal liberty (Art. 14) – no arrest without reason; court within 48 hours.
• Human dignity (Art. 15) – no torture or degrading treatment.
• Equality and freedom from discrimination (Art. 17) – on grounds of gender, race, ethnic origin, religion, creed or social status.
• Privacy (Art. 18) of home and correspondence.
• Fair trial (Art. 19) – innocent until proven guilty, told the charge, allowed a lawyer.
• Property (Art. 20) – no taking of property without fair payment.
• Freedoms (Art. 21) – of speech, the press, thought, religion, assembly, association, movement, and to take part in public life.
• Education (Art. 25) – free, compulsory basic education; secondary education made progressively free.
• Women's rights (Art. 27), children's rights (Art. 28), rights of disabled persons (Art. 29).

Children's rights

Article 28 of the Constitution is about you. It says Parliament must make laws so that every child has:

• the right to the care of parents and, if parents fail, the care of the state;
• protection from work that threatens health, education or development;
• protection from physical or moral harm;
• the right to medical treatment, whatever the parents' religion;
• protection from being deprived of liberty except by a court;
• no discrimination because of the circumstances of birth.

The Children's Act (1998) fills these out: the minimum age for ordinary work is 15, for hazardous work 18; a child must not be married under 18; every child has a right to a name, a nationality, education and to express an opinion on matters that affect them.

Who protects these rights? Parents first; then schools, the Department of Social Welfare, the police's DOVVSU unit, CHRAJ, and the courts.

Try this

A 13-year-old is kept out of school to sell at the market all day. Which articles and which Act does this breach? Who could the child or a neighbour turn to?

Rights come with duties

Rights are not free-standing. If you have a right to education, someone must pay the teacher; if you have a right to safety, someone must obey the law. Article 41 of the Constitution lists the duties of a citizen:

• to promote the prestige and good name of Ghana and respect its symbols;
• to uphold the Constitution and the law;
• to foster national unity and live in harmony with others;
• to respect the rights and freedoms of others;
• to work conscientiously in a lawful occupation;
• to protect and preserve public property and expose waste and misuse;
• to contribute to the well-being of the community;
• to defend Ghana and render national service when required;
• to co-operate with lawful agencies in maintaining law and order;
• to declare income honestly and pay taxes;
• to protect the environment.

Every right you enjoy is someone else's duty, and every duty you perform protects someone else's right.

Being a good citizen now

You do not have to wait until 18 to be a citizen. Here is what citizenship looks like for a Basic 8 pupil:

At school

• Come on time; do the work. Free basic education is a right paid for by taxpayers.
• Look after textbooks, desks and the school's property.
• Treat everyone fairly: no bullying, no mocking anyone's ethnic group, religion or disability.
• Take part: class prefect elections, debate club, clean-up days.

In the community

• Join communal labour.
• Do not litter; dispose of rubbish properly. Choked gutters flood whole neighbourhoods.
• Report dangers (a broken wire, an open manhole) to an adult or the assembly member.
• Respect elders and chiefs, and expect to be respected in return.

As a future voter

• Follow the news. Learn the difference between a fact and a rumour, and check before you share.
• Register to vote when you turn 18.
• Judge leaders by what they do, not by their party, their region or what they give out at election time.

Try this

Draw up a five-point "citizen's charter" for your class.

Corruption and accountability

Corruption is using public power for private gain: a bribe to pass an inspection, a contract given to a friend, a ghost name on the payroll. It steals from everyone: a stolen cedi is a desk, a drug or a kilometre of road that never arrives.

The Constitution and laws set up watchdogs:

• the Auditor-General – examines all public accounts and reports to Parliament;
• the Public Accounts Committee – questions officials about the reports, in public;
• CHRAJ – investigates corruption and abuse of office;
• the Office of the Special Prosecutor – prosecutes corruption cases;
• EOCO – investigates economic and organised crime;
• the Right to Information Act (2019) – lets any citizen ask a public body for information, and get it;
• a free press, protected by Article 162, which exposes wrongdoing.

Accountability means those with power must answer for how they use it. Elections are the biggest form: every four years the people can say no.

You play a part too: refusing to pay or offer a bribe, and speaking up when you see one, is citizenship in action.

Paying for government: the budget

Schools, hospitals, roads, judges' salaries, the army: all of it costs money. Where does government get it?

Taxes – the largest source:

• Income tax (PAYE) taken from salaries;
• VAT and levies added to the price of goods and services;
• Import duties paid at Tema and Takoradi ports and at borders;
• Corporate tax paid by companies on their profits;
• Property rates and tolls collected by assemblies.

Non-tax revenue – royalties from gold, oil and cocoa; fees for passports and licences; profits of state companies.

Borrowing – loans from banks, from other countries and from bodies such as the World Bank and IMF. Loans must be repaid with interest, so Parliament must approve each one.

Each November the Minister of Finance presents the budget to Parliament: how much will be raised and how it will be spent. MPs debate it line by line. Once passed, the Appropriation Act gives government permission to spend.

Paying tax is a duty in Article 41. A citizen who dodges tax is taking a service without paying for it.

Ghana in the world

Government does not stop at the border. Ghana belongs to international bodies that shape its laws and daily life.

ECOWAS (Economic Community of West African States) – fifteen West African countries, headquartered in Abuja. Citizens may travel and trade across member states with an ECOWAS passport, which is why Nigerian and Togolese traders are common in Ghana's markets and Ghanaians in theirs. The ECOWAS Court can hear human-rights cases from Ghanaian citizens.

The African Union (AU) – all African states, headquartered in Addis Ababa; Ghana was a founder of its predecessor, the OAU, in 1963. Ghana hosts the secretariat of the African Continental Free Trade Area in Accra.

The United Nations (UN) – Ghana joined in 1957, has served on the Security Council, and is one of the largest contributors of peacekeeping troops. Kofi Annan, a Ghanaian, was UN Secretary-General from 1997 to 2006.

The Commonwealth – countries once ruled by Britain, sharing English, parliamentary traditions and the Commonwealth Games.

Treaties Ghana signs must be ratified by Parliament before they bind the country. International law thus enters through the same door as every other law.

Recap: rights and duties

• Chapter 5 guarantees fundamental human rights: life, liberty, dignity, equality, privacy, fair trial, property, freedoms of speech, religion, assembly and movement, and education.
• Article 28 and the Children's Act protect children from harmful work, early marriage and harm, and guarantee care, health and education.
• Article 41 lists the duties of a citizen: obey the law, respect others' rights, work honestly, protect public property, pay taxes, protect the environment, defend Ghana.
• CHRAJ, the Auditor-General, the Special Prosecutor and a free press hold power to account; elections are the people's final check.

Quick quiz

1. Which chapter of the Constitution lists human rights?
2. Name three freedoms in Article 21.
3. Below what age may a child not do hazardous work?
4. Give three duties of a citizen from Article 41.
5. What does the Right to Information Act allow you to do?

Test yourself

Section A: short answers

1. When did the 1992 Constitution come into force, and what republic did it begin?
2. Name the three arms of government and the head of each.
3. What is meant by "separation of powers"?
4. State the minimum age to be (a) President, (b) an MP, (c) a voter.
5. Describe two ways Parliament checks the Executive.
6. List the courts of Ghana from the lowest to the highest.
7. What is the role of the Electoral Commission?
8. Explain the difference between elected and appointed members of a district assembly.

Section B: think and explain

9. "Judges should be independent." Explain what this means and why it matters, with an example.
10. A village has no clean water. Explain which level of government is responsible and how the money might be found.
11. Why did the writers of the 1992 Constitution set a limit of two terms for the President?
12. Choose one right from Chapter 5 and one duty from Article 41 and explain how they depend on each other.

Test answers: Section A

1. 7 January 1993; the Fourth Republic.
2. Executive (President); Legislature (Speaker of Parliament); Judiciary (Chief Justice).
3. Dividing the work of government among separate bodies so that no one person or group makes, carries out and judges the law.
4. (a) 40, (b) 21, (c) 18.
5. Any two: approving ministers; passing the budget and taxes; questioning ministers and committee scrutiny; impeachment; ratifying loans and treaties.
6. District Court → Circuit Court → High Court (and Regional Tribunal) → Court of Appeal → Supreme Court.
7. Registering voters, drawing constituency boundaries, registering parties, voter education, conducting elections and referendums, declaring results.
8. Elected: 70 %, chosen by voters of each electoral area without parties. Appointed: 30 %, chosen by the President in consultation with chiefs and local groups to add skills and representation.

Test answers: Section B

9. Judges decide cases on the law and the facts only, free from orders by the President or Parliament and from fear of being sacked. Example: the Supreme Court hearing a petition against the election of the sitting President, in 2012 and 2020, and both sides accepting the ruling.
10. The District Assembly, through its medium-term development plan; funded from the District Assemblies Common Fund, its own internally generated funds, or a grant through the Community Water and Sanitation Agency or a donor.
11. To prevent any leader staying in power indefinitely, as some did before the coups; to guarantee regular change, fresh ideas and accountability to the voters.
12. For example: the right to free basic education depends on citizens' duty to declare income honestly and pay taxes, which pay the teachers; the right to own property depends on everyone's duty to obey the law and protect public and private property.

Scoring: 11–12 correct, excellent; 8–10, good, revisit the recaps for the ones you missed; below 8, work through the quizzes again.

Glossary

Constitution — the supreme law setting out how a country is governed and the rights of its people.

Republic — a state whose head is an elected President, not a monarch.

Democracy — government chosen by the people through free elections.

Coup d'état — the seizure of government by force, usually by the military.

Executive / Legislature / Judiciary — the three arms: carrying out laws, making laws, interpreting laws.

Separation of powers — dividing those three jobs among different bodies.

Checks and balances — the powers each arm has to limit the others.

Bill / Act — a proposed law / a law passed by Parliament and signed by the President.

Constituency — the area that elects one MP.

Run-off — a second presidential vote between the top two candidates.

Referendum — a national vote on a single question.

Decentralisation — moving power and money from central government to local bodies.

By-law — a local rule made by a district assembly.

CHRAJ — Commission on Human Rights and Administrative Justice.

Impeachment — the process by which Parliament can remove a President.

Learn more

• Parliament of Ghana (Wikipedia) — history, structure and current make-up of Parliament.
• Judicial Service of Ghana — the courts' own site, with the structure of the Judiciary and news of cases.
• Electoral Commission of Ghana: Elections — how elections are run, with results and timetables.
• ConstitutionNet: Ghana — the full text of the 1992 Constitution and its history.
• Office of the President — the Executive's official site.

Watch more

Think about it

1. Why do you think the Constitution insists that political parties be national and not based on one ethnic group or religion?
2. If you could add one right to Chapter 5, what would it be, and whose duty would it create?
3. The President nominates the District Chief Executive, but assembly members are elected. Some people want DCEs to be elected too. What would be gained and lost?
4. Chiefs may not take part in party politics. Is this fair to them? Is it good for the country?
5. Counting votes in public at each polling station makes elections slower. Why might the slow way be the better way?