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23.08.2021 Feature Article

An Open Letter to President Akufo-Addo on not to assent or sign the Citizenship Amendment Bill 2021 into law

An Open Letter to President Akufo-Addo on not to assent or sign the Citizenship Amendment Bill 2021 into law
23.08.2021 LISTEN

His Excellency Mr President, first of all let me express my thanks to you for the boldness, open mindedness, goal oriented and resolute stance that led or are leading to positive/pro-poor interventions/policies. Which some of the populace alleged or are alleging as impossible policies/projects but thanks to Almighty God your policies/projects have been or are becoming partly a reality or simply a reality in our time. These good policies/projects are to move Ghana in the path of industrialization and these policies/projects coupled with the measures (including the public sector digitation) for the reduction of corruption are with your ambition to navigate Ghana beyond Aid to an economically independent, self-assured, peaceable and rich Country.

This has been so, due to your thinking critically and very big, which led or leading to a clear idea of how the future of Ghana should look and putting up out concrete steps to bring your buy-in vision by the citizenry (voting public) to life with competent team in that direction, thus making Ghana to be regarded globally with a President with the hallmark of visionary leadership style.

But, Mr President I think the critics of your policies also deserve commendations for challenging (stimulating) and thus also energizing the public interest in ensuring that you meet the vision as proclaimed by you (buy-in vision by the citizenry). This is in consonance with a principle of participatory government that Nationals to be citizens and not spectators as envisaged by the proponents of the 1992 Constitution which brought about the Fourth Republic of Ghana. Hence, my open letter to you or my perspectives to the Public kicking against the Citizenship Amendment Bill 2021, championed by Hon Kennedy Nyarko Osei, the MP for Akim Oda, humbly requesting to you, Mr President not to assent (signature) to make it operational or law when it is submitted to you.

His Excellency Mr President, it was heartwarming to hear from you during a recent meeting with CSOs at the Jubilee House, telling them that you were of the view that the 1992 Constitution is not all that bad, so we need to protect and uphold the Constitution but like the Constitution of other nations example USA, some areas need to be fine-tuned with time, without throwing it away as being demanded by some of the proponents of Fix Ghana.

Mr President, as a patriotic senior citizen and not a spectator, I humbly feel that, I have a responsibility to perform to my Country, Mankind, and History and above of all to the Almighty God through upholding, preserving, protecting and defending the 1992 Constitution which was given by 93 % of the people of Ghana by a referendum on 28th April 1992. Hence, Mr President to the best of my judgment at all times when required, freely give my counsel and advice for the good management of this country and with all my strength fight till death in order to protect the 1992 Constitution.

It is for this reason that, I am writing to you to halt the Citizenship Amendment bill 2021 in Parliament meant to amend Article 94 (2) (a) of the Constitution, so as to allow Dual Citizenship holders to hold or occupy the elected Public Policy making Offices of the President of Ghana or Member of Parliament as at and also amend Article 8 (2) to allow Dual Citizenship holders to hold or occupy such appointment as Ambassadors, Secretary to the cabinet, the Chief of Defence Staff and Military Services Commanders, the IGP etc as amended in 1996. This noxious bill is championed by Hon Kennedy Nyarko Osei, the MP for Akim Oda. One may say that his action is based on the Parliamentary membership casualty which was suffered by the Late Hon Adamu Daramani Sankande, a Member of Parliament of the fifth Parliament of the Fourth Republic, who was disqualified by a Court of Competent jurisdiction for the breach of the relevant provision of the constitution etc as well as the recent case of Hon Joe Quayson, the MP of Assin North Constituency.

Mr President, I, hereby remind our dear Members of Parliament, and CSOs to discard or not to be driven by emotions on Constitutional matters and do proper research or critical analysis on the matter and appreciate the reasons or the spirit (intention) for the proponents of the 1992 Constitution in coming out with the provisions in the Constitution. Please, pardon me to bore you by talking initially on Nationality and Citizenship, this is so with the view to dealing with the bone of contention (the burden of dual Citizenship).

According to some authorities or some legal jurisdiction like the UK and USA, there is a vast difference between Nationality and Citizenship. That Nationality implies where you are born or place of birth or origin hence based on the right of the Soil (Jus Soli) that is birthright citizenship hence a natural phenomenon. Nationality is also obtained by inheritance from your parents or grandparents (Jus Sanguinis or by blood or by descent) hence also a natural phenomenon. For both ways, one may say it is given to you by Almighty God because it is acquired by natural phenomena that is a place of birth or from parents or ancestors.

Literally, speaking you cannot change your Nationality, implying that you are a National to one Country throughout your lifetime. Nationality therefore deals with permanent allegiance to only one State. But it must be noted that since one also gain one’s Nationality from one’s parents, then in special cases, in which one’s parents are from two different Countries say Ghana and Togo will make one acquire Dual Nationalities. Hence, the American Constitution requires that qualified candidate for or the President of USA must be born within USA to at least one parent who is a national of USA as a means to ensure Allegiance. That is how senator Obama got qualified and was elected as the 44th President of USA.

But since legally, nationality means an internationally-recognized relationship between a country and a person that, among other things, allows the person to hold the passport of that Country this has made some Countries or people to claim that by holding the passport of another Country then one has acquire dual Nationality. Also as stated in a special case where one is born to parents from different Countries, then Dual Nationality is therefore acquired by blood and by the default rule. So based on international conventions, every sovereign state is entitled to determine its nationals, as per nationality law and one has the right to enter or return to the country, they came from.

USA Nationals both Citizen-Nationals and Non-Citizen Nationals must enter and exit USA with only passports of USA, hence making the Citizens--Nationals and Non-Citizens-National of USA to be covered by laws and protection of USA. Hence on the basis of constitutional provisions, every state sets the criteria which determine who can be the nationals of the country. It provides the country, rights over the person.

Further, it provides, protection of the nation from other nations to the person. For instance, U.S.A Nationals from American Samoa and the Swains Island, as well as individuals born outside of the United States to two U.S.A national parents, likewise, a person born outside of the U.S.A to one U.S.A national parent and one alien parent are not necessary Citizens of USA due to the legal undertones which include the payment of tax to the USA. They are regarded as Non-Citizen Nationals. So for obvious technical reasons and for the avoidance of ambiguity, most Countries including Ghana opted for the term Citizenship in their Constitutions and Laws instead of the term Nationality.

It is normally said that the nationality or origin of a person once acquired cannot be changed or taken back, while the citizenship of a person can be changed or taken back. Hence a citizen of the United Kingdom (same as a British citizen) may have a nationality of USA or Hong Kong or England (English) or Scotland (Scottish) or Wale (Welsh) or Ireland (Irish) or Ghana, Canada, Australia, Saudi Arabia, Nigeria, South Africa etc.

Hence, one may ask what is ‘’Citizenship". Citizenship is defined internally within each country to mean a status that (supposedly) allows the person full political rights in the country. That is to say Citizenship means that you have full political and social rights with Responsibilities and Privileges to participate in the affairs of a Nation. This means the right to vote, the right to work, and the right to live in the country.

Citizenship is legally acquired after fulfilling the eligibilities of becoming a citizen of any country, hence Citizenship is a legal or juristic concept, approved by a government of a country when certain legal requirements are met including the swearing of an oath of allegiance to the Country. So, Citizenship is given to one by legal means by a Government as a political status. When a person becomes a citizen of the state, he or she must pay taxes to the State at least Head tax or ‘Lampo’ as was or is in Ghana, has the right to vote, work, reside and take an active part in the country. Citizenship may be obtained by Birth, Heritance, Marriage and Naturalization.

Citizenship by descent is normally expected to be automatic and not dependent on any action being taken by the person. Example people born in American Samoa are automatically USA nationals at birth, but (unless they have a USA citizen parent) are not USA citizens at birth. So they are termed as Non-Citizen USA Nationals, they are allowed to hold USA passports, and can live and work in the US without restriction, but they cannot vote. Also in some Latin American countries, for example Mexico, nationality (Nacionalidad) is acquired at birth, but citizenship (Ciudadanía) is limited to those who have turned 18 or 21 years. So children under 18 years are non-citizen nationals of the country (Mexico). It should also be noted there are 6 classes of British nationals. In addition to British citizen, including British Overseas Territories citizen, British Overseas citizen, British subject, British National (Overseas), and British protected persons. They all hold British passports but have different rights; some of them do not have right of abode in the UK.

Hence, liberally speaking, every person is a citizen of the country where he/she is born, but you can become a citizen of some other country or countries by applying for it or them and upon meeting some criteria including the default rule of habitual residence beyond five years, approval may be granted. Hence Citizenship, is a legal term we acquire as a result of legal procedures. Nationality is acquired by birth of origin/heritance and Citizenship is acquired by law. Nationality is an ethnic or racial concept. On the other hand, citizenship is a legal or juristic concept. A person's nationality remains the same throughout his lifetime as it is inherited. However, a citizenship can be changed. As stated, all British Nationals including British National Overseas (BNO) are qualified to be issued with UK passports. But only British citizens have the automatic right to live and work in the UK.

A child born in the United States of America, he or she is automatically granted citizenship by virtue of his valid birth Certificate because the 14th amendment of the Constitution of USA ratified on 09 July 1868 stipulates that ‘All persons born or naturalized in the USA and subject to the jurisdiction thereof, are citizens of the USA and of the State of USA wherein they reside in USA (federate State). But Section 349 of the USA Immigration and Nationality Act specifies several conditions under which a USA citizenship may be lost. These include serving as an Officer in a foreign country’s military service, or serving in the armed forces of a country which is engaged in hostilities against the USA, working for a foreign government (in policy making political office) without permission or without paying tax from your income earned to the USA.

So, in the Constitution of the USA, Nationality refers to the status of a person as belonging to a State (Country) , whereas citizenship connotes Responsibilities and Privileges like the payment taxes etc to USA, service in the Military and the holding of a bundle of civic rights, generally including the right to live and work in USA / wherever you will be, hence the USA Constitution is very silent on dual citizenship due to the obvious reasons that once you undertake your Responsibilities including payment of tax to USA you are a Citizen.

Once again, the difference between Nationality and Citizenship is further explained by the complex situation in USA, that state that all USA Citizens are USA Nationals, but not all USA Nationals (persons born in USA and people of USA descent) are considered to be USA citizens because the relevant laws in USA are in consonance with the notion that a National is a person owing permanent allegiance to a Country but a Citizen is who obeys the laws of USA or is under the jurisdiction of the Constitution/laws of the USA , pays tax to the USA and ready to serve in the Military of the USA.

So as stated, America has non-citizen USA Nationals and they are under some of the laws of USA and their other countries. But, if you are a citizen of both the U.S.A and a country with mandatory military service, you can lose your U.SA. Citizenship under certain circumstances, such as if you serve as an officer in a foreign military that is engaged in a war against the U.S.A. Also in the USA, depending on your career path, dual citizenship can be a disadvantage, especially, if you are seeking a position with the U.S government or your job requires access to information that is considered classified by the U.S. government, having dual citizenship may bar you from gaining the security clearance you need for this type of employment due to the use of subtle or delay tactics with long or complex bureaucratic or administrative process (obstacles or problems) instead of legal means due to the Supreme Court of USA rulings in favour of some Dual Citizenships holders.

Mr President, it’s important to note that not all USA nationals are permitted to vote in a United States election or hold offices especially as the President of USA, such persons are termed Non-citizen Nationals by America Law. Non-citizen nationals of USA are entitled to U.S. passports, and when traveling internationally they enjoy the same rights and privileges as U.S. citizens. They may also enter the states of the USA, live and work there without any visa or applying for any immigration status.

Mr President, by Administrative procedures and not by legal means, British citizens who are Nationals from Nigeria, Ghana, Hong Kong cannot or may not occupy certain Offices like the Prime Minster etc though they may be Members of the British Parliament. But Nationals of Canada, USA, England (English) Scotland (Scottish), Wale (Welsh) Ireland (Irish) and Australia can easily occupy certain Offices like the Prime Minister in UK etc and with the exception of USA vice versa. One may be right to say that, this may be an issue of allegiance or loyalty based on racial concept or Birthright.

Although the America was discovered by Christopher Columbus, an Italian explorer, the USA and the UK are rather bound together by history, because it was a colony of Great Britain before the USA declaration of Independence in 1776. So they share common language, and kinship ties including English Americans, Scottish Americans, Welsh Americans, Cornish Americans Irish Americans, and American Britons etc.

The champion of the noxious bill and his cohorts should do proper research to understand issues of the relationship between Great Britain and USA and stop the cacophony on Hon Boris Johnson, a National of USA, born in New York becoming Prime Minister of UK to support their clamour for the Citizenship Amendment Bill as championed by Hon Kennedy Nyarko Osei the MP for Akim Oda. UK also shared heritage with Australia, hence one should not be surprised that Lady Julia Gillard from UK became the 27th Prime Minister of Australia, UK also shared a heritage with Canada etc and lastly, UK also shared a heritage with South Africa.

Mr President the noise being made by the sponsors of this noxious bill is based on the financial contributions by Ghanaians in the Diaspora. They need to be strongly educated by you that the Sovereignty of Ghana is not for sale or negotiable. They must learn that Countries like India, Israel etc which introduced and exploited and are still exploiting and enjoying huge benefits of their Diaspora Bond and other Foreign Direct Investment or revenue from Nationals living outside. But India and Israel do not joke with the issue of Allegiance, patriotism or Sovereignty of their States or their Constitutions and laws, so there is no way India or Israel will allow persons with dual citizenship to even be local Assembly or Council members and as such dual citizenship holders including Israel or India cannot or will or shall not be member of Parliament of Israel or dia. They may only do so after renunciation of their Dual or Foreign Citizenships. The Diaspora Bond is not a tax but an investment for them (likely route for money laundering). So the current law or Constitutional provision must be held In situ or amended as recommended herein.

It should be made known to them that, the economy of North Korea which has been on UN sanctions for a very long time is buoyant or resilient because of the returns and investments from North Koreans living outside that Country but the President of North Korea for the sake of Allegiance, will not sell the sovereignty of North Korea by allowing Dual Citizenship holders of that Country to occupy some key appointments include President, Member of Parliament, the CDS, Service Commanders same as stipulated in the Constitution of Ghana.

Mr President, issues of espionage or selling of security intelligence or a powerful Nation like USA using her strength to get her Citizens with Dual Citizenship to cooperate with them cannot be over emphasized. Also a Citizen with Dual Citizenship, always has a plan B (Contingency Plan) in his brief case or armpit. That is if the kitchen is too hot say the conditions are not good enough (say a political conflict or a natural disaster or an economic debacle) in Ghana or country of residence, the person may bolt or run away to the second Country or the Second Country like USA may evacuate him or her and other Citizens of USA like what is happening in Afghanistan. Also as an eye opener, where is Hon Dr Paa Kwesi Ndoum, Mr Adjumanwura (Hmmm, he is cooling in the USA).

Mr President, as the Commander-in-Chief of the Armed Forces of Ghana (Military and the other Armed State Units including the Ghana Police, Immigration) and who has sworn to uphold, preserve, protect and defend the Constitution or the Sovereignty of Ghana, so, Sir, open your eyes oh! So you do not succumb to this unacceptable act of Parliament, Hence, do not give assent or sign the Dual Citizenship Amendment Bill 2021 into a very bad law.

So Mr President, I say again, please open your eyes, Sir. Sir with your good work, do not destroy your good legacies as a show boy of Ghana (determination, boldness or audacity, competency or professionalism etc). So please, Sir do not sell the Sovereignty of Ghana by accepting the noxious bill. These affected persons have the wrong notion that the 1992 Constitution was drafted by only the veranda boys and girls, Traders from Kejetia and Makola, hence their failure to appreciate the political history of Ghana and compare the current Constitution with previous Constitutions of Ghana namely 1957, 1969, 1979 Constitutions, the UNIGOV of the late General Acheampong and the report of the Committee of experts and that of other countries including USA, Nigeria etc. Yes, some provisions in the Constitution including the matters on Dual Citizenship need to be fined tuned but as stated below.

Mr President, the law must be allowed to stay fined tuned but as stated below since no one can serve two masters and be equally faithful to them at the same time. A woman cannot be a faithful wife to two men in Ghana otherwise she is practicing prostitution, a sellout of her God given assets. Hence Dual Citizenship holders cannot be faithful to two Countries at the same time.

Mr President, the wiser thing, the Parliament of Ghana should do is to come out with a law to permit one to maintain his dual citizenship during the process of election and only denounce it immediately he is elected with proof of it before he or She swears his or her allegiance to Ghana or before his appointment for the affected offices.

Mr President, some of our Members of Parliament and their cohorts must be educated on the spirit (intention) behind the provisions of Article 71 of the Constitution of Ghana, on the emoluments of Office Holders of High Offices, as the Presidents, MPs and others as envisaged by the proponents of the 1992 Constitution especially the 258 member committee of experts which submitted proposals which members of the Consultative Assembly which was Presided by one of my great Chief, the Late Adiali Ayagitam the First, then Chiana Pio (one of my godfathers in the Chiana/Paga Constituency, of blessed memory), which collected and collated the views of critical thinking Ghanaians on the contents of daft of the 1992 Constitution which was approved or authenticated by 93 % the people of Ghana in April 1992

Article 71 of the Constitution of Ghana was and is to attract qualified Ghanaians both within and outside Ghana including Dual Citizenship holders with an attractive packages as enjoyed by CEOs or Managers of Banks, CEO of COCOBOD, Professors especially Vice Chancellors of Universities etc or the persons of Academia within or outside Ghana to compete for the office of President, Members of Parliament, Speaker of Parliament or be appointed as the Chief Justice, the Auditor General (this why Mr Domevelo accepted this Office from his previous job), and others as in Article 71 (1) and (2).

This was as result of among others, the condition of services of Vice Chancellors of Universities, some CEOs and lesson learnt from the late General Kutu Acheampong when he had to use a good package to pouch or attract Dr Robert Gardiner (one time Executive Secretary of the Economic Commission of Africa) from the Economic Commission of Africa in Addis Ababa. He did so, among others by granting him the honorary rank of Colonel in the Army, so that he can support the late Colonel Roger Felli, then NLC’s Commissioner for Finance as his economic adviser, so that Colonel Gardner was made to enjoy almost the same emoluments as a Colonel with the NLC.

Mr President, we are in a country with short memories (with apology to Ex-President Mahama) the issue of the two Guantanamo Bay Detainees of Yemen decent, who are now Citizens of Ghana both by default rule of the long habitual residence/by application the 1951 UN Convention relating to the Status of Refugees and the 1954 Convention Relating to the Status of Stateless Persons, wherein members of the UN are required as far as possible to facilitate acquisition of citizenship by naturalization, hence they have so far acquired Citizenship by Naturalization granted by Ghana’s Parliament using Article 9 (Citizenship Laws by Parliament) of the 1992 Constitution (the associated risk of dilemma is stated below).

Mr President, your or our Vice President, His Excellency Vice President/Alhaji Dr Bawumia’s also made a disturbing concern or story that people including some of our leaders do not read or do not do critical analysis of issues (with an apology to him). Hence, no wonder huge judgment debts normally incurred by Ghana due to poor leadership, through failure to read and apply or to include the Termination or Exit Clause for an Agreement to guide parties to avoid judgment debts. His assertion was recently confirmed by the shocking or unbelievable statement from a VVIP, who has been MP twice, Vice President and occupied the highest office of President of Ghana before has now appreciated this situation, the very good arrangement in the Constitution.

Implying failure of some of our leaders to read Article 49 of the 1992 Constitution on Voting at Elections.

The provisions therein are very clear that Elections are only won at the Polling Stations so need for loyal literates as Reps of Candidates or Political Parties at the Polling Stations. The polling station is not a battle ground but a place for peaceful conduct of transparent election by voting, counting/summing of the results and endorsement of same by the Reps and finally submitting the details to the Constituency Office of the EC by the EC Rep and to party’ or candidate’s constituency office by the Rep. Therefore there should be no expectation that one can win an election at the Office of the EC, which is just a place for just receiving details from the various Constituencies and computing the final results for the declaration of the winner as President-Elect, hence Reps there need to relax and drink coffee/eat biscuits whilst waiting for the Results from the Regions. Also, the Supreme Court is not a place to win an election but only a place to get it to uphold the true reflection of what the voters spoke at the Polling Stations.

Mr President, I wish to end with a very thorny issue of immigration or interesting story as food for thought for you, your cabinet, the Hon Speaker, the Hon MPs and the general public. The two Guantanamo Bay Detainees of Yemen decent are now citizens of Ghana by law and by the default rule as stated above. They cannot be elected as the President of Ghana since they are not Citizens of Ghana by birth as Article 62(a) of the Constitution requires. But their Children born in Ghana to any married Ghanaian or Foreign woman registered as a Citizen of Ghana are automatically Ghanaians by Birth because he or she is born in the soil of Ghana (jus Soli or acquired birthright citizenship) at the date of his or her birth and either both or one of his parent or grandparent was or is a Ghanaian (Citizen of Ghana).

So, let say the mothers of their children are from Afghanistan or Yemen. So, Mr President, I rest my case by asking that the Hon MPs should critically exam the situation, when the mothers of the Children of the two Guantanamo Bay Detainees are Nationals of Afghanistan or Yemen, thus granting them the status of Dual Citizenship and imagine one of them winning an election to become the President of Ghana and if what some of the Parliamentarians are seeking goes through successfully to allow persons with Dual Citizenship to keep it whilst holding such high offices of policy making. Hence the issue must be critically examined for them to come out with the control measures to cure any associated risk.

Mr President Growing up in Ghana, kids who had dual homes were truant and ideologically bad; because when they commit a crime, they are able to run to the other house. So, Mr President to occupy a high office of policy making, you must declare your Allegiance to Ghana alone. Full Stop (Period).

Yours Citizen, Sir.

SIGNED

Major Mohammed Bogobiri (Rtd)

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