Birth certificates are not acquired like how we buy 'Waakye', don’t downplay it — Edudzi Tamakloe

Lawyer Edudzi Tamakloe has opined on the vital role birth certificates play in confirming the citizenship of a person in Ghana.

Mr Tamakloe has cautioned against downplaying the value of the birth certificate.

During a discussion on the subject of birth certificates being proof of Ghanaian citizenship on TV3’s 'New Day' morning show, Tamakloe asserted that birth certificates hold "substantial evidentiary weight."

He said, “...if you are asking me that I should prove my citizenship and I bring a birth certificate that was issued somewhere in the 1980s, somewhere in Nkwanta, you can see that this is my birth certificate when I show it to you.”

He cited the fact that birth certificates are issued by government after being satisfied of all requirements, emphasizing that they are not casually acquired like purchasing "Waakye," a popular Ghanaian dish.

“Even the most painful part of this whole conversation is who issues the birth cert? The birth cert is not issued by someone seated somewhere in a corner. It’s a document issued by the executive arm of the government. It is not something we can acquire like we buy Waakye. It is coming from state agencies,” Mr Tamakloe expressed.

He pointed out that even in certain legal cases, courts have recognized the validity of a mere baptismal certificate as sufficient proof of one's citizenship.

“In fact, in some of the cases, the courts have even said that even a mere baptismal certificate will be enough, how much more a birth certificate,” he said.

Drawing attention to the verification process for obtaining a passport, Tamakloe highlighted the inherent significance of a birth certificate.

He points out that when applying for a passport in Ghana, there is a mandatory verification stage where the birth certificate serves as a crucial requirement. Without a valid birth certificate, he noted that individuals are unable to proceed with obtaining a passport, suggesting the fundamental role it plays in establishing one's identity.

“Interestingly enough, before you get a passport in this country, there is a portion we call ‘verification.’ When you get to the verification point without the birth cert, they won’t give you the passport. So how do we downplay a document so essential like the birth cert?” he quizzes.

This conversation comes after the Chief Justice nominee, Justice Gertrude Torkornoo said a birth certificate does not prove one’s citizenship while answering questions from members of the Appointments Committee on Friday, May 26, 2023.

Justice Torkornoo insisted that the document is just the beginning of the process of determining one’s nationality.

According to her, it is one’s lineage that determines the citizenship or otherwise of a person.

“Citizenship is a matter of law, nationality is a matter of law. In certain jurisdictions, being born in that place makes you a citizen of that country, [but] in our country, being born in Ghana doesn’t make you a citizen of Ghana,” she said.

She added, “It is your relationship with your mother, it is your mother’s identity, your father’s identity, it is your lineage that determines your citizenship. So that form [birth certificate] is just an international requirement, we must know where everyone is born. But beyond that, your nationality is derived from that form, the evidence on that form.”