Council of State has advised against passage of dual citizenship Bill — Speaker tells Parliament

The Council of State has advised Parliament not to pass the Constitution of the Republic of Ghana (Amendment) Bill, 2025, which seeks to remove constitutional restrictions that bar dual citizens from occupying certain public offices.

The Speaker of Parliament, Alban Bagbin, announced the Council’s position during parliamentary proceedings after receiving its advisory opinion on the proposed legislation.

The bill, commonly referred to as the dual citizenship bill, was initially introduced during the Eighth Parliament. Although it received the backing of the Council of State at the time, Parliament was dissolved before it could complete consideration of the legislation, requiring its reintroduction in the current Parliament.

Addressing the House on Tuesday, July 7, Mr Bagbin explained that the bill was referred to the Council of State on March 30, 2026, in accordance with Article 291(2) of the 1992 Constitution for its advice before further parliamentary consideration.

He said the Council had completed its review and recommended that Parliament should not proceed with the proposed amendment.

“I received the advisory opinion of the Council of State on the Constitution of the Republic of Ghana (Amendment) Bill, 2025. The Bill seeks to amend provisions of the Constitution relating to citizenship-based qualifications for public office. The Council has duly rendered its advice and, in doing so, has advised against the passage of the Bill by Parliament,” the Speaker told Members of Parliament.

Mr Bagbin recalled that following the bill’s first reading, he referred it to the Council of State as required by the Constitution before Parliament could continue its legislative process.

He noted that the Council’s current position represents a significant shift from its stance during the Eighth Parliament, when it endorsed the proposed constitutional amendment.

“I have received the advisory opinion on the Bill from the Council of State, and I told you this Council advised against the passage of the Bill, which meant that it differed from the earlier advice of the Council of State of the Eighth Parliament, which had given Parliament the go-ahead to process and pass the Bill,” he said.

Despite the Council’s recommendation, the Speaker emphasised that its advisory opinion is not binding on Parliament and does not prevent lawmakers from making their own legislative decision.

“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 stated.

Under Article 291(2) of the 1992 Constitution, the Council of State is mandated to provide advice on proposed constitutional amendment bills before Parliament proceeds with their consideration.