Bagbin refers constitutional amendment bill to committee following Council of State's advice
Speaker of Parliament Alban Kingsford Sumana Bagbin has referred the Constitution of the Republic of Ghana Bill, 2025, to Parliament's Committee on Constitutional and Legal Affairs for consideration and report after the Council of State advised against its passage.
The Private Member's Bill seeks to amend constitutional provisions relating to citizenship-based qualifications for holders of certain public offices.
Addressing the House last Tuesday, Mr Bagbin disclosed that the Council of State, in an advisory opinion submitted after the bill was referred to it on March 30, 2026, under Article 291(2) of the 1992 Constitution, recommended that Parliament should not proceed with the proposed amendment.
He noted that the latest opinion differs from the position taken by the Council of State during the Eighth Parliament, when it advised Parliament to continue with the constitutional amendment process.
The Speaker explained that although the Council of State's opinion is not binding on Parliament, it remains an important constitutional requirement that must be considered during the legislative process.
He stressed that it is not the responsibility of the Speaker to determine the merits of the bill or influence Parliament's decision, adding that the Committee on Constitutional and Legal Affairs would take the Council's advisory opinion into account in preparing its report for the House.
Providing the legislative history of the bill, Mr Bagbin said the proposal was first introduced during the Eighth Parliament by the Member of Parliament for Akim Swedru, Kennedy Osei Nyarko, as the Constitution of the Republic of Ghana (Amendment) Bill, 2021.
After satisfying the constitutional publication requirements, the bill was formally laid before Parliament on June 2, 2022, and referred to the Council of State, which, in a letter dated July 8, 2022, advised Parliament to proceed with the proposed amendments.
The legislation was subsequently examined by the then Committee on Constitutional, Legal and Parliamentary Affairs and successfully passed its second reading on July 30, 2024.
However, the bill lapsed following the dissolution of the Eighth Parliament on January 6, 2025, before it could complete the consideration stage.
Mr Bagbin further disclosed that at the start of the Ninth Parliament, he directed the Clerk of Parliament to submit the previous bill to the Attorney-General and Minister for Justice for legal review.
According to the Speaker, the Attorney-General responded on February 14, 2025, indicating that the contents of the bill were satisfactory and advising that it could be reintroduced through the appropriate parliamentary procedures.
He added that the government also expressed its willingness to sponsor the legislation as a government bill should the original sponsor decide not to proceed.
Mr Kennedy Osei Nyarko subsequently agreed to reintroduce the bill after it had been revised to address concerns raised during deliberations in the Eighth Parliament.
The bill is now jointly sponsored by the Member of Parliament for Akim Swedru, Kennedy Osei Nyarko, the Member for Adaklu, Kwame Governs Agbodza, the Member for Ellembelle, Emmanuel Armah-Kofi Buah, and the Member for Mpraeso, Davis Ansah-Opoku.
Mr Bagbin noted that the Committee on Private Members' Bills and Private Members' Motions had recommended that the bill be presented to Parliament for consideration.