The Council of State has recommended that Parliament refrain from approving the Constitution of the Republic of Ghana (Amendment) Bill, 2025, which seeks to eliminate constitutional barriers preventing dual citizens from holding certain public offices.
Speaker of Parliament Alban Bagbin revealed the Council’s stance during a session in the House after obtaining its opinion on the bill.
This proposed legislation, commonly referred to as the dual citizenship bill, was initially presented during the Eighth Parliament. Although it had received the Council of State’s support at that time, it was not addressed before the dissolution of Parliament, necessitating its reintroduction in the current legislative session.
While addressing Members of Parliament on Tuesday, July 7, Mr. Bagbin stated that the bill was submitted to the Council of State on March 30, 2026, in accordance with Article 291(2) of the 1992 Constitution for their consideration and advice.
He further mentioned that the Council had finalized its review and recommended that Parliament should not advance with the bill.
“I have received the advisory opinion from the Council of State regarding the Constitution of the Republic of Ghana Amendment Bill 2025. This Bill aims to modify constitutional provisions concerning citizenship-based qualifications for public office. The Council has provided its advice and has recommended against the passage of the Bill by Parliament,” Mr. Bagbin articulated.
The Speaker clarified that following the bill’s initial reading, he referred it to the Council of State as mandated by the Constitution before Parliament could proceed with its deliberation.
He pointed out that the Council’s recent advice represents a shift from its previous position during the Eighth Parliament, when it had endorsed the proposed amendment.
“I have obtained the advisory opinion regarding the Bill from the Council of State, and I previously informed you that this Council recommended against the Bill’s passage. This stands in contrast to the earlier guidance provided by the Council of State during the Eighth Parliament, which had authorized Parliament to proceed with the processing and approval of the Bill,” he stated.
Despite the Council’s recommendation, Mr. Bagbin emphasized that its opinion does not impose any binding obligation on Parliament.
“Although the Council of State’s advice does not dictate the legislative decisions of Parliament, it serves as a significant constitutional input into the deliberative process envisioned by the Constitution’s framers,” he conveyed to the House.
According to Article 291(2) of the Constitution, the Council of State is mandated to offer advice on proposed constitutional amendment bills prior to Parliament’s consideration of them.
