This advice addresses the legal issues arising from the facts concerning Sulley Ibn Algazi's intention to contest the Sunyani East Constituency Parliamentary elections in Ghana and Professor Adu Amankwa's challenge to his eligibility. The core issues are Sulley's citizenship status under Ghanaian law and, consequently, his qualification to be a Member of Parliament (MP).
Sulley Ibn Algazi's Citizenship Status
The central question is whether Sulley is a citizen of Ghana. Professor Amankwa argues that because Sulley was born in Burkina Faso and his father in Benin, he is an "alien". This view, however, overlooks the different ways in which Ghanaian citizenship can be acquired. The primary legal sources are the Constitution of the Republic of Ghana, 1992, and the Citizenship Act, 2000 (Act 591).
Citizenship can be acquired by birth, descent, or registration. Sulley was not born in Ghana, so he cannot claim citizenship by birth under Article 6(1) of the 1992 Constitution. The more relevant route for Sulley is citizenship by descent. According to Article 6(2) of the 1992 Constitution: > "… a person born on or after the sixth day of March, 1957 outside Ghana is a citizen of Ghana, if at the date of his birth either of his parents was a citizen of Ghana."
This provision is also reflected in Section 6 of the Citizenship Act, 2000. Sulley was born on 11th April 1958, which is after Ghana's independence on 6th March 1957. Therefore, he is a citizen of Ghana if either his mother or father was a Ghanaian citizen on the date of his birth.
The facts state that Sulley's mother was born in Suyani, Ghana in 1890. Her father (Sulley's maternal grandfather) was also born in Suyani in 1873. Under the applicable nationality laws preceding and upon Ghana's independence, a person born in the territory of Ghana before 6th March 1957, who had at least one parent or grandparent also born in Ghana, automatically became a citizen of Ghana on that date (Ghana Nationality and Citizenship Act, 1957). As Sulley's mother and her own father were born in Suyani, she would have become a citizen of Ghana on 6th March 1957.
Since Sulley's mother was a citizen of Ghana on 11th April 1958 when he was born, Sulley himself acquired Ghanaian citizenship by descent under Article 6(2) of the Constitution. Professor Amankwa's focus on Sulley's place of birth is therefore legally incorrect, as it ignores the principle of acquiring citizenship through parentage (jus sanguinis).
Eligibility to Contest Parliamentary Elections
Having established that Sulley is a citizen of Ghana, the next issue is whether he is qualified to stand for election as an MP. The qualifications are set out in Article 94 of the 1992 Constitution.
Article 94(1) provides that a person qualifies to be an MP if he: (a) is a citizen of Ghana; (b) has attained the age of twenty-one years; (c) is a registered voter; and (d) is resident in the constituency for which he stands as a candidate for election, or has resided there for a total period of not less than five years in the aggregate in the ten years immediately preceding the election for which he stands, or he hails from that constituency.
Based on the analysis above, Sulley meets the citizenship requirement (a). Having been born in 1958, he clearly meets the age requirement of 21 (b). The facts do not state if he is a registered voter, but this is a procedural step he must take to be eligible (c). Regarding residency (d), he has lived in Ghana since the age of eleven and his mother and grandfather were born in Sunyani. It is very likely he can establish that he "hails from the constituency," which satisfies this condition.
Additionally, Article 94(2) lists grounds for disqualification. One such ground is if a person owes allegiance to a country other than Ghana (Article 94(2)(a)). Sulley’s "soft spot for Burkinabe cultural values" is an emotional attachment and does not constitute a legal oath of allegiance to Burkina Faso. There is no evidence that he holds a Burkinabe passport or has otherwise formally declared allegiance to another state. Therefore, this provision is unlikely to disqualify him.
Advice to the Parties
To Sulley Ibn Algazi: You have a strong legal basis to claim Ghanaian citizenship by descent through your mother. Professor Amankwa’s challenge on this ground is unlikely to succeed. You appear to meet the primary constitutional requirements to contest the parliamentary election. You should, however, ensure that you are registered to vote in Ghana, as this is a mandatory pre-requisite for candidacy.
To Professor Adu Amankwa: Your belief that Sulley is not a citizen is based on a misunderstanding of Ghanaian law. Citizenship is not determined solely by a person’s place of birth. The Constitution allows for citizenship to be passed down from a Ghanaian parent, regardless of where the child is born. As Sulley’s mother was a citizen of Ghana at the time of his birth, Sulley is a citizen by descent. A legal challenge based on this argument would almost certainly fail.
References
Constitution of the Republic of Ghana, 1992.
Citizenship Act, 2000 (Act 591) (Ghana).
Ghana Nationality and Citizenship Act, 1957 (No. 1) (Ghana) (Repealed).
