The Council of State has formally advised Parliament not to pass the Constitution of Ghana (Amendment) Bill, 2025 — the legislation that would allow dual citizens to hold senior public offices in Ghana.
Speaker of Parliament Alban Bagbin disclosed the Council’s advisory opinion during proceedings in the House on Tuesday, July 7, 2026. The bill, which seeks to remove restrictions currently barring dual citizens from positions such as Member of Parliament, Ambassador or High Commissioner, Chief of Defence Staff, Service Chiefs, Inspector-General of Police, and Secretary to the Cabinet, has been a subject of intense national debate.
This development matters because the Council of State’s advice — while not legally binding on Parliament — carries significant constitutional weight and could shape the bill’s fate in the coming weeks. For the Ghanaian diaspora, estimated to have remitted approximately US$7.8 billion last year, the outcome will determine whether they can one day serve in the highest offices of their homeland.
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What the Bill Would Do
The Constitution of Ghana (Amendment) Bill, 2025 — commonly referred to as the dual citizenship bill — seeks to amend Article 8(2) of the 1992 Constitution. Currently, that article restricts individuals who owe allegiance to another country from holding certain high-level public offices.
If passed, the bill would open the following positions to dual citizens:
- Member of Parliament
- Ambassador or High Commissioner
- Chief of Defence Staff
- Service Chiefs of the Ghana Armed Forces
- Inspector-General of Police
- Secretary to the Cabinet
- Director of the Immigration Service
The bill was introduced in Parliament in February 2026 and referred to the Constitutional and Legal Affairs Committee by First Deputy Speaker Bernard Ahiafor for detailed scrutiny. It is a private member’s bill, originally sponsored by Kennedy Osei Nyarko (MP for Akim Swedru) during the Eighth Parliament, and has since gained cross-party co-sponsors including Kwame Agbodza, Armah Kofi Buah, and Davis A. Opoku.
The Council of State’s Advice
Speaker Bagbin told Parliament that he referred the bill to the Council of State on March 30, 2026, in accordance with Article 291(2) of the 1992 Constitution, which requires the Council to provide advice on proposed constitutional amendment bills before Parliament proceeds with their consideration.
The Council completed its review and recommended that Parliament should not proceed with the bill.
Bagbin noted that this marks a significant departure from the Council’s earlier position. During the Eighth Parliament, the same bill received the Council of State’s endorsement — but it lapsed before it could be passed.
“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 means it differs from the earlier advice of the Council of State during the Eighth Parliament, which had given Parliament the go-ahead to process and pass the Bill.” — Speaker Alban Bagbin
Despite the Council’s recommendation, Bagbin stressed that its opinion is not binding on Parliament.
“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.” — Speaker Alban Bagbin
Why the Council Advised Against
The Council of State has not publicly detailed the full reasoning behind its advisory opinion. However, the bill’s opponents have historically raised several concerns that likely informed the Council’s position:
National Security and Divided Loyalties
Critics argue that holders of sensitive public offices — particularly the Chief of Defence Staff, Service Chiefs, and Inspector-General of Police — should owe allegiance solely to Ghana. The concern is that dual citizens could face irreconcilable conflicts of interest during international disputes or security crises.
Constitutional Integrity
Some legal scholars have questioned whether Parliament can amend the citizenship-based qualification provisions of the Constitution through the ordinary amendment process, or whether a referendum is required. The 2024 Supreme Court ruling in Francis Osei-Bonsu v. Attorney General declared that portions of the Citizenship Act restricting eligibility for certain public offices were unconstitutional, highlighting ongoing legal questions around this issue.
Sovereignty Concerns
As one policy analysis put it: “When a leader holds dual citizenship, they possess a sovereign insurance policy”. Opponents maintain that the duty of every citizen under Article 41(f) of the Constitution includes a commitment to the sovereignty of Ghana that is incompatible with dual allegiance.
Alfred Thompson, a political commentator, recently argued that Ghana’s development does not depend on allowing dual citizens to occupy constitutionally restricted public offices.
President Mahama’s Position
President John Dramani Mahama has publicly thrown his weight behind the reforms. Speaking at a Diaspora Town Hall Meeting in London on May 31, 2026, Mahama said:
“We currently have legislation before Parliament to review the 1992 Constitution to allow Ghanaians in the diaspora who hold other passports or dual passports to be able to participate in our politics at parliamentary and ministerial level.”
Mahama described the Ghanaian diaspora as the country’s “virtual region” — or “17th region” — pointing to remittances of approximately US$7.8 billion last year as evidence of the diaspora’s growing contribution to the national economy.
He also disclosed that he privately refers to the proposed reforms as the “Gyakye Quayson law” — a reference to Assin North MP James Gyakye Quayson and his protracted legal battles over his citizenship status and parliamentary seat.
Quayson, who was at the London event, encouraged members of the diaspora to embrace the government’s vision: “I was like one of you not too long ago. Let’s take this business of calling the diaspora the 17th region very seriously”.
What Happens Next
The bill now faces several possible paths forward:
1. Parliamentary Consideration Continues
Because the Council of State’s advice is not binding, Parliament can still choose to pass the bill. Speaker Bagbin has referred the advisory opinion, together with his personal opinion, to the Committee on Constitutional and Legal Affairs for consideration and report to the House.
Bagbin is of the view that there are some amendments that Parliament “is clothed with the powers” to undertake. This suggests he believes Parliament has the constitutional authority to proceed with at least some version of the reforms.
2. The Bill is Amended
Parliament could modify the bill to address the Council’s concerns — for example, by narrowing the list of offices that would be opened to dual citizens, or by adding stronger vetting requirements under the Security and Intelligence Agencies Act, 2020 (Act 1030).
3. The Bill is Defeated
Given the Council’s opposition, some MPs may be reluctant to support the bill. The proposal has generated intense public and political debate since its introduction.
4. A Referendum is Required
If the constitutional amendment touches on “entrenched provisions” of the 1992 Constitution, a national referendum may be required. This would significantly raise the bar for passage.
What Readers Should Watch
The bill’s progression will be a key test of the current Parliament’s appetite for constitutional reform and its stance on engaging the diaspora in national governance. The Committee on Constitutional and Legal Affairs is expected to report back to the House in the coming weeks, and the Business Committee will announce the specific date for the second reading and debate.
For Ghanaians in the diaspora — particularly those who have maintained strong ties to Ghana while building careers abroad — this bill represents a potential turning point in the nation’s relationship with its global citizens.
If you need personalized legal assistance regarding dual citizenship, citizenship applications, or constitutional matters, consider speaking with a qualified Ghanaian lawyer. Use the form below to get started:
Sources
- 3News: “Council of State advises Parliament against passing dual citizenship amendment Bill” (July 8, 2026)
- Citi Newsroom: “Council of State advises Parliament against passage of dual citizenship bill” (July 7, 2026)
- The Herald Ghana: “Council Of State against sensitive public offices for dual citizens” (July 8, 2026)
- GhanaWeb: “Council of State advises Parliament against passage of Dual Citizenship Bill” (July 7, 2026)
- Ghana MPS: “Bill to Allow Dual Citizens to Hold Office Resurfaces in Parliament” (February 10, 2026)
- GhanaWeb: “Mahama demands constitutional amendment for dual citizen lawmakers” (June 1, 2026)
- GBC Ghana Online: “Ghana moves to open key public offices to dual citizens in historic constitutional review” (2026)
