The Council of State has advised Parliament against passing the Constitutional Amendment Bill, 2025, which seeks to remove constitutional restrictions that prevent dual citizens from holding certain sensitive public offices.
If passed, the Bill would allow dual citizens to hold positions including Member of Parliament, Ambassador or High Commissioner, Chief of Defence Staff or any military Service Chief, Inspector-General of Police, Secretary to the Cabinet, and Director of the Immigration Service. These roles are currently restricted under Article 8(2) of the 1992 Constitution to persons who owe allegiance to no other country.
Speaker of Parliament, Alban Bagbin, disclosed this yesterday, Tuesday, 7 July 2026, during proceedings in the House after receiving the Council’s opinion on the Bill.
The proposed legislation, widely known as the dual citizenship Bill, was first introduced during the Eighth Parliament. Although it received the Council of State’s endorsement at the time, it was not considered before Parliament was dissolved, necessitating its reintroduction in the current Parliament.
Mr Bagbin said the Bill had been referred to the Council of State on 30 March 2026, in accordance with Article 291(2) of the 1992 Constitution, for consideration and advice.
He added that the Council had completed its review and recommended that Parliament should not proceed with the Bill.
“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,” Mr Bagbin stated.
The Bill had its first reading in Parliament in February 2026 and was subsequently referred by First Deputy Speaker Bernard Ahiafor to the Constitutional and Legal Affairs Committee for detailed scrutiny.
Lead co-sponsor Davis Ansah Opoku, the New Patriotic Party (NPP) Member of Parliament for Mpraeso, defended the proposal, saying it was about recognising modern realities rather than questioning anyone’s loyalty.
The Speaker explained that after the Bill’s first reading, he referred it to the Council of State as required by the Constitution before Parliament could continue its consideration.
He noted that the Council’s latest advice marked a departure from its earlier position during the Eighth Parliament, when it had supported the proposed 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 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,” he said.
Despite the Council’s recommendation, Mr 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,” he told the House.
The Council of State is required under Article 291(2) of the Constitution to provide advice on proposed constitutional amendment Bills before Parliament proceeds with their consideration.
President John Dramani Mahama had publicly thrown his weight behind the reforms, telling a Diaspora Town Hall meeting in London on 31 May that government legislation before Parliament would allow Ghanaians in the diaspora who hold other passports to participate in politics at both parliamentary and ministerial levels.
He said he privately refers to the proposals 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.
Mr Mahama cited diaspora remittances of approximately US$7.8 billion in the previous year as evidence of the diaspora’s economic importance, describing overseas Ghanaians as the country’s “17th region”.
The Council of State’s advisory role means its position carries significant constitutional weight, given its mandate to advise the President on matters of national importance, including proposed constitutional amendments.
Its recommendation against the Bill represents a major setback for a reform effort that had received support from the Presidency and enjoyed cross-party sponsorship.
The proposal has divided opinion since its introduction.
The Supreme Court struck down a related legislative provision in May 2024 in a ruling that found parts of the Citizenship Act’s expanded list of restricted offices to be unconstitutional, underscoring how contested and legally sensitive this area of Ghana’s constitutional law has become.
