Help me ensure compliance of the ruling on Dual Citizenship by the Supreme Court of Ghana

The Issue

Hello Ghanaian Diaspora, 

Have you or someone you know been told to attain dual citizenship card as a travel document next to your foreign passport or that it is criminal offence to enter Ghana with your Ghana passport and to exit with a foreign passport when you disclose your dual citizenship status to immigration offices on departure at exit point on request or by your embassies? 

Please help me by signing this petition and support me to gather the necessary evidence and signatory needed to ensure that going forward the ruling by the Supreme Court of Ghana in May 2012 on Dual Citizenship is implemented fully and there are enforcements plans in place if institutions fails to comply with this ruling. 

Background of this petition

About 8 years ago on 22 May 2012 the Supreme Court of Ghana, the highest court in Ghana ruled that Ghanaians eligible for Dual Citizenship under the provisions of the Citizenship Act 2002 (Act 591) are no longer required to apply for Dual Citizenship and be issued Dual Citizenship Certificate Card and this became a precedent on Dual Citizenship.

To  this effect, the immigration office posted in 2012 on their facebook page wall that dual citizenship application is no longer required (https://www.facebook.com/181471761907914/posts/ghana-dual-nationality-travelling-application-refundson-22-may-2012-the-supreme-/394095527312202/ .

Yet below are the following evidence that shows Dual Citizens rights ruled in Asare Vrs Attorney General (J1 / 6 / 2011) [2012] GHASC 31 (22 May 2012) is not being honoured. 

  1. Currently Ghana Consulate New York website shows the following "It is an offence for a holder of dual citizenship to use two passports interchangeably. You should use only one passport. (British or Ghanaian) when travelling. When using the British passport you need not procure a Ghana visa. Present your passport along with the dual citizenship ID card to the Immigration Officer at port of entry (source: https://www.ghanaconsulatenewyork.org/dualcitizenship.aspx
  2. Currently UK site gov.uk states the following: "Dual nationality Ghana recognises dual nationality. To avoid visa fees, Ghanaian-British nationals should register with the Interior Ministry in Ghana and get a Dual Nationality card. Production of this card at point of entry into Ghana will indicate that a visa is not required" ( source: https://www.gov.uk/foreign-travel-advice/ghana/entry-requirements
  3. Ghana high commission UK website states: "The Citizenship Act (Act 591 of 2000) provides, among others, that, "A citizen of Ghana who acquires the citizenship of another country in addition to his Ghanaian citizenship shall notify in writing the acquisition of the additional citizenship to the Minister in such form and in such manner as may be prescribed". Nevertheless, I was told by one of the workers on the phone in 2018, to go to Ghana to do my dual citizenship application and it takes 6 months before an application can be approved. https://www.ghanahighcommissionuk.com/dualcitizenship.aspx
  4. The Ghana embassy Holland, agrees with the ruling of Asare Vrs Attorney General (J1 / 6 / 2011) [2012] GHASC 31 (22 May 2012) but they advised me to do a visa or the dual citizenship for a peace of mind. 
  5. At the moment the ministry of interior website still shows how to apply for dual citizenship card and nothing is referred to to the ruling on 22 May 2012 by the Supreme Court of Justice the precedent on dual citizenship applications (https://www.mint.gov.gh/services/dual-nationalitycitizenship/ 
  6. On the Ghana Embassy Den Mark it is stated that "it is an offence for a dual citizenship holder to use the two passports interchangeably to deceive an Immigration Officer. Such offenders are liable to a summary conviction to a fine or a term of imprisonment not exceeding 1 year or both"(https://www.ghanaembassy.dk/consular-services-/dual-citizenship/ 
  7. Ghana mission Geneva states "It is an offence for a dual citizenship holder to use two passports interchangeably to deceive an Immigration Officer and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding one year or to both" (https://www.ghanamission.ch/dualcitizenship.aspx ).

Evidently, It looks like all the embassies I found online (the ones above and the ones not mentioned) are citing an article in citizenship Act 2001 (http://home.gis.gov.gh/wp-content/uploads/2020/04/LI-1690.pdf attached as an image to support this petition, rather than the precedent set by the supreme court of ghana.  

Personal Experiences

  1. In 2016, I was told by an immigration officer on departure at exit point when I disclosed my Dual Citizenship status on his request, that it is illegal to enter ghana with ghana passport and exit with with my other nationality, just like it is written on all Ghana consulate and embassy websites. Prior to 2016, I always had to find for my right at exit point ever since I acquired the Dual Citizenship Status. It is even so bad that every time I want to visit Ghana I get anxiety.  Travelling back home to Ghana has become a stressful event for me as I am not sure what the immigration officers are going to do again to me when I am at exit point. It is so bad that I even took a visa to travel to Ghana though I am a Ghanaian Citizen. And on advise of the Ghana Embassy I was considering getting dual citizen card for a mere peace of mind until I ve decided I need this change.  
  2. In 2018 Dual Citizens in Finland wrote anonymous letter to Modern Ghana to highlight the fact that they are being told to apply for dual citizenship card even though May 2012 ruling has nulled this fact (https://www.modernghana.com/news/875359/no-visa-for-dual-citizens.html
  3. In 2012 when the immigration office posted on their facebook page wall that dual citizenship application or certificate is no longer required (https://www.facebook.com/181471761907914/posts/ghana-dual-nationality-travelling-application-refundson-22-may-2012-the-supreme-/394095527312202/ many Ghanaian diaspora replied up to 3 years ago now, that they still face the unconstitutional treatment from their embassies and being totally confused as to what their rights are. 

In Conclusion

Ghanaian Dual Citizens are being denied of our constitutional rights established in Asare vs Attorney General case, because we are being asked to still register dual citizenship status and attain dual citizen card or visa for as travel documents although we are Ghanaians. On top of this entry and exit as Dual Citizen without Dual Citizen card is being made as a criminal offence punishable by fines and or imprisonment in contrary to the ruling in May 2012 (https://www.ghanaweb.com/GhanaHomePage/features/The-Supreme-Court-s-Pronouncements-on-Dual-Citizenship-in-Ghana-240873 and https://ghalii.org/gh/judgment/supreme-court/2012/31 ). 

All this has resulted that yearly Ghanaian Diaspora experience stress and discomfort when they try to exercise their rights to enter and exit Ghana as Dual Citizens.

I believe that if the court has declared that “A Declaration that the administrative requirement of the Republic of Ghana for a dual citizen to obtain dual citizenship card is discriminatory, unreasonable, burdensome, serves no legitimate constitutional purpose and thereby null, void and of no effect as it contravenes the letter and spirit of Article 17 of the 1992 Constitution”, then all Ghana Institutions needs to honour this case law and precedent, ensuring every institution follows this law fully.

We need to get the article that says its an offence for a dual citizenship holder to use the two passports interchangeably to deceive an Immigration Officer chargeable by fines and or imprisonment changes, as Ghanaian Dual Citizens are merely exercising their constitutional rights established in Asare vs Attorney General case law when they enter and exit Ghana. 

Proposition and next steps after your signature

With your signatures, I am aiming to ensure there is at least an A4 write up at the airports for all Immigration Officers and the Embassies, to ensure Ministry of Interior to publish the rightful information on dual citizenship on their websites and at the airports and ensuring the court ruling is implemented and enforced everywhere in Ghana.  

I need your help. Please sign this petition and also share your experience about this in the comments.

194

The Issue

Hello Ghanaian Diaspora, 

Have you or someone you know been told to attain dual citizenship card as a travel document next to your foreign passport or that it is criminal offence to enter Ghana with your Ghana passport and to exit with a foreign passport when you disclose your dual citizenship status to immigration offices on departure at exit point on request or by your embassies? 

Please help me by signing this petition and support me to gather the necessary evidence and signatory needed to ensure that going forward the ruling by the Supreme Court of Ghana in May 2012 on Dual Citizenship is implemented fully and there are enforcements plans in place if institutions fails to comply with this ruling. 

Background of this petition

About 8 years ago on 22 May 2012 the Supreme Court of Ghana, the highest court in Ghana ruled that Ghanaians eligible for Dual Citizenship under the provisions of the Citizenship Act 2002 (Act 591) are no longer required to apply for Dual Citizenship and be issued Dual Citizenship Certificate Card and this became a precedent on Dual Citizenship.

To  this effect, the immigration office posted in 2012 on their facebook page wall that dual citizenship application is no longer required (https://www.facebook.com/181471761907914/posts/ghana-dual-nationality-travelling-application-refundson-22-may-2012-the-supreme-/394095527312202/ .

Yet below are the following evidence that shows Dual Citizens rights ruled in Asare Vrs Attorney General (J1 / 6 / 2011) [2012] GHASC 31 (22 May 2012) is not being honoured. 

  1. Currently Ghana Consulate New York website shows the following "It is an offence for a holder of dual citizenship to use two passports interchangeably. You should use only one passport. (British or Ghanaian) when travelling. When using the British passport you need not procure a Ghana visa. Present your passport along with the dual citizenship ID card to the Immigration Officer at port of entry (source: https://www.ghanaconsulatenewyork.org/dualcitizenship.aspx
  2. Currently UK site gov.uk states the following: "Dual nationality Ghana recognises dual nationality. To avoid visa fees, Ghanaian-British nationals should register with the Interior Ministry in Ghana and get a Dual Nationality card. Production of this card at point of entry into Ghana will indicate that a visa is not required" ( source: https://www.gov.uk/foreign-travel-advice/ghana/entry-requirements
  3. Ghana high commission UK website states: "The Citizenship Act (Act 591 of 2000) provides, among others, that, "A citizen of Ghana who acquires the citizenship of another country in addition to his Ghanaian citizenship shall notify in writing the acquisition of the additional citizenship to the Minister in such form and in such manner as may be prescribed". Nevertheless, I was told by one of the workers on the phone in 2018, to go to Ghana to do my dual citizenship application and it takes 6 months before an application can be approved. https://www.ghanahighcommissionuk.com/dualcitizenship.aspx
  4. The Ghana embassy Holland, agrees with the ruling of Asare Vrs Attorney General (J1 / 6 / 2011) [2012] GHASC 31 (22 May 2012) but they advised me to do a visa or the dual citizenship for a peace of mind. 
  5. At the moment the ministry of interior website still shows how to apply for dual citizenship card and nothing is referred to to the ruling on 22 May 2012 by the Supreme Court of Justice the precedent on dual citizenship applications (https://www.mint.gov.gh/services/dual-nationalitycitizenship/ 
  6. On the Ghana Embassy Den Mark it is stated that "it is an offence for a dual citizenship holder to use the two passports interchangeably to deceive an Immigration Officer. Such offenders are liable to a summary conviction to a fine or a term of imprisonment not exceeding 1 year or both"(https://www.ghanaembassy.dk/consular-services-/dual-citizenship/ 
  7. Ghana mission Geneva states "It is an offence for a dual citizenship holder to use two passports interchangeably to deceive an Immigration Officer and is liable on summary conviction to a fine not exceeding 250 penalty units or a term of imprisonment not exceeding one year or to both" (https://www.ghanamission.ch/dualcitizenship.aspx ).

Evidently, It looks like all the embassies I found online (the ones above and the ones not mentioned) are citing an article in citizenship Act 2001 (http://home.gis.gov.gh/wp-content/uploads/2020/04/LI-1690.pdf attached as an image to support this petition, rather than the precedent set by the supreme court of ghana.  

Personal Experiences

  1. In 2016, I was told by an immigration officer on departure at exit point when I disclosed my Dual Citizenship status on his request, that it is illegal to enter ghana with ghana passport and exit with with my other nationality, just like it is written on all Ghana consulate and embassy websites. Prior to 2016, I always had to find for my right at exit point ever since I acquired the Dual Citizenship Status. It is even so bad that every time I want to visit Ghana I get anxiety.  Travelling back home to Ghana has become a stressful event for me as I am not sure what the immigration officers are going to do again to me when I am at exit point. It is so bad that I even took a visa to travel to Ghana though I am a Ghanaian Citizen. And on advise of the Ghana Embassy I was considering getting dual citizen card for a mere peace of mind until I ve decided I need this change.  
  2. In 2018 Dual Citizens in Finland wrote anonymous letter to Modern Ghana to highlight the fact that they are being told to apply for dual citizenship card even though May 2012 ruling has nulled this fact (https://www.modernghana.com/news/875359/no-visa-for-dual-citizens.html
  3. In 2012 when the immigration office posted on their facebook page wall that dual citizenship application or certificate is no longer required (https://www.facebook.com/181471761907914/posts/ghana-dual-nationality-travelling-application-refundson-22-may-2012-the-supreme-/394095527312202/ many Ghanaian diaspora replied up to 3 years ago now, that they still face the unconstitutional treatment from their embassies and being totally confused as to what their rights are. 

In Conclusion

Ghanaian Dual Citizens are being denied of our constitutional rights established in Asare vs Attorney General case, because we are being asked to still register dual citizenship status and attain dual citizen card or visa for as travel documents although we are Ghanaians. On top of this entry and exit as Dual Citizen without Dual Citizen card is being made as a criminal offence punishable by fines and or imprisonment in contrary to the ruling in May 2012 (https://www.ghanaweb.com/GhanaHomePage/features/The-Supreme-Court-s-Pronouncements-on-Dual-Citizenship-in-Ghana-240873 and https://ghalii.org/gh/judgment/supreme-court/2012/31 ). 

All this has resulted that yearly Ghanaian Diaspora experience stress and discomfort when they try to exercise their rights to enter and exit Ghana as Dual Citizens.

I believe that if the court has declared that “A Declaration that the administrative requirement of the Republic of Ghana for a dual citizen to obtain dual citizenship card is discriminatory, unreasonable, burdensome, serves no legitimate constitutional purpose and thereby null, void and of no effect as it contravenes the letter and spirit of Article 17 of the 1992 Constitution”, then all Ghana Institutions needs to honour this case law and precedent, ensuring every institution follows this law fully.

We need to get the article that says its an offence for a dual citizenship holder to use the two passports interchangeably to deceive an Immigration Officer chargeable by fines and or imprisonment changes, as Ghanaian Dual Citizens are merely exercising their constitutional rights established in Asare vs Attorney General case law when they enter and exit Ghana. 

Proposition and next steps after your signature

With your signatures, I am aiming to ensure there is at least an A4 write up at the airports for all Immigration Officers and the Embassies, to ensure Ministry of Interior to publish the rightful information on dual citizenship on their websites and at the airports and ensuring the court ruling is implemented and enforced everywhere in Ghana.  

I need your help. Please sign this petition and also share your experience about this in the comments.

Petition Updates