Council of State advises Parliament against passage of dual citizenship bill

The Council of State has advised Parliament against passing the Constitution of the Republic of Ghana (Amendment) Bill, 2025, which seeks to remove constitutional restrictions preventing dual citizens from occupying certain public offices.

Speaker of Parliament Alban Bagbin disclosed the Council’s position during proceedings in the House after receiving its 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.

Addressing Members of Parliament on Tuesday, July 7, Mr Bagbin said the bill had been referred to the Council of State on March 30, 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 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 marks a departure from its earlier position during the Eighth Parliament, when it 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 meant that it differed from the earlier advice of the Council of State of 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.