It was a cardinal sin because it provided that a Ghanaian forfeits his citizenship if, on the attaining the age of 21, he acquires or retains the citizenship of a country other than Ghana.
Because of article 8(1), it takes some rare illogical analysis or ignorance of the constitutional history to reason that article 94(2)(a) applies to a Ghana who is a citizen of another country.
Article 94(2)(a) has absolutely nothing to do with dual citizens for the simple, obvious, glaring, and inescapable reason that dual citizenship was outlawed by Article 8(1).
I know this is Ghana but we are not there yet where we will write a law that says “even though dual citizenship is not allowed, a person is not qualified to be an MP if he is a dual citizen.”
It took only 4 years for the people to atone for the cardinal sin by enacting Act 527 in 1996.
When you google and read article 8(1), it says “a citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.”
Don’t be lured into thinking it has always been so. You are reading an amended article. You are reading the effect of Act 527, procured by lobbying, hard work, and thoughtful deliberation and consideration by the 2nd Parliament.
And because you are reading an amended article, do not be lured into thinking that article 94(2)(a), which predates the amended article 8(1), was just laying in waiting to disqualify dual citizens whenever it was allowed.
A Ghanaian can owe allegiance to a country other than Ghana even if the person is not a citizen of another country.
Article 94(2)(a) was specifically directed at such persons, not dual citizens. Article 94(2)(a) disqualified such mono-Ghana because their foreign allegiance was of such a character that it was deemed inimical or prejudicial to the interests of Ghana.
The greatest threat to the Constitution is its misinterpretation and misapplication. Nothing has been so poorly and opportunistically misapplied as article 94(2)(a) to disqualify dual citizens from parliament, the executive, the constitutional commissions and even holding executive positions in the political parties.
I wish the Constitution a sound interpretation and application on its adoption anniversary.
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