GHANA GOVERNMENT DIRECTIVE ON DUAL NATIONALITY AND APPLICATION FOR DUAL CITIZENSHIP CARDS AND CERTIFICATES

Sep 1- 2021

The attention of the Government of Ghana has been drawn to complaints by some Ghanaians abroad on the implementation of the supreme court’s decision in the case of Asare v Attorney General (2012) ISCGLR, on the rights of dual nationals.

2. This message seeks to clarify the position of the law.

3. Per the ruling of the Supreme Court, Ghanaians who are eligible for dual citizenship under the provisions of the citizenship Act 2002 (ACT 591) are no longer mandatorily required to apply for dual citizenship certificate or card.

4. As the court held per Justice Date-Bah (JSC) at page 535 of the above Ghana la reports;

“To the extent that the administrative requirement referred to above is mandatory and conditions the exercise of the rights of dual citizens on it, I would regard it as unconstitutional.  If the card is intended to be optional and to ease the exercise by dual nationals of their rights, then it would be constitutional.  In other words, dual nationals are citizens by operation of the Constitution and do not need any mandatory documents before exercising their rights of citizenship, in the same way, as sole citizens do not need any mandatory documents before exercising their rights as citizens.  However, if the State wishes to assist dual nationals in the enjoyment of their rights by providing them with evidence of their dual nationality, this would be permissible”.

5. From the foregoing, contrary to the misconceptions of some of our compatriots with dual nationality status, our republic imposes no fetter or conditions on the exercise of dual nationals’ rights as citizens, except for appointment to some public offices of Ghana as specified in the law.

6. That said, those in need of Ghanaian dual citizenship cards and certificates and applying for same may do so on their own volition and for their own benefit.

7. Furthermore, per the directive of the Ghana immigration service, when travelling to Ghana, dual national could have their Ghanaian passport, for entry and exit purposes and also their foreign passport only as proof of their admissibility into the other country when existing Ghana. Hence, these travellers are to provide both passports at the immigration check points upon arrival in and departure from Ghana.

8. However, in cases of countries such as the Federal Republic of Germany, Austria, and The Netherlands, etc., where citizenship laws do not subscribe to dual nationality, in favour of citizenship of those countries would have to bear their own responsibility of travelling to Ghana, which includes the acquisition of a valid visa.

9. Dual National who elects to travel to Ghana with a Foreign Passport other than a Ghanaian passport or dual nationality card would automatically require an entry visa in view of the election to travel with a foreign passport only.

EMBASSY OF GHANA

THE HAGUE

August 2021