... Legal battle looms
Ghanaians in the Diaspora have been jolted by the realities that hang around two laws passed in 2000 and in 2006; and are heading for the Supreme Court for a declaration. Sunday World snap investigations have revealed that a legal battle will rock Ghana's Supreme Court in a few weeks as the diasporans seek interpretations on aspects of the Dual Citizenship Act and ROPAA.
The two laws that have irked our brothers abound sisters in the diaspora are the Dual Citizenship Act of 2000 (Act 591) – a law that involves the right of Ghanaians in the Diaspora to simultaneously maintain their Ghanaian citizenship in addition to that of their host countries. The other law is the Representation of the People's Amendment Act of 2006 (ROPAA) that will enable them to vote in national elections.
Already, a legal team is being constituted to challenge the Attorney General on aspects of these two laws that conspire to refuse Ghanaians in the Diaspora the right to occupy certain selected positions in the country. The lawsuit, according to our sources, is being sponsored by a group led by Mr. Benjamin Afrifa of the Diasporan Vote Committee. The group will cite the case of Mr.Akwasi Agyemang Prempeh who, in June of 2006 was disqualified by a Parliamentary subcommittee after he was nominated by the President as Deputy Minister of the Ashanti Region. Mr Agyeman Prempeh was disqualified because he doubles as a Ghanaian and an American. They consider the action of parliament as discriminatory, selective and further constitute a travesty of justice. When reached for his comment, Mr. Afrifa confirmed the disenchantment of the group. He said the enthusiasm following the passage of the laws-Dual Citizenship and ROPAA – soon dissipated into rage when most overseas Ghanaians became aware of Section 16 (2) of the Dual Citizenship Act, and Article 94 (2) of the Constitution; that specifically bars overseas Ghanaians with dual citizenships status from holding senior level positions in government or contest electoral positions. He continued that Ghanaians with dual citizenship, according to the aforementioned sections of the Constitution, cannot serve as Members of Parliament or be appointed as Ministers, Deputy Ministers; or hold senior level positions such as Director of Prisons, Fire Service, and Police, among others. As the present provisions are constituted, even those currently occupying positions as Chief Executive Officers of public corporations and other entities under a Ministerial purview cannot escape from the clutches of these inimical provisions. "It is therefore very disturbing to witness that while other countries are institutionalizing linkages with their Diasporan relations for national development, Ghana is on the contrary institutionalizing official constitutional mechanisms to keep its Diasporan relations away from political opportunism". "Ghana's Diaspora is more than ever ready to fight for an inclusion and is determined to end the discriminatory practices of Article 94 (2) and others that are yet to be discussed", Mr. Afrifa disclosed. Sunday World can confirm that a number of Americans holding dual citizenship have held senior level positions without any official prohibitions in their countries of origin. For example, Raffi Hovennisian became Foreign Minister of Armenia, Valdas Adamkus became President of Lithuania and even Madeline Albright, former Secretary of State of the United States was approached to seek the presidency of the Czech Republic which she declined. Ghanaians in the Diaspora are estimated to be about three million and by the end of 2006, Ghana would have received over $5billion in private unrequited transfers which will be their contribution to the development of the Ghanaian economy……………Source: Sunday World Newspaper
