Ghana (Constitution) Order in Council, 1957
| Jurisdiction | UK Non-devolved |
| Citation | SI 1957/277 |
1957 No. 277
GHANA
The Ghana (Constitution) Order in Council, 195722ndFebruary 1957
22ndFebruary 1957
23rdFebruary 1957RemainderThe appointed day for the purposes of the Ghana Independence Act, 1957*
At the Court at Buckingham Palace, the 22nd day of February, 1957
Present,
The Queen's Most Excellent Majesty in Council
Whereas, by the Ghana Independence Act, 1957(a), provision is made for and in connection with the attainment by the Gold Coast of fully responsible status within the British Commonwealth of Nations under the name of Ghana with effect from a day (hereinafter referred to as "the appointed day") which, by virtue of section 5 of the said Act is the sixth day of March, nineteen hundred and fifty-seven, unless before that date Her Majesty has, by Order in Council, appointed some other day to be the appointed day for the purposes of that Act:
Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred upon Her by the British Settlements Acts, 1887 and 1945(b), the Foreign Jurisdiction Act, 1890(c), the Ghana Independence Act, 1957, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
PART I
Preliminary
1.—(1) In this Order, unless the context otherwise requires:—
"Act" and "Act of Parliament" mean an Act of the Parliament of Ghana;
* 6.3.57
(a) 5 & 6 Eliz. 2. c. 6.
(b) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
(c) 53 & 54 Vict. c. 37.
"Ashanti" means the territories defined as such by the Ashanti (Boundaries) Order in Council, 1950;
"the Assembly" means the National Assembly constituted under this Order;
"the Cabinet" means the Cabinet of Ministers constituted under this Order;
"citizen of Ghana" means any person who, by the law of Ghana, has the status of a citizen of Ghana and, pending the enactment of such a law, means a British subject or a British protected person;
"Consolidated Fund" means the Consolidated Fund of Ghana established under section 58 of this Order;
"election" means the election of Members of Parliament and "elector" means an elector for any such election;
"the existing Orders" means the Gold Coast (Constitution) Orders in Council, 1954 to 1956(a);
"the Gazette" means the official Gazette of Ghana;
"Ghana" has the same meaning as in the Ghana Independence Act, 1957;
"the Ghana Independence Act, 1957" means the Act bearing that short title enacted by the Parliament of the United Kingdom;
"the Governor-General" means the Governor-General and Commander-in-Chief of Ghana and includes the Acting Governor-General;
"Governor" means the person holding the office of Governor and Commander in Chief of the Gold Coast within the meaning of the existing Orders;
"judicial officer" means the holder of any judicial office of emolument in the public service and includes the holder of the office of Chief Registrar but does not include a Judge of the Supreme Court or an officer who exercises all or any of the functions of a judicial office by virtue of an appointment to some other office in the public service;
"meeting" means any sitting or sittings of the Assembly commencing when the Assembly first meets after being summoned at any time and terminating when the Assembly is adjourned sine die or at the conclusion of a session;
"Member" means a Member of Parliament;
"the Northern Territories" means the territories defined as the Northern Territories of the Gold Coast by the Northern Territories of the Gold Coast Orders in Council, 1950 and 1954(b);
"Northern Togoland" means the territories defined as the Northern Section of Togoland under United Kingdom Trusteeship by the Togoland under United Kingdom Trusteeship Orders in Council, 1949 to 1954(c);
"Parliament" means the Parliament constituted under this Order;
"the Prime Minister" means the person appointed as such under this Order;
"public office" means any office of emolument in the public service;
(a) S.I. 1954/551, 1955/1218, 1219, 1956/997 (1954 II, p. 2788; 1955 II, p. 3150, 3156).
(b) S.I. 1950/2095, 1954/553 (1950 II, p. 96; 1954 II, p. 2825).
(c) S.I. 1949/1997, 1950/2096, 1954/552 (1949 I, p. 1892; 1950 II, p. 1036; 1954 II p. 2827).
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
"Public Seal" means the Public Seal of Ghana;
"the public service" means the service of the Crown in right of the Government of Ghana;
"Region" means a Region constituted by section 63 of this Order;
"session" means the sittings of the Assembly commencing when the Assembly first meets on or after the appointed day or after its prorogation or dissolution at any time, and terminating when the Assembly is prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the Assembly is sitting continuously without adjournment, and includes any period during which the Assembly is in Committee;
"Southern Ghana" means the territories which immediately before the appointed day were included in the Gold Coast Colony;
"the Speaker" and "the Deputy Speaker" mean respectively the Speaker and the Deputy Speaker of the Assembly;
"Togoland" means that part of Togoland which immediately before the appointed day was under United Kingdom Trusteeship;
"the United Kingdom" means the United Kingdom of Great Britain and Northern Ireland.
(2) Where in this Order reference is made to any officer by the term designating his office, such reference shall unless the context otherwise requires be construed as a reference to the officer for the time being lawfully discharging the functions of that office.
(3) Where, by or under this Order, a power is conferred to make any appointment, the person or authority having power to make the appointment shall have power, exercisable in the like manner—
(a) to suspend the appointment of any person appointed;
(b) in the case of a power to make an appointment to a public office, to direct that a person other than the person appointed shall, during any period that the person appointed is unable to perform the functions of his office owing to absence or inability to act from illness or any other cause, perform the functions of that office;
(c) in the case of a power to make an appointment to a public office, to appoint another person substantively to such an office, notwithstanding that there is already a substantive holder thereof, when that substantive holder is on leave of absence pending relinquishment of his office;
(d) in the case of a power to make an appointment to a public office, to direct that a person shall perform the functions of that office when no person has been appointed thereto, either until a contrary direction shall be given by the person or authority having power to make the appointment or until a person shall have been appointed substantively thereto, whichever shall be the earlier.
(4) For the purposes of this Order, a person shall not be considered to hold a public office by reason only that he is in receipt of a pension or other like allowance in respect of service in any such office, and if it shall be declared by any law in force in Ghana that an office shall not be a public office for all or any of the purposes of this Order, this Order shall have effect accordingly.
(5) Where, under the provisions of this Order, any matter is required to be, or may be, prescribed or determined by Act of Parliament, it shall suffice for the third reading of any such Act of Parliament to be passed by a majority of the Members present and voting, unless such Act relates to a matter in regard to which legislation is, by the provisions of this Order, required to be made in some other manner or by some other procedure.
(6) Save as in this Order otherwise provided, or required by the context, the Interpretation Ordinance(a) shall apply for the interpretation of this Order as it applies for the interpretation of an Ordinance.
Citation and commencement
2.—(1) This Order may be cited as the Ghana (Constitution) Order in Council, 1957.
(2) Save where otherwise provided, this Order shall come into operation on the appointed day.
Revocation and amendment
3.—(1) The Gold Coast (Constitution) Order in Council, 1954(b) as amended by the Gold Coast (Constitution) (Amendment) Order in Council, 1955(c), the Gold Coast (Constitution) (Amendment No. 2) Order in Council, 1955(d) and the Gold Coast (Constitution) (Amendment) Order in Council, 1956(e) is revoked to the extent set out in the second column of Part I of the First Schedule to this Order, but without prejudice to anything lawfully done thereunder.
(2) The amendments set out in Part II to the First Schedule to this Order shall be effected to the Fourth Schedule of the said Gold Coast (Constitution) Order in Council, 1954.
(3) The Northern Territories of the Gold Coast Orders in Council, 1950 and 1954(f) and the Togoland under United Kingdom Trusteeship Orders in Council, 1949 to 1954(g) shall cease to have effect but without prejudice to any thing lawfully done thereunder.
(4) The continued operation of any law in force in Ghana or any part thereof immediately before the appointed day shall not be affected by reason only of the provisions of this section.
(5) The jurisdiction of any court, having jurisdiction before the appointed day in any part of Ghana, shall not be affected by reason only of the provisions of this section.
(a) Laws of the Gold Coast, Rev. 1951, Chapter 1.
(b) S.I. 1954/551 (1954 II, p. 2788).
(c) S.I. 1955/1218 (1955 II, p. 3150).
(d) S.I. 1955/1219 (1955 II, p. 3156).
(e) S.I. 1956/997.
(f) S.I. 1950/2095, 1954/553 (1950 II, p. 96; 1954 II, p. 2825).
(g) S.I. 1949/1997, 1950/2096, 1954/552 (1949 I, p. 1892; 1950 II, p. 1036; 1954 II, p. 2827).
PART II
The Governor-General
Appointment of Governor-General
4.—(1) The Governor-General shall be appointed by Her Majesty and shall have and may exercise in Ghana during Her Majesty's pleasure such...
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