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Ghana: Whether a female citizen of Ghana who married a citizen of Togo, lived in Togo and became a citizen of Togo in 2001 would lose her citizenship; whether, upon her death, her husband would be eligible to make an application and be registered as a citizen of Ghana pursuant to clauses (1) and (2) of article 7, chapter 3 of the 1992 Constitution of Ghana; the effect that clause (6) of article 7 would have on such an application; whether such registration as a citizen of Ghana is automatic upon making the application, or whether authorities have the discretion to refuse citizenship and, if so, on what basis (June 2005)

During a 13 June 2005 telephone interview with the Research Directorate, an official of the Consular Section of the High Commission for the Republic of Ghana in Ottawa provided the following information in response to the questions outlined below:

1. Would a female citizen of Ghana who married a citizen of Togo in 1986 and lived with her husband in Togo, becoming a citizen of Togo in 2001, have lost her Ghanaian citizenship?

No. The Citizenship Act, which was passed in 2000, permits dual citizenship. Therefore, a person who became [a] citizen of Togo in 2001 would not have lost her Ghanaian citizenship on this basis.

2. Would her husband, after her death, be eligible to make an application and be registered as a citizen of Ghana pursuant to clauses (1) and (2) of article 7, chapter 3 of the Constitution of Ghana of 1992? What effect would clause (6) of article 7 have on such application?

It would depend on how the law is interpreted. According to the constitution, a person is eligible to make an application for citizenship on the basis of marriage. However, in a context where the wife is deceased, I cannot tell whether citizenship could be recognized on this basis.

3. Is such registration as a citizen of Ghana automatic upon making the application, or is there discretion in the applicable authority to refuse citizenship? If so, on what basis?

There is always discretion in such matters. However, I do not know the specific basis on which an application can be refused.

Additional and corroborating information could not be found among the sources consulted by the Research Directorate within time constraints.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

Reference

Ghana High Commission in Ottawa. 13 June 2005. Telephone interview with an official of the Consular Section.

Additional Sources Consulted

Internet sites, including: CIA World Factbook; Ghana Immigration Service (Government of Ghana).