CHAPTER
002
THE
CONSTITUTION OF THE REBUPLIC OF GHANA 1992
TERRITORIES OF GHANA
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(1)
The sovereign State of Ghana is a unitary republic consisting of
those territories comprised in the regions which, immediately before
the coming into force of this Constitution, existed in Ghana including
the territorial sea and the air space.
(2)
Parliament may by law provide for the delimitation of the territorial
sea, the contiguous zone, the exclusive economic zone and the continental
shelf of Ghana.
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(1)
Subject to the provisions of this article, the President
may by constitutional instrument –
(a)
create a new region;
(b)
alter the boundaries of a region; or
(c)
provide for the merger of two or more regions
(2)
If the President, upon a petition being presented to him and on
the advice of the Council of State, is satisfied that there is a
substantial demand for -
(a)
the creation of a new region
(b)
the alteration of the boundaries of a region, whether or
not the alteration involves the creation of a new region; or
(c)
the merger of any two or more regions; he
shall, acting in accordance with the advice of the Council of State,
appoint a commission of inquiry to inquire into the demand and to
make recommendations on all the factors involved in the creation,
alteration or merger.
(3)
If, notwithstanding that a petition has not been presented to him,
the President is, on the advice of the Council of State, satisfied
that the need has arisen for taking any of the steps referred to
in paragraphs (a), (b) and (c) of clause (1) of this article, he
may, acting in accordance with the advice of the Council of State,
appoint a commission of inquiry to inquire into the need and to
make recommendations on all the factors involved in the creation,
alteration or merger.
(4)
Where a commission of inquiry appointed under clause (2) or (3)
of this article finds that there is the need and a substantial
demand for the creation, alteration or merger referred to in either
of those clauses, it shall recommend to the President that a referendum
be held, specifying the issues to be determined by the referendum
and the places where the referendum should be held.
(5) The
President shall refer the recommendations to the Electoral Commission,
and the referendum shall be held in a manner prescribed by the Electoral
Commission.
(6)
An issue referred for determination by referendum under clauses
(4) and (5) shall not be taken to be determined by the referendum
unless at least fifty per cent of the persons entitled to vote cast
their votes at the referendum, and of the votes cast at least
eighty per cent were cast in favour of that issue. political activity of any person or
any class of persons, or persons generally is unlawful.
(7)
Where a referendum involves the merger of two or more regions, the
issue shall not be taken to be determined unless at least
sixty per cent of the persons entitled to vote at the referendum
in each such region voted in favour of the merger of the two
or more region; and according, clause (6) of this article
shall not apply to the referendum.
(8)
The President shall, under clause (1) of this article, and acting
in accordance with the results of the referendum held under
clauses (4) and (5) of this article, issue a constitutional
instrument giving effect, or enabling effect to be given, to the
results. |