CASE BRIEF

Constitutional Law I (FLAW 305)

Dora G. A. Inkumsah
December 8, 2008

Shalabi v. A-G, (1972) 1 GLR 259 at 264-266 (SC)

Facts:
The plfs were brothers working in the transport sector in Ghana. They were born in the Gold Coast to
Lebanese parents in the 1930s. They held British passports until a law on citizenship in Ghana – the
Ghana Nationality Decree (NLCD 191) – was passed in 1967. This decree established different categories
of Ghanaians.

A Ghanaian by birth was defined as someone born in Ghana before 6 March 1957 and included British
subjects at the time. The Decree did not describe parentage as a criterion to citizenship. As a result of the
definition of a Ghanaian in the Decree, the brothers gave up their British passports and got Ghanaian
citizenship.

2 years later, another law, the NLCD 333, was passed to amend the NLCD 191. This time, the Ghanaian
citizenship for parents and grandparents was included in the criteria to becoming a citizen. This would
have precluded the brothers from becoming Ghanaian citizens if it had been included in NLCD 191.
NLCD 333 was backdated to take effect at the same time as NLCD 191 was supposed to take effect.

A year later, a new law (Business Promotion Act) was passed reserving certain sectors of the economy,
including the transport sector, to Ghanaians only. In light of this new law and NLCD 333, the brothers
sought clarification as to their status as Ghanaian citizens. Their lawyers were informed that the
Government considered them to be neither Ghanaians nor British but Lebanese.

As this would cause them problems with their business in light of the Act and NLCD 333, the brothers
sought the court’s help to declare that they were Ghanaians.

Procedure:
The brothers brought an action against the government and sought a declaration that they were Ghanaian
citizens.

Issue:
Whether or not the amendment of NLCD 191 by NLCD 333 affects or is intended to affect those who had
already acquired citizenship under NCLD 191.

Holding:
NLCD 333 did not affect those who had already acquired citizenship under NLCD 191

Reasons:
The NLCD 333 purported to come into effect at the same time as the NLCD 191. It was not possible for a
law amending another law to come into effect at the same time as the law it was amending. Even if the

Dora G. A. Inkumsah 1 Constitutional Law I, September 3, 2008

NCLD 191 was in effect for 1 second, it’s effect was to give the plf’s citizenship and their citizenship
could only be taken away by following the corrects process laid down by the law giving them citizenship.
There is no legislative sovereignty, only sovereignty of the people. The government does not have
unrestricted power to give and take people’s citizenship at will. The government’s decisions must make
sense and take people’s rights into consideration.

Comments:

Dora G. A. Inkumsah 2 Constitutional Law I, September 3, 2008

Dora G. A. Inkumsah 3 Constitutional Law I, September 3, 2008