Four Members of Parliament from the Majority and Minority Caucus are sponsoring a Private Member’s Bill to amend the country’s laws and enable Ghanaians with dual citizenship to be able to occupy public office portfolios, including Member of Parliament.

The Member of Parliament for Mpraeso, Davis Ansah Opoku; the Member of Parliament for Akim Swedru, Kennedy Osei Nyarko; the Member of Parliament for Ellembele, Emmanuel Armah-Kofi Buah; and the Member of Parliament for Adaklu, Governs Kwame Agbodza, are those sponsoring the Dual Citizenship Amendment Bill.

Davis Ansah Opoku, on her part, noted that it is high time Ghanaians with the opportunity to aid the development of the country are not cast aside just because they have dual citizenship.

“We know how much Ghanaians abroad contribute—through remittances, investments, and knowledge transfer. Many are ready to serve, but the law shuts them out simply because they hold another passport,” he said.

“This is not about questioning anyone’s loyalty. It’s about recognising the realities of the world we live in today and allowing capable Ghanaians to take up leadership roles.”

James Gyakye Quayson, the Deputy Minister-designate for Foreign Affairs, has made a clarion call to Parliament to expedite the passage of the Dual Citizenship Amendment Bill.

The bill to allow dual citizens to occupy certain public offices, including the Member of Parliament was brought before Parliament after being published in the Gazette on July 9, 2021, and republished on October 11 of the same year.

In 2024, the Constitutional and Legal Affairs Committee of Parliament recommended the approval of the bill. It is still yet to be passed by the House.

Appearing before the Appointments Committee on Friday, July 25, to be vetted for his nominated role, Mr Gyakye Quayson noted that the law presently bars many Ghanaians in such a position from returning to the country to occupy positions where they can make the greatest impact to aid the development and progress of the country.

“I personally know a lot of my counterparts who are heavily invested but just afraid to leave everything and come, because if they come, they've lost their investments. If they know they can have both ways, they'll bring these investments. Not everyone is coming for politics. There are investors out there, are scientists, there are IT experts, professors, and all,” he said.

Hence, when asked about his opinion and the steps he will take regarding the passage of the bill, Mr Gyakye Quayson said “I work tirelessly along with my minister and also with the House to see how we can pass this dual amendment bill that will eradicate the challenges.”

Following the 2020 general elections, a resident of Assin North filed a lawsuit against Mr Gyakye Quayson, insisting that he was ineligible to contest in the 2020 parliamentary elections, as he was a dual citizen.

When Mr Gyakye Quayson filed his nomination papers to contest the Assin North parliamentary election five years on the ticket of the National Democratic Congress (NDC), he held allegiance to Canada and Ghana.

During court proceedings, the lawyers of Mr Gyakye Quayson argued that prior to the election, their client had begun the process to annul his allegiance to Canada; however, the process hit a snag due to the COVID-19 pandemic.

He was found in violation of Article 94(2)a) of Ghana’s constitution, which bars individuals holding dual citizenship from holding the position of Member of Parliament.

The Constitution (1992) article 94 (2) (a) provides that: "A person shall not be qualified to be a member of Parliament if he owes allegiance to a country other than Ghana."

Section 1 of Act 527 which amended Article 8 of the 1992 Constitution of Ghana provides that,

(1) A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.

(2) Without prejudice to article 94 (2) (a) of the Constitution, no citizen or Ghana shall qualify to be appointed as a holder of any office specified in this clause if he holds the citizenship of any other country in addition to his citizenship of Ghana -

(a) Ambassador or High Commissioner;

(b) Secretary to the Cabinet;

(c) Chief of Defence Staff or any Service Chief:

(d) Inspector-General of Police;

(e) Commissioner. Customs, Excise and Preventive Service;

(f) Director of Immigration Service; and

(g) any office specified by an Act of Parliament.

As such, the Supreme Court revoked Mr Gyakye Quayson’s 2020 parliamentary election victory, and this led to a by-election that was held in June 2023. Mr Gyakye Quayson managed to reclaim his seat and was subsequently sworn in in July 2023.

Mr Gyakye Quayson contested the Assin North seat once again during the 2024 general elections and managed to secure his seat. On the ticket of the National Democratic Congress (NDC), he polled 18,023 votes, securing 56.35% of the total valid votes, beating his closest contender, Charles Opoku, who stood on the ticket of the New Patriotic Party (NPP). He obtained 13,599 votes, representing 42.52%.

In April this year, the High Court acquitted and discharged James Gyakye Quayson, Member of Parliament for Assin North, over criminal charges stemming from allegations of dual citizenship.

In a ruling delivered on Wednesday, April 9, 2025, the court found that the prosecution failed to prove that Quayson held Canadian citizenship at the time he filed his nomination to contest the 2020 parliamentary elections — a claim that had sparked a lengthy legal battle and political controversy.

Quayson, who consistently denied the allegations, insisted that he had completed the process of renouncing his Canadian citizenship before filing his nomination papers.

Speaking after the judgment, he expressed profound relief, saying the decision had vindicated him after years of legal uncertainty.

The acquittal came after Quayson's legal team filed a submission of no case to answer. In its decision, the court ruled that the evidence presented by the prosecution did not establish that Quayson made any false declaration.

It found that at the time of filing his nomination, he had already submitted the necessary documents to renounce his Canadian citizenship and demonstrated no allegiance to any country other than Ghana.

Constitutional and Legal Affairs Committee of Parliament's reasons for passage of Dual Citizenship Amendment Bill.

The committee argues that most advanced democracies, such as the United Kingdom, the United States of America, Canada, and France, do not impose public office holding restrictions on dual citizens.

"They have a liberal conception that citizenship is a status that entitles individuals to a specific set of universal rights granted by the State. Further, several emerging democracies, including Nigeria, Senegal, Sierra Leone, do not impose public office holding exclusions on dual citizens. Australia is a rare exception that bars dual citizens, or those who owe allegiance to a foreign state, or those who enjoy rights of foreign citizens from their federal legislature."

"However, the Australian law has been largely criticized as being vestigial, unjust, and anti-constitutionalism. One study estimates that the law disqualifies so many Australians that it has become a threat to national security and the constitutional order," the Committee added.

In Ghana, various justifications have been espoused for granting dual-citizen holders the right to hold certain public offices.

According to the committee, several studies support the fact that, Ghanaians in the diaspora, many of whom hold dual citizenship support the national economy with substantial remittances.

World Bank statistics show that annual remittances or private unrequited transfers (net) have amounted to over $2 billion since 2010, reaching almost $5 billion in 2015 and $4 billion in 2019.

A 2017 International Office of Migration study established that these remittances double the average household income of the recipients in the homeland.

The Committee indicated that these remittances go a long way to relieve some of the financial burden on the government.

"It is argued that these significant remittances are evidence of the loyalty and commitment of dual citizens and persons of dual allegiance to Ghana.

In addition, the population of Ghanaians in the diaspora estimated at more than one million, represent a significant source of wealth, knowledge, skills, and experience that the country can tap into," it added.