Open letter to the citizenry on burden of dual citizenship and why birth certificate not evidence of citizenship

Fellow Ghanaians, two pertinent issues that have been on the front burner are the burden of dual citizenship and a birth certificate is not evidence of citizenship as related to the determination of allegiance to a country.

Fellow Ghanaians, despite the Supreme Court of Ghana ruling on both these two pertinent issues which are associated with the occupation of Public Policy Office as stipulated at Article 8 (2) of the 1992 Constitution and Article 94 (2) of the 1992 Constitution and that a birth certificate is not evidence of
citizenship, the related matters are still lingering in the nation, hence a potential threat to national cohesion with repercussion to national security, hence as part of our collective effort in fixing the Ghana Agenda there is the need for interrogation on nationality and citizenship for further and better
clarification on the matters for national acceptances to ensure National cohesion and respect for the Supreme Court of Ghana. Hence this submission on Nationality and Citizenship and how Citizenship is related to the determination of Allegiance to a Country and why a Birth Certificate is not evidence of citizenship.

So, fellow Ghanaians, in an attempt to do so, let me walk you through on matters on nationality and citizenship, this is so, with the view to dealing with the bone of contention involving the determination of allegiance to a country and why birth certificate is not evidence of citizenship.

According to some authorities or entrenched democratic nations like the UK and USA, there is a vast difference between nationality and citizenship.

Nationality

Nationality is granted by God hence, it is permanent (cannot be changed by man) because it implies where you are born or place of birth or suffice to say where God created you, hence it is based on the right of the Soil (Jus Soli) that is birthright hence a natural phenomenon. Nationality is also obtained from your parents or grandparents (Jus Sanguinis, that is by blood or by descent) hence this also a natural phenomenon.

For both ways, you can say that one Nationality is given to one by Almighty God, hence, it is innate or natural phenomena, the two issues of either the place of birth of the individual or the descent (the birth place of the parents or ancestors) of the individual connotes ethnicity. Nationality connotes racism or xenophobia which is a threat to national cohesion, bearing that in mind most countries dislike the use of the term or wording Nationality in their Constitution and rather preferred Citizenship to arrest the situation of racism or xenophobia and Stateless (Nationless) of a person.

Citizenship

Citizenship is a means to allow friendly countries to grant to a stateless people like what Ghana did by granting Ghanaian Citizenship to the two Guantanamo Bay prisoners in 2016. They are therefore Ghanaian citizens but not Ghanaian nationals. Folks, in order to attract very huge investment from
Foreigners, most Countries have introduced another layer of Citizenship known as Citizenship by Investment. Furthermore, to allow you to marry a foreigner and enjoy your marriage, your spouse has to be naturalised therefore, citizenship by naturalisation must be satisfied by your spouse.

With the exception of foreign of Diplomatic team etc, a migrant or non-national of America must also acquire a USA citizenship by naturalisation. To obtain these types of citizenship, an oath of citizenship for allegiance to the country is mandatory before the issuance of a citizenship certificate and the date of issue is very important.

The Oath of Citizenship for Allegiance to a Country is to ensure and infuse sense of patriotism and loyalty, obedience of the Constitution and all laws of the country, hence if in Ghana, the new citizen say your spouse for example must not practice or introduce LGBT in Ghana, so need for the individual to read or learn about the relevant provisions of the Constitution and laws of his or her new country herein Ghana, is his or her duty cannot be over-emphasized.
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Citizenship therefore allows anyone on earth notwithstanding where he or she is born to possess a very lucrative option or the freedom to choose where he or she wants to be or be part of a political population of a Country, to shares his or her Dream (hmm, the American Dream of most youth).

Citizenship therefore provides lucrative choice of a global ‘Nationality’ hence Citizenship. So, citizenship springs from the word citizenry which means the general public or population, hence it is non- discriminatory term as against nationality.

Let me be honest to say that since Nationality is by God, it may suggest permanent allegiance to a tribe, hence the nation, thus you hear of the Ashanti Kingdom (Ashanti Nation) or the Mamprusi Kingdom which even stretches to Ouagadougou in Burkina Faso. The Mamprusi and a true or a perverted history
tells that the Mamprusi Kingdom extends to Pusiga where the Mamprusis’ great grandfather, Naa Gebwa was buried. Hmm the bane of or the turmoil in Bawku is an issue of an Ethnic group, not ready to break the umbilical cord hence Nationality connotes dominance, racism or xenophobia hence a threat to state cohesion.

Before I expatiate on citizenship, let me use USA which provides answers to the subject to drive my point home. USA is made of 55 states (Countries) plus two unincorporated Countries including American Samoa outside the Federal system but the people there are regarded as Non-Citizen American Nationals because these unincorporated Countries of USA are part of American soil. The population of USA are mostly settlers or immigrants since the days of Christopher Columbus and the Slave Trade and the economic situation or the paradise (heaven on earth) character of USA, gives her unique or peculiar situation of huge immigrant pull, so a Child born in any of the 55 States of USA say New York regardless of where the parents come from is a National of New York after the birth has been certified by a medical doctor.

New York is constitutionally and legally required to issue birth certificate of New York to the child and take the child into strength as an authorized population (person) of New York and send the details of the birth to the Federal Registry for registration as an American, consequently, the child is granted USA citizenship or Federal citizenship by the Federal Registry.

Thus he is a National of New York where he was born or was issued with a birth Certificate and a citizen of USA per the Constitution and laws of USA, but a child born in American Samoa is a National of America hence his birth Certificate will show he is an American but he is not a Citizen until he takes the Oath of Citizenship or Oath of Allegiance, upon naturalisation or meeting the requirements of obtaining Citizenship This is a unique situation to USA because of her compel history, but most countries like Ghana cannot do the same to be explained below.

Fellow Ghanaians, let me repeat that a child born in any of the two unincorporated Countries of USA, say American Samoa outside the Federal system is recorded as a USA National but not a citizen of USA; he can only be a citizen of USA by birth within USA or by naturalisation which requires the Oath of
Citizenship for Allegiance to a Country, hence citizenship connotes allegiance.

So in USA the issuance of citizenship to persons dictate strict allegiance until denounce by the Citizen of USA, hence you must travel with US passport until you denounce both a citizen of USA and non-citizen American National must travel outside and enter USA with the passport of USA, thus USA intelligently, use the passport of USA to control her citizen thus sustaining the bond with her citizen.

So, that USA can account for her citizens, can depend on her citizens for
intelligence or use as a spy, and can mobilize her Citizen any time ‘T’ for National cause including when war is declared or in times of emergency,
by USA’s unique situation, the issue of dual citizenship is mute in the Constitution of USA because of her good system. But this does not mean that the authorities of USA do not dislike dual Citizenship. It is the good system in place in USA that makes the USA Constitution to be mute on dual Citizenship but USA uses subtle manner to deal with persons with Allegiance to or Citizenship with another country.

It is also of interest to note that Section 349 of the USA Immigration and Nationality Act specifies several conditions under which a USA citizenship may be lost automatically if the act is detected by USA , hence USA cannot come to your rescue when in trouble. These include, serving as an Officer in a foreign
country’s military service, or serving in the armed forces of a country which is engaged in hostilities against the USA, regardless whether you an Officer or a man (guard or other rank ), working for a foreign government (in policy making political office) without permission. You may be made to pay penalties or
jailed if you failed to renounce your USA Citizenship when working outside USA and fail or refuse to pay tax from your income earned to the USA.

Hence, most nations or states with the exception of China and some other nations adopted the term Citizenship and on the basis of constitutional provisions and set the criteria which determine who can be the Citizens of the country, so that it provides the country, rights over the person. Thus the State provides protection of the nation from other nations to the person and you must obey the Constitution and all the laws including lesbianism or LBG that is if LBG is lawful in that Country.

So for obvious technical reason which connotes or require Oath of Allegiance s and for the avoidance of ambiguity, most Countries including Ghana opted for the term Citizenship in their Constitutions and Laws instead of the term nationality.

As stated nationality is permanent because it is granted by God but Citizenship is granted by the Government or Constitution of a Country can be renounced by either the Government or the person involved. Example on 26 November 1985, some unusual incident happened in Ghana which involved the trading of some Ghanaian nationals by Ghana and with a Citizen of USA who was a Ghanaian national.

Eight Ghanaian nationals were freed from detention and stripped of their citizenship by the PNDC in 1985, they were then allegedly as suspected spies for USA and expelled them to USA, in exchange for a Ghanaian national by name Michael Soussoudis who was a Citizen of USA and was serving a 20-year
prison from a sentence imposed by a federal judge in Alexandria.

Hmm there is interesting story of a Chinese who quickly showed his USA Passport when he was suspected for corrupt act and was immediately deported or expelled to USA.

So the Constitution requirement 8 (2) and 94 (2) (a) of the 1992 Constitution must be preserved, upheld, defended, protected by you, the citizen as was done by President Mills through Martin Amidu and Justice Atuguba and others.

So, it is normally said that the nationality is by God, hence the DNA or origin of a person once acquired cannot be changed or taken back, while the citizenship is granted by the Government to a person and can be changed by the person or taken back by the Government. Hence a citizen of the United Kingdom (same as a British citizen) may have a nationality of USA or Hong Kong or England (English) or Scotland (Scottish) or Wale (Welsh) or Ireland (Irish) or Ghana, Canada, Australia, Saudi Arabia, Nigeria, South Africa etc. But by Administrative procedures and not by legal means, British citizens who are Nationals
from Nigeria, Ghana, cannot or may not occupy certain Offices like the Prime Minster etc though they may be Members of the British Parliament. But their fellow citizens who are Nationals of Canada, USA, England (English) Scotland (Scottish), Wale (Welsh) Ireland (Irish) and Australia can easily occupy certain
Offices like the Prime Minster in UK etc. So every Country has it rule for her pride and sovereignty.
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Citizenship is acquired by law from a country and connotes personal acceptance to swear an oath of allegiance which in effect cancels the previous oaths since in theory or legally the wording of the Oath of Allegiance indicates allegiance to one State and the obedience of the Constitution and the laws of the last Country (check the Oath of Allegiance and common sense will tell that your last Oath of Allegiance basically renounces your previous Citizenship because you cannot serve two Masters at the same time example you cannot obey at the same time obey the laws of a Country which makes LBG as legal to practice and another Country like Uganda which permits polygamy and or disallows the practice of LBG.
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Let us ponder on a scenario of Lesbianism or LBG is lawful in Canada, so let us image the position of a Ghanaian MP whose Citizenship is shared with Canada hence a holder of Dual Citizenship, akin to sharing your wife with somebody who is very rich or serviceable to her, you can guess where the MP or your wife’s will place the loyalty. Hence for those who do not know this, they are hereby educated that the framers of the 1992 Constitution use Oath of Allegiance and not Citizen in Article 94 (2) due to the burden or complexity of the risk associated with Dual Citizenship, and the reason that by your Oath of Allegiance you are simply saying that you cannot serve two masters hmm two Countries or
serviceable by two husbands at the same time.

This legal arrangement with a citizen and a State involved is akin to relationship in a wedded marriage, once you choose to do a wedding in a Court or by an authorized pastor and issued with a certificate, either spouse or both parties have the right to enjoy a peaceful marriage to the exclusion of others and when the other partner sees her spouse in bed with a trespasser he or she can take a legal action against both transgressors (the spouse and the other person for transgressing the Oath of the marriage or of Allegiance).

Hence you can only freely do so when you are legally issued with a divorce certificate not notice of divorce. Hence renunciation of citizenship is therefore complete if and only if a certificate has been issued and 24 hours must elapse upon receipt of the Renunciation Certificate, since you cannot be made to be a Stateless person. So the date of issue of the Certificate is very important before you can fill documents for fresh marriage or during a Judgment.

Allegiance to Ghana must not be played with by people who cannot think far or by populism. Hmm, in 1985 a commissioned Army Officer who with the help of his loyal girlfriend managed and got enlisted into the Ghana Army with the birth Certificate and the academic Certificate of the brother of the loyal girlfriend had to abscond to Togo when he jilted her loyal girlfriend for another girl for a marriage without just cause.

This when several attempts by the loyal girlfriend to win him back, so she has to report the case to the Military Police. So Allegiance is very important in every relationship, hence Citizenship connotes Allegiance.

Fellow citizens, let me say that the permissibility of Dual Citizenship in our Constitution as amended in 1996 by Parliament was to grant Ghanaians in the Diaspora only to retain their Ghanaian Citizenship for the acquisition of citizenship of other countries by the Ghanaians so as to take advantage of
opportunities in those Countries but not to dilute the sanctity or the Sovereignty of the State of Ghana.

Since the acquisition of Citizenship of another Country will require swearing of an Allegiance to that Country’s Constitution and laws of the Country, this in effect or in real sense tantamount to almost a hidden disabling or denouncing of the allegiance of the previous Country that is Ghana, which was done during the acquisition of a passport of Ghana. Please note that the wording of the Oath of Allegiance is clearly made to sound so and per the Holy Bible at Mt 6:24 –26 which says, “No one can serve two masters. Either he will hate the one and love the other, or he will be devoted to the one he loves most and despise the other(s). Hence No woman should be allowed to serve two husbands at the same time, she may kill one.

The very good framers of the 1992 Constitution considered that in recognition of the nation‘s pride and sovereignty, high public offices ought to be occupied by full Ghanaians who do not owe allegiance to any other country.

In USA, Officials will employ subtle or delay tactics to frustrate applicants with dual citizenship when applying for some Public Policy Offices and you are not allowed to serve as an Officer in a foreign country’s military service, or serving in the armed forces of a country which is engaged in hostilities against the USA, you will automatically lose your Citizenship. Hence a developing Country like Ghana cannot afford that luxury as provided by USA to her citizens. Consequently, the renunciation of dual Citizenship is a must do if one wants to occupy Pubic Policy Offices especially Member of Parliament.This Constitutional requirement must not be negotiable at all.

Fellow Ghanaians, pardon me to deviate small since matters on diasporas, is related to the subject especially attraction of competent persons including from the Academia, elements of Diasporas to be a Member of Parliament, among other Public Policy Office Holders was one of the reasons of the Constitutional Intentional for Article 71 of the 1992 Constitution on the emoluments.

Please the English language is flexible but the wording TO BE a Member of Parliament as in Article 94 (2) (a) of the 1992 Constitution is really about the process, including picking and filling of the form, and the vetting either by EC and taking part in the game or the vetting by the Council of State and or Parliament for some other appointments. So possessing or the attachment of a copy of the renunciation certificate with date of issue by the dual Citizenship holder to the form for the vetting process is a must do for authentication by the vetting team. The wording to be as used by the framers of the 1992 Constitution was for a very good reason, hence they declined to say or they did not say to be qualified as a Member of Parliament which means substantive status, hence to be is for the process.

Fellow Ghanaians, Article 71 of the 1992 Constitution was made an entrenched Clause to make it difficult to cancel the emolument by populists in order to ensure the constitutional Intentional of attracting competent persons including from the Academia, elements of Diasporas meet the constitutional test which require renunciation of dual Citizenship. Read my Article on the Constitutional
Intentional for Article 71 of the 1992 of the 1992 Constitution. Please the Constitutional language is clear it talks of emoluments and benefits as Salaries as at clause 3 of Article 71 of the 1992 Constitution, the 1992 Constitution never mentioned ex-gratia.

Hence ex-gratia is alien to the 1992 Constitution, so stop people from running amok on matters on ex-gratia. Because the package or the emolument Article 71 of the 1992 of the 1992 Constitution to attracting competent persons including
from elements of Diasporas and renunciation of dual Citizenship is constitutional test must be met.

The Speaker of Parliament, the Judges association and the incoming Chief Justice have all made it clear that it is the component of salary increment variances for over the four years which is paid at the tail end of the four years of a regime or Presidency. This is done in USA, because the Constitution of USA
prohibits the increment of salaries for the President, Members of Congress of USA before the tail end of tenure of a regime.

The quantum may be problem but when you appreciate that it cost over one million
Ghana Cedis to run an election and some people are making noise that the State should finance elections etc or political parties which will be looting scheme because some people will become candidates just to gain State funds, then you will see the wisdom behind Article 71 of the 1992 Constitution on the compensation. This important when we also factor in the further cost in attending funerals or social events by MPs with this in mind any reasonable person may say that the money paid to the MP is too small, hence we should stop this infantile comparison.

Folks we need to stop the populism or buffoonery and let us think with critical mindset when dealing with Article 71 of the 1992 Constitution, thank God, the framers had the wisdom and made it as one of the entrenched clauses.

Thanks for the deviation, so back to nationality and citizenship. Nationality is not a big issue in USA because of her history but Citizenship is very big issue in USA because for the development of USA, you must pay tax to USA wherever you in the World and take part in other civic responsibilities like voting
wherever you are in the World and you are still a Citizen of USA with a valid passport of USA.

So, Fellow Ghanaians, Citizenship is defined internally within each country to mean a status that supposedly allows the person full political, economic, social and legal rights in the country. That is to say Citizenship unless by Constitutional provision as at Clause (a) of Article 62 of the 1992 Constitution
which requires the President and the Vice President to be Citizen of Ghana by birth, Citizenship grants one full political, economic and social rights with Responsibilities and Privileges to participate in the affairs of a Nation and the Country has the legal right to protect you or shall have the duty of care to
protect you wherever you on earth (the world).

Consequently, Citizenship authorizes the Nation, with the full right to conscript her citizen to protect the nation’s interest that is to use or call one to defend the Country against an enemy. Unless by Constitutional injunction, Citizenship guarantees the right to vote, the right to own properties, the right
to work, and the right to live in the country and it also provides the country the full rights over the person or to control you or use to combat an external enemy which could be the Country bordering her.

Citizenship is acquired after taking the Oath of Citizenship which Oath of Allegiance to the Country to obey the Constitution and the laws of the Country. The faithfulness or loyalty is both ways that is the people to the Country and the Country to the people, hence Citizenship goes or is consummated with
swearing of Oath of allegiance by the applicant to the Country. Per the Constitution and laws of Ghana renunciation supported with the certificate with date of issue (see the Citizen Act 2000) is a must do.

Tobe Army Commander in Ghana, you must not be Dual Citizenship holder. So imagine the Army Commander of the Ukraine Army is a Dual Citizenship holder (a citizen of both Russia and Ukraine) for that matter a divided allegiance, so common sense will tell that he may not act at all or act in support of the Country where he has greater interest or attention or support, like a married woman or a woman who will certainly give more allegiance to her very rich or serviceable ex- boyfriend or boyfriend respectively.

The married woman with a divided allegiance may even conspire with the boyfriend to eliminate her husband. Citizenship is therefore an artificial or man-made phenomenon since it is by the choice of the individual which may be legally accepted by the affected State especially through naturalization/by an Act of
Parliament or granted through Marriage. Citizenship is therefore legally acquired after fulfilling the eligibilities of becoming a citizen of any country, Citizenship is therefore a legal or juristic concept, approved by a government of a country when certain legal requirements are met especially swearing of an oath of allegiance to the Country to authenticate or meet the other requirements for granting Citizenship to sustain the loyalty between the two parties (the government and the citizen).

So, Citizenship is not a right because it is given to one by the Constitution of a Country or legal means by a Government as a political status and the Government can accept or deny the Citizenship through High Court or affidavit. The holder of a Citizenship status too can also renounce the citizenship if and only if after meeting the requirements to do so and duly issued with a renunciation certificate to legally certify the separation between the affected person and the affected Country, same as ‘the divorce of the marriage of spouses by ordinance etc at Competent Court is deemed consummated when the spouse is
duly issued with a divorce certificate. It is only effective from date of issue of the Certificate, see Citizenship Act 2000.

In support of the notion that Citizenship connotes allegiance, your attention is drawn to a suite Asare Versus Attorney General (J1 6 of 2011) [2012] GHASC 31 (22 May 2012) the Supreme Court of Ghana by unanimous decision agreed with the then Attorney General (Hon Mr Martin Amidu), that one cannot serve two masters at the same time. So both Article 8 (2) and 94 (2) of the 1992 Constitution were
upheld or authenticated by the Supreme Court of Ghana as within the powers of the 1992Constitution of Ghana.

Constitution interpretation goes with Constitutional intention of the framers of the Constitution in 1992 when the categorical ban or disallow Dual Citizenship. The amendment of Article 8 (2) of the 1992 Constitution in 1996 (Act 525) was to permit Dual Citizenship was for economic and social reason but not political reason.

Birth certificate not evidence of citizenship

Let me also repeat that, USA has two types of Nationals namely Citizen-Nationals, these are persons who are issued with USA Passport or qualified to hold USA Passport to work and or, to reside in USA, required to pay tax to USA as citizens regardless wherever the citizens are in the World, to buy and own
land, he or she may be free to take an active part in the running of the country. USA also has Non- Citizen Nationals also with USA Passport or qualified to hold it but do not pay tax to USA because they are not Citizen of USA though their qualified to hold USA Passport. But both can enter and exit USA with
only passports of USA, hence making the Citizens-Nationals and Non-Citizens-National of USA to be covered by laws and effective protection of USA, since holding of the passport of USA and using it for travelling, affords the USA the lucrative chance to know which country her citizens can be located.

It is this requirement that a Citizen of USA enters and exits USA with only passports of USA that made the issue of Dual Citizenship to be irrelevant in USA.

So, in order to avoid paying huge taxes to USA since the USA Constitution, requires a citizens regardless wherever you are in the World, to pay income tax to USA, a Prime Minister of UK who is a national of New York because he was born in New York and a Citizen of USA was forced to renounce his Dual Citizenship or USA’s Citizenship. So he only retained his Nationality hence a non-citizen American National, consequently, not required to pay tax. This explains why Birth certificate not evidence of citizenship.

Another example why Birth certificate not evidence of Citizenship is the USA interesting or strange story of American Samoa which is not one of the 55 States of USA but a land or soil or territory of USA by default, so people born in American Samoa are automatically USA nationals at birth, so their birth
certificate will reflect as such (American National) but unless they have a USA’s citizen parent or born in USA, or granted Citizenship of USA, they are not USA citizens at birth nor Naturalized USA Citizens (that is if not granted USA’s citizenship by Marriage or Naturalization), they are therefore termed as Non-
Citizen USA Nationals. Non-Citizen USA Nationals on the other hand can live and work in the US without restriction, but they cannot vote or enjoy privileges of a USA citizen.

Further example why Birth certificate not evidence of Citizenship, is that in some Latin American countries, for example Mexico, nationality (Nacionalidad) is acquired at birth, but citizenship (Ciudadanía) is limited to those who have turned 18 or 21 years to apply to be registered as Citizen . So children under 18 years are non-citizen nationals of the country (Mexico). It should also be noted there are 5 classes of British nationals in addition to a British citizen, these including British Overseas Territories citizen, British Overseas citizen, British subject, British National (Overseas), and British protected persons.
They all hold British passports but have different rights; some of them do not have right to live freely in the UK.

Fellow citizens, the story above of the disloyal Army Officer to his loyal girlfriend who helped him with the brother’s birth Certificate and Academic certificate to be enlisted into the Ghana Army drives my point home that Birth Cert is no proof of citizenship.