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(3)
Nothing in paragraph (b) of clause (2) of this article shall be construed as conferring on any person or
authority power to require a Justice of the Superior Court of Judicature or the Auditor-General to
retire from the public service.
(4)
A power conferred by a law to permit a person to retire from the public service shall, in the case of a
public officer who may be removed from office by some person or authority, other than a commission
established by this Constitution, vest in the President acting in accordance with the advice of the
appropriate authority.
(5)
For the purposes of this Constitution and any other law, a person shall not be considered as holding a
public office by reason only of the fact that he is in receipt of a pension or other similar allowance in
respect of service under the Government of Ghana.
(6)
A provision in this Constitution that vests in a person or authority power to remove a public officer
from his office, shall be without prejudice to the power of any person or authority to abolish an office
or to a law for compulsory retirement of public officers generally or any class of public officers on
attaining the age specified in the law.
(7)
Where power is vested by this Constitution in any person or authority to appoint a person to act in or
perform the functions of an office if the holder of the office is unable to perform those functions, the
appointment shall not be called in question on the ground that the holder of the office could have
performed those functions.
(8)
No provision of this Constitution or of any other law to the effect that a person or authority shall not
be subject to the direction or control of any other person or authority in the performance of any
functions under this Constitution or that law, shall preclude a court from exercising jurisdiction in
relation to any question whether that person or authority has performed those functions in
accordance with this Constitution or the law.
(9)
In this Constitution references to the alteration of any of the provisions of this Constitution or of an
Act of Parliament include references to the amendment, modification, re-enactment with
amendment or modification, the suspension or repeal of that provision and the making of a different
provision in place of that provision.
296 EXERCISE OF DISCRETIONARY POWER
Where in this Constitution or in any other law discretionary power is vested in any person or
authority(a) that discretionary power shall be deemed to imply a duty to be fair and candid;
(b) the exercise of the discretionary power shall not be arbitrary, capricious or biased either by
resentment, prejudice or personal dislike and shall be in accordance with due process of law; and
(c) where the person or authority is not a judge or other judicial officer, there shall be published by
constitutional instrument or statutory instrument, regulations that are not inconsistent with the
provisions of this Constitution or that other law to govern the exercise of the discretionary
power.
Ghana 1992 (rev. 1996)
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