constituteproject.org
PDF generated: 04 Oct 2013, 20:33
(4)
In this section, references to property and assets vested in or held in trust shall include property and
assets vested in or held in trust immediately before the 31 st day of December 198 1, for an interest
which extended beyond the 30th day of December, 1981 and has not been surrendered.
33 DEVOLUTION OF OTHER RIGHTS AND LIABILITIES
Subject to section 32 of this Schedule (a) where under an existing law, a right, prerogative, power, privilege or function is vested in the
Provisional National Defence Council, that right, prerogative, power, privilege or function shall,
on the coming into force of this Constitution, vest in the President or such other person or
authority as is specified under this Constitution who, subject to the provisions of this
Constitution or any other law, may do all things necessary for its exercise or performance; and
(b) any right, power, privilege, obligation, liability, duty or function vested in, or subsisting against
the Government of Ghana by or under an existing law shall continue to so vest or subsist.
34 INDEMNITY
(1)
No member of the Provisional National Defence Council, Provisional National Defence Council
Secretary, or other appointees of the Provisional National Defence Council shall be held liable either
jointly or severally, for any act or omission during the administration of the Provisional National
Defence Council.
(2)
It is not lawful for any court or tribunal to entertain any action or take any decision or make any order
or grant any remedy or relief in any proceedings instituted against the Government of Ghana or any
person acting under the authority of the Government of Ghana whether before or after the coming
into force of this Constitution or against any person or persons acting in concert or individually to
assist or bring about the change in Government which took place on the twenty-fourth day of
February 1966 on the thirteenth day of January 1972, on the fourth day of June 1979 and on the
thirty-first day of December 1981 in respect of any act or omission relating to, or consequent upon
(a) the overthrow of the government in power before the formation of the National Liberation
Council, the National Redemption Council, the Supreme Military Council, the Armed Forces
Revolutionary Council and the Provisional National Defence Council; or
(b) the suspension or abrogation of the Constitutions of 1960, 1969 and 1979; or
(c) the establishment of the National Liberation Council, the National Redemption Council, the
Supreme Military Council which took office on the ninth day of October 1975, the Supreme
Military Council established on the fifth day of July 1978, the Armed Forces Revolutionary
Council, or the Provisional National Defence Council; or
(d) the establishment of this Constitution.
(3)
For the avoidance of doubt, it is declared that no executive, legislative or judicial action taken or
purported to have been taken by the Provisional National Defence Council or the Armed Forces
Revolutionary Council or a member of the Provisional National Defence Council or the Armed Forces
Revolutionary Council or by any person appointed by the Provisional National Defence Council or
the Armed Forces Revolutionary Council in the name of either the Provisional National Defence
Council or the Armed Forces Revolutionary Council shall be questioned in any proceedings
whatsoever and, accordingly, it shall not be lawful for any court or other tribunal to make any order
or grant any remedy or relief in respect of any such act.
(4)
The provisions of subsection (3) of this section shall have effect notwithstanding that any such action
as is referred to in that subsection was not taken in accordance with any procedure prescribed by law.
Ghana 1992 (rev. 1996)
Page 146