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(13)
An adjudicating authority for the determination of the existence or extent of a civil right or obligation
shall, subject to the provisions of this Constitution, be established by law and shall be independent
and impartial; and where proceedings for determination are instituted by a person before such an
adjudicating authority, the case shall be given a fair hearing within a reasonable time.
(14)
Except as may be otherwise ordered by the adjudicating authority in the interest of public morality,
public safety, or public order the proceedings of any such adjudicating authority shall be in public.
(15)
Nothing in this article shall prevent an adjudicating authority from excluding from the proceedings
persons, other than the parties to the proceedings and their lawyers, to such an extent as the
authority—
(a) may consider necessary or expedient in circumstances where publicity would prejudice the
interests of justice; or
(b) may be empowered by law to do in the interest of defence, public safety, public order, public
morality, the welfare of persons under, the age of eighteen or the protection of the private lives
of persons concerned in the proceedings.
(16)
Nothing in, or done under the authority of, any law shall be held to be inconsistent with, or in
contravention of, the following provisions –
(a) paragraph (c) of clause (2) of this article, to the extent that the law in question imposes upon a
person charged with a criminal offence, the burden of proving particular facts; or
(b) clause (7) of this article, to the extent that the law in question authorizes a court to try a member
of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal
of that member under the disciplinary law of the force, except that any court which tries that
member and convicts him shall, in sentencing him to any punishment, take into account any
punishment imposed on him under that disciplinary law.
(17)
Subject to clause (18) of this article, treason shall consist only—
(a) in levying war against Ghana or assisting any state, or person or inciting or conspiring with any
person to levy war against Ghana; or
(b) in attempting by force of arms or other violent means to overthrow the organs of government
established by or under this Constitution; or
(c) in taking part or being concerned in or inciting or conspiring with any person to make or take
part or be concerned in, any such attempt.
(18)
An act which aims at procuring by constitutional means an alteration of the law or of the policies of
the Government shall not be considered as an act calculated to overthrow the organs of government.
(19)
Notwithstanding any other provision of this article, but subject to clause (20) of this article,
Parliament may, by or under an Act of Parliament, establish military courts or tribunals for the trial of
offences against military law committed by persons subject to military law.
(20)
Where a person subject to military law, who is not in active service, commits an offence which is
within the jurisdiction of a civil court, he shall not be tried by a court-martial or military tribunal for
the offence unless the offence is within the jurisdiction of a court-martial or other military tribunal
under any law for the enforcement of military discipline.
Ghana 1992 (rev. 1996)
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