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3 DEFENCE OF THE CONSTITUTION
(1)
Parliament shall have no power to enact a law establishing a one-party state.
(2)
Any activity of a person or group of persons which suppresses or seeks to suppress the lawful political
activity of any other person or any class of persons, or persons generally is unlawful.
(3)
Any person who—
(a) by himself or in concert with others by any violent or other unlawful means, suspends or
overthrows or abrogates this Constitution or any part of it, or attempts to do any such act; or
(b) aids and abets in any manner any person referred to in paragraph (a) of this clause;
commits the offence of high treason and shall, upon conviction, be sentenced to suffer death.
(4)
All citizens of Ghana shall have the right and duty at all times –
(a) to defend this Constitution, and in particular, to resist any person or group of persons seeking to
commit any of the acts referred to in clause (3) of this article; and
(b) to do all in their power to restore this Constitution after it has been suspended, overthrown, or
abrogated as referred to in clause (3) of this article.
(5)
Any person or group of persons who suppresses or resists the suspension, overthrow or abrogation of
this Constitution as referred to in clause (3) of this article, commits no offence.
(6)
Where a person referred to in clause (5) of this article is punished for any act done under that clause,
the punishment shall, on the restoration of this Constitution, be taken to be void from the time it was
imposed and he shall, from that time, be taken to be absolved from all liabilities arising out of the
punishment.
(7)
The Supreme Court shall, on application by or on behalf of a person who has suffered any punishment
or loss to which clause (6) of this article relates, award him adequate compensation, which shall be
charged on the Consolidated Fund, in respect of any suffering or loss incurred as a result of the
punishment.
Ghana 1992 (rev. 1996)
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