Ghana’s judiciary must be mindful of the impact of the Supreme Court decision that birth certificates cannot be proof of citizenship, can have on the society, Vice President of Imani Africa Bright Simons has said.
In a tweet, he said “The reason why some of us can’t let this citizenship thing rest is because we are guided by how dangerous politicians in other African countries have stoked civil conflict by exploiting confusion over national identity.
“Ghana’s judiciary should be very mindful.”
The reason why some of us can't let this citizenship thing rest is because we are guided by how dangerous politicians in other African countries have stoked civil conflict by exploiting confusions over national identity. Ghana's judiciary should be very mindful. pic.twitter.com/30Aphw6IoX
— Bright Simons (@BBSimons) May 28, 2023
On Friday, May 26 while answering questions at her vetting by the Appointments Committee of Parliament, the Chief Justice nominee Gertrude Torkornoo said while reiterating the Supreme Court’s position on the document that a birth certificate is not proof of citizenship.
She stated that it is rather a record of one’s birth location.
It is recalled that the Supreme Courtin it’s ruling on the matter of the National Democratic Congress (NDC) and another vs the Attorney General, said that birth certificates could not be proof of citizenship.
“A birth certificate is not a form of identification. It does not establish the identity of the bearer. Nor does it link the holder with the information on the certificate. Quite obviously, it provides no evidence of citizenship,” the Supreme Court verdict said in part.
“In fact, as a form of Identification, it is worse than the NHIA card which was held to be unconstitutional as evidence of identification of a person who applies for registration as a voter,” the court said.
Madam Torkornoo at her vetting said “Citizenship is a matter of law, nationality is a matter of law. In certain jurisdictions, being born in that place makes you a citizen of that country, [but] in our country, being born in Ghana doesn’t make you a citizen of Ghana.
“It is your relationship with your mother, it is your mother’s identity, your father’s identity, it is your lineage that determines your citizenship. So[birth certificate] is just an international requirement, we must know where everyone is born.
“But beyond that, your nationality is derived from that form, the evidence on that form.”