The Council of State has advised against the passage of the Constitution of Ghana (Amendment) Bill, 2025, which sought to allow persons holding dual citizenship to occupy a defined list of sensitive public offices.

The Bill, if passed, would have opened positions including Member of Parliament, Ambassador or High Commissioner, Chief of Defence Staff or any military Service Chief, Inspector General of Police, Secretary to the Cabinet, and Director of the Immigration Service to dual citizens — roles currently restricted under Article 8(2) of the 1992 Constitution to persons without dual allegiance.

The Bill had its first reading in Parliament in February 2026 and was referred to the Constitutional and Legal Affairs Committee by First Deputy Speaker Bernard Ahiafor for detailed scrutiny.

Lead co-sponsor Davis Ansah Opoku, New Patriotic Party MP for Mpraeso, had defended the proposal, saying it was about recognising modern realities rather than questioning anyone's loyalty.

President John Mahama had publicly thrown his weight behind the reforms, telling a Diaspora Town Hall meeting in London on May 31 that government legislation was before Parliament to allow Ghanaians in the diaspora holding other passports to participate in politics at parliamentary and ministerial level.

He said he privately refers to the proposals as the "Gyakye Quayson law," a reference to Assin North MP James Gyakye Quayson's protracted legal battles over his citizenship status and parliamentary seat. Mahama cited diaspora remittances of approximately $7.8 billion in the previous year as evidence of the diaspora's economic weight, describing overseas Ghanaians as the country's "17th region."

The Council of State's advisory role means its position carries significant constitutional weight, given its mandate to counsel the President on matters of national importance, including proposed constitutional amendments. Its advice against the Bill represents a major setback for a reform effort that had drawn backing from the Presidency and cross-party sponsorship.

The proposal had split opinion since its introduction.

The Supreme Court struck down a related legislative provision in May 2024, in a case that found parts of the Citizenship Act's extended list of restricted offices unconstitutional — underscoring how contested and legally sensitive this area of Ghana's constitutional law has become.