Issues in relation to which referendums are mandatory at the national level

THE CONSTITUTION OF THEREPUBLIC OF GHANA (2002)

http://www.judicial.gov.gh/constitution/second_schedule/home.htm

Article5.

 (1) Subject to the provisions of this article, the President may, by constitutionalinstrument -

   (a) create a new region;

   (b) alter the boundaries of a region; or

   (c) provide for the merger of two or moreregions.

 (2) If the President, upon a petition beingpresented to him and, on the advice of the Council of State, is satisfied thatthere is substantial demand for -

   (a) the creation of a new region;

   (b) the alteration of the boundaries of aregion, whether or not the alteration involves the creation of a new region; or

   (c) the merger of any two or more regions;

he shall, acting in accordancewith the advice of the Council of State, appoint a commission of inquiry toinquire into the demand and to make recommendations on all the factors involvedin the creation, alteration or merge.

 (3) If, notwithstanding that a petition hasnot been presented to him, the President is, on the advice of the Council ofState, satisfied that the need has arisen for taking any of the steps referredto in paragraphs (a), (b) and (c) of clause (1) of this article, he may, actingin accordance with the advice of the Council of State, appoint a commission ofinquiry to inquire into the need and to make recommendations on all the factorsinvolved in the creation, alteration or merger.

 (4) Where a commission of inquiry appointedunder clause (2) and (3) of this article finds that there is the need and asubstantial demand for the creation, alteration or merger referred to in eitherof those clauses, it shall recommend to the President that a referendum beheld, specifying the sues to be determined by the referendum and the placeswhere the referendum should be held.

 (5) The President shall refer therecommendations to the Electoral Commission, and the referendum all be held ina manner prescribed by the Electoral Commission.

 (6) An issue referred for determination byreferendum under clauses (4) and (5) shall not be taken to determined by thereferendum unless at least fifty percent of the persons entitled to vote casttheir votes at the referendum, and of the votes cast at least eighty per cent werecast in favour of that issue.

 (7) Where a referendum involves the merger oftwo or more regions, the issue shall not be taken to be determined unless atleast sixty per cent of the persons entitled to vote at the referendum in eachsuch region voted in favour of the merger of the two or more regions; andaccordingly, clause (6) of this article shall not apply to the referendum.

 (8) The President shall, under clause (1) ofthis article, and acting in accordance with the results of the referendum heldunder clauses (4) and (5) of this article, issue a constitutional instrumentgiving effect, or enabling effect to be given, to the results.