BALOGUN & ORS V. MINISTER OF INTERIOR

OLLENNU J.

(His lordship referred to the pleadings, and continued:—)

None of the plaintiffs can succeed in his action unless he is able to satisfy the Court, by preponderance of evidence as in all civil cases, that he is a citizen of Ghana within the terms of the Ghana Nationality and Citizenship Act (No. 1 of 1957) (see Cooper v. Slade (27 L.J. (Q.B.) 449), and Bruce v. Attorney-General (Civil Appeal No. 2/57, judgment of Appeal Court, unreported, delivered on the 24th November, 1957)).

The section of that Act appropriate to this case is section 4(1), together with the proviso thereto:

“4. (1) Subject to the provisions of this section, every person born in Ghana, whether before or after the commencement of the Ghana Independence Act, 1957, who immediately before the date of commencement of this Act was a citizen of the United Kingdom and Colonies or a British protected person shall be a citizen of Ghana.” “Provided that a person shall not be such a citizen by virtue of this section if n…