Article 31 — Emergency Powers

(1) The President may, acting in accordance with th e advice of the Council of State, by Proclamation published in the Gazette , declare that a state of emergency exists in Ghana or in any part of Ghana for the purposes of the provision s of this Constitution. (2) Notwithstanding any other provision of this art icle, where a proclamation is published under clause (1) of this article, the President sha ll place immediately before Parliament, the facts and circumstances leading to the declaration of the state of emergency. (3) Parliament shall, within seventy-two hours afte r being so notified, decide whether the proclamation should remain in force or should be re voked; and the President shall act in accordance with the decision of Parliament. (4) A declaration of a state of emergency shall cea se to have effect at the expiration of a period of seven days beginning with the date of pub lication of the declaration, unless, before the expiration of that period, it is approved by a resolution passed for that purpose by a majority of all the members of Parliament. (5) Subject to clause (7) of this article, a declar ation of a state of emergency approved by a resolution of Parliament under clause (4) of this a rticle shall continue in force until the expiration of a period of three months beginning wi th the date of its being so approved or until such earlier date as may be specified in the resolution. (6) Parliament may, by resolution passed by a major ity of all members of Parliament, extend its approval of the declaration for periods of not more than one month at a time. (7) Parliament may, by a resolution passed by a maj ority of all the members of Parliament, at any time, revoke a declaration of a state of emerge ncy approved by Parliament under this article. (8) For the avoidance of doubt, it is hereby declar ed that the provisions of any enactment, other than an Act of Parliament, dealing with a sta te of emergency declared under clause (1) of this article shall apply only to that part of Gh ana where the emergency exists. (9) The circumstances under which a state of emerge ncy may be declared under this article include a natural disaster and any situation in whi ch any action is taken or is immediately threatened to be taken by any person or body of per sons which— (a) is calculated or likely to deprive the communit y of the essentials of life; or (b) renders necessary the taking of measures which are required for securing the public safety, the defence of Ghana and the maintenance of public order and of supplies and services essential to the life of the community. (10) Nothing in, or done under the authority of, an Act of Parliament shall be held to be inconsistent with, or in contravention of, articles 12 to 30 of this Constitution to the extent that the Act in question authorises the taking, dur ing any period when a state of emergency is in force, of measures that are reasonably justifiab le for the purposes of dealing with the situation that exists during that period.