Article 295 — Interpretation

(1) In this Constitution, unless the context otherw ise requires— “Act of Parliament” means an Act enacted by Parliam ent and includes an Ordinance; “article” means an article of this Constitution; “chief” has the meaning assigned to it in article 2 77 of this Constitution; “Civil Service” includes service in both central an d local governments; “commission of inquiry” includes a committee of inq uiry; “constitutional instrument” means an instrument mad e under a power conferred by this Constitution; “court” means a court of competent jurisdiction est ablished by or under the authority of this Constitution and includes a tribunal; “Decree” includes a Decree made by the National Lib eration Council, the National Redemption Council, the Supreme Military Council or the Armed Forces Revolutionary Council or under its authority and any statutory in strument made under the authority of any such Decree; “District Assembly” includes a Metropolitan and a M unicipal Assembly; “enactment” means an Act of Parliament, a Decree, a Law or a constitutional instrument or a statutory instrument or any provision of an Act of Parliament, a Decree, a Law or of a constitutional or of a statutory instrument; “entrenched provision” has the meaning assigned to it in article 290 of this Constitution; “functions” includes powers and duties; “government” means any authority by which the execu tive authority of Ghana is duly exercised; “high crime” means high crime within the meaning of article 2 of this Constitution; “high treason” means high treason within the meanin g of article 3 of this Constitution; “judgment” includes a decision, an order or decree of the court; “meeting” includes a period during which Parliament is meeting continually within a session; “Minister” means a Minister appointed under article 78 or 256 of this Constitution; “oath” includes an affirmation; “oath of allegiance” means the oath of allegiance s pecified in the Second Schedule to this Constitution; “paramount chief” means a person who has been nomin ated elected and installed as a paramount chief in accordance with customary law an d usage; “public corporation” means a corporation or any oth er body of persons established by an Act of Parliament or set up out of funds provided by Pa rliament or other public funds; “public interest” includes any right or advantage w hich enures or is intended to enure to the benefit generally of the whole of the people of Gha na; “public office” includes an office the emoluments a ttached to which are paid directly from the Consolidated Fund or directly out of moneys provide d by Parliament and an office in a public corporation established entirely out of public fund s or moneys provided by Parliament; “public service” includes service in any civil offi ce of Government, the emoluments attached to which are paid directly from the Consolidated Fu nd or directly out of moneys provided by Parliament and service with a public corporation; “retiring awards” includes pension and gratuity; “Rules of Court Committee” means the Rules of Court Committee established by article 157 of this Constitution; “Service Chiefs” includes Army Chief of Staff, Chie f of Naval Staff and Chief of Air Staff; “session” means a series of meetings of Parliament within a period of twelve months; “sitting” includes a period during which Parliament is sitting continuously without adjournment and a period during which it is in comm ittee; “statutory instrument” means an instrument made, wh ether directly or indirectly, under a power conferred by an Act of Parliament or a Decree or a Law; “stool” includes a skin, and the person or body of persons having control over skin land; “stool land” includes any land or interest in, or r ight over, any land controlled by a stool or skin, the head of a particular community or the cap tain of a company, for the benefit of the subjects of that Stool or the members of that commu nity or company; and “treason” means treason as defined in article 19 of this Constitution. (2) In this Constitution and in any other law— (a) a reference to the holder of an office by the t erm designating his office, shall, unless the context otherwise requires, be construed as includi ng a reference to a person for the time being lawfully acting in or performing the function s of that office; (b) references to the power to remove a public offi cer from his office shall be construed, subject to clause (4) of this article, as including references to a power conferred by any law to require or permit that officer to retire from the p ublic service. (3) Nothing in paragraph (b) of clause (2) of this article shall be construed as conferring on any person or authority power to require a Justice of the Superior Court of Judicature or the Auditor-General to retire from the public service. (4) A power conferred by a law to permit a person t o retire from the public service shall, in the case of a public officer who may be removed fro m office by some person or authority, other than a commission established by this Constit ution, vest in the President acting in accordance with the advice of the appropriate autho rity. (5) For the purposes of this Constitution and any o ther law, a person shall not be considered as holding a public office by reason only of the fa ct that he is in receipt of a pension or other similar allowance in respect of service under the G overnment of Ghana. (6) A provision in this Constitution that vests in a person or authority power to remove a public officer from his office, shall be without pr ejudice to the power of any person or authority to abolish an office or to a law for comp ulsory retirement of public officers generally or any class of public officers on attain ing the age specified in the law. (7) Where power is vested by this Constitution in a ny person or authority to appoint a person to act in or perform the functions of an office if the holder of the office is unable to perform those functions, the appointment shall not be calle d in question on the ground that the holder of the office could have performed those functions. (8) No provision of this Constitution or of any oth er law to the effect that a person or authority shall not be subject to the direction or control of any other person or authority in the performance of any functions under this Constitutio n or that law, shall preclude a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this C onstitution or the law. (9) In this Constitution references to the alterati on of any of the provisions of this Constitution or of an Act of Parliament include references to th e amendment, modification, re-enactment with amendment or modification, the suspension or r epeal of that provision and the making of a different provision in place of that provision.