FOREIGN ENLISTMENT ACT - 1961 (ACT 75)

    • (1) A person who, being a citizen of Ghana, within or without the Republic accepts or agrees to accept, without the permission in writing of the President first had and obtained, any commission or engagement in the military service of any other country or induces any other person, whether a citizen or not, to accept or agree to accept any commission or engagement in the military service of any other country is guilty of first degree felony.

      (2) A person who is not a citizen of Ghana but to whom a Ghana passport has been issued shall not, while he-

      (a) is in possession of the passport;

      (b) has any claim to the possession of the passport; or

      (c) otherwise claims or enjoys the protection of the Republic by reason of the issue of the passport,

      accept or agree to accept without the permission in writing of the President first had and obtained any commission or engagement in the military service of any other country or induce any other person, whether a citizen or not, to accept or agree to accept any commission or engagement in the military service of any other country.

      (3) A person who contravenes any of the provisions of subsection (2) is guilty of first degree felony.

    • A person who leaves the Republic or goes on board any vessel, vehicle or aircraft wherever situate for the purpose of accepting or agreeing to accept, without the permission in writing of the President first had and obtained, any commission or engagement in the military service of any other country or induce, any other person, whether a citizen or not, to leave the Republic or to go on board any vessel, vehicle or aircraft for the purpose of leaving the Republic with intent to accept or agree to accept any commission or engagement in the military service of any other country is guilty of first degree felony.

    • A person who induces any other person, whether a citizen or not, to leave the Republic or go on board any vessel, vehicle or aircraft within the Republic under a misrepresentation or false representation as to the service in which that person is to be engaged with intent that that person may accept or agree to accept any commission or engagement in the military service of any other country is guilty of first degree felony.

    • (1) The governing body of the Corporation shall be a Board.

      (2) The Board shall consist of-

      (a) a chairman who shall be appointed by the National Liberation Council,

      (b) the person appointed as the Managing Director of the Corporation by National Liberation Council, or his representative,

      (c) the Principal Secretary of the Ministry responsible for the Corporation, or his representative,

      (d) the Principal Secretary of the Ministry of Economic Affairs, or his representative, and

      (e) three other persons all of whom shall be appointed by the National Liberation Council. [As substituted by teh Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree, 1969 (NLCD 391) s(1) ].

      (3) The Chairman and members of the Board appointed under subsection (2)(e) of this section shall hold office for three years. The appointment of such members may be renewed from time to time. [As substituted by the Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree, 1969 (NLCD 391) (2)].

      (a) No person shall be qualified to be a member of the Board who is a member of any assembly or other body having for the time being authority to enact laws which have effect throughout Ghana.

      (b) No person shall be qualified to be a member of the Board if having been declared as insolvent or a bankrupt under any law in force in Ghana or in any other country is an undischarged insolvent or bankrupt.

      (c) The Chairman and the members of the Board appointed under subsection (2) (e) of this section shall be persons who have had experience of, and have demonstrated competence in one or more of the following fields, that is to say, public utility operation and practice, industry, trade, finance, science and administration, and no such person shall be an employee of the Corporation and not more than one of such persons shall be a person employed by the Government. [As inserted by Ghana Water and Sewerage Corporation Act 1965 (Amendment) Decree, 1969 (NLCD 391) s. (3)].

      (4) The Board may pay to its members other than the Managing Director, such subsistence, travelling and other allowances at such rates as the Minister may approve.

      (5) So to do of any member of the Board, other than the Managing Director, may be terminated at any time by the President if he is of opinion that it is in the interest of the Corporation so to do. The Managing Director shall be appointed for such period and on such terms and conditions as the President may think fit. [As amended by the Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree, 1969 (NLCD 391) s. (4)].

      (6) The Chairman and any member of the Board appointed under subsection (2) (e) of this section, may resign his office by notice in writing addressed to the National Liberation Council and any such person may be removed from office by the National Liberation Council-

      (a) if he becomes a person of unsound mind;

      (b) if he is declared insolvent or bankrupt under any law in force in Ghana or in any other country;

      (c) if he suspends payment or compounds with his creditors;

      (d) if he is absent from three consecutive meetings of the Board without such reason as would appear to the National Liberation Council to be sufficient;

      (e) if he is sentenced to death or to imprisonment for a term exceeding twelve months without the option of a fine or is convicted of an offence involving dishonesty;

      (f) if he is guilty of serious misconduct in relation to his duties as Chairman or member of the Board; or

      (g) if in the case of a person possessed of professional qualifications, he is disqualified or suspended, otherwise than at his own request, from practising his profession in Ghana or in any other country by order of any competent authority made in respect of him personally. [As substituted by the Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree, 1969 (NLCD 391) s.(5)].

      (6A) Where the office of the Chairman or a member of the Board appointed under subsection (2) (e) of this section becomes vacant before expiration of his term of office as prescribed under subsection (3) of this section (as amended) the National Liberation Council shall without prejudice to the provisions of subsection (7) of this section appoint another person in his place and to hold office for the unexpired portion of his term of office.

      (6B) Where it appears to the National Liberation Council that any member of the Board is unable, owing to his absence from Ghana, or illness or any other sufficient cause, to perform the duties of his office under this Act, the National Liberation Council may appoint another person to hold office in his place until such time as the National Liberation Council is satisfied that the member is able to perform his duties or until the term of such member expires, whichever first occurs. [As inserted by the Ghana Water and Sewerage Corporation Act, 1965 (Amendment) Decree, 1969 (NLCD 391) s.(5)].

      (7) Every member shall, on ceasing to be a member, be eligible for re-appointment.

    • (1) A person in charge of any vessel, vehicle or aircraft who without the permission in writing of the President first had and obtained knowingly takes on board or engages to take on board or has on board the vessel, vehicle or aircraft while it is within the Republic, any of the following persons (in this Act called "illegally enlisted persons") that is to say-

      (a) a citizen who, within or without the Republic, has without the permission in writing of the President accepted or agreed to accept any commission or engagement in the military service of any other country;

      (b) a citizen who, without the permission in writing of the President, is about to leave the Republic with intent to accept any commission or engagement in the military service of any other country;

      (c) a citizen who has been induced to embark under a misrepresentation or false representation as to the service in which he is to be engaged with the intent that the person so induced may accept or agree to accept a commission or engagement in the military service of any other country,

      is guilty of second degree felony.

      (2) All illegally enlisted persons shall, immediately on discovery of the offence, be taken from the vessel or aircraft and shall not be allowed to return to it.

      (3) A vessel, vehicle or aircraft involved in the commission of an offence under this Act shall be detained until the trial, conviction or acquittal of the person in charge and until all penalties imposed on him have been paid and in any case where he is imprisoned the vessel, vehicle or aircraft shall be released to any person having a lawful claim thereto upon the payment of such sum of money as the court in sentencing the said person shall specify.

    • An offence against this Act may be described in any indictment or other document relating to the offence as having been committed at the place where it was wholly or partly committed or it may be described as having been committed within the jurisdiction of the court by which the offence is to be tried.

    • Any customs officer not below the rank of a Collector, any superior police officer not below the rank of Superintendent and any commissioned officer of the Armed Forces may seize and detain a vessel, vehicle or aircraft liable to be seized or detained in pursuance of this Act.

    • The Minister may, with the prior approval of the President, by legislative instrument make regulations for the purpose of carrying into effect the provisions of this Act.

    • In this Act, unless the context otherwise requires-

      "aircraft" includes every type of flying or airborne craft;

      "citizen" means a citizen of Ghana;

      "military service" includes service in a police, army, naval or air force and any other employment whatever in connection with any military operation and any employment in secret service work or in an underground movement or as a secret agent;

      "Minister" means the Minister responsible for Defence;

      "passport" includes every form of travel document issued on behalf of the Republic;

      "person in charge" includes the master, pilot, driver and any other person in command, and the owner, of the vessel, vehicle or aircraft.

    • (1) The Foreign Enlistment Ordinance (Cap. 61) is repealed.

      (2) The Foreign Enlistment Act, 1870, shall cease to apply in Ghana.