SPECIAL MILITARY TRIBUNAL LAW - 1982 (PNDCL 19)

    • (1) Without prejudice to any enactment any person being a member of the Armed Forces of Ghana-

      (a) who incites or assists or procures any person to invade Ghana with armed force or unlawfully to subject any part of Ghana to attack by land, sea or air or assists in the preparation of any such invasion or attack;

      (b) who prepares or endeavours in any manner to overthrow the Government or to usurp any powers of the Government; or

      (c) who knows of the commission of any act under paragraph (a) or (b) of this subsection but does not forthwith report it to a member of the Provisional National Defence Council or to any serving police officer not below the rank of Sergeant or to a serving member of the Armed Forces of Ghana not below the rank of Sergeant in the Ghana Army or its equivalent in the Ghana Navy or Air Force,

      shall be guilty of an offence.

      (2) For the purposes of subsection (1) of this section a person who has retired from or deserted the Armed Forces of Ghana shall be deemed to be a member of the Armed Forces of Ghana.[As substituted by Special Military Tribunal (Amendment) Law, 1984 (PNDCL 77) s.1(a)]

      (3) Notwithstanding any law to the contrary, a person shall be guilty of an offence who-

      (a) being a member of the Armed Forces of Ghana-

      (i) assaults or molests any person;

      (ii) unlawfully arrests any person;

      (iii) obstructs any public officer in the performance of his duties; or

      (iv) smuggles anything into or outside Ghana in contravention of any enactment for the time being in force;

      (b) directly or indirectly instigates, commands, counsels, procures, solicits or in any manner aids, facilitates, encourages or promotes, whether by his act or presence or otherwise, the assault, molestation or unlawful arrest of another person by a member of the Armed Forces of Ghana;

      (c) does any act for the purpose of aiding, facilitating, encouraging or promoting the assault, molestation or unlawful arrest of another person by a member of the Armed Forces of Ghana;

      (d) uses a member of the Armed Forces of Ghana for any unauthorised purpose or act;

      (e) being a member of the Armed Forces of Ghana uses his position for any unauthorised purpose or act;

      (f) not being a member of the Armed Forces of Ghana parades, whether in military uniform or not, as a member of the Armed Forces of Ghana; or

      (g) smuggles anything into or outside Ghana in contravention of any enactment for the time being in force.[As substituted by Special Military Tribunal (Amendment) (No.2) Law, 1984 (PNDCL 100) s.1]

      (4) For the purposes of paragraphs (a) (ii) and (b) of subsection (3) of this section a person shall be deemed to arrest another unlawfully if he does so without lawful authority or any reasonable excuse.;[As inserted by The Special Military (Amendment) Law, 1984 (PNDCL 77)]

    • A person who is not a citizen of Ghana shall not be guilty of an offence under this Law in respect of anything done outside Ghana, but a citizen of Ghana may be tried and punished for an offence under this Law in respect of any act referred to in subsection (1) of section 1 of this Law whether done in Ghana or outside Ghana.;[As inserted by The Special Military Tribunal (Amendment) Law, 1984 (PNDCL 77)]

    • (1) Any person who commits an offence under subsection (1) of section 1 of this Law shall on conviction be liable to suffer death by shooting by firing squad.

      (2) Any person who commits an offence under subsection (3) of section 1 of this Law shall on conviction be liable-

      (a) in the case of a member of the Armed Forces of Ghana to any or a combination of the following punishments:

      (i) dismissal with disgrace from the Armed Forces of Ghana;

      (ii) detention;

      (iii) reduction in rank;

      (iv) forfeiture of seniority;

      (v) a fine not exceeding c2,000.00;

      (vi) a term of imprisonment not exceeding two years; and

      (b) in the case of any other person to a fine not exceeding c2,000.00 or to a term of imprisonment not exceeding two years or to both.[As substituted by The Special Military Tribunal (Amendment) Law, 1984 (PNDCL 77)]

      (3) A Special Military Tribunal may impose as appropriate in respect of any offence referred to it under subsection (1) of section 3 of this Law the penalty prescribed in subsection (1) or (2) of this section having regard to the nature of such offence.

      (4) Conviction for an offence under this Law shall have the same effect as conviction under the Criminal Code, 1960 (Act 29).[As substituted by Special Military Tribunal (Amendment) (No. 2) Law, 1984 (PNDCL 100) s.1(b)]

    • (1) Notwithstanding anything to the contrary and except as otherwise provided in subsection (2) of this section a Special Military Tribunal shall try the offences specified in section 1 of this Law or any offence under any enactment which may be referred to it by the Council.

      (2) The offences specified in subsection (3) (a) (iv) and (g) of subsection 1 of this Law shall be tried by a Special Military Tribunal comprising a panel of three members.

      (3) The Commander-in-Chief of the Armed Forces of Ghana or such other authority as may be authorised by him may convene a Special Military Tribunal under this section, comprising seven, five or three members.

      (4) A Special Military Tribunal convened under this section shall-

      (a) in the case of a panel of seven members, consist of not more than four officers or more than five other ranks;

      (b) in the case of a panel of five members, consist of not more than three officers or not more than three other ranks;

      (c) in the case of a panel of three members, consist of the Unit Commander, one officer and one other rank.

      (5) A Special Military Tribunal shall from its members appoint its own Chairman.[As substituted by Special Military Tribunal (Amendment) (No. 2) Law 1984 (PNDCL 100) s.1(c)]

    • Notwithstanding any law to the contrary, the trial of any person charged with an offence under this Law shall be conducted in his presence or where he is outside Ghana or it is otherwise impossible for him to be made to be present the trial may be conducted in his absence.;[As inserted by The Special Military Tribunal (Amendment) Law, 1984 (PNDCL 77) s. 1(c)]

    • (1) A Special Military Tribunal shall meet at such place and time as it may determine.

      (2) A Special Military Tribunal shall, in the exercise of its jurisdiction under section 3 of this Law have all the powers of a High Court of Justice.

      (3) A Special Military Tribunal shall, in the exercise of its functions under this Law not be bound by the decisions of any court or tribunal but shall be guided by the rules of natural justice.

      (4) A Special Military Tribunal shall in trials before it adopt the procedure for summary trials.

      (5) Any decision shall be deemed to be a decision of a Special Military Tribunal if it is supported by all its members or a majority thereof.

      (6) A decision of a Special Military Tribunal under this Law shall be final and no appeal shall lie from such a decision.

      (7) The trial of a person accused of the commission of an offence under subsection (1) of section 1 of this Law may be held in camera,[As inserted by The Special Military Tribunal (Amendment) Law, 1984 (PNDCL 77)]

    • (1) The Armed Forces Act, 1962 (Act 105) shall, with such modifications as may be necessary to give effect to the provisions of this Law and such other modifications as the Provisional National Defence Council may direct, apply in respect of the arrest, trial and punishment of any person (whether civilian or not) for an offence under this Law as if that offence were a service offence and as if a Special Military Tribunal appointed under this Law were a service tribunal, and also as if any person alleged to have committed an offence under this Law were a person subject to the Code of Service Discipline.

      (2) Subject to the provisions of this Law, this Law shall be construed as one with the Armed Forces Act, 1962 (Act 105).