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EMERGENCY POWERS ACT, 1994 (ACT
472)
ARRANGEMENT
OF SECTIONS
Section
1. Declaration of a State of
Emergency.
2. Parliament to be informed.
3. Duration of a State of
Emergency.
4. Revocation of State of
Emergency.
5. Circumstances under which a
State of Emergency may be
declared.
6. Consequential Powers.
7. Contradiction of Act to
Articles 12 to 30 of Chapter Five
of Constitution.
8. Person on detained under
Emergency Law.
9. Gazette Publication of
Detained Persons.
10. Report to Parliament of
Persons Detained Under Emergency
Powers.
11. Hearing of Proceedings in
Camera.
12. Military Courts.
13. Act not to Derogate from
other Powers.
THE FOUR HUNDRED AND
SEVENTY-SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA ENTITLED
THE EMERGENCY POWERS ACT, 1994.
AN ACT to provide for powers to be
exercised in cases of state of
emergency.
DATE OF ASSENT: 14th February,
1994.
BE IT ENACTED by Parliament as
follows—
Section 1—Declaration of a State
of Emergency.
The President may acting in
accordance with the 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.
Section 2—Parliament to be
Informed.
(1) Notwithstanding any other
provision of this Act, where a
proclamation is published under
section 1 of this Act, the
President shall place immediately
before Parliament the facts and
circumstances leading to the
declaration of the state of
emergency.
(2) Parliament shall, within
seventy-two hours after being so
notified, decide whether the
proclamation should remain in
force or should be revoked; and
the President shall act in
accordance with the decision of
Parliament.
Section 3—Duration of a State of
Emergency.
(1) A declaration of a state of
emergency shall cease to have
effect at the expiration of a
period of seven days beginning
with the date of publication 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.
(2) Subject to subsection (2) of
section 4, a declaration of a
state of emergency approved by a
resolution of Parliament shall
continue in force until the
expiration of a period of three
months beginning with the date of
its being so approved or until
such earlier date as may be
specified in the resolution.
Section 4—Revocation of State of
Emergency.
(1) Parliament may, by resolution
passed by a majority of all
members of Parliament, extend its
approval of the declaration for
periods of not more than one month
at a time.
(2) Parliament may, by a
resolution passed by a majority of
all the members of Parliament, at
any time, revoke a declaration of
a state of emergency approved by
Parliament.
Section 5—Circumstances Under
which a State of Emergency may be
Declared.
The circumstances under which a
state of emergency may be declared
under this Act include a natural
disaster and any situation in
which any action is taken or is
immediately threatened to be taken
by any person or body of persons
which—
(a) is calculated or likely to
deprive the community 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.
Section 6—Consequential Powers.
(1) On the declaration of a state
of emergency under section 1 of
this Act, the President may take
such measures as he considers are
reasonably justifiable for the
purpose of dealing with the
situation that exists during the
period that the state of emergency
is in force.
(2) Without prejudice to
subsection (1) of this section,
the President during the period of
emergency, may—
(a) in the case of an emergency
affecting the whole of Ghana
prevent assistance to an enemy in
case of war; and
(b) in the case of an emergency
affecting the whole or any part of
Ghana cause the doing of any or
all of the following-
(i)
the detention of persons or the
restriction of their movement;
(ii) the deportation and expulsion
from Ghana of persons who are not
Ghanaians;
(iii) the taking possession or
control on behalf of the state of
any property;
(iv) the acquisition of any
property;
(v) the searching without
warrant of any premises;
(vi) the payment of compensation
to any person affected by any
action taken under the emergency;
(vii) the arrest, trial and
punishment of persons for breach
of any instruments, orders or
declaration related to the state
of emergency;
(viii) the suspension of operation
of any law; and
(ix) the removal of any person
from the emergency area where the
emergency relates only to a part
of the country.
(3) The powers conferred on the
President may be exercised by the
issue of executive instruments,
orders or declarations published
in the Gazette.
(4) Any instrument or declaration
published may
(a) empower other persons or
authorities specified in it to
take such steps or such action as
may be specified therein;
(b) contain such incidental and
supplementary provisions as appear
to the President to be necessary
or expedient for dealing with the
situation.
Section 7—Contradiction of Act to
Articles 12 to 30 of Chapter Five
of Constitution.
No action or step taken in
pursuance of a declaration of a
state of emergency under this Act
or any other enactment shall be
held to be inconsistent or in
contravention of the provisions
contained in article 12 to 30 of
the Constitution.
Section 8—Person on Detained Under
Emergency Law.
(1) Where a person is restricted
or detained pursuant to a
declaration of a state of
emergency, the following
provisions shall apply—
(a) he shall as soon as
practicable, and in any case not
later than twenty-four hours after
the commencement of the
restriction or detention, be
furnished with a statement in
writing specifying in detail the
grounds upon which he is
restricted or detained and the
statement shall be read or
interpreted to the person
restricted or detained;
(b) the spouse, parent, child or
other available next of kin of
the person restricted or detained
shall be informed of the detention
or restriction within twenty-four
hours after the commencement of
the detention or restriction and
be permitted access to the person
at the earliest practicable
opportunity, and in any case
within twenty-four hours after the
commencement of the restriction or
detention.
Section 9—Gazette Publication of
Detained Persons.
(1) Not more than ten days after
the commencement of the
restriction or detention of a
person under section 8, a
notification shall be published in
the Gazette and in the media
stating that he has been
restricted or detained and the
grounds of his restriction or
detention.
(2) Not more than ten days after
the commencement of the
restriction or detention, and
after that, during the restriction
or detention, at intervals of not
more than three months, the case
shall be reviewed by a tribunal
composed of not less than three
Justices of the Superior Court of
Judicature appointed by the Chief
Justice; except that the same
tribunal shall not review more
than once the case of a person
restricted or detained.
(3) The person detained shall be
afforded every possible facility
to consult a lawyer of his choice
who shall be permitted to make
representations to the tribunal
appointed for the review of the
case, and at the hearing of his
case, he shall be permitted to
appear in person or by a lawyer of
his choice.
(4) On a review by a tribunal of
the case of a restricted or
detained person, the tribunal may
order the release of the person
and the payment to him of adequate
compensation or uphold the grounds
of his restriction or detention,
and the authority by which the
restriction or detention was
ordered shall act accordingly.
Section 10—Report to Parliament of
Persons Detained Under Emergency
Powers.
(1) In every month in which there
is a sitting of Parliament, the
Minister authorised by the
President shall make a report to
Parliament of the number of
persons restricted or detained by
virtue of this Act or any other
enactment conferring emergency
powers and the number of cases in
which the authority that ordered
the restriction or detention has
acted in accordance with the
decisions of the tribunal
appointed under this Act.
(2) Notwithstanding subsection (1)
of this section, the Minister
referred to in subsection (1)
shall publish every month in the
Gazette and in the media—
(a) the number and the names and
addresses of the persons
restricted or detained;
(b) the number of cases reviewed
by the tribunal; and
(c) the number of cases in which
the authority which ordered the
restriction or detention has acted
in accordance with the decisions
of the tribunal appointed under
this Act.
(3) For the avoidance of doubt, it
is hereby declared that at the end
of an emergency declared under
section 1 of this Act, a person in
restriction or detention or in
custody as a result of the
declaration of the emergency shall
be released immediately.
Section 11—Hearing of Proceedings
in Camera.
(1) A court sitting in any part of
Ghana where a proclamation under
section 1 of this Act is in force
may, if it is satisfied that it is
in the interest of the public
safety or the defence of the
State—
(a) direct that throughout or
during any part of its proceedings
such persons or classes of persons
as the court may determine shall
be excluded; and
(b) prohibit or restrict the
disclosure of information relating
to its proceedings.
(2) A person who contravenes the
directions of the court under
subsection (1) commits an offence
and is liable on conviction to
imprisonment for not less than 14
days.
Section 12—Military Courts.
Nothing in this Act shall
authorise the making of any
provision for the trial of a
non-military person by a military
court.
Section 13—Act not to Derogate
from Other Powers.
The provisions of this Act are in
addition to, and not in derogation
of any other powers vested in or
conferred on the President, public
officers, the courts or other
persons by any other law.
(3) The register of voters for
public elections and referenda in
existence immediately before the
coming into force of this Act
shall until revised have effect on
the coming into force of this Act
as if it was compiled under this
Act.
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