FOREIGN ENLISTMENT ACT, 1961 (ACT
75)
ARRANGEMENT OF SECTIONS
Section
1. Illegal enlistment
2. Leaving Ghana for enlistment
3. Inducing enlistment by
misrepresentation
4. Taking on board illegally
enlisted persons
5. Description of offence
6. Seizure
7. Regulations
8. Interpretation
9. Repeal and cesser of
application.
THE SEVENTY-FIFTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA ENTITLED
THE FOREIGN ENLISTMENT ACT, 1961
AN ACT to control the enlistment
of citizens of Ghana and other
persons in possession of Ghana
passports in the military service
of a country other than the
Republic of Ghana.
DATE OF ASSENT: 17th August, 1961.
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:
Section 1—Illegal Enlistment.
(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.
Section 2—Leaving Ghana for
Enlistment.
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.
Section 3—Inducing Enlistment by
Misrepresentation.
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.
Section 4—Taking on Board
Illegally Enlisted Persons.
(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.
Section 5—Description of Offence.
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.
Section 6—Seizure.
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.
Section 7—Regulations.
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.
Section 8—Interpretation.
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.
Section 9—Repeal and Cesser of
Application.
(1) The Foreign Enlistment
Ordinance (Cap. 61) is repealed.
(2) The Foreign Enlistment Act,
1870, shall cease to apply in
Ghana.
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