ACTS OF GHANA

MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT, 1958 (NO. 42 OF 58)

As amended

ARRANGEMENT OF SECTIONS

Section

1. Short title and commencement.

2. Interpretation.

3. Users of motor vehicles to be insured against third party risks.

4. Limitation of time for proceedings.

5. Exemptions.

6. Requirements in respect of policies.

7. Requirements in respect of securities.

8. Certain conditions to policies or securities to be of no effect.

9. Avoidance of restrictions on the scope of policies covering third party risks.

10. Duty of insurers to satisfy judgments against persons insured in respect of third party risks.

11. Rights of third parties against insurers.

12. Duty to give information to third parties.

13. Certain settlements between insurer and insured to be of no effect.

14. Bankruptcy, etc., of insured persons not to affect certain claims.

15. Further rights of third parties against insurers.

16. Duty to surrender certificate on cancellation of policy.

17. Certificate to be produced.

18. Duty of owner to give information.

19. Deposits.

20. Offences.

21. Application of Act to securities.

22. General penalty.

23. Power to make regulations.

24. Repeal.

GHANA NO. 42 OF 1958 DATE OF ASSENT

Assented to in Her Majesty's Name and on Her Majesty's behalf this 23rd day of December, 1958.

LISTOWEL

Governor-General.

AN ACT to make provision for the protection of third parties against risks arising out of the use of motor vehicles, and for purposes incidental thereto.

Date of Commencement. [1st April, 1959.]

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the National Assembly of Ghana in this present Parliament assembled, and by the authority of the same as follows:—

Section 1—Short Title and Commencement.

This Act may be cited as the Motor Vehicles (Third Party Insurance) Act, 1958 and shall come into force on the first day of April, 1959.

Section 2—Interpretation.

(1) In this Act, unless the context otherwise requires—

"company" includes any company registered or required to be registered under the provisions of the Companies Ordinance, any corporation incorporated by law and any firm or partnership;

No. 55 of 1952

"driving licence" means a licence to drive a motor vehicle granted under the provisions of the Road Traffic Ordinance, 1952;

"highway" includes any roadway or place to which the public lawfully have free access;

"insurer" and "approved insurer" mean a person or body of persons carrying on an insurance business approved by the Minister;

"local authority" means a council established under the provisions of the Local Government Ordinance or the Municipal Councils Ordinance, 1953 or any Act amending either of the said Ordinances;

"Minister" means the Minister responsible for the Interior;

"passenger vehicle" means a motor vehicle used for carrying passengers for hire or reward;

"policy" and "policy of insurance" means a policy of insurance in respect of third party risks arising out of the use of motor vehicles, being a policy which complies with the provisions of this Act, and includes a covering note issued in respect of any such policy;

"security" means such security in respect of third party risks arising out of the use of motor vehicles as complies with the provisions of this Act.

No. 55 of 1952.

(2) If any word or expression used in this Act is defined in the Road Traffic Ordinance, 1952, such word or expression, unless the context otherwise requires, shall have in this Act the meaning assigned to it in the said Ordinance.

(3) Any reference in this Act to the expressions "bankrupt" or "bankruptcy" in relation to a person shall be construed as a reference to any person who is insolvent or has entered into a composition or arrangement with his creditors or who has been adjudicated bankrupt under the provisions of any enactment relating to bankruptcy having effect for the time being in Ghana.

(4) Any reference in this Act to the use of a motor vehicle shall be construed as referring only to the use thereof on any highway as defined in this Act.

Section 3—Users of Motor Vehicles to be Insured Against Third Party Risks.

 (1) Subject to the provisions of this Act no person shall use, or cause or permit any other person to use, a motor vehicle unless there is in force in relation to the user of that motor vehicle by such person or such other person, as the case may be, such a policy of insurance or such security in respect of third party risks as complies with the provisions of this Act.

(2) Any person acting in contravention of this section shall be liable on conviction to a fine not exceeding two hundred pounds or to imprisonment for one year or to both such fine and imprisonment and a person convicted of an offence under this section shall be disqualified from holding or obtaining a driving licence.

(3) A disqualification under the provisions of subsection (2), unless the court for special reasons to be recorded otherwise orders, shall be for a minimum period of twelve months from the date of the conviction, and any person so disqualified from holding or obtaining a driving licence under the provisions of this section shall be deemed to be so disqualified under the provisions of the Road Traffic Ordinance, 1952.

No. 55 of 1952

Section 4—Limitation of Time for Proceedings.

Notwithstanding the provisions of any written law which prescribes a time within which proceedings may be brought before a court, proceedings in respect of an offence under section 3 may be instituted—

(a) within a period of six months from the date of the commission of the alleged offence; or

(b) within a period which exceeds neither six months from the date on which it came to the knowledge of the prosecutor that the offence had been committed, nor one year from the date of the commission of the offence,

whichever period is the longer.

Section 5—Exemptions.

The provisions of section 3 shall not apply—

(a) to the user of a motor vehicle owned by or exclusively employed in the service of the Government while such motor vehicle is being used for the purposes of the Government; or

(b) to the user of a motor vehicle other than a passenger vehicle owned by a person who has deposited and keeps deposited with the Accountant-General the sum of five thousand pounds in respect of such motor vehicle at any time when such motor vehicle is being driven by the owner or by a servant of the owner in the course of his employment; or

(c) to the user of a motor vehicle at any time when it is driven for police purposes by or under the direction of a superior police officer as defined in the Police Force Ordinance; or

Cap 37

(d) to any person or class of persons declared by the Governor-General to be exempted from the the provisions of this Act.

(e) to any motor vehicle or type of motor vehicle declared by the Governor-General to be exempted from the provisions of this Act.

Section 6—Requirements in Respect of Policies.

(1) A policy of insurance for the purposes of this Act must be a policy which —

(a) is issued by an insurer approved by the Minister; and

(b) insures such persons or classes of person as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by or arising out of the use of a motor vehicle covered by the policy:

Provided that such policy shall not be required to cover—

(a) liability in respect of the death arising out of and in the course of his employment of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment; or

(b) save in the case of a passenger vehicle or where persons are carried by reason of or in pursuance of a contract of employment, liability in respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from a motor vehicle at the time of the occurrence of the event out of which the claims arise; or

(c) any contractual liability.

(2) Where any payment is made, whether or not with an admission of liability, by —

(a) an insurer under or in consequence of a policy issued under the provisions of this Act; or

(b) the owner of a motor vehicle in relation to the user of which a security under section 7 is in force; or

(c) the owner of a motor vehicle who has made a deposit under section 5,

in respect of the death of or bodily injury to any person arising out of the use of a motor vehicle and the person who has so died or received bodily injury has to the knowledge of the insurer or such owner, as the case may be, received treatment at a hospital, whether as an in-patient or an out-patient, in respect of the injury so arising there shall be also paid by the insurer or such owner to such hospital the expenses reasonably incurred by such hospital in giving such treatment after deducting any money actually received by such hospital in payment of a specific charge for treatment:

Provided that the amount to be paid by the approved insurer or the owner shall not exceed fifty pounds for each person so treated as an in-patient and five pounds for each person so treated as an out-patient.

(3) [Repealed by Contracts Act, 1960 (Act 25), s.18]

Certificate of Insurance.

(4) A policy shall be of no effect for the purposes of this Act unless and until there is issued by the insurer to the person by whom the policy is effected a certificate, in this Act referred to as a certificate of insurance, in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of such other matters as may be prescribed.

Section 7—Requirements in Respect of Securities.

(1) For the purposes of this Act a security must —

(a) be given either by an insurer approved by the Minister or by a person, company or body of persons approved by the Minister carrying on the business of giving securities of a like kind; and

(b) consist of an undertaking by the giver of the security to make good, subject to any conditions contained therein, any failure by the owner of any passenger or other motor vehicle or such other persons or classes of person as may be specified in the security duly to discharge any such liability as is required to be covered by a policy of insurance issued under the provisions of this Act which may be incurred by him or them, and such security shall in the case of an undertaking relating to the use of a passenger vehicle be up to an amount of not less than twenty-five thousand pounds and in other case of not less than five thousand pounds.

(2) A security shall be of no effect for the purposes of this Act unless and until there is issued by the person giving the security to the person to whom it is given a certificate, in this Act referred to as a certificate of security, in the prescribed form and containing such particulars of any conditions subject to which the security is issued and of such other matters as may be prescribed.

Section 8—Certain Conditions in Policies or Securities to be of no Effect.

Any condition in a policy or security issued or given for the purposes of this Act providing that no liability shall arise under the policy or security, or that any liability so arising shall cease in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy or security, shall be of no effect in connection with such claims as are set out in paragraph (b) of subsection (1) of section 6:

Provided that nothing in this section shall be so construed as to render void any provision in a policy or security requiring the person insured or secured to repay to the insurer or the giver of the security any sums which the insurer or the giver of the security may have become liable to pay under the policy or the security and which have been applied to the satisfaction of the claims of third parties.

Section 9—Avoidance of Restrictions on the Scope of Policies Covering Third Party Risks.

Where a certificate of insurance has been delivered under the provisions of subsection (4) of section 6 to the person by whom a policy has been effected so much of the policy as purports to restrict the insurance of the person insured thereby in respect of any of the following matters —

(a) the age or physical or mental condition of persons driving the motor vehicle; or

(b) the condition of the motor vehicle; or

(c) the number of persons that the motor vehicle carries; or

(d) the weight or physical characteristics of the goods that the motor vehicle carries; or

(e) the times at which or the areas within which the motor vehicle is used; or

(f) the horsepower or value of the motor vehicle; or

(g) the carrying on the motor vehicle of any particular apparatus; or

(h) the carrying on the motor vehicle of any particular means of identification other than any means of identification required to be carried under the provisions of the Road Traffic Ordinance, 1952,

No. 55 of 1952

shall, in respect of such liabilities as are required to be covered by a policy under paragraph (b) of subsection (1) of section 6, be of no effect:

Provided that nothing in this section shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability and any sum paid by an insurer in or towards the discharge of the liability of any person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person.

Section 10—Duty of Insurers to Satisfy Judgments Against Persons Insured in Respect of Third Party Risks.

(1) If after a certificate of insurance has been delivered under the provisions of subsection (4) of section 6 to the person by whom a policy has been effected judgment in respect of any such liability as is required to be covered by a policy issued under the provisions of paragraph (b) of subsection (1) of section 6, being a liability covered by the terms of the policy, is obtained against any person insured by the policy then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the persons entitled to the benefit of such judgment any sum payable thereunder in respect of the liability including any sum payable in respect of costs and any sums payable by virtue of any written law in respect of interest on that sum or judgment.

(2) No sum shall be payable by an insurer under the provisions of subsection (1) —

(a) in respect of any judgment unless before or within fourteen days after the commencement of the proceedings in which the judgment was given the insurer had notice of the bringing of the proceedings; or

(b) in respect of any judgment so long as execution thereon is stayed pending an appeal; or

(c) in connection with any liability if before the happening of the event, which was the cause of the death or bodily injury giving rise to the liability, the policy was cancelled by mutual consent or by virtue of any provision contained therein and either —

(i) before the happening of such event the certificate of insurance was surrendered to the insurer, or the person to whom the certificate of insurance was delivered made a statutory declaration stating that the certificate of insurance had been lost or destroyed and so could not be surrendered; or

(ii) after the happening of such event but before the expiration of fourteen days from the taking effect of the cancellation of the policy the certificate of insurance was surrendered to the insurer, or the person to whom the certificate of insurance was delivered made a statutory declaration that the certificate of insurance had been lost or destroyed and so could not be surrendered; or

(iii) either before or after the happening of the event or within a period of fourteen days from the taking effect of the cancellation of the policy the insurer had commenced  proceedings under this Act in respect of the failure to surrender the certificate of insurance.

(3) No sum shall be payable by an insurer under the provisions of this section if in an action commenced before or within three months after the commencement of the proceedings in which the judgment was given he has obtained a declaration that apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in a material particular or if he has avoided the policy on the ground that he was entitled to do so apart from any provision contained in it:

Provided that an insurer who has obtained such a declaration in an action shall not thereby be entitled to the benefit of the provisions of this subsection in respect of any judgment obtained in any proceedings commenced before the commencement of that action unless before or within seven days after the commencement of that action he has given notice thereof to the person who is plaintiff in the action under the policy specifying the non-disclosure or false representation on which he proposes to rely and that he intends to seek a declaration and any person to whom notice of such action is given may, if he desires, be made a party thereto.

(4) If the amount which an insurer under the provisions of this section becomes liable to pay in respect of the liability of a person insured by a policy exceeds the amount for which he would, apart from the provisions of this section, be liable to pay under the policy in respect of that liability he shall be entitled to recover the excess from that person.

(5) In this section—

"liability covered by the terms of the policy" means a liability which is covered by the policy or which would be so covered were it not that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy; and

"material" means of such a nature as to influence the judgment of a prudent insurer in determining whether he will accept the risk and if so, at what premium and on what conditions.

Section 11—Rights of Third Parties against Insurers.

(1) Where under a policy issued for the purposes of this Act a person, hereinafter referred to as the insured, is insured against liabilities to third parties which he may incur, then —

(a) in the event of the insured becoming bankrupt or making a composition or arrangement with his creditors; or

(b) in the event of the insured being a company and a winding-up order being made or a resolution for the voluntary winding-up of the company being passed in respect of the company or a receiver or manager of the company's business or undertaking being duly appointed or in the event of possession being taken by or on behalf of the holders of any debentures secured by a floating charge, or any property comprised in or subject to the change,

if either before or after either event any such liability is incurred by the insured his rights against the insurer under the policy in respect of that liability shall, notwithstanding anything in any written law to the contrary contained, be transferred to and vest in the third party to whom the liability was so incurred.

(2) Where under the provisions of any law an order is made for the administration in bankruptcy of the estate of a deceased debtor then if any debt, which may be proved in bankruptcy, is owing by the deceased in respect of a liability against which he was insured under a policy issued for the purposes of this Act as being a liability to a third party then the rights of the deceased debtor against the insurer under that policy shall, notwithstanding anything in any law to the contrary contained, be transferred to and vest in the person to whom the debt is owing.

(3) Any condition in a policy issued for the purposes of this Act purporting directly or indirectly to avoid the policy or to alter the rights of the parties thereunder upon the happening of any of the events specified in subsections (1) and (2) shall be of no effect.

(4) Upon a transfer of rights under subsection (1) or subsection (2) the insurer shall, subject to the provisions of section 13, be under the same liability to the third party as he would have been under to the insured save that —

(a) if the liability of the insurer to the insured exceeds the liability of the insured to the third party nothing in this Act shall affect the right of the insured against the insurer in respect of such excess; and

(b) if the liability of the insurer to the insured is less than the liability of the insured to the third party nothing in this Act shall affect the rights of the third party against the insured in respect of the balance.

(5) The provisions of this section and of sections 12 and 13 shall not apply—

(a) where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company; or

Cap 94.

(b) to any case to which the provisions of section 26 of the Workmen's Compensation Ordinance applies.

(6) For the purposes of this section and of sections 12 and 13 the expression "liabilities to third parties" in relation to a person insured under a policy of insurance shall not include any liability of that person in the capacity of insurer under some other policy of insurance.

Section 12—Duty to Give Information to Third Parties.

(1) Any person against whom a claim is made in respect of any liability required to be covered by a policy under the provisions of this Act shall on demand by or on behalf of the person making such claim state whether or not he was insured in respect of that liability by any policy having effect for the purposes of this Act or would have been so insured if the insurer had not cancelled or avoided the policy and, if he were or would have been so insured, give such particulars with regard to that policy as were specified in the certificate of insurance issued to him in respect thereof.

(2) In the event of any person becoming bankrupt or making a composition or arrangement with his creditors or in the event of an order being made under the provisions of any law relating to bankruptcy in respect of the estate of any person or in the case of a winding-up order being made or a resolution for a voluntary winding-up being passed with respect to any company or of a receiver or manager of the company's business or undertaking being duly appointed or of possession being taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property comprised in or subject to the charge, it shall be the duty of the bankrupt debtor, personal representative of the deceased debtor and, as the case may be, of the official assignee, trustee, liquidator, receiver, manager or person in possession of the property to give at the request of any person claiming in respect of a liability to him such information as may reasonably be required to ascertain whether any rights have been transferred to and vested in him under the provisions of this Act, and for the purpose of enforcing such rights, and any contract of insurance in so far as it purports either directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of any such information or otherwise to prohibit, prevent or limit the giving of such information shall be of no effect.

(3) If the information given to any person in pursuance of the provisions of subsection (2) discloses reasonable grounds of belief that rights have or may have been transferred to him under the provisions of this Act against any particular insurer that insurer shall be subject to the same duty as is imposed by subsection (2) on the persons therein mentioned.

(4) The duty imposed by this section to give information shall include a duty to allow all contracts of insurance, receipts for premiums and other relevant documents in the possession, power or control of the persons on whom the duty is so imposed to be inspected and copies thereof to be taken.

(5) Any person who, without reasonable excuse, the onus of proving which shall be upon him, fails to comply with the provisions of this section or who wilfully or negligently makes any false or misleading statement in reply to a demand for information, shall be guilty of an offence against this Act.

Section 13—Certain Settlements Between Insurer and Insured to be of No Effect.

Where a person who is insured under a policy issued for the purposes of this Act has become bankrupt or where such insured person being a company a winding-up order has been made or a resolution for a voluntary winding-up has been passed with respect to that company, no agreement made between the insurer and the insured after liability has been incurred to a third party and after the commencement of the bankruptcy or the winding-up, as the case may be, nor any waiver, assignment or other disposition made by or payment made to the insured after such commencement shall be effective to defeat or affect the rights transferred to or vested in the third party under the provisions of this Act and such rights shall be the same as if no such agreement, waiver, assignment, disposition or payment had been made.

Section 14—Bankruptcy, Etc., of Insured Persons not to Affect Certain Claims.

Where under the provisions of this Act a certificate of insurance has been delivered to the person by whom a policy has been effected the happening in relation to any person insured by the policy of any of the events specified in subsection (1) or subsection (2) of section 11, notwithstanding anything in this Act contained, shall not affect any such liability of that person as is required to be covered by a policy under the provisions of this Act, and nothing in this section shall affect any rights against the insurer conferred under the provisions of sections 11, 12 and 13 on the person to whom the liability was incurred.

Section 15—Further Rights of Third Parties Against Insurers.

(1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability as is required to be covered by a policy issued under the provisions of this Act shall be valid unless such third party is a party to such settlement.

(2) A policy issued under the provisions of this Act shall remain in force and available for third parties notwithstanding the death of any person insured under such policy as if such insured person were still alive.

Section 16—Duty to Surrender Certificate on Cancellation of Policy.

Where a certificate of insurance has been delivered under the provisions of this Act to the person by whom a policy has been effected and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person to whom such certificate was delivered shall, within seven days from the taking effect of the cancellation of such policy, surrender such certificate to the insurer or if such certificate has been lost or destroyed make a statutory declaration to that effect and any person contravening the provisions of this section shall be guilty of an offence against this Act.

Section 17—Certificate to be Produced.

(1) Any person driving a motor vehicle on a highway shall, on being so required by a police officer, give his name and address and the name and address of the owner of the motor vehicle and shall produce his certificate of insurance and any person contravening the provisions of this subsection shall be guilty of an offence against this Act.

(2) In any case where owing to the presence of a motor vehicle on a highway an accident occurs involving bodily injury to any person the driver of the motor vehicle shall produce his certificate of insurance to a police officer or to any person having reasonable grounds for requiring its production and if any such driver for any reason fails so to produce his certificate of insurance he shall so soon as possible, and in any case within twenty-four hours of the occurrence, report the accident and produce his certificate of insurance to the police station nearest to the scene of the accident or to the nearest administrative officer and any person contravening the provisions of this subsection shall be guilty of an offence against this Act.

No. 55 of 1952

(3) The provisions of this section shall be in addition to and not in derogation of the provisions of section 23 of the Road Traffic Ordinance, 1952.

(4) In this section "to produce a certificate of insurance" means to produce for examination the relevant certificate of insurance or certificate of security or such other evidence as may be prescribed that the motor vehicle was not being driven in contravention of the provisions of this Act

(5) In this section "police officer" includes a member of the Ghana Police Force, a member of a police force established and maintained by a local authority, and an administrative officer.

Section 18—Duty of Owner to Give Information.

An owner of a motor vehicle shall give such information as may be required by a police officer for the purpose of determining whether the motor vehicle was or was not being driven in contravention of the provisions of this Act on any occasion on which the driver was required to produce his certificate and any owner failing so to do shall be guilty of an offence against this Act.

Section 19—Deposits.

Where a sum is deposited by any person under the provisions of section 5 or as a condition of approval by the Minister under the provisions of section 6 or section 7 neither that sum nor any part thereof shall, so long as any liability being a liability required to be covered by a policy of insurance under this Act which has been incurred by such person remains undischarged or otherwise unprovided for, be applicable in discharge of any other liabilities incurred by such person.

Section 20—Offences.

(1) If any person for the purpose of obtaining a certificate of insurance or a certificate of security under the provisions of this Act makes any statement either oral or written which is false or misleading or withholds any material information such person shall, unless he proves to the satisfaction of the Court that he acted without any intent to deceive, be guilty of an offence against this Act and be liable, on conviction, to a fine not exceeding two hundred pounds or to imprisonment for two years or to both such fine and imprisonment.

(2) Any person who with intent to deceive —

(a) forges, alters, defaces or mutilates any certificate of insurance or certificate of security or any other certificate or document issued under this Act; or

(b) uses or allows to be used by any other person any forged, altered, defaced or mutilated certificate of insurance or certificate of security or any other certificate or document issued under this Act; or

(c) lends to or borrows from any other person a certificate of insurance or a certificate of security or any other certificate or document issued under the provisions of this Act; or

(d) makes or has in his possession any document so closely resembling any certificate or document issued under the provisions of this Act as to be calculated to deceive; or

(e)  issues any certificate of insurance or certificate of security or other certificate or document to be issued under the provisions of this Act,

shall be guilty of an offence and liable on conviction, to a fine not exceeding two hundred pounds or to imprisonment for two years or to both such fine and imprisonment. 

(3) If any police officer has reasonable cause to believe that any certificate of insurance or certificate of security or any other certificate or document produced to him in pursuance of the provisions of this Act by the driver or owner of a motor vehicle is a document in relation to which an offence under this section has been committed he may seize the document and when any such document is so seized the driver and the owner of such motor vehicle or either of them shall, if neither of them has been charged with an offence under the provisions of this section, be summoned before a magistrate to account for the possession of or the presence on the motor vehicle of the said document and the magistrate may make such order respecting the disposal of the document and award such costs as he may deem just.

Section 21—Application of Act to Securities.

(1) The provisions of this Act shall apply in relation to securities or to cash deposits and any certificate or document issued in respect thereof, issued or made in accordance with the provisions of this Act as such provisions apply in relation to policies of insurance and in relation to any such security or cash deposit and any certificate or document issued in respect thereof and references in this Act to being insured, to a certificate of insurance, to an insurer and to persons insured shall be construed as references to the having in force of the security or of the cash deposit, to the certificate of security or other certificate or document issued in respect of a cash deposit, to the giver of the security or the person making the cash deposit and to the persons whose liability is covered by the security or the cash deposit.

(2) In this Act references to a certificate of insurance in any provisions relating to the surrender or loss or destruction of a certificate shall, in relation to policies under which more than one certificate is issued be construed as references to all or any of such certificates and shall, where any copy of a certificate has been issued, be construed as including a reference to such copy.

Section 22—General Penalty.

Any person who is guilty of an offence against this Act for which no special penalty is provided shall, on conviction, be liable in respect of a first conviction, to a fine not exceeding fifty pounds or six months imprisonment or to both such fine and imprisonment and in the case of a second or subsequent conviction to a fine of one hundred pounds or to imprisonment for one year or to both such fine and imprisonment.

Section 23—Power to make Regulations.

The Governor-General may make regulations for prescribing everything which may be prescribed under the provisions of this Act and generally for the purpose of putting this Act into effect and in particular but without prejudice to the generality of the foregoing provisions may make regulations—

(a) prescribing the forms to be used for the purposes of this Act; 

(b) declaring approved insurers;

(c) prescribing the requirements in relation to securities either generally or in particular case;

(d) as to application for and the issue of certificates of insurance and any other documents which may be prescribed and as to the keeping of records of documents and the furnishing of particulars thereof and the giving of information with respect thereto;

(e) as to the issue of copies of any certificates or documents which are lost, mutilated or destroyed

(f)  as to the custody, production, cancellation and surrender of any such certificates or other documents;

(g) for providing that any of the provisions of this Act shall, in relation to motor vehicles brought into Ghana by persons making only a temporary stay in Ghana, have effect subject to such modifications and adaptations as may be prescribed;

(h) with respect to the payment of deposits and the documents to be issued in relation thereto and the investments thereof and dealing with the deposit of stocks or other securities in lieu of money, the payment of the interest or dividends from time to time accruing due on any securities in which deposits may be for the time invested and the withdrawal and transfer of deposits;

(i) prescribing fees to be charged in respect of anything done under the provisions of this Act;

(j) prescribing penalties for the breach of any regulations made hereunder not exceeding a fine of two hundred pounds or imprisonment for two years or both such fine and imprisonment.

Section 24—Repeal.

Cap. 229.

The Motor Vehicles (Third Party Insurance) Ordinance is hereby repealed.

This printed impression has been carefully compared by me with the Bill which has passed the National Assembly, and found by me to be a true and correctly printed copy of the said Bill.

K. B. AYENSU

Clerk of the National Assembly.

MOTOR VEHICLES (THIRD PARTY INSURANCE) (ECOWAS BROWN CARD) LAW, 1986 (PNDCL 141)

ARRANGEMENT OF SECTIONS

Section

1. Articles to have Force of Law.

2. Act No.42 of 1958 Modified.

SCHEDULE

Schedule

WHEREAS a Protocol entitled Protocol on the Establishment of an Ecowas Brown Card Relating to Motor Vehicle Third Party Liability Insurance the fact of which is set out in the Schedule to this Law, and in this Law referred to as "the Cotonou Protocol" was signed on behalf of the Government of Ghana in Cotonou on the 29th day of May, 1982, and ratified by the said Government on the 2nd day of March, 1985;

AND WHEREAS the Cotonou Protocol provided for the establishment of a common system for the settlement of claims arising in international motor vehicle traffic in the Economic Community of West African States, and for the harmonization between the member State parties to the Cotonou Protocol of the laws and regulations governing liability to third parties in respect of motor vehicle accidents;

AND WHEREAS it is decided to give effect to the Cotonou Protocol and to provide, so far as necessary, that its provisions shall have the force of law in Ghana;

NOW, THEREFORE IN PURSUANCE of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:

Section 1—Articles to have Force of Law.

Articles 1, 2, 3, 4, and 5 of the Cotonou Protocol (relating to Structure of the Ecowas Brown Card Scheme, Participants in the Scheme, Responsibility of participants, the Ecowas Brown Card and the National Bureau respectively) shall have the force of Law in Ghana.

Section 2—Act No.42 of 1958 Modified.

The Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958) shall be construed with such modifications as may be necessary to give full effect to the provisions of this Law.

SCHEDULE

PROTOCOL ON THE ESTABLISHMENT OF AN ECOWAS BROWN CARD RELATING TO MOTOR VEHICLE THIRD PARTY LIABILITY INSURANCE

Preamble

THE GOVERNMENT OF MEMBER STATES OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES:

NOTING the rapid increase in international road traffic in ECOWAS member States and the problems raised by such traffic in regard to motor vehicle liability insurance;

CONSCIOUS of the need to guarantee, for road accident victims, fair and prompt compensation for damage they may have sustained as a result of such accidents;

ANXIOUS to facilitate, for their nationals driving their vehicles within the Member States, payment of compensation due from them as a result of accidents they may have caused and to enable them comply with their obligations under local law or regulations on the subject;

DESIROUS of encouraging the development of trade and tourist exchange between African counties;

CONVINCED that the establishment of a common system for the settlement of claims arising in international motor vehicle traffic will lead gradually to a desirable harmonisation between the parties to the present protocol of the laws and regulations governing liability in respect of motor vehicle accidents;

WISHING to offer their insurance markets an opportunity and a means to develop international links and exchanges, which will inevitably contribute to the extension of these markets;

AWARE of the satisfactory results obtained by the international insurance card scheme which has been in force for many years in Europe, and of the institution of a similar scheme by the Arab countries;

DECIDE to establish, by this Protocol, an ECOWAS BROWN CARD covering motor vehicle liability when the vehicle insured is passing through the territories of the parties to this Protocol such cover providing at least the same guarantees as those required by the laws in force in territory of each of the parties.

ARTICLE 1

STRUCTURE OF THE SCHEME

1. The Liability insurance scheme established by this Protocol shall have, as its legal, technical and financial basis, the guarantees which are afforded to motorists proceeding to an ECOWAS Member State by taking out an insurance policy on the usual terms with an insurer authorised to undertake this type of business in the country which is the point of departure for the journey.

2. The scheme shall be based materially on an ECOWAS BROWN CARD whose form, as well as the guarantees it affords, are defined in the provisions of Article 4 of this Protocol.

3. The ECOWAS BROWN CARD shall be issued by a National Bureau established by each party to this Protocol in accordance with the provisions of Article 5 of this Protocol.  The card shall be issued to motorists through the insurers with whom they have taken out a liability insurance policy valid when driving in their own country.

4. Each National Bureau shall settle, on behalf of its member insurers, claims arising from accidents caused abroad by holders of the cards it has issued, and shall also handle claims arising from accidents caused in its country by holders of cards issued by the National Bureaux of other parties to this Protocol.  It may also take over the settlement of claims under cover of a joint deposit, the ECOWAS BROWN CARD constituting proof of this deposit.

5. The legal, administrative and financial operation of the scheme established by this Protocol shall be co-ordinated and supervised by a council of Bureaux of which all the National Bureaux of the parties to this Protocol shall be members in accordance with the provisions of Article 6 of this Protocol.

ARTICLE 2

PARTICIPANTS IN THE SCHEME

1. Parties to this Protocol shall participate in the Scheme as principal participants.

2. Insurers, irrespective of their legal or financial structure, which are authorised by the competent  authorities of their countries of activity to undertake insurance operations against liability risks in respect of motor vehicle accidents, shall participate in the scheme as subsidiary participants.  The participation of such insurers in the present scheme shall be subject to their membership in the National Bureaux of their countries of activity.

ARTICLE 3

RESPONSIBILITY OF THE PARTICIPANTS

1. The responsibilities of a party to this Protocol shall be:

(a) To recognise the ECOWAS BROWN CARD and to enact laws and regulations for the establishment of the card scheme, and particularly for the creation of its National Bureau;

(b) To ensure that its National Bureau is established and functions in accordance with the provisions of this Agreement, and that it joins the Council of Bureaux and complies with the decisions of the Council;

(c) To guarantee the solvency of its National Bureau;

(d) To deposit at its National Bank or a designated Commercial Bank a letter of credit in the amount equivalent to 174,000 UA to guarantee the performance by its National Bureau of the obligations under Article 5.

(e) Drawing may be made under the West African Clearing Account to discharge any obligations under this scheme.

2. The responsibilities of a subsidiary participant shall be:

(a) To issue to its policy holders ECOWAS BROWN CARDS guaranteeing such policy holders adequate cover against the motor vehicle third party risks they incur in the countries which they visit;

(b) To undertake, by way of reimbursement to the National Bureau, payment of compensation for damages and any accessory or related expenses;

(c) To contribute to the operating of the National Bureau and, through the Bureau, to the operating expenses of the Council of Bureaux.

ARTICLE 4

THE ECOWAS BROWN CARD

1. An ECOWAS BROWN CARD is hereby established.

2. This card shall be of a strictly uniform type to be determined by decision of the Council of Bureaux, which alone may alter the format, typographical layout, colour and content of the card.

3. The card shall include the following particulars: the name and address of the National Bureau which has issued it, particulars of  the insurer insuring the motor vehicles, the identity of the policy holders, identification of the vehicle, period of validity of the card, its individual serial number, a list of countries in which it is valid, and the name and address in each of those countries, of the National Bureau which the policy holder shall notify in the event of an accident. The card shall be signed by the insurer and by the policy holder.

4. The guarantee provided by the ECOWAS BROWN CARD shall cover the liability incurred by the holder of the card in accordance with the laws of such member country which he visits.

5. Notwithstanding the terms of the insurance policy under which it is issued, the card shall provide all the guarantees required by the laws or regulations governing compulsory motor vehicle insurance in the country in which the accident occurred.  Such guarantees shall be subject to the conditions and limitations contained in the insurance policy, if the said conditions and limitations are permitted by the laws or regulations of the party to  this Protocol in which the accident has occurred.

6. The ECOWAS BROWN CARD shall be recognised as a valid certificate of insurance in the territories of the parties to this Protocol in which the production of such a certificate is required, either within the national territory or at its frontiers, as a condition for the circulation of motor vehicles.

7. For a party in whose territory insurance is not compulsory by law, the guarantee provided by the ECOWAS BROWN CARD shall correspond to the third party liability on the motorist in accordance with the laws and regulations in force in the country where the accident occurred, as interpreted and applied by the local judicial or administrative authorities.

8. During the period of its validity, the ECOWAS BROWN CARD should constitute proof of the existence of an insurance policy. It will be effective only in the event that the original cover is in force.

ARTICLE 5

THE NATIONAL BUREAUX

1. The status of each National Bureau shall be defined by the legal provisions in force, for this category of establishment, in the territory of a party to this Protocol.  Its method of operation shall be determined by the legal instrument by which it is created.

2. In accordance with paragraph 2 of Article 2, each National Bureau shall be composed of insurers authorised by the local supervisory authorities for insurance against motor vehicle liability risks. The insurer shall apply for administration to the National Bureau and shall provide the Bureau with any guarantees it  may require.  In a country where one single State-owned insurance company has the monopoly of all insurance operations, the Government of that party to this Protocol may designate that company to act as the National Bureau of that country.

3. The National Bureau shall be financed by the contributions of members. The amount and method of payment of contributions shall be determined at the time of admission to membership.

4. The members shall undertake to place at the disposal of the National Bureau as advances, at its request, the sum necessary for its operation.

5. The dissolution of a National Bureau shall be at the initiative of the Government of the Party to this Protocol which shall take the necessary decision, stating the conditions and modalities of the dissolution. The notification of this decision shall be made to the Council of Bureau at least six months before the dissolution. The National Bureau shall act either as an agency handling commitments under ECOWAS BROWN CARDS issued by other National Bureaux.

A. The National Bureau, as an issuing agency:

(a) shall arrange for the printing of the cards and shall allot to each of them a serial number in a single series; it shall issue the cards to insurers who are members of the Bureau and who request them. The said insurers shall keep a record enabling them to identify card-holders and the particulars shown on their cards; the insurers shall undertake not to issue cards to persons other than their own policy-holders who have taken out a policy against motor vehicle liability risks;

(b) shall give to each of the National Bureau of other signatories to this Protocol a general mandate authorising them to receive statements and claims concerning accidents caused in the territory of such other parties by the holders of the cards it has issued, to proceed with the investigation of such accidents and to pay compensation on request, supported by the usual documents of proof.  It shall reimburse the National Bureau which has paid compensation as follows:

(i) the total amount paid by way of damages, expense, and disbursements or, where the settlement is made by amicable agreement, the amount agreed in the settlement including the agreed expenses. Fines shall on no account be reimbursed;

(ii) the expenses actually incurred in the investigation and settlement of the claim;

(iii) a handling fee calculated as a percentage of the amount of damages and legal costs or expenses agreed upon in a settlement by amicable agreement. This percentage shall be determined in advance and for all cases by the Council of Bureaux;

(c) shall make reimbursement as calculated on the above-mentioned basis, including the minimum handling fee, even if the claim has been settled without any payment being made to an injured third party.  Reimbursement shall be made to the requesting National Bureau; in the currency of its country and free of any exchange of transfer charges;

(d) shall pay interest on the amount involved at the rate of 8 per cent calculated from the date the claim is made up to the day it is paid, if after a period of three months from the day the request for reimbursement is made the settlement has not been received.

B. The National Bureau, as a handling agency:

(a) shall, as soon as it is informed of an accident caused in a country which is a party to this protocol by the holder of an ECOWAS BROWN CARD issued by the National Bureau of another Party to this Protocol, act in the best interest of the Bureau on receiving a claim for damages, it shall undertake necessary verification concerning the circumstances of the accident and, on the basis of these verifications, it shall advise the issuing Bureau and take any administrative or non-judicial action which it deems necessary.  At the judicial level, the Bureau, in its capacity as a handling agency, shall be entitled to take any steps to institute or contest an action.  In the case of claims for damages below a certain amount established by agreement with each of the other issuing Bureaux the Bureau may agree to a settlement out of court.  In the case of claims for damages exceeding the amount so established, the Bureau shall obtain the prior consent of the issuing Bureau before agreeing to any settlement;

(b) shall not knowingly entrust or relinquish the handling of a claim to an insurer or to any person who may have a financial interest in the accident which has given rise to the claim;

(c) shall be entitled, in a case where the  compensation payable is in excess of 8,696 UA, to require the issuing Bureau to instruct a bank or other financial establishment to place immediately at its disposal, at its registered office, a sum corresponding to the estimated amount of the compensation.

ARTICLE 6

THE COUNCIL OF BUREAU

1. The Council of Bureaux (hereinafter referred to as "the Council") is hereby established.

2. The Council shall consist of one full fledged representative and one alternate representative selected from each National Bureau. It shall appoint on rotatory basis its Chairman and Vice-chairman from among the representatives in alphabetical order and for a period of one year. In the absence of both the Chairman and Vice-chairman the members present shall elect one representative to preside over the meeting.

3. The Council shall hold its first meeting not later than two months after the entry into force of this Protocol at the Executive Secretariat of ECOWAS which shall be the Temporary Headquarters of the Council until such a time the Council may decide on its Headquarters.

4. The Council shall meet at least once a year at a place and on a date which it shall determine.  On the initiative of its Chairman or at the request of at least one third of its members, a meeting of the Council may be summoned by invitation to members at least 30 days before such a meeting.

5. The Council shall itself establish the agenda for its meetings, and only items included in the agenda shall be discussed.  Items proposed in writing to the Chairman by at least a quarter of the members not less than ten days before the meeting shall be included in the agenda.

6. Each member of the Council shall have one vote.  With the exception of decisions under paragraph 12 of Article 6, decisions of the Council shall be by a simple majority vote; decisions shall require the presence of the representatives of at least half the members.

7. The Council shall appoint the Chairman who shall hold office for one year and co-ordinate the activities of the Council.

8. The Council shall establish its annual budget and shall fix the annual contributions to be paid by members which shall be an equal amount as among the members.

9. The Council shall have a general function of orientation, co-ordination and supervision over the whole of the ECOWAS Insurance Scheme established by this Protocol.

10. The Council shall determine the form and content of the ECOWAS BROWN CARD.

11. The Council shall co-ordinate the operation of the National Bureaux for this purpose, it shall prepare a standard inter-Bureaux contract which shall be signed by all Bureaux and which the council alone shall be entitled to amend. This contract shall in particular determine the maximum amount for the delegation of owners of settlement by one National Bureau to another, and the minimum handling fee payable for each case handled by them.

12. Any dispute between two or more National Bureaux as to the interpretation on application of this Protocol shall be referred to Council.  The Council shall decide the dispute on absolute majority.  The decision pronounced shall be final and binding on the parties to the dispute. The decision shall be notified to all the National Bureaux and the Council shall see to its execution.

13. The Council shall on its own initiative or on the initiative of any Government Party to this Protocol consider and, if it deems it advisable, propose changes in the laws or regulations of the parties to this Protocol with a view to improving the functioning of the ECOWAS BROWN CARD scheme, or to harmonising the systems of compensation for damages occasioned by road traffic accidents, or to improving accident prevention.

ARTICLE 7

WITHDRAWALS AND EXCLUSION

1. A Party to this Protocol may withdraw from it any time after the expiration of a period of one year from the date on which this Protocol has entered into force by means of notification in writing addressed to the Executive Secretariat of ECOWAS.  The withdrawal shall take effect twelve (12) months after the date of receipt of the notification by the Executive Secretariat, during which period the withdrawing Party shall remain liable for its financial obligation under this Protocol.

Any insurer member ceasing for any reason to be a member of the National Bureau shall remain bound by the undertakings assumed by the Bureau during the period of its membership.

2. If any Party is in breach of its obligations under this Protocol and such breach substantially impairs the operation of this Agreement the Heads of States and Government may by a resolution exclude such a Party from this Protocol.

3. The Council of Bureau shall determine any settlement of accounts with a withdrawing or excluded Party. A withdrawing or excluded Party shall not be discharged from its obligations until the extinction  of all its existing liabilities.

ARTICLE 8

REVISION AND AMENDMENT

1. Any Party to this Protocol may submit proposals for amendment or revision of this Protocol.

2. Any such proposal shall be submitted to the Executive Secretariat of ECOWAS which shall communicate them to other Member States not later than thirty days after receipt of such proposals.  Amendments or revisions shall be considered by the Heads of State and Government after Parties have given one month's notice thereof.

ARTICLE 9

ENTRY INTO FORCE

1. The present Protocol shall enter into force provisionally upon signature by Heads of State and Government of Member States and definitely upon ratification by at least seven (7) signatory states in accordance with the constitutional procedure applicable to each Member State.

2. This Protocol and all the instruments of ratification shall be deposited with the Executive Secretariat which shall transmit certified true copies of this Protocol to all Member States informing them of dates on which the Instruments of Ratification have been deposited. This Protocol shall be registered with the Organisation of African Unity, the United Nations Organisation and such Organisations as the Heads of State and Government of ECOWAS shall determine.

May this 9th day of January, 1986.

FLT.-LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 28th February, 1986.

NARCOTIC DRUGS (CONTROL, ENFORCEMENT AND SANCTIONS) LAW, 1990 (PNDCL 236)

The purpose of this Law is to bring under one enactment offences relating to illicit dealing in narcotic drugs and to further put in place provisions that will prevent illicit narcotic drug dealers benefiting from their crimes.

In view of the rising incidence of narcotic drug abuse in the country and the threatening dimensions that illicit narcotic drug dealing has taken internationally, it has become necessary to revise the existing laws on narcotic drugs by clearly spelling out the offences and providing realistic and deterring punishments in respect of them.

Furthermore, Ghana as a signatory to the United Nations Convention on Narcotic Drugs and Psychotropic Substances is obliged to enact national laws to implement the provisions of the Convention.

To this end, provision is made in this Law for the pursuit, seizure and forfeiture of equipment used in the commission of narcotic drug offences and of properties and proceeds acquired or derived from narcotic drug offences or illicit narcotic drug dealings.

In furtherance of international co-operation and mutual assistance among member countries parties to the Convention, provision is made in this Law for assistance, on request, to foreign countries to enable them pursue and seize in Ghana, through due process of law, properties acquired or derived from illicit narcotic drug activities.

The following are the essential elements of the Law.

PART I—Section 1-6

Under this Part, importation, exportation, possession, cultivation, manufacture, supply, use and administration of any narcotic drug without lawful authority is prohibited.

Under section 7 a court or Tribunal that convicts any person has discretion not to impose the minimum sentence where the circumstances of the case demand.

Section 8 (1) repeats the provision in the current law where if an accused person with two previous convictions for specified narcotic drug offences is again convicted for such an offence he shall be liable to imprisonment for life.

Subsection (2) of section 8 enables District Magistrates and District Tribunals to try offences under Part I but since most of the stipulated minimum sentences are beyond their jurisdiction, convicts must be sent to the appropriate higher Courts or Tribunals for sentence.

Under section 9 (1) the meaning of narcotic drugs is defined and section 9(2) provides for amendment of the Schedules by the Secretary.

PART II

This Part deals with activities in relation to properties which constitute offences.

Section 10 makes any dealing directly or indirectly in relation to any property whether in Ghana or outside Ghana with the intention of managing, promoting, establishing or carrying on any activity which is an offence under Part I an offence; and a person with intention to assist or facilitate such a crime also commits an offence.

Section 11 makes possession of property or proceeds from any property known to have been obtained from activities which constitute a narcotic drug offence in Ghana, an offence, wherever the offence was committed.

Section 12 prohibits the laundering of proceeds from narcotic drug offences wherever committed.   Where any person is convicted of a narcotic drug offence under this Law, the equipment or property, the subject matter of the offence, shall be forfeited to the State under section 13 (1).  However, section 13 (2) exempts carriers from liability where the offence was committed by someone other than the owner of the carrier and it is proved to the court that the use of the carrier for the offence was without the owner’s knowledge or consent.

Under section 14, once, there is proof that a narcotic drug offence has been committed, any equipment or property used for the commission of the offence shall be forfeited notwithstanding that no person has been convicted of the offence . . .

PART III

This Part deals with the pursuit and forfeiture of illegal properties.

Under section 16 the Attorney-General, may, where he has reason to believe that a person has or is holding on behalf of another person property suspected to be illegal property under this Law, make an ex parte application to a court for the forfeiture of the property specified in the application from the person named therein.

Under section 15 is specified persons, who can be proceeded against by the Attorney-General, referred to as “liable persons”, these are persons who have been convicted of narcotic drug offences, either in Ghana or of similar offences abroad; persons knowingly holding or concealing illegal properties; persons to whom such properties have been passed, unless they hold them as purchasers in good faith for valuable consideration.  Where a person who can be proceeded against under section 15 dies, his personal representatives or where there are no personal representatives any beneficiaries may be pursued.

Under section 17, a court may on hearing the Attorney-General on an application under section 16, cause a notice to be issued to the liable person named in the application to show cause why the properties specified by the Attorney-General in the application should not be forfeited, and the Court shall rule after hearing the parties, and make such order as it deems just.

Under section 18, the Court has power to order forfeiture where the person named as liable fails to appear.

Under section 19, the Court may where it is satisfied that illegal property has been sold to a purchaser in good faith or that the property cannot be traced or is otherwise irrecoverable, order, among others, that an amount equal to the full value of the illegal property shall be paid.

Failure to pay attracts imprisonment under section 19 (3), and where the liable persons dies before or after the Court order, the representative of his estate or any beneficiary can be pursued.

Under section 20 (1), all contracts and dealings effected by any person against whom notice has been issued under Part III in respect of the illegal property are null and void.

Under section 21, proceedings do not abate upon the death of the liable person, and any proceedings pending are to be continued against his personal representatives or beneficiaries.

Under section 22 (1) only the High Court, National or Regional Public Tribunals have original jurisdiction under Part III of the Law.

PART IV

This Part deals with arrest, investigation and seizure.

Under section 23, a police officer has power to arrest without warrant any person whom he reasonably suspects to have committed or to be committing an offence under this Law.

Section 24 deals with powers of entry, search and seizure on premises suspected to be used for offences under the Law and section 25 deals with body searches of suspects which can include both external and internal body searches, the latter of which must be conducted by a medical officer. Females are only to be searched by other females; obstruction of a person inspecting or searching is an offence under section 26.

Section 27 empowers a magistrate or District Tribunal to grant, on an application by a police officer, a right to intercept, detain, open and search any communication or postal article which the magistrate or District Tribunal considers likely to contain relevant information or substance for prosecution under the Law.  This application can also extend to a request to the magistrate or District Tribunal for authorisation to intercept transmitted messages and to listen to any conversation by telecommunication.

Section 28 gives the Attorney-General special powers to authorise any police officer, by a written order, to investigate, inspect and take copies of any documents held by a bank or financial institution among others, for purposes relating to an investigation into a narcotic drug offence under this Law or under a corresponding foreign law.

Under section 29, the Attorney-General has further powers for the purposes of any investigation into proceedings relating to a narcotic drug offence suspected to have been committed under this Law or under any corresponding foreign law, or for purposes of Part III of this Law, to require, by written notice, any person whom the Attorney-General has reason to believe has information that would assist in any such investigation, to furnish him in writing a sworn statement, identifying his properties both inside and outside Ghana, identifying properties sent outside the country by him within a specified period, the estimated value and whether the property is held by some other person on his behalf and setting out all his sources of income, earnings or assents.  Under section 30 the Attorney-General also has power in like manner to request any public officer to furnish any document in his possession.

Under sections 31 to 34, where the Attorney-General intends to make an application against any person to show cause why certain specified properties should not be forfeited, or where he intends to institute court proceedings against any person for a narcotic drug related offence or where proceedings have already been instituted and pending, he may by order require any person named in the order to disclose the whereabouts of all properties held by him, prevent him from dealing, expending or disposing of any property the subject matter of the proceedings, not to remove the properties or not to leave Ghana without prior written approval of the Attorney-General.  This order may extend to any person holding property for or on behalf of the person named in the order and the order may require such latter person to also make such disclosure and prohibit such latter person from disposing of any specified property without the written approval of the Attorney-General.

Under subsection (7) of section 31, failure to comply constitutes an offence.   The method of seizure of movable and immovable property suspected to be illegal for the purposes of this law is dealt with under sections 35 and 36.

Under section 37, all unauthorised dealings with regard to seized property after the seizure are void.

Sections 39 and 40 provide for the release of property seized under the Law where there is no prosecution or further action in respect of the property and no claim within a specified period from the date of the seizure.

PART V

This Part deals with vesting of properties forfeited under the Law in the State.

PART VI

Section 42 deals with co-operation and assistance to foreign authorities who request for assistance in relation to drug related offences in the foreign country and enjoins the Ghanaian authorities to render assistance.

Section 44 indicates how the Ghanaian authority should assist with service of processes or documents from abroad.

Section 45 deals with transmission of copies of statements or records or results of investigations in Ghana to the requesting foreign authority.

Section 46 makes it clear that the Ghanaian authority may authorise any police officer to examine any person specified in a request from a foreign authority in respect of a drug related offence.

Under section 47, the examination of a person suspected of a drug related offence and specified by a foreign authority as being so suspected may, on an application by the Attorney-General or the Ghanaian authority to a magistrate or District Tribunal, be ordered by the magistrate or the Chairman of the District Tribunal who shall carry out the examination.

Section 48 allows the Ghanaian authority to authorise search of any person specified by a foreign authority in a request and a police officer so authorised shall search the premises and may under section 49 seize any property requested by the foreign authority as being property liable for forfeiture under the law of the foreign country or that the property is required as evidence in a drug related offence.  The section sets out the modalities for transmission of any property seized and the return of the property where it is found not to be illegal property.

Under section 50, on a request from a foreign authority the Ghanaian authority may intercept communications for the purpose of rendering assistance to the foreign authority in relation to any drug related matter.

Section 52 deals with the transfer of a person in prison in Ghana to a foreign country at the deals with the transfer of a person in prison in Ghana to a foreign country at the request of a foreign authority as a witness in a prosecution in that country.  Any such transfer must be authorised by the Secretary and section 53 deals with arrangements that may be entered into between the foreign authority and the Government of Ghana with regard to payment.

PART VII

Section 55 sets up a Narcotics Control Board under the control and supervision of the Ministry of the Interior.

Section 56 deals with punishment for attempt and conspiracies for offences under the Law.

Section 57 deals with offences by bodies of persons.  Under section 59 the powers of the police are clearly indicated to be in addition to their powers under any other law.

Section 60 imposes a penalty not exceeding ¢500,000.00 or imprisonment for a term not exceeding three years or both for any offence under the Law for which no specific penalty has been imposed and provides in subsection (2) for analyst reports.

Section 61 deals with the powers of the Secretary to make regulations and sections 62 and 63 deal with interpretation and repeals respectively.

amended by

CONTRACTS ACT, 1960 (ACT 25)1