Foreign Enlistment Act, 1961 Act 75

ACT 75
REPUBLIC OF GHANA
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.

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.

t 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.

ion 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;

out 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.

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.

he 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.