Is the Ghana Armed Forces above the laws of Ghana?

GhanaWeb Feature

The Ghana Armed Forces have over the past few years been in the news for the wrong reasons mostly due to brutalities meted at ordinary Ghanaians by its officers.

A case in point is the recent atrocities seen in Ashaiman when military personnel besieged the city with a helicopter and military vehicles and terrorised residents because of the alleged mob killing of a young soldier in the town.

But what do the laws of Ghana say about the rule of the military in the country’s governance process? Who is responsible for the maintenance of law and order in Ghana?

This GhanaWeb article seeks to shed more light on the rule of the military in Ghana.

What the Constitution says about the Ghana Armed Forces:

The 1992 Constitution of Ghana clearly states that the rule of the military is to defend the territorial integrity of Ghana mostly against external forces.

Article 210 of the Constitution states that: “1. There shall be the Armed Forces of Ghana which shall consist of the Army, the Navy and the Air Force and such other services for which provision is made by Parliament.

“2. No person shall raise an armed force except by or under the authority of an Act of Parliament.

“The Armed Forces shall be equipped and maintained to perform their role of defence of Ghana as well as such other functions for the development of Ghana as the President may determine.”

So, it is clear what the role of the military is; unless the chaos seen in Ashaiman is essential to the development of Ghana and President Nana Addo Dankwa Akufo-Addo sent them there.

Who is responsible for the maintenance of internal security

The Constitution also clearly states that the Ghana Police Service is responsible for the maintenance of law and order in the country.

Article 200 of the Constitution states that: “There shall be a Police Service of Ghana. No person or authority shall raise any police service except by or under the authority of an Act of Parliament. The Police Service shall be equipped and maintained to perform its traditional role of maintaining law and order”.

The Police Service Act 1970 (Act 350), which clearly defines the role of the police, states that “It shall be the duties of the Police Service to prevent and detect crime, to apprehend offenders and to maintain public order and safety of persons and properties”.

Article 202 also states that “The Inspector-General of Police (IGP) shall be head of the Police Service and shall, subject to the provisions of this article and to the control and direction of the Police Council, be responsible for the operational control and the administration of the Police Service”.

Statement by Ghana Armed Forces on Ashaiman brutalities:

The statement issued by the military on the brutalities in Ashaiman even made matters worse, and points out to the blatant disregard for the rule of law by the army, many law scholars including an Associate Professor at the School of Law at the University of Ghana, Prof. Kwadwo Appiagyei-Atua, have said.

The army from the statement it issued indicated that brutalities by its officers was a swoop “sanctioned by the military high command”.

Nowhere in the statement was it stated the current IGP, Dr George Akuffo Dampare, who is responsible for maintaining law and order and investigating crimes, was consulted before the swoop in Ashaiman.

Prof Appiagyei-Atua has stated that the action of the military is an affront to the 1992 Constitution of Ghana and it undermines the authority of the IGP.

He said that the action of the military was “unprofessional, barbaric, violative of the rights of the individuals caught in the swoop and the rights of the community as a whole”.

Soldiers conduct swoop in Ashaiman

Some soldiers invaded Ashaiman in the early hours of Tuesday, March 7, 2023, apparently in search of the murderers of their young colleague, Trooper Sherrif Imoro, who was allegedly lynched on Saturday, March 4, 2023.

Several videos of the incident captured by some residents went viral on social media.

In some of these videos, personnel hit and brutalised those outside their rooms.

The incident happened on the dawn of Tuesday, March 7, 2023, at Official Town in Ashaiman.

World Ashaiman day. ???? the pains would forever be in yur hearts. Rest well Imoro.AHUA MANDOS pic.twitter.com/GhkpxWcstQ

— StOneBwOy Ba MUGABE (@NanaMugabe1) March 7, 2023