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PUBLIC ORDER (PROHIBITION OF ARMS AND AMMUNITION) INSTRUMENT, 1997, (EI 25).

 

IN exercise of the powers conferred on the Minister responsible for the Interior under subsection (1) of section 5 of the Public Order Act 1994 (Act 491) this Instrument is made this 30th day of October, 1997.

Order 1—Prohibition of Possession of Arms.

(1) No person shall manufacture, possess or carry any arms or ammunition within the areas specified in the Schedule to this Instrument.

(2) Sub-paragraph (1) of this paragraph does not apply to—

(a) a member of the Armed Forces;

(b) a member of the Police Force;

(c) a member of the Prisons Service;

(d) a member of the Customs, Excise and Preventive Service; or

(e) any other person duly authorised in writing by the Minister for the Interior to undertake any specific assignment.

Order 2—Deposit of Arms and Ammunition with the Police.

(1) A person who on the coming into force of this Instrument is in possession of any arms or ammunition or has arms or ammunition under his control within the area in the Schedule shall deposit the arms or ammunition with the police officer in charge of the nearest police station.

(2) The police officer-in-charge of a police station where any arms or ammunition are deposited shall register, label and store properly the arms and ammunition deposited and he shall be personally held liable for any loss of or damage to any such arms or ammunition.

(3) Any arms and ammunition deposited at any police station shall be returned to the person entitled to it on the Instrument being revoked or ceasing to have effect where there is authority to hold the arms or ammunition.

Order 3—Power of Arrest without Warrant.

A police officer may arrest without warrant any person whom he suspects on reasonable grounds of possessing or carrying arms or ammunition in contravention of this Instrument.

Order 4—Power of Search.

(1) A Chairman of a Community Tribunal may issue a warrant authorising any police officer to enter and search any building or premises in which any arms or ammunition are suspected to be held in contravention of this Instrument.

(2) A warrant issued under sub-paragraph (1) of this paragraph shall be valid notwithstanding that the building or premises are not specified further in the warrant other than being buildings or premises in or about the specified town or village.

Order 5—Offences and Penalties.

Any person who—

(a) manufactures, possesses or carries any arms or ammunition contrary to paragraph 1(1); or

(b) fails to deposit arms or ammunition contrary to paragraph 2;

commits an offence and is liable on summary conviction to a fine not exceeding ¢2 million or imprisonment for a term not exceeding 12 months or to both.

Order 6—Interpretation.

In this Instrument unless the context otherwise requires—

“ammunition” includes explosives, all munitions of war and all materials for loading firearms;

“arms” includes fire-arms and offensive weapons of all descriptions, artillery, apparatus for the discharge of any kind of projectiles, explosives or gas-diffusing flame-throwers, bombs, grenades, machine-guns and rifles small-bore breech-loading weapons of any kind and includes parts of any of the materials already mentioned;

“fire-arms” includes any gun, rifle, machine-gun, flint-lock gun or pistol, revolver, cannon or other firearms, and any air gun, air rifle or air-pistol whether whole or in detached pieces; and

“offensive weapon” means an article made or adapted for causing injury to a person or intended by the person having it with him for such use by him.

SCHEDULE

Name of Place                                   District                              Region

Nkwanta                                            Nkwanta                               Volta

Kete Krachi                                      Kete Krachi                          Volta

NII OKAIJA ADAMAFIO

Minister for the Interior

Date of Gazette Notification: 31st October, 1997.

 

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