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IN exercise of the powers
conferred on the Minister
responsible for the Interior by
section 4(1) of the Public Order
Act, 1994 (Act 491) this
Instrument is made this 22nd day
of March, 2002.
Section 1—Imposition of Curfew
A
person within the boundaries of
the area specified in the schedule
to this Instrument shall not be
out of doors between the hours
specified respectively in the
schedule except under the written
permission of the Minister or a
person authorized by the Minister.
Section 2—Exceptions
Paragraph 1 of this Instrument
does not apply to the following:
(a) a member of the Armed Forces;
(b) a member of the Ghana Police;
(c) a member of the Ghana Prisons
Service;
(d) a member of the Security and
Intelligence Service;
(e) a member of the Ghana
Immigration Service;
(f) a member of the Customs,
Excise and Preventive Service;
(g) any other person duly
authorized in writing by the
Minister to undertake any specific
task.
Section 3—Period of Curfew
The curfew imposed by this
Instrument shall be for a period
of seven days commencing 24th
March, 2002.
Section 4—Power of Arrest without
Warrant
A
member of any of the institutions
specified in paragraph 2 or a
person authorized by the Minister,
may arrest without warrant any
person who breaches the curfew
imposed by this Instrument.
Section 5—Suspension of Curfew
The Regional Minister for the
Northern Region may suspend the
operation of the curfew imposed by
this Instrument in the whole or
any part of the specified area and
may terminate the suspension of
the curfew and restore the curfew
as and when he thinks fit.
SCHEDULE
Area Curfew hours
Yendi
Township
and Environs 6pm-6a.m.
ALHAJI MALIK AL-HASSAN YAKUBU
Minister for the Interior
Date of Gazette Notification 28th
March, 2002.
EMERGENCY POWERS INSTRUMENT, 2002
(EI 28).
IN exercise of the powers
conferred on the President under
section 6 of the Emergency Powers
Act 1994 (Act 472), this
Instrument is made this 27th day
of March, 2002.
Section 1—Prohibition of
Possession of Arms.
(1) No person shall manufacture,
procure, possess or carry any arms
or ammunition within the area
under the state of emergency
declared under the State of
Emergency (Specified Areas)
Proclamation, 2002.
(2) Sub-paragraph (1) does not
apply to:
(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) a any person duly authorised
by the Task Force Commander in the
state of emergency area.
(3) Notwithstanding the provisions
of this paragraph a person shall
not be deemed to have contravened
sub-paragraph (1) if he satisfies
the Commander or an officer
authorised by the Commander that
he has lawful authority for the
possession or carrying of the arms
and it is not intended for use in
the conflict area.
Section 2—Deposit of Arms and
Ammunition with the Military or
Police.
Any person who is in possession of
arms or ammunition or has arms or
ammunition under his control
within the area of the state of
emergency shall deposit the arms
or ammunition with the officer in
charge of the nearest police
station or military post.
Section 3—Search without Warrant.
Subject to the Emergency Powers
Act 1994 (Act 472), any military
personnel or police officer may in
the emergency area search and
arrest without warrant any person
whom he suspects on reasonable
grounds to be in possession of or
carrying arms or ammunition
contrary to paragraph 1(1).
Section 4—Taking Possession of
Property.
(1) Any commissioned officer in
the emergency area may take
possession or control of any
vehicle or other property that he
considers necessary for the
purpose of any exercise directly
connected with military operations
in the emergency area.
(2) Vehicles or other property
taken possession or control of
under sub-paragraph (1) shall be
held only for such period as is
necessary for the operation
concerned.
Section 5—Imposition of Curfew.
(1) The Task Force Commander
responsible for operations in the
area under the state of emergency
may, where he considers it
necessary for execution of
operations in the emergency area,
impose a curfew in such parts of
the emergency area as he may
direct.
(2) Where a curfew is imposed in
any area under sub-paragraph (1),
the Task Force Commander shall by
widespread announcement indicate
the hours of the curfew and the
areas covered by the curfew.
(3) The following persons are
exempt from any curfew imposed
under this Instrument:
(a) members of the Armed Forces on
duty;
(b) members of the Police Force
and Fire Service on duty;
(c) doctors and nurses on duty;
and
(d) such other persons as the
Commander may direct.
(4) A curfew imposed under this
Instrument may be suspended or
revoked by the Commander.
Section 6—Prohibition of Public
Meetings and Procession.
Except with the prior approval of
the Commander no person shall hold
or participate in a public meeting
or procession in the area under
the state of emergency.
Section 7—Publiction on the
Conflict.
No person shall issue any report
or any publication on the conflict
in the area under the state of
emergency unless the report or
publication has been cleared with
the Commander or an officer
authorised by the Commander.
(2) No person shall make any radio
or television report on the
conflict in the area under the
state of emergency unless the
report has been cleared with the
Commander.
(3) The Commander or an officer
authorised by him may seize or
prevent the distribution or
publication in the emergency area
of any material written or in any
other form which
(a) has not been cleared with the
Commander; or
(b) the Commander considers is
likely to inflame or aggravate the
conflict situation in the area.
Section 8—Offences and Penalties.
Any person who
(a) manufactures, procures,
possesses or carries arms or
ammunition contrary to paragraph
1(1);
(b) fails to deposit arms or
ammunition contrary to paragraph
2;
(c) refuses to hand over any
vehicle or property contrary to
paragraph 4(1);
(d) acts contrary to a curfew
imposed under paragraph 5(1);
(e) holds or participates in any
public meeting or procession
contrary to paragraph 6; or
(f) makes any publication in the
conflict area contrary to
paragraph 7
of this Instrument commits an
offence and is liable on summary
conviction to imprisonment or not
less than three months and any
arms, ammunition or material the
subject matter of the offence
shall be forfeited to the State.
Section 9—Interpretation.
In this Instrument unless the
context otherwise requires
"ammunition" includes explosives,
all munition of war and all
materials for loading firearms;
"arms" includes firearms and
offensive weapons of all
descriptions, artillery, apparatus
for the discharge of any kind of
projects, explosives or bombs,
grenades, machine-guns and rifled
small-bore breech-loading weapons
of any kind, and includes parts of
any of the foregoing;
"Commander" means the Task Force
Commander assigned to the area
under the state of emergency;
"fire-arms" includes any gun,
rifle, machine-gun, cap-gun,
flint-lock gun or pistol,
revolver, pistol cannon or other
firearms and any air gun, air
rifle or air pistol whether whole
or in detached pieces;
"offensive weapon" means an
article made or adapted for
causing injury to a person or
inteded by the person having it
with him for such use by him.
JOHN AGYEKUM KUFUOR
President of the Republic of Ghana
Date of Gazette Notification: 27th
March, 2002. |
