Defence Minister says it’s time to review Military Law

Amadu Kamil Sanah, GNA

Accra, Sept. 28, GNA –
Mr Dominic Nitiwul, the Minister of Defence, Friday, said Ghana needs to review
its legal regime regarding the Ghana Armed Forces (GAF) to synchronise it with
the relevant provisions of the 1992 Constitution and best modern practices.

The regime, which
regulated the military justice system in Ghana, he said, predated the
promulgation of the 1992 Constitution, but had not seen the necessary review
that would make the laws of GAF consistent with the relevant provisions of the

“Chapter Five (5) of
the Constitution, for example, is devoted to Fundamental Human Rights and
Freedoms of all persons, including those subject to the Code of Service
Discipline,” he noted.

Mr Nitiwul was
speaking at a ceremony to launch of the “Contemporary Approach to the Military
Law in Ghana”, a 570-paged-book, authored by Lieutenant Colonel Binditi Chitor,
an officer at the Legal Department of the Ghana GAF.

He, therefore,
commended author, saying, “The well- researched book also provides guidance in
the interpretation of some aspects of the military law, which need to be
properly understood and applied.

“Such writings provide
guidance for policy makers and researchers. I wish to assure all officers, men,
women and civilian employees of the Ghana Armed Forces that, I will support the
writing of books and the carrying out of research works that seek to provide
pragmatic and constructive solutions to any facet of our challenges”.

Mr Nitiwul noted that
the legal regime that regulated the GAF comprised of laws fragmented in Acts,
Regulations, Operations Manuals, and judicial decisions, among others, and
lauded the author for ‘engaging with those legal instruments in a manner that
was illuminating and instructive.’

The book identifies
and discusses some major challenges observed in the application of the Military
laws and prescribes some amendments and legislature interventions to align them
with the Constitution and other human rights compliance.

“It is not surprising
to me that the book has received the endorsement of leading academicians,
judges and senior military lawyers,” the Minister said.

“The book also seeks
to identify pitfalls in military law in Ghana law and proffer practical
solutions towards making the law robust and compliant with the constitution of

Mr Nitiwul also
commended the Military High Command for the initiatives in recent times to
review the Legal regime of GAF to make it amenable to contemporary times.

On the roles and
functions, he said, a Board was inaugurated on August 2, 2018, to review some
of the regulations and policies that were inconsistent with contemporary global
best practices.


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