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Thursday, March 28, 2024

What the law says: On formation and joining political militia groups

These members of the NDC Hawks have been declared wanted by the Ghana Police Service following their alleged involvement in the murder of an NDC activist at an NDC party meeting in Kumasi.

In the wake of criminal insurgency, disguised as political vigilantism but better known as political militia groups, there have been calls for laws to criminalize it.

But is there a need for a new law to outlaw the formation and joining of a criminal organization?

Here is what the law says in – Section 200A of the Criminal Offences Act, 1960 (Act 29), inserted by section 5 of the Criminal Offences (Amendment) Act, 2012 (Act 849).

“Organised criminal group”

(1)  A person who participates in an activity of an organised criminal group commits an offense and is liable on conviction to a maximum penalty of death and to a minimum penalty of not less than five years imprisonment.

(2)  An organised criminal group is a structured group acting in concert with the aim of committing a serious offense.

(3)  For the purposes of this Act—

 (a)  “Serious offense” means an offence for which the maximum penalty is death and the minimum penalty is imprisonment for a period of not less than five years; and

 (b)  “structured group” consists of two or more persons, that is not randomly formed, for the commission of an offence, and in which the members may or may not have defined roles, continuity of membership or which may or may not have a developed structure.”

The NPP militia groups, Kandahar in the Northern Region, Delta Force in the Ashanti Region and the Invisible Force in the Greater Accra, have taken turns to seize NHIS offices, public toilets, toll booths, beaten public officers and held the country hostage in search for jobs.

For the NDC, “The Hawks” are based in the Ashanti region, “The Dragons’” are based in the Brong Ahafo region and “The Lions” are based in the Eastern region.

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