Where Have All The Military Uniform Codes Gone. It Undermines Ghana Armed Forces

0
Mahama's Military Uniform
Mahama's Military Uniform

Officially there is Ghanaian statutory law that prohibits civilians and foreign nationals from wearing military apparel such as camouflage clothing, or clothing which resembles military dress.

There are a number of those not having required knowledge about military accoutrements that believe, the president can wear the Military Uniform, however it’s absolutely fraudulent and misapplication to the Law, without exception.

The President is a civilian. Ghana operates under a unitary presidential republic system where the president is both the head of state and head of government.

The current president, as we all know, Mr. John Dramani Mahama, is a civilian, elected through a democratic process, not a military leader. He is not even privileged to wear to the Military Uniform not alone, entitled.

The audacious inclination to arrogate to himself, the use of the Military Uniform and insignia is an outrageous act and with impunity.

It takes hard training, dedication, courage and commitment for be an Officer in the Military. And furthermore, his receiving of the parchment, that indicates the authority vested.

Successful candidates undergo a comprehensive training program, lasting 15-24 months for Regular Commission and to 6-8 months for Short Service Commission, leading to their commissioning as officers in the Ghana Armed Forces.

The climaxing point of the cadet, is upon successful completion of the Regular Commission Course, when the officer cadets are commissioned as Second Lieutenants or equivalent ranks of their Arm of Service in the Ghana Armed Forces, bearing in mind with a minimum service commitment of around 10-15 years.

The attestation is simply unambiguous as every served or serving officer is acquainted with.

So, “The Military” is ‘No go to him’, the president is a civilian.

As a country, we must remember that a political system could undergo a transmorphic change, and so, must be wary of undergoing a complete transformation in its structure and operation.

Civilians don’t wear military uniforms, unless they are acting, and he John Mahama being the president is not acting.

May I ask, could the President, as C-in-C, design and wear a military uniform? If so, what would be the rank insignia?

There’s a misconception

out there, this is frequently misunderstood. “Commander-in-Chief of the Armed Forces” is a position, not a rank, and though they are in the military chain of command, the President is a civilian, so also are the Minister of Defense and the deputies.

Having said that, there’s nothing actually that stops the President or ministers from wearing a uniform.

The caveat however, the person should have served having with shoulder epaulette or insignia.

A peek at the American presidents that served in the military before seeking elected office.
Though I have not read much U.S. history, I know of a few that transitioned from the military to civilian office as presidents.

a. George Washington (American Revolutionary War-Commanding General) was the first President of the United States. He never wore his military uniform in office.

b. Jackson (General, The American – British War of 1812) went on to become President of the United States. He wore the civilian dress of the day while in that capacity.

c. Ulysses S. Grant (Union Army – American Civil War) went on to become President of the United States. He wore the civilian dress of the day while he was Commander In Chief.

d. Theodore (Teddy) Roosevelt (Spanish American War – Rough Riders and San Juan Hill) never wore his uniform as President of the United States.

e. Dwight D. Eisenhower, World War II, (Supreme Allied Commander, Europe), never wore his uniform as President of the United States.

f. John F. Kennedy, (U.S. Naval Officer, World War II hero of PT-109), never wore his uniform as President of the United States.

g. Jimmy Carter, (United States Naval Submarine Commander), never wore his uniform as Commander In Chief. Are you following the drift? Want to believe readers are beginning to see the common thread weaving through this article?

The president, no matter who it is, is Commander-in-Chief, but remains a civilian and not a military member.

Ghana has civilian control of the military. I suppose there’s nothing to stop a president from wearing a uniform, but he or she is not a military member so it would be pretty meaningless, not to mention the lack of judgement.

Could the President of the Ghana wear a military uniform, and what would his rank insignia be? Well

He “Can” of course put one on. Physically!

But the reality is President does not have a rank, and is not, in fact a member of the Armed Forces and is not legally entitled to wear a uniform or any badge of rank. He is not subject to the Military Code of Discipline.

He’s not an officer, he would have to be confirmed by the Parliament if he was.
He is a civilian with the job of Commander in Chief. He is not in the military, he just tells military what to do.

Most people are incognizant of the Law that states that: unauthorized wearing of uniform; rank insignia; violation; in classification is a breach.

No law dictates what clothing a president wears. However, as the president is a civilian, wearing a military uniform would be improper or even unlawful if he or she never served.
Persons entitled are veterans, those who are honorably discharged – the veteran, who benefits and is authorized to wear the uniform as it was on the day of discharge or the current version, for appropriate events, such as a Veterans’ Day ceremony. But I know of no president who ever did such a thing while in office.

Then, why is it that, Mr. John Dramani Mahama, the president, portraying attributes of nature and the peculiarity of personality, and a virtue like that?

Not only is he NOT required to wear a uniform, he is not entitled to.

Presidents serve in civilian status, any, must be retired or discharged as was the case of Jerry John Rawlings.

Let me remind everyone the is notion out that, the issue which is frequently misunderstood. I want to repeat “Commander in Chief of the Armed Forces” is a position, not a rank, and though they are in the military chain of command, the President is a civilian, as are the Minister of Defense and his deputies.

The president, no matter who it is, is Commander-in-Chief, but remains a civilian and not a military member.

The governance in Ghana, have civilian control of the military due to the practicing of democracy.

I believed to be the case, but not necessarily so, there’s nothing to stop a president from wearing a uniform but, definitely he or she is not a military member, so it would be pretty having no meaning or significance, not to mention unintelligible to act in such a manner or case.

To drum home – I repeat and to those having little knowledge of the Military – the president is a civilian and civilians don’t wear military uniforms, unless they are acting, and Mr. Mahama, the president is not acting.

While the president could probably wear whatever he or she wants, a good example was Jerry John Rawlings, the president declared mentor.

When elected in November 1992, he did retire and resigned from the Ghana Armed Forces and Ghana Air Force earlier, 12 July 1992 to be precise. When he took office in January 1992, he resigned from the Air Force.

Rawlings, a Commissioned Officer never betrayed his knowledge of what was expected of him.

The Ghanaian presidency is a CIVILIAN office (as I have explained early concerning the chain-of-command). Flight Lieutenant Rawlings understood this and acted accordingly.
One might ask if Mahama is not deserving to the Military Uniform, why is he the Commander-in-Chief?

The President is a civilian but in a democracy, the military is prepared to obey others, unquestioningly or subordinate to the civilian government. That is a fundamental aspect of the Ghana system of government.

Based on the foregoing the President who held military position have to resign from the military before running for office, as in case of Flight Lieutenant Jerry John Rawlings.
What medals, tabs and ribbons would a sitting President be entitled to wear?

In Ghana, after you serve in the military and migrate to civilian government service as the President and Commander In Chief – you do not wear the military uniform any more. That part of your life is in your rear view mirror.

If you become Commander In Chief and were never in the military – you do not wear a military uniform because it is unethical, “because there is no ceremonial military uniform for the President of Ghana”.

“Restriction On Use Of Military Uniforms And Equipment Act – GhanaLegal – Legal Portal for Ghana” https://ghanalegal.com/laws_subdomain/acts/id/249/restriction-on-use-of-military-uniforms-and-equipment-
LAWS RESTRICTION ON USE OF MILITARY UNIFORMS AND EQUIPMENT ACT – 1967 (NLCD 177)

Section – 1 – Military Uniforms, Etc. Not To Be Worn By Civilians.
No person shall wear or use any military uniform, equipment, accoutrements or other material unless he is-

(a) a member of the Armed Forces of Ghana wearing or using the uniform, equipment, accoutrements or materiel which he is authorised to wear or use, or

(b) a member of any other Armed Forces and has the consent of the National Liberation Council, or is entitled by law or by diplomatic usage, to wear or use such uniform, equipment, accoutrements or materiel, or

(c) an ex-serviceman wearing or using such uniform, equipment, accoutrements or materiel on a ceremonial, anniversary or other special occasion approved by the National Liberation Council, or

(d) a person whom the National Liberation Council has by executive instrument authorised to wear or use such uniform, equipment, accoutrements or materiel.

Section – 2 – Unauthorised Persons Not To Sell Or Buy Military Uniforms, Etc.
No person shall sell or buy any military uniform, equipment, accoutrements or other material unless he is authorised in that behalf by the National Liberation Council.

Section – 3 – Licences Not To Be Issued For The Importation Of Military Uniforms, Etc.
Except as the National Liberation Council may in any particular case otherwise direct, no licence shall be issued under the Importers (Regulations and Imposition of Fees) Act, 1963 (Act 218) for the importation of any military uniform, equipment, accoutrements or other materiel.

Section – 4 – Offence.
(1) Any person who contravenes any provision of this Decree commits an offence and is liable on conviction to a fine not exceeding five hundred new cedis or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(2) No prosecution shall be instituted under this paragraph without the consent of the Attorney-General.

Section – 5 – Interpretation.

In this Decree-
(a) “Armed Forces” includes the Police and Prisons Services;

(b) “military” shall be construed as relating to all or any of the Armed Forces, the Police and Prisons Services; and

(c) “military uniform, equipment, accoutrements or other materiel” does not include accommodation stores and military vehicles but shall include every manner of secondhand military uniform, equipment, accoutrements or other materiel worn or used by the Armed Forces of Ghana or of any other country notwithstanding that such uniform, equipment, accoutrements or materiel has ceased to be worn or used by any such Armed Forces.

(a) a member of the Armed Forces of Ghana wearing or using the uniform, equipment, accoutrements or materiel which he is authorised to wear or use, or

(b) a member of any other Armed Forces and has the consent of the National Liberation Council, or is entitled by law or by diplomatic usage, to wear or use such uniform, equipment, accoutrements or materiel, or


(c) an ex-serviceman wearing or using such uniform, equipment, accoutrements or materiel on a ceremonial, anniversary or other special occasion approved by the National Liberation Council, or

(d) a person whom the National Liberation Council has by executive instrument authorised to wear or use such uniform, equipment, accoutrements or materiel.’

No person shall sell or buy any military uniform, equipment, accoutrements or other material unless he is authorised in that behalf by the National Liberation Council.

The Law haven’t been repealed. But amended – deletion and insertion of relevant portions
Thanks to Parliament of Ghana. There’s Ghanaian statutory law that officially prohibits civilians and foreign nationals from wearing military apparel such as camouflage clothing, or clothing which resembles military dress.

Act 746 of Ghana, formally known as the Restriction on Use of Military Uniforms and Equipment (Amendment) Act, 2008, amends the original Restriction on Use of Military Uniforms and Equipment Act. This act prohibits the unauthorized use of military uniforms and equipment, aiming to prevent impersonation and maintain the integrity of the military.
Here’s a more detailed look:

Purpose:
The primary goal of the act is to prevent individuals from fraudulently impersonating military personnel or utilizing military equipment for illegal purposes.

Scope:
The act covers a wide range of military attire, including uniforms, badges, and any equipment associated with the Ghana Armed Forces.

Penalties:
Violations of this act carry penalties, including fines and imprisonment, to deter unauthorized use and maintain the respect of the military

“The restriction on use of military uniforms and equipment (Amendment) Act, 2008 ( Act 746)” https://ir.parliament.gh/handle/123456789/2107

Though, the Criminal Offences Act, 1960 (Act 29) does not explicitly criminalize the unauthorized use of military uniforms. However, the unauthorized use of a military uniform could potentially violate other sections of the Act, such as impersonating a public officer or engaging in conduct that could be construed as a threat to public order. Additionally, the Armed Forces Act, 1962, may also apply to such actions.

Simplifying:
While the Act explanation does not have a specific section dedicated to the unauthorized use of military uniforms, certain actions involving a military uniform could fall under the Act’s wider scope and subject of the provisions. Instance been, if someone uses a military uniform to impersonate a public officer, they could be charged under sections related to impersonation.

From the aperture of my mind the president actions could be classified as been tantamount to impersonating, reason being that he is not, what’s been portrayed.

Moreover, the use of a military uniform could, also, be speculate as an act to intimidate or threaten others.

I view this as a violation of public order, potentially leading to sections related to threats or breaches of the peace.

It is important to remember that the interpretation and application of these laws can vary depending on the specific circumstances of each case.

In jurisdictions where civilian presidents transmorphed into despot abounds. Usually beginning with propaganda and working through the party structures up the hierarchy.
Several historical and contemporary despots, like Adolf Hitler, Joseph Stalin, and Kim Jong-il, have ruled nations without a military background.

These figures gained power through various means, including political maneuvering, charismatic leadership, and leveraging existing social unrest, rather than relying on military force to seize or maintain power.

A few examples of Civilian Despots without Military Background including our own President Kwame Nkrumah.

Adolf Hitler (Nazi Germany): Hitler rose to power through political manipulation and propaganda, exploiting existing social unrest and utilizing a charismatic leadership style. While he eventually established a powerful military, his initial rise to power was not based on military strength.

Joseph Stalin (Soviet Union): Stalin’s rule was characterized by a tightly controlled political apparatus and a cult of personality, allowing him to maintain control over the Soviet Union despite a lack of direct military background.

Kim Jong-il (North Korea): Kim Jong-il inherited his position as dictator, but his rule was maintained through a combination of propaganda, cult of personality, and a tightly controlled political system, rather than solely on the strength of the military.

Benito Mussolini (Italy): Mussolini came to power through the support of a fascist party, which leveraged existing social unrest and used propaganda to gain power.

Kim Jong-un (North Korea): Similar to his father and grandfather, Kim Jong-un’s succession as dictator relied on the existing power structure and cult of personality, rather than on a military career.

Suharto (Indonesia): Suharto’s rise to power included a coup against the government of Sukarno, and his rule was maintained by a combination of authoritarian control and the use of secret police forces.

These examples illustrate how individuals with no military background can seize and maintain power through various political and social strategies, including propaganda, manipulation, control of political parties, and a cult of personality.

A person’s intent and the context in which they use the military uniform will be key factors in determining whether they have committed an offense under Act 29 or other relevant laws, according to the Armed Forces Act deserve our utmost attention.

Nothing should be taken to chance. No one knows whatever you think until it is brought to light.

The repetitive stating of the law is draw to the attention readers, the importance and import of the Law.

These examples illustrate how individuals with no military background can seize and maintain power through various political and social strategies, including propaganda, manipulation, control of political parties, and a cult of personality.

Accoutrements, or other material is prohibited by the National Liberation Council Decree (NLCD) 177 of 1967. This law, also known as the
Key Points of the Act:

Section 1:
Prohibits civilians from wearing or using military uniforms, equipment, accoutrements, or other material without authorization.

Exceptions:
Members of the GAF, other armed forces (with consent or entitlement), ex-servicemen on specific occasions (with permission), and individuals authorized by the National Liberation Council are allowed to wear or use military attire.

Section 2:
Prohibits unauthorized individuals from selling or buying military uniforms and equipment.
Consequences of Unauthorized Use:

The GAF has in recent times warned against the unauthorized use of military attire, citing the potential for impersonation and criminal activities, which can pose a serious threat to public safety.

The misuse of military attire can also undermine the authority and respect of the armed forces.

The “Restriction on Use of Military Uniforms and Equipment Act, 1967 (NLCD 177)” outlines the specific offences related to the unauthorized use of military uniforms and equipment in Ghana. It prohibits civilians from wearing or using military uniforms, equipment, or accoutrements, unless authorized. Offenders can face legal consequences, including arrest and prosecution.

Here’s a more detailed breakdown:

Unauthorised Use:
The Act prohibits anyone who is not a member of the Ghana Armed Forces from wearing or using military uniforms, equipment, or accoutrements, except in specific circumstances, such as:

Ex-servicemen at ceremonial occasions.
Members of other armed forces with the required consent or entitlement.
Individuals authorized by the National Liberation Council.

Sale or Purchase:
The Act also restricts the sale or purchase of military uniforms, equipment, or accoutrements, unless authorized.

Consequences:
Violation of the Act can lead to arrest and prosecution according to the ordinary criminal procedure of Ghana.

All Pre 4th Republic Laws
1st Republic Laws
2nd Republic Laws
3rd Republic Laws
NLCD
NRCD
SMCD
AFRCD
PNDC

As you get along the reminder is take note to the succeeding and repeat of the Law. So that at the end the article you are conversant with what really entails in the Law.

RESTRICTION ON USE OF MILITARY UNIFORMS AND EQUIPMENT ACT, 1967 (NLCD 177)
Table of Contents

Expanded View

Full Act Print Options

Section 1 – Military Uniforms, Etc. Not To Be Worn By Civilians
No person shall wear or use any military uniform, equipment, accoutrements or other material unless he is-

(a) a member of the Armed Forces of Ghana wearing or using the uniform, equipment, accoutrements or materiel which he is authorised to wear or use, or

(b) a member of any other Armed Forces and has the consent of the National Liberation Council, or is entitled by law or by diplomatic usage, to wear or use such uniform, equipment, accoutrements or materiel, or

(c) an ex-serviceman wearing or using such uniform, equipment, accoutrements or materiel on a ceremonial, anniversary or other special occasion approved by the National Liberation Council, or
(

d) a person whom the National Liberation Council has by executive instrument authorised to wear or use such uniform, equipment, accoutrements or materiel.

Section 2 – Unauthorised Persons Not To Sell Or Buy Military Uniforms, Etc
No person shall sell or buy any military uniform, equipment, accoutrements or other material unless he is authorised in that behalf by the National Liberation Council.

Section 3 – Licences Not To Be Issued For The Importation Of Military Uniforms, Etc
Except as the National Liberation Council may in any particular case otherwise direct, no licence shall be issued under the Importers (Regulations and Imposition of Fees) Act, 1963 (Act 218) for the importation of any military uniform, equipment, accoutrements or other materiel.

Section 4 – Offence

(1) Any person who contravenes any provision of this Decree commits an offence and is liable on conviction to a fine not exceeding five hundred new cedis or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

(2) No prosecution shall be instituted under this paragraph without the consent of the Attorney-General.

Section 5 – Interpretation

In this Decree-
(a) “Armed Forces” includes the Police and Prisons Services;

(b) “military” shall be construed as relating to all or any of the Armed Forces, the Police and Prisons Services; and

(c) “military uniform, equipment, accoutrements or other materiel” does not include accommodation stores and military vehicles but shall see include every manner of secondhand military uniform, equipment, accoutrements or other materiel worn or used by the Armed Forces of Ghana or of any other country notwithstanding that such uniform, equipment, accoutrements or materiel has ceased to be worn or used by any such Armed Forces.

“There’s no law against wearing military camouflage in Ghana – Toobu” https://citinewsroom.com/2023/03/theres-no-law-against-wearing-military-camouflage-in-ghana-toobu/

As we begin to draw the curtain down, it is expedient to expatiate on Toobu’s take:
“The Member of Parliament for Wa West, Peter Lanchene Toobu has clarified that there is no particular legal provision barring the wearing of military camouflage in Ghana”.

As ex-Police Superintendent, I expected him to get his facts right before the engagement granting of the interview/discussion with Citi FM Umaru Sanda.

After the interview/discussion a rejoinder to his assertion was rebutted. The discourse was March or April 2023.

The Law prohibiting the use of military accoutrements exist and had been existing since 2008.

RESTRICTION ON USE OF MILITARY UNIFORMS AND EQUIPMENT ACT, 1967 (NLCD 177). Act 746 of 2008 (amendment to (NLCD 177)

The President is a civilian. Definitely, he is prohibited from wearing the uniform.

The military is subordinate to the civilian government due to the governance system. That is a fundamental aspect of the hybrid American system of government.

The president, no matter who it is, is Commander-in-Chief, but remains a civilian and not a military member.

I have demonstrated by stating a couple of times, “The President’ does not have a rank, and is not in fact a member of the Armed Forces and is not legally entitled to wear a uniform or any badge of rank. He is a civilian with the job of Commander in Chief.

In concluding, the straight talk. Mr. John Dramani Mahama that, the attitude and posturing is highly unethical and have an adverse effect on on the military.

That, President is not in the military, he just tells the military what to do. The admonition – must not need to be tempted to exploit the ignorance of the citizenry to usurp power illegally.

To all and sundry, have tried to get along with readers reminding you to get an understanding of the Law on the “RESTRICTION ON USE OF MILITARY UNIFORMS AND EQUIPMENT ACT.

As former Regimental Sergeant Major. I’m very disheartened of the Military authority and especially, the Forces Sergeant Major, Service Sergeants Major, Formation Sergeants Major and Units RSMs, who as custodians and repository of Customs and Traditions are failing to uphold what was bequeath to them.

It is unethical not being able to remedy a corrupted mindset of the adventure of the C-in-C.
Please, get your thoughts on, and educate, yourselves on the Military Uniform Codes and Related Regulation that concerns the use Military epaulettes and insignia.

Every military personnel serving or served boulden duty to uphold the noble integrity and image of the military establishment.

Ex-WO1 Nana Akwah, Regimental Sergeant Major. Retired from Ghana Armed Forces and 29 years active duty, short of 10 (ten) days in the Ghana Army with the Medium Mortar Regiment, now 66 Artillery Regiment.

Send your news stories to newsghana101@gmail.com Follow News Ghana on Google News

LEAVE A REPLY

Please enter your comment!
Please enter your name here