Ghana 1992 Constitution (reviewed 1996)

CHAPTER 17. THE ARMED FORCES OF GHANA

210. ARMED FORCES OF GHANA

1. There shall be the Armed Forces of Ghana which shall consist of the Army, the Navy and the Air Force and such other services for which provision is made by Parliament.
2. No person shall raise an armed force except by or under the authority of an Act of Parliament.
3. The Armed Forces shall be equipped and maintained to perform their role of defence of Ghana as well as such other functions for the development of Ghana as the President may determine.

211. ARMED FORCES COUNCIL

There shall be established an Armed Forces Council which shall consist of-

1. a chairman who shall be appointed by the President acting in consultation with the Council of State;
2. the Ministers responsible for defence, foreign affairs and internal affairs;
3. the Chief of Defence Staff, the Service Chiefs and a senior Warrant Officer or its equivalent in the Armed Forces; and
4. two other persons appointed by the President acting in consultation with the Council of State.

212. APPOINTMENTS

1. The President shall, acting in consultation with the Council of State, appoint-
   1. the Chief of Defence Staff of the Armed Forces; and
   2. the Service Chiefs.
2. The President may, acting in accordance with the advice of the Armed Forces Council, appoint officers of the Armed Forces who shall be given such command as the Armed Forces Council shall determine.
3. The President shall, acting in accordance with the advice of the Armed Forces Council, grant commissions to officers of the Armed Forces.
4. Subject to clause (3) of this article, the power to appoint persons to hold or to act in an office in the Armed Forces shall vest in the President, acting in accordance with the advice of the Armed Forces Council.

213. THE CHIEF OF DEFENCE STAFF

The Chief of Defence Staff of the Armed Forces shall, subject to the provisions of this article, and to the control and direction of the Armed Forces Council on matters of policy, be responsible for the administration and the operational control and command of the Armed Forces.

214. FUNCTIONS OF ARMED FORCES COUNCIL

1. The Armed Forces Council shall advise the President on matters of policy relating to defence and strategy including the role of the Armed Forces, military budgeting and finance, administration and the promotion of officers above the rank of Lieutenant-Colonel or its equivalent.
2. The Armed Forces Council may, with the prior approval of the President, by constitutional instrument, make regulations for the performance of its functions under this Constitution or any other law, and for the effective and efficient administration of the Armed Forces.
3. Regulations made under clause (2) of this article shall include regulations in respect of-
   1. the control and administration of the services of the Armed Forces;
   2. the ranks of officers and men of each service, the members in each rank and the use of uniforms by the officers and men;
   3. the conditions of service including those relating to the enrolment, salaries, pensions, gratuities and other allowances of officers and men of each service and deductions from them;
   4. the authority and powers of command of officers and men of each service;
   5. the delegation to other persons of powers of commanding officers to try accused persons and the conditions subject to which delegations. may be made; and
   6. the establishment of research and development units in each service.

215. DELEGATION OF FUNCTIONS

The Armed Forces Council may, subject to such conditions as it may consider fit, delegate some of its functions under this Chapter by directions in writing to a committee or a member of the Council.