(1) Without prejudice to any enactment any person being a member of the Armed Forces of Ghana-

(a) who incites or assists or procures any person to invade Ghana with armed force or unlawfully to subject any part of Ghana to attack by land, sea or air or assists in the preparation of any such invasion or attack;

(b) who prepares or endeavours in any manner to overthrow the Government or to usurp any powers of the Government; or

(c) who knows of the commission of any act under paragraph (a) or (b) of this subsection but does not forthwith report it to a member of the Provisional National Defence Council or to any serving police officer not below the rank of Sergeant or to a serving member of the Armed Forces of Ghana not below the rank of Sergeant in the Ghana Army or its equivalent in the Ghana Navy or Air Force,

shall be guilty of an offence.

(2) For the purposes of subsection (1) of this section a person who has retired from or deserted the Armed Forces of Ghana shall be deemed to be a member of the Armed Forces of Ghana.[As substituted by Special Military Tribunal (Amendment) Law, 1984 (PNDCL 77) s.1(a)]

(3) Notwithstanding any law to the contrary, a person shall be guilty of an offence who-

(a) being a member of the Armed Forces of Ghana-

(i) assaults or molests any person;

(ii) unlawfully arrests any person;

(iii) obstructs any public officer in the performance of his duties; or

(iv) smuggles anything into or outside Ghana in contravention of any enactment for the time being in force;

(b) directly or indirectly instigates, commands, counsels, procures, solicits or in any manner aids, facilitates, encourages or promotes, whether by his act or presence or otherwise, the assault, molestation or unlawful arrest of another person by a member of the Armed Forces of Ghana;

(c) does any act for the purpose of aiding, facilitating, encouraging or promoting the assault, molestation or unlawful arrest of another person by a member of the Armed Forces of Ghana;

(d) uses a member of the Armed Forces of Ghana for any unauthorised purpose or act;

(e) being a member of the Armed Forces of Ghana uses his position for any unauthorised purpose or act;

(f) not being a member of the Armed Forces of Ghana parades, whether in military uniform or not, as a member of the Armed Forces of Ghana; or

(g) smuggles anything into or outside Ghana in contravention of any enactment for the time being in force.[As substituted by Special Military Tribunal (Amendment) (No.2) Law, 1984 (PNDCL 100) s.1]

(4) For the purposes of paragraphs (a) (ii) and (b) of subsection (3) of this section a person shall be deemed to arrest another unlawfully if he does so without lawful authority or any reasonable excuse.;[As inserted by The Special Military (Amendment) Law, 1984 (PNDCL 77)]