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                                              <p class="MsoNormal">&nbsp;</p>
                                              <p class="MsoNormal" align="center">
                                              <span style="font-family: Arial; font-weight: 700">
                                              MOTOR VEHICLES (THIRD PARTY 
                                              INSURANCE) ACT, 1958 (NO. 42 OF 
                                              58)</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              As amended</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARRANGEMENT OF SECTIONS</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. Short title and commencement.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. Interpretation.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              3. Users of motor vehicles to be 
                                              insured against third party risks.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              4. Limitation of time for 
                                              proceedings.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              5. Exemptions.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              6. Requirements in respect of 
                                              policies.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              7. Requirements in respect of 
                                              securities.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              8. Certain conditions to policies 
                                              or securities to be of no effect.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              9. Avoidance of restrictions on 
                                              the scope of policies covering 
                                              third party risks.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              10. Duty of insurers to satisfy 
                                              judgments against persons insured 
                                              in respect of third party risks.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              11. Rights of third parties 
                                              against insurers.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              12. Duty to give information to 
                                              third parties.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              13. Certain settlements between 
                                              insurer and insured to be of no 
                                              effect.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              14. Bankruptcy, etc., of insured 
                                              persons not to affect certain 
                                              claims.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              15. Further rights of third 
                                              parties against insurers.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              16. Duty to surrender certificate 
                                              on cancellation of policy.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              17. Certificate to be produced.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              18. Duty of owner to give 
                                              information.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              19. Deposits.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              20. Offences.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              21. Application of Act to 
                                              securities.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              22. General penalty.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              23. Power to make regulations.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              24. Repeal.</span></p>
                                              <p class="MsoNormal" align="center">
                                              <b></p>
                                              <p class="MsoNormal" align="center">
                                              <span style="font-family: Arial; font-weight: 700">
                                              GHANA NO. 42 OF 1958 DATE OF 
                                              ASSENT</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Assented to in Her Majesty's Name 
                                              and on Her Majesty's behalf this 
                                              23rd day of December, 1958.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              LISTOWEL</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Governor-General.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              AN ACT to make provision for the 
                                              protection of third parties 
                                              against risks arising out of the 
                                              use of motor vehicles, and for 
                                              purposes incidental thereto.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Date of Commencement. [1st April, 
                                              1959.]</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              BE IT ENACTED by the Queen's Most 
                                              Excellent Majesty, by and with the 
                                              advice and consent of the National 
                                              Assembly of Ghana in this present 
                                              Parliament assembled, and by the 
                                              authority of the same as follows:&#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 1&#8212;Short Title and 
                                              Commencement.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              This Act may be cited as the Motor 
                                              Vehicles (Third Party Insurance) 
                                              Act, 1958 and shall come into 
                                              force on the first day of April, 
                                              1959.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 2&#8212;Interpretation.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) In this Act, unless the 
                                              context otherwise requires&#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;company&quot; includes any company 
                                              registered or required to be 
                                              registered under the provisions of 
                                              the Companies Ordinance, any 
                                              corporation incorporated by law 
                                              and any firm or partnership;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              No. 55 of 1952</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;driving licence&quot; means a licence 
                                              to drive a motor vehicle granted 
                                              under the provisions of the Road 
                                              Traffic Ordinance, 1952;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;highway&quot; includes any roadway or 
                                              place to which the public lawfully 
                                              have free access;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;insurer&quot; and &quot;approved insurer&quot; 
                                              mean a person or body of persons 
                                              carrying on an insurance business 
                                              approved by the Minister;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;local authority&quot; means a council 
                                              established under the provisions 
                                              of the Local Government Ordinance 
                                              or the Municipal Councils 
                                              Ordinance, 1953 or any Act 
                                              amending either of the said 
                                              Ordinances;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;Minister&quot; means the Minister 
                                              responsible for the Interior;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;passenger vehicle&quot; means a motor 
                                              vehicle used for carrying 
                                              passengers for hire or reward;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;policy&quot; and &quot;policy of insurance&quot; 
                                              means a policy of insurance in 
                                              respect of third party risks 
                                              arising out of the use of motor 
                                              vehicles, being a policy which 
                                              complies with the provisions of 
                                              this Act, and includes a covering 
                                              note issued in respect of any such 
                                              policy;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;security&quot; means such security in 
                                              respect of third party risks 
                                              arising out of the use of motor 
                                              vehicles as complies with the 
                                              provisions of this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              No. 55 of 1952.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) If any word or expression used 
                                              in this Act is defined in the Road 
                                              Traffic Ordinance, 1952, such word 
                                              or expression, unless the context 
                                              otherwise requires, shall have in 
                                              this Act the meaning assigned to 
                                              it in the said Ordinance.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (3) Any reference in this Act to 
                                              the expressions &quot;bankrupt&quot; or 
                                              &quot;bankruptcy&quot; in relation to a 
                                              person shall be construed as a 
                                              reference to any person who is 
                                              insolvent or has entered into a 
                                              composition or arrangement with 
                                              his creditors or who has been 
                                              adjudicated bankrupt under the 
                                              provisions of any enactment 
                                              relating to bankruptcy having 
                                              effect for the time being in 
                                              Ghana.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (4) Any reference in this Act to 
                                              the use of a motor vehicle shall 
                                              be construed as referring only to 
                                              the use thereof on any highway as 
                                              defined in this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 3&#8212;Users of Motor Vehicles 
                                              to be Insured Against Third Party 
                                              Risks.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &nbsp;(1) Subject to the provisions of 
                                              this Act no person shall use, or 
                                              cause or permit any other person 
                                              to use, a motor vehicle unless 
                                              there is in force in relation to 
                                              the user of that motor vehicle by 
                                              such person or such other person, 
                                              as the case may be, such a policy 
                                              of insurance or such security in 
                                              respect of third party risks as 
                                              complies with the provisions of 
                                              this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) Any person acting in 
                                              contravention of this section 
                                              shall be liable on conviction to a 
                                              fine not exceeding two hundred 
                                              pounds or to imprisonment for one 
                                              year or to both such fine and 
                                              imprisonment and a person 
                                              convicted of an offence under this 
                                              section shall be disqualified from 
                                              holding or obtaining a driving 
                                              licence.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (3) A disqualification under the 
                                              provisions of subsection (2), 
                                              unless the court for special 
                                              reasons to be recorded otherwise 
                                              orders, shall be for a minimum 
                                              period of twelve months from the 
                                              date of the conviction, and any 
                                              person so disqualified from 
                                              holding or obtaining a driving 
                                              licence under the provisions of 
                                              this section shall be deemed to be 
                                              so disqualified under the 
                                              provisions of the Road Traffic 
                                              Ordinance, 1952.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              No. 55 of 1952</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 4&#8212;Limitation of Time for 
                                              Proceedings.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Notwithstanding the provisions of 
                                              any written law which prescribes a 
                                              time within which proceedings may 
                                              be brought before a court, 
                                              proceedings in respect of an 
                                              offence under section 3 may be 
                                              instituted&#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) within a period of six months 
                                              from the date of the commission of 
                                              the alleged offence; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) within a period which exceeds 
                                              neither six months from the date 
                                              on which it came to the knowledge 
                                              of the prosecutor that the offence 
                                              had been committed, nor one year 
                                              from the date of the commission of 
                                              the offence,</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              whichever period is the longer.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 5&#8212;Exemptions.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              The provisions of section 3 shall 
                                              not apply&#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) to the user of a motor vehicle 
                                              owned by or exclusively employed 
                                              in the service of the Government 
                                              while such motor vehicle is being 
                                              used for the purposes of the 
                                              Government; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) to the user of a motor vehicle 
                                              other than a passenger vehicle 
                                              owned by a person who has 
                                              deposited and keeps deposited with 
                                              the Accountant-General the sum of 
                                              five thousand pounds in respect of 
                                              such motor vehicle at any time 
                                              when such motor vehicle is being 
                                              driven by the owner or by a 
                                              servant of the owner in the course 
                                              of his employment; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) to the user of a motor vehicle 
                                              at any time when it is driven for 
                                              police purposes by or under the 
                                              direction of a superior police 
                                              officer as defined in the Police 
                                              Force Ordinance; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Cap 37</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (d) to any person or class of 
                                              persons declared by the 
                                              Governor-General to be exempted 
                                              from the the provisions of this 
                                              Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (e) to any motor vehicle or type 
                                              of motor vehicle declared by the 
                                              Governor-General to be exempted 
                                              from the provisions of this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 6&#8212;Requirements in Respect 
                                              of Policies.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) A policy of insurance for the 
                                              purposes of this Act must be a 
                                              policy which &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) is issued by an insurer 
                                              approved by the Minister; and</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) insures such persons or 
                                              classes of person as may be 
                                              specified in the policy in respect 
                                              of any liability which may be 
                                              incurred by him or them in respect 
                                              of the death of or bodily injury 
                                              to any person caused by or arising 
                                              out of the use of a motor vehicle 
                                              covered by the policy:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Provided that such policy shall 
                                              not be required to cover&#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) liability in respect of the 
                                              death arising out of and in the 
                                              course of his employment of a 
                                              person in the employment of a 
                                              person insured by the policy or of 
                                              bodily injury sustained by such a 
                                              person arising out of and in the 
                                              course of his employment; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) save in the case of a 
                                              passenger vehicle or where persons 
                                              are carried by reason of or in 
                                              pursuance of a contract of 
                                              employment, liability in respect 
                                              of the death of or bodily injury 
                                              to persons being carried in or 
                                              upon or entering or getting on to 
                                              or alighting from a motor vehicle 
                                              at the time of the occurrence of 
                                              the event out of which the claims 
                                              arise; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) any contractual liability.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) Where any payment is made, 
                                              whether or not with an admission 
                                              of liability, by &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) an insurer under or in 
                                              consequence of a policy issued 
                                              under the provisions of this Act; 
                                              or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) the owner of a motor vehicle 
                                              in relation to the user of which a 
                                              security under section 7 is in 
                                              force; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) the owner of a motor vehicle 
                                              who has made a deposit under 
                                              section 5,</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              in respect of the death of or 
                                              bodily injury to any person 
                                              arising out of the use of a motor 
                                              vehicle and the person who has so 
                                              died or received bodily injury has 
                                              to the knowledge of the insurer or 
                                              such owner, as the case may be, 
                                              received treatment at a hospital, 
                                              whether as an in-patient or an 
                                              out-patient, in respect of the 
                                              injury so arising there shall be 
                                              also paid by the insurer or such 
                                              owner to such hospital the 
                                              expenses reasonably incurred by 
                                              such hospital in giving such 
                                              treatment after deducting any 
                                              money actually received by such 
                                              hospital in payment of a specific 
                                              charge for treatment:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Provided that the amount to be 
                                              paid by the approved insurer or 
                                              the owner shall not exceed fifty 
                                              pounds for each person so treated 
                                              as an in-patient and five pounds 
                                              for each person so treated as an 
                                              out-patient.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (3) [Repealed by Contracts Act, 
                                              1960 (Act 25), s.18]</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Certificate of Insurance.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (4) A policy shall be of no effect 
                                              for the purposes of this Act 
                                              unless and until there is issued 
                                              by the insurer to the person by 
                                              whom the policy is effected a 
                                              certificate, in this Act referred 
                                              to as a certificate of insurance, 
                                              in the prescribed form and 
                                              containing such particulars of any 
                                              conditions subject to which the 
                                              policy is issued and of such other 
                                              matters as may be prescribed.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 7&#8212;Requirements in Respect 
                                              of Securities.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) For the purposes of this Act a 
                                              security must &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) be given either by an insurer 
                                              approved by the Minister or by a 
                                              person, company or body of persons 
                                              approved by the Minister carrying 
                                              on the business of giving 
                                              securities of a like kind; and</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) consist of an undertaking by 
                                              the giver of the security to make 
                                              good, subject to any conditions 
                                              contained therein, any failure by 
                                              the owner of any passenger or 
                                              other motor vehicle or such other 
                                              persons or classes of person as 
                                              may be specified in the security 
                                              duly to discharge any such 
                                              liability as is required to be 
                                              covered by a policy of insurance 
                                              issued under the provisions of 
                                              this Act which may be incurred by 
                                              him or them, and such security 
                                              shall in the case of an 
                                              undertaking relating to the use of 
                                              a passenger vehicle be up to an 
                                              amount of not less than 
                                              twenty-five thousand pounds and in 
                                              other case of not less than five 
                                              thousand pounds.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) A security shall be of no 
                                              effect for the purposes of this 
                                              Act unless and until there is 
                                              issued by the person giving the 
                                              security to the person to whom it 
                                              is given a certificate, in this 
                                              Act referred to as a certificate 
                                              of security, in the prescribed 
                                              form and containing such 
                                              particulars of any conditions 
                                              subject to which the security is 
                                              issued and of such other matters 
                                              as may be prescribed.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 8&#8212;Certain Conditions in 
                                              Policies or Securities to be of no 
                                              Effect.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Any condition in a policy or 
                                              security issued or given for the 
                                              purposes of this Act providing 
                                              that no liability shall arise 
                                              under the policy or security, or 
                                              that any liability so arising 
                                              shall cease in the event of some 
                                              specified thing being done or 
                                              omitted to be done after the 
                                              happening of the event giving rise 
                                              to a claim under the policy or 
                                              security, shall be of no effect in 
                                              connection with such claims as are 
                                              set out in paragraph (b) of 
                                              subsection (1) of section 6:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Provided that nothing in this 
                                              section shall be so construed as 
                                              to render void any provision in a 
                                              policy or security requiring the 
                                              person insured or secured to repay 
                                              to the insurer or the giver of the 
                                              security any sums which the 
                                              insurer or the giver of the 
                                              security may have become liable to 
                                              pay under the policy or the 
                                              security and which have been 
                                              applied to the satisfaction of the 
                                              claims of third parties.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 9&#8212;Avoidance of 
                                              Restrictions on the Scope of 
                                              Policies Covering Third Party 
                                              Risks.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Where a certificate of insurance 
                                              has been delivered under the 
                                              provisions of subsection (4) of 
                                              section 6 to the person by whom a 
                                              policy has been effected so much 
                                              of the policy as purports to 
                                              restrict the insurance of the 
                                              person insured thereby in respect 
                                              of any of the following matters &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) the age or physical or mental 
                                              condition of persons driving the 
                                              motor vehicle; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) the condition of the motor 
                                              vehicle; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) the number of persons that the 
                                              motor vehicle carries; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (d) the weight or physical 
                                              characteristics of the goods that 
                                              the motor vehicle carries; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (e) the times at which or the 
                                              areas within which the motor 
                                              vehicle is used; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (f) the horsepower or value of the 
                                              motor vehicle; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (g) the carrying on the motor 
                                              vehicle of any particular 
                                              apparatus; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (h) the carrying on the motor 
                                              vehicle of any particular means of 
                                              identification other than any 
                                              means of identification required 
                                              to be carried under the provisions 
                                              of the Road Traffic Ordinance, 
                                              1952,</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              No. 55 of 1952</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              shall, in respect of such 
                                              liabilities as are required to be 
                                              covered by a policy under 
                                              paragraph (b) of subsection (1) of 
                                              section 6, be of no effect:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Provided that nothing in this 
                                              section shall require an insurer 
                                              to pay any sum in respect of the 
                                              liability of any person otherwise 
                                              than in or towards the discharge 
                                              of that liability and any sum paid 
                                              by an insurer in or towards the 
                                              discharge of the liability of any 
                                              person which is covered by the 
                                              policy by virtue only of this 
                                              section shall be recoverable by 
                                              the insurer from that person.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 10&#8212;Duty of Insurers to 
                                              Satisfy Judgments Against Persons 
                                              Insured in Respect of Third Party 
                                              Risks.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) If after a certificate of 
                                              insurance has been delivered under 
                                              the provisions of subsection (4) 
                                              of section 6 to the person by whom 
                                              a policy has been effected 
                                              judgment in respect of any such 
                                              liability as is required to be 
                                              covered by a policy issued under 
                                              the provisions of paragraph (b) of 
                                              subsection (1) of section 6, being 
                                              a liability covered by the terms 
                                              of the policy, is obtained against 
                                              any person insured by the policy 
                                              then, notwithstanding that the 
                                              insurer may be entitled to avoid 
                                              or cancel or may have avoided or 
                                              cancelled the policy, the insurer 
                                              shall, subject to the provisions 
                                              of this section, pay to the 
                                              persons entitled to the benefit of 
                                              such judgment any sum payable 
                                              thereunder in respect of the 
                                              liability including any sum 
                                              payable in respect of costs and 
                                              any sums payable by virtue of any 
                                              written law in respect of interest 
                                              on that sum or judgment.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) No sum shall be payable by an 
                                              insurer under the provisions of 
                                              subsection (1) &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) in respect of any judgment 
                                              unless before or within fourteen 
                                              days after the commencement of the 
                                              proceedings in which the judgment 
                                              was given the insurer had notice 
                                              of the bringing of the 
                                              proceedings; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) in respect of any judgment so 
                                              long as execution thereon is 
                                              stayed pending an appeal; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) in connection with any 
                                              liability if before the happening 
                                              of the event, which was the cause 
                                              of the death or bodily injury 
                                              giving rise to the liability, the 
                                              policy was cancelled by mutual 
                                              consent or by virtue of any 
                                              provision contained therein and 
                                              either &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">(i) 
                                              before the happening of such event 
                                              the certificate of insurance was 
                                              surrendered to the insurer, or the 
                                              person to whom the certificate of 
                                              insurance was delivered made a 
                                              statutory declaration stating that 
                                              the certificate of insurance had 
                                              been lost or destroyed and so 
                                              could not be surrendered; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (ii) after the happening of such 
                                              event but before the expiration of 
                                              fourteen days from the taking 
                                              effect of the cancellation of the 
                                              policy the certificate of 
                                              insurance was surrendered to the 
                                              insurer, or the person to whom the 
                                              certificate of insurance was 
                                              delivered made a statutory 
                                              declaration that the certificate 
                                              of insurance had been lost or 
                                              destroyed and so could not be 
                                              surrendered; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (iii) either before or after the 
                                              happening of the event or within a 
                                              period of fourteen days from the 
                                              taking effect of the cancellation 
                                              of the policy the insurer had 
                                              commenced&nbsp; proceedings under this 
                                              Act in respect of the failure to 
                                              surrender the certificate of 
                                              insurance. </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (3) No sum shall be payable by an 
                                              insurer under the provisions of 
                                              this section if in an action 
                                              commenced before or within three 
                                              months after the commencement of 
                                              the proceedings in which the 
                                              judgment was given he has obtained 
                                              a declaration that apart from any 
                                              provision contained in the policy, 
                                              he is entitled to avoid it on the 
                                              ground that it was obtained by the 
                                              non-disclosure of a material fact 
                                              or by a representation of fact 
                                              which was false in a material 
                                              particular or if he has avoided 
                                              the policy on the ground that he 
                                              was entitled to do so apart from 
                                              any provision contained in it:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Provided that an insurer who has 
                                              obtained such a declaration in an 
                                              action shall not thereby be 
                                              entitled to the benefit of the 
                                              provisions of this subsection in 
                                              respect of any judgment obtained 
                                              in any proceedings commenced 
                                              before the commencement of that 
                                              action unless before or within 
                                              seven days after the commencement 
                                              of that action he has given notice 
                                              thereof to the person who is 
                                              plaintiff in the action under the 
                                              policy specifying the 
                                              non-disclosure or false 
                                              representation on which he 
                                              proposes to rely and that he 
                                              intends to seek a declaration and 
                                              any person to whom notice of such 
                                              action is given may, if he 
                                              desires, be made a party thereto.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (4) If the amount which an insurer 
                                              under the provisions of this 
                                              section becomes liable to pay in 
                                              respect of the liability of a 
                                              person insured by a policy exceeds 
                                              the amount for which he would, 
                                              apart from the provisions of this 
                                              section, be liable to pay under 
                                              the policy in respect of that 
                                              liability he shall be entitled to 
                                              recover the excess from that 
                                              person.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (5) In this section&#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;liability covered by the terms of 
                                              the policy&quot; means a liability 
                                              which is covered by the policy or 
                                              which would be so covered were it 
                                              not that the insurer is entitled 
                                              to avoid or cancel or has avoided 
                                              or cancelled the policy; and</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              &quot;material&quot; means of such a nature 
                                              as to influence the judgment of a 
                                              prudent insurer in determining 
                                              whether he will accept the risk 
                                              and if so, at what premium and on 
                                              what conditions.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 11&#8212;Rights of Third Parties 
                                              against Insurers.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) Where under a policy issued 
                                              for the purposes of this Act a 
                                              person, hereinafter referred to as 
                                              the insured, is insured against 
                                              liabilities to third parties which 
                                              he may incur, then &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) in the event of the insured 
                                              becoming bankrupt or making a 
                                              composition or arrangement with 
                                              his creditors; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) in the event of the insured 
                                              being a company and a winding-up 
                                              order being made or a resolution 
                                              for the voluntary winding-up of 
                                              the company being passed in 
                                              respect of the company or a 
                                              receiver or manager of the 
                                              company's business or undertaking 
                                              being duly appointed or in the 
                                              event of possession being taken by 
                                              or on behalf of the holders of any 
                                              debentures secured by a floating 
                                              charge, or any property comprised 
                                              in or subject to the change,</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              if either before or after either 
                                              event any such liability is 
                                              incurred by the insured his rights 
                                              against the insurer under the 
                                              policy in respect of that 
                                              liability shall, notwithstanding 
                                              anything in any written law to the 
                                              contrary contained, be transferred 
                                              to and vest in the third party to 
                                              whom the liability was so 
                                              incurred. </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) Where under the provisions of 
                                              any law an order is made for the 
                                              administration in bankruptcy of 
                                              the estate of a deceased debtor 
                                              then if any debt, which may be 
                                              proved in bankruptcy, is owing by 
                                              the deceased in respect of a 
                                              liability against which he was 
                                              insured under a policy issued for 
                                              the purposes of this Act as being 
                                              a liability to a third party then 
                                              the rights of the deceased debtor 
                                              against the insurer under that 
                                              policy shall, notwithstanding 
                                              anything in any law to the 
                                              contrary contained, be transferred 
                                              to and vest in the person to whom 
                                              the debt is owing.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (3) Any condition in a policy 
                                              issued for the purposes of this 
                                              Act purporting directly or 
                                              indirectly to avoid the policy or 
                                              to alter the rights of the parties 
                                              thereunder upon the happening of 
                                              any of the events specified in 
                                              subsections (1) and (2) shall be 
                                              of no effect. </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (4) Upon a transfer of rights 
                                              under subsection (1) or subsection 
                                              (2) the insurer shall, subject to 
                                              the provisions of section 13, be 
                                              under the same liability to the 
                                              third party as he would have been 
                                              under to the insured save that &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) if the liability of the 
                                              insurer to the insured exceeds the 
                                              liability of the insured to the 
                                              third party nothing in this Act 
                                              shall affect the right of the 
                                              insured against the insurer in 
                                              respect of such excess; and</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) if the liability of the 
                                              insurer to the insured is less 
                                              than the liability of the insured 
                                              to the third party nothing in this 
                                              Act shall affect the rights of the 
                                              third party against the insured in 
                                              respect of the balance.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (5) The provisions of this section 
                                              and of sections 12 and 13 shall 
                                              not apply&#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) where a company is wound up 
                                              voluntarily merely for the 
                                              purposes of reconstruction or of 
                                              amalgamation with another company; 
                                              or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Cap 94.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) to any case to which the 
                                              provisions of section 26 of the 
                                              Workmen's Compensation Ordinance 
                                              applies.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (6) For the purposes of this 
                                              section and of sections 12 and 13 
                                              the expression &quot;liabilities to 
                                              third parties&quot; in relation to a 
                                              person insured under a policy of 
                                              insurance shall not include any 
                                              liability of that person in the 
                                              capacity of insurer under some 
                                              other policy of insurance.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 12&#8212;Duty to Give 
                                              Information to Third Parties.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) Any person against whom a 
                                              claim is made in respect of any 
                                              liability required to be covered 
                                              by a policy under the provisions 
                                              of this Act shall on demand by or 
                                              on behalf of the person making 
                                              such claim state whether or not he 
                                              was insured in respect of that 
                                              liability by any policy having 
                                              effect for the purposes of this 
                                              Act or would have been so insured 
                                              if the insurer had not cancelled 
                                              or avoided the policy and, if he 
                                              were or would have been so 
                                              insured, give such particulars 
                                              with regard to that policy as were 
                                              specified in the certificate of 
                                              insurance issued to him in respect 
                                              thereof.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) In the event of any person 
                                              becoming bankrupt or making a 
                                              composition or arrangement with 
                                              his creditors or in the event of 
                                              an order being made under the 
                                              provisions of any law relating to 
                                              bankruptcy in respect of the 
                                              estate of any person or in the 
                                              case of a winding-up order being 
                                              made or a resolution for a 
                                              voluntary winding-up being passed 
                                              with respect to any company or of 
                                              a receiver or manager of the 
                                              company's business or undertaking 
                                              being duly appointed or of 
                                              possession being taken, by or on 
                                              behalf of the holders of any 
                                              debentures secured by a floating 
                                              charge, of any property comprised 
                                              in or subject to the charge, it 
                                              shall be the duty of the bankrupt 
                                              debtor, personal representative of 
                                              the deceased debtor and, as the 
                                              case may be, of the official 
                                              assignee, trustee, liquidator, 
                                              receiver, manager or person in 
                                              possession of the property to give 
                                              at the request of any person 
                                              claiming in respect of a liability 
                                              to him such information as may 
                                              reasonably be required to 
                                              ascertain whether any rights have 
                                              been transferred to and vested in 
                                              him under the provisions of this 
                                              Act, and for the purpose of 
                                              enforcing such rights, and any 
                                              contract of insurance in so far as 
                                              it purports either directly or 
                                              indirectly to avoid the contract 
                                              or to alter the rights of the 
                                              parties thereunder upon the giving 
                                              of any such information or 
                                              otherwise to prohibit, prevent or 
                                              limit the giving of such 
                                              information shall be of no effect.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (3) If the information given to 
                                              any person in pursuance of the 
                                              provisions of subsection (2) 
                                              discloses reasonable grounds of 
                                              belief that rights have or may 
                                              have been transferred to him under 
                                              the provisions of this Act against 
                                              any particular insurer that 
                                              insurer shall be subject to the 
                                              same duty as is imposed by 
                                              subsection (2) on the persons 
                                              therein mentioned.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (4) The duty imposed by this 
                                              section to give information shall 
                                              include a duty to allow all 
                                              contracts of insurance, receipts 
                                              for premiums and other relevant 
                                              documents in the possession, power 
                                              or control of the persons on whom 
                                              the duty is so imposed to be 
                                              inspected and copies thereof to be 
                                              taken.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (5) Any person who, without 
                                              reasonable excuse, the onus of 
                                              proving which shall be upon him, 
                                              fails to comply with the 
                                              provisions of this section or who 
                                              wilfully or negligently makes any 
                                              false or misleading statement in 
                                              reply to a demand for information, 
                                              shall be guilty of an offence 
                                              against this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 13&#8212;Certain Settlements 
                                              Between Insurer and Insured to be 
                                              of No Effect.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Where a person who is insured 
                                              under a policy issued for the 
                                              purposes of this Act has become 
                                              bankrupt or where such insured 
                                              person being a company a 
                                              winding-up order has been made or 
                                              a resolution for a voluntary 
                                              winding-up has been passed with 
                                              respect to that company, no 
                                              agreement made between the insurer 
                                              and the insured after liability 
                                              has been incurred to a third party 
                                              and after the commencement of the 
                                              bankruptcy or the winding-up, as 
                                              the case may be, nor any waiver, 
                                              assignment or other disposition 
                                              made by or payment made to the 
                                              insured after such commencement 
                                              shall be effective to defeat or 
                                              affect the rights transferred to 
                                              or vested in the third party under 
                                              the provisions of this Act and 
                                              such rights shall be the same as 
                                              if no such agreement, waiver, 
                                              assignment, disposition or payment 
                                              had been made.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 14&#8212;Bankruptcy, Etc., of 
                                              Insured Persons not to Affect 
                                              Certain Claims.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Where under the provisions of this 
                                              Act a certificate of insurance has 
                                              been delivered to the person by 
                                              whom a policy has been effected 
                                              the happening in relation to any 
                                              person insured by the policy of 
                                              any of the events specified in 
                                              subsection (1) or subsection (2) 
                                              of section 11, notwithstanding 
                                              anything in this Act contained, 
                                              shall not affect any such 
                                              liability of that person as is 
                                              required to be covered by a policy 
                                              under the provisions of this Act, 
                                              and nothing in this section shall 
                                              affect any rights against the 
                                              insurer conferred under the 
                                              provisions of sections 11, 12 and 
                                              13 on the person to whom the 
                                              liability was incurred.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 15&#8212;Further Rights of Third 
                                              Parties Against Insurers.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) No settlement made by an 
                                              insurer in respect of any claim 
                                              which might be made by a third 
                                              party in respect of any liability 
                                              as is required to be covered by a 
                                              policy issued under the provisions 
                                              of this Act shall be valid unless 
                                              such third party is a party to 
                                              such settlement.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) A policy issued under the 
                                              provisions of this Act shall 
                                              remain in force and available for 
                                              third parties notwithstanding the 
                                              death of any person insured under 
                                              such policy as if such insured 
                                              person were still alive.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 16&#8212;Duty to Surrender 
                                              Certificate on Cancellation of 
                                              Policy.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Where a certificate of insurance 
                                              has been delivered under the 
                                              provisions of this Act to the 
                                              person by whom a policy has been 
                                              effected and the policy is 
                                              cancelled by mutual consent or by 
                                              virtue of any provision in the 
                                              policy, the person to whom such 
                                              certificate was delivered shall, 
                                              within seven days from the taking 
                                              effect of the cancellation of such 
                                              policy, surrender such certificate 
                                              to the insurer or if such 
                                              certificate has been lost or 
                                              destroyed make a statutory 
                                              declaration to that effect and any 
                                              person contravening the provisions 
                                              of this section shall be guilty of 
                                              an offence against this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 17&#8212;Certificate to be 
                                              Produced.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) Any person driving a motor 
                                              vehicle on a highway shall, on 
                                              being so required by a police 
                                              officer, give his name and address 
                                              and the name and address of the 
                                              owner of the motor vehicle and 
                                              shall produce his certificate of 
                                              insurance and any person 
                                              contravening the provisions of 
                                              this subsection shall be guilty of 
                                              an offence against this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) In any case where owing to the 
                                              presence of a motor vehicle on a 
                                              highway an accident occurs 
                                              involving bodily injury to any 
                                              person the driver of the motor 
                                              vehicle shall produce his 
                                              certificate of insurance to a 
                                              police officer or to any person 
                                              having reasonable grounds for 
                                              requiring its production and if 
                                              any such driver for any reason 
                                              fails so to produce his 
                                              certificate of insurance he shall 
                                              so soon as possible, and in any 
                                              case within twenty-four hours of 
                                              the occurrence, report the 
                                              accident and produce his 
                                              certificate of insurance to the 
                                              police station nearest to the 
                                              scene of the accident or to the 
                                              nearest administrative officer and 
                                              any person contravening the 
                                              provisions of this subsection 
                                              shall be guilty of an offence 
                                              against this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              No. 55 of 1952</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (3) The provisions of this section 
                                              shall be in addition to and not in 
                                              derogation of the provisions of 
                                              section 23 of the Road Traffic 
                                              Ordinance, 1952.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (4) In this section &quot;to produce a 
                                              certificate of insurance&quot; means to 
                                              produce for examination the 
                                              relevant certificate of insurance 
                                              or certificate of security or such 
                                              other evidence as may be 
                                              prescribed that the motor vehicle 
                                              was not being driven in 
                                              contravention of the provisions of 
                                              this Act</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (5) In this section &quot;police 
                                              officer&quot; includes a member of the 
                                              Ghana Police Force, a member of a 
                                              police force established and 
                                              maintained by a local authority, 
                                              and an administrative officer.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 18&#8212;Duty of Owner to Give 
                                              Information.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              An owner of a motor vehicle shall 
                                              give such information as may be 
                                              required by a police officer for 
                                              the purpose of determining whether 
                                              the motor vehicle was or was not 
                                              being driven in contravention of 
                                              the provisions of this Act on any 
                                              occasion on which the driver was 
                                              required to produce his 
                                              certificate and any owner failing 
                                              so to do shall be guilty of an 
                                              offence against this Act.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 19&#8212;Deposits.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Where a sum is deposited by any 
                                              person under the provisions of 
                                              section 5 or as a condition of 
                                              approval by the Minister under the 
                                              provisions of section 6 or section 
                                              7 neither that sum nor any part 
                                              thereof shall, so long as any 
                                              liability being a liability 
                                              required to be covered by a policy 
                                              of insurance under this Act which 
                                              has been incurred by such person 
                                              remains undischarged or otherwise 
                                              unprovided for, be applicable in 
                                              discharge of any other liabilities 
                                              incurred by such person.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 20&#8212;Offences.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) If any person for the purpose 
                                              of obtaining a certificate of 
                                              insurance or a certificate of 
                                              security under the provisions of 
                                              this Act makes any statement 
                                              either oral or written which is 
                                              false or misleading or withholds 
                                              any material information such 
                                              person shall, unless he proves to 
                                              the satisfaction of the Court that 
                                              he acted without any intent to 
                                              deceive, be guilty of an offence 
                                              against this Act and be liable, on 
                                              conviction, to a fine not 
                                              exceeding two hundred pounds or to 
                                              imprisonment for two years or to 
                                              both such fine and imprisonment.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) Any person who with intent to 
                                              deceive &#8212;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) forges, alters, defaces or 
                                              mutilates any certificate of 
                                              insurance or certificate of 
                                              security or any other certificate 
                                              or document issued under this Act; 
                                              or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) uses or allows to be used by 
                                              any other person any forged, 
                                              altered, defaced or mutilated 
                                              certificate of insurance or 
                                              certificate of security or any 
                                              other certificate or document 
                                              issued under this Act; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) lends to or borrows from any 
                                              other person a certificate of 
                                              insurance or a certificate of 
                                              security or any other certificate 
                                              or document issued under the 
                                              provisions of this Act; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (d) makes or has in his possession 
                                              any document so closely resembling 
                                              any certificate or document issued 
                                              under the provisions of this Act 
                                              as to be calculated to deceive; or</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (e)&nbsp; issues any certificate of 
                                              insurance or certificate of 
                                              security or other certificate or 
                                              document to be issued under the 
                                              provisions of this Act,</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              shall be guilty of an offence and 
                                              liable on conviction, to a fine 
                                              not exceeding two hundred pounds 
                                              or to imprisonment for two years 
                                              or to both such fine and 
                                              imprisonment.&nbsp; </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (3) If any police officer has 
                                              reasonable cause to believe that 
                                              any certificate of insurance or 
                                              certificate of security or any 
                                              other certificate or document 
                                              produced to him in pursuance of 
                                              the provisions of this Act by the 
                                              driver or owner of a motor vehicle 
                                              is a document in relation to which 
                                              an offence under this section has 
                                              been committed he may seize the 
                                              document and when any such 
                                              document is so seized the driver 
                                              and the owner of such motor 
                                              vehicle or either of them shall, 
                                              if neither of them has been 
                                              charged with an offence under the 
                                              provisions of this section, be 
                                              summoned before a magistrate to 
                                              account for the possession of or 
                                              the presence on the motor vehicle 
                                              of the said document and the 
                                              magistrate may make such order 
                                              respecting the disposal of the 
                                              document and award such costs as 
                                              he may deem just.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 21&#8212;Application of Act to 
                                              Securities.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (1) The provisions of this Act 
                                              shall apply in relation to 
                                              securities or to cash deposits and 
                                              any certificate or document issued 
                                              in respect thereof, issued or made 
                                              in accordance with the provisions 
                                              of this Act as such provisions 
                                              apply in relation to policies of 
                                              insurance and in relation to any 
                                              such security or cash deposit and 
                                              any certificate or document issued 
                                              in respect thereof and references 
                                              in this Act to being insured, to a 
                                              certificate of insurance, to an 
                                              insurer and to persons insured 
                                              shall be construed as references 
                                              to the having in force of the 
                                              security or of the cash deposit, 
                                              to the certificate of security or 
                                              other certificate or document 
                                              issued in respect of a cash 
                                              deposit, to the giver of the 
                                              security or the person making the 
                                              cash deposit and to the persons 
                                              whose liability is covered by the 
                                              security or the cash deposit.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (2) In this Act references to a 
                                              certificate of insurance in any 
                                              provisions relating to the 
                                              surrender or loss or destruction 
                                              of a certificate shall, in 
                                              relation to policies under which 
                                              more than one certificate is 
                                              issued be construed as references 
                                              to all or any of such certificates 
                                              and shall, where any copy of a 
                                              certificate has been issued, be 
                                              construed as including a reference 
                                              to such copy.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 22&#8212;General Penalty.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Any person who is guilty of an 
                                              offence against this Act for which 
                                              no special penalty is provided 
                                              shall, on conviction, be liable in 
                                              respect of a first conviction, to 
                                              a fine not exceeding fifty pounds 
                                              or six months imprisonment or to 
                                              both such fine and imprisonment 
                                              and in the case of a second or 
                                              subsequent conviction to a fine of 
                                              one hundred pounds or to 
                                              imprisonment for one year or to 
                                              both such fine and imprisonment.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 23&#8212;Power to make 
                                              Regulations.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              The Governor-General may make 
                                              regulations for prescribing 
                                              everything which may be prescribed 
                                              under the provisions of this Act 
                                              and generally for the purpose of 
                                              putting this Act into effect and 
                                              in particular but without 
                                              prejudice to the generality of the 
                                              foregoing provisions may make 
                                              regulations&#8212; </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) prescribing the forms to be 
                                              used for the purposes of this 
                                              Act;&nbsp; </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) declaring approved insurers;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) prescribing the requirements 
                                              in relation to securities either 
                                              generally or in particular case;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (d) as to application for and the 
                                              issue of certificates of insurance 
                                              and any other documents which may 
                                              be prescribed and as to the 
                                              keeping of records of documents 
                                              and the furnishing of particulars 
                                              thereof and the giving of 
                                              information with respect thereto;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (e) as to the issue of copies of 
                                              any certificates or documents 
                                              which are lost, mutilated or 
                                              destroyed</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (f)&nbsp; as to the custody, 
                                              production, cancellation and 
                                              surrender of any such certificates 
                                              or other documents; </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (g) for providing that any of the 
                                              provisions of this Act shall, in 
                                              relation to motor vehicles brought 
                                              into Ghana by persons making only 
                                              a temporary stay in Ghana, have 
                                              effect subject to such 
                                              modifications and adaptations as 
                                              may be prescribed;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (h) with respect to the payment of 
                                              deposits and the documents to be 
                                              issued in relation thereto and the 
                                              investments thereof and dealing 
                                              with the deposit of stocks or 
                                              other securities in lieu of money, 
                                              the payment of the interest or 
                                              dividends from time to time 
                                              accruing due on any securities in 
                                              which deposits may be for the time 
                                              invested and the withdrawal and 
                                              transfer of deposits;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">(i) 
                                              prescribing fees to be charged in 
                                              respect of anything done under the 
                                              provisions of this Act;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (j) prescribing penalties for the 
                                              breach of any regulations made 
                                              hereunder not exceeding a fine of 
                                              two hundred pounds or imprisonment 
                                              for two years or both such fine 
                                              and imprisonment.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 24&#8212;Repeal.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Cap. 229.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              The Motor Vehicles (Third Party 
                                              Insurance) Ordinance is hereby 
                                              repealed.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              This printed impression has been 
                                              carefully compared by me with the 
                                              Bill which has passed the National 
                                              Assembly, and found by me to be a 
                                              true and correctly printed copy of 
                                              the said Bill.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              K. B. AYENSU</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Clerk of the National Assembly.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              MOTOR VEHICLES (THIRD PARTY 
                                              INSURANCE) (ECOWAS BROWN CARD) 
                                              LAW, 1986 (PNDCL 141)</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARRANGEMENT OF SECTIONS</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. Articles to have Force of Law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. Act No.42 of 1958 Modified.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              SCHEDULE</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Schedule</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              WHEREAS a Protocol entitled 
                                              Protocol on the Establishment of 
                                              an Ecowas Brown Card Relating to 
                                              Motor Vehicle Third Party 
                                              Liability Insurance the fact of 
                                              which is set out in the Schedule 
                                              to this Law, and in this Law 
                                              referred to as &quot;the Cotonou 
                                              Protocol&quot; was signed on behalf of 
                                              the Government of Ghana in Cotonou 
                                              on the 29th day of May, 1982, and 
                                              ratified by the said Government on 
                                              the 2nd day of March, 1985;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              AND WHEREAS the Cotonou Protocol 
                                              provided for the establishment of 
                                              a common system for the settlement 
                                              of claims arising in international 
                                              motor vehicle traffic in the 
                                              Economic Community of West African 
                                              States, and for the harmonization 
                                              between the member State parties 
                                              to the Cotonou Protocol of the 
                                              laws and regulations governing 
                                              liability to third parties in 
                                              respect of motor vehicle 
                                              accidents;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              AND WHEREAS it is decided to give 
                                              effect to the Cotonou Protocol and 
                                              to provide, so far as necessary, 
                                              that its provisions shall have the 
                                              force of law in Ghana;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              NOW, THEREFORE IN PURSUANCE of the 
                                              Provisional National Defence 
                                              Council (Establishment) 
                                              Proclamation, 1981, this Law is 
                                              hereby made:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 1&#8212;Articles to have Force 
                                              of Law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Articles 1, 2, 3, 4, and 5 of the 
                                              Cotonou Protocol (relating to 
                                              Structure of the Ecowas Brown Card 
                                              Scheme, Participants in the 
                                              Scheme, Responsibility of 
                                              participants, the Ecowas Brown 
                                              Card and the National Bureau 
                                              respectively) shall have the force 
                                              of Law in Ghana.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 2&#8212;Act No.42 of 1958 
                                              Modified.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              The Motor Vehicles (Third Party 
                                              Insurance) Act, 1958 (No. 42 of 
                                              1958) shall be construed with such 
                                              modifications as may be necessary 
                                              to give full effect to the 
                                              provisions of this Law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              SCHEDULE</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PROTOCOL ON THE ESTABLISHMENT OF 
                                              AN ECOWAS BROWN CARD RELATING TO 
                                              MOTOR VEHICLE THIRD PARTY 
                                              LIABILITY INSURANCE</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Preamble</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              THE GOVERNMENT OF MEMBER STATES OF 
                                              THE ECONOMIC COMMUNITY OF WEST 
                                              AFRICAN STATES:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              NOTING the rapid increase in 
                                              international road traffic in 
                                              ECOWAS member States and the 
                                              problems raised by such traffic in 
                                              regard to motor vehicle liability 
                                              insurance;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              CONSCIOUS of the need to 
                                              guarantee, for road accident 
                                              victims, fair and prompt 
                                              compensation for damage they may 
                                              have sustained as a result of such 
                                              accidents;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ANXIOUS to facilitate, for their 
                                              nationals driving their vehicles 
                                              within the Member States, payment 
                                              of compensation due from them as a 
                                              result of accidents they may have 
                                              caused and to enable them comply 
                                              with their obligations under local 
                                              law or regulations on the subject;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              DESIROUS of encouraging the 
                                              development of trade and tourist 
                                              exchange between African counties;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              CONVINCED that the establishment 
                                              of a common system for the 
                                              settlement of claims arising in 
                                              international motor vehicle 
                                              traffic will lead gradually to a 
                                              desirable harmonisation between 
                                              the parties to the present 
                                              protocol of the laws and 
                                              regulations governing liability in 
                                              respect of motor vehicle 
                                              accidents;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              WISHING to offer their insurance 
                                              markets an opportunity and a means 
                                              to develop international links and 
                                              exchanges, which will inevitably 
                                              contribute to the extension of 
                                              these markets;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              AWARE of the satisfactory results 
                                              obtained by the international 
                                              insurance card scheme which has 
                                              been in force for many years in 
                                              Europe, and of the institution of 
                                              a similar scheme by the Arab 
                                              countries;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              DECIDE to establish, by this 
                                              Protocol, an ECOWAS BROWN CARD 
                                              covering motor vehicle liability 
                                              when the vehicle insured is 
                                              passing through the territories of 
                                              the parties to this Protocol such 
                                              cover providing at least the same 
                                              guarantees as those required by 
                                              the laws in force in territory of 
                                              each of the parties.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 1</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              STRUCTURE OF THE SCHEME</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. The Liability insurance scheme 
                                              established by this Protocol shall 
                                              have, as its legal, technical and 
                                              financial basis, the guarantees 
                                              which are afforded to motorists 
                                              proceeding to an ECOWAS Member 
                                              State by taking out an insurance 
                                              policy on the usual terms with an 
                                              insurer authorised to undertake 
                                              this type of business in the 
                                              country which is the point of 
                                              departure for the journey.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. The scheme shall be based 
                                              materially on an ECOWAS BROWN CARD 
                                              whose form, as well as the 
                                              guarantees it affords, are defined 
                                              in the provisions of Article 4 of 
                                              this Protocol.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              3. The ECOWAS BROWN CARD shall be 
                                              issued by a National Bureau 
                                              established by each party to this 
                                              Protocol in accordance with the 
                                              provisions of Article 5 of this 
                                              Protocol.&nbsp; The card shall be 
                                              issued to motorists through the 
                                              insurers with whom they have taken 
                                              out a liability insurance policy 
                                              valid when driving in their own 
                                              country.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              4. Each National Bureau shall 
                                              settle, on behalf of its member 
                                              insurers, claims arising from 
                                              accidents caused abroad by holders 
                                              of the cards it has issued, and 
                                              shall also handle claims arising 
                                              from accidents caused in its 
                                              country by holders of cards issued 
                                              by the National Bureaux of other 
                                              parties to this Protocol.&nbsp; It may 
                                              also take over the settlement of 
                                              claims under cover of a joint 
                                              deposit, the ECOWAS BROWN CARD 
                                              constituting proof of this 
                                              deposit.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              5. The legal, administrative and 
                                              financial operation of the scheme 
                                              established by this Protocol shall 
                                              be co-ordinated and supervised by 
                                              a council of Bureaux of which all 
                                              the National Bureaux of the 
                                              parties to this Protocol shall be 
                                              members in accordance with the 
                                              provisions of Article 6 of this 
                                              Protocol.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 2</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PARTICIPANTS IN THE SCHEME</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. Parties to this Protocol shall 
                                              participate in the Scheme as 
                                              principal participants.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. Insurers, irrespective of their 
                                              legal or financial structure, 
                                              which are authorised by the 
                                              competent&nbsp; authorities of their 
                                              countries of activity to undertake 
                                              insurance operations against 
                                              liability risks in respect of 
                                              motor vehicle accidents, shall 
                                              participate in the scheme as 
                                              subsidiary participants.&nbsp; The 
                                              participation of such insurers in 
                                              the present scheme shall be 
                                              subject to their membership in the 
                                              National Bureaux of their 
                                              countries of activity.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 3</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              RESPONSIBILITY OF THE PARTICIPANTS</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. The responsibilities of a party 
                                              to this Protocol shall be:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) To recognise the ECOWAS BROWN 
                                              CARD and to enact laws and 
                                              regulations for the establishment 
                                              of the card scheme, and 
                                              particularly for the creation of 
                                              its National Bureau;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) To ensure that its National 
                                              Bureau is established and 
                                              functions in accordance with the 
                                              provisions of this Agreement, and 
                                              that it joins the Council of 
                                              Bureaux and complies with the 
                                              decisions of the Council;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) To guarantee the solvency of 
                                              its National Bureau;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (d) To deposit at its National 
                                              Bank or a designated Commercial 
                                              Bank a letter of credit in the 
                                              amount equivalent to 174,000 UA to 
                                              guarantee the performance by its 
                                              National Bureau of the obligations 
                                              under Article 5.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (e) Drawing may be made under the 
                                              West African Clearing Account to 
                                              discharge any obligations under 
                                              this scheme.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. The responsibilities of a 
                                              subsidiary participant shall be:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) To issue to its policy holders 
                                              ECOWAS BROWN CARDS guaranteeing 
                                              such policy holders adequate cover 
                                              against the motor vehicle third 
                                              party risks they incur in the 
                                              countries which they visit;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) To undertake, by way of 
                                              reimbursement to the National 
                                              Bureau, payment of compensation 
                                              for damages and any accessory or 
                                              related expenses;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) To contribute to the operating 
                                              of the National Bureau and, 
                                              through the Bureau, to the 
                                              operating expenses of the Council 
                                              of Bureaux.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 4</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              THE ECOWAS BROWN CARD</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. An ECOWAS BROWN CARD is hereby 
                                              established.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. This card shall be of a 
                                              strictly uniform type to be 
                                              determined by decision of the 
                                              Council of Bureaux, which alone 
                                              may alter the format, 
                                              typographical layout, colour and 
                                              content of the card.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              3. The card shall include the 
                                              following particulars: the name 
                                              and address of the National Bureau 
                                              which has issued it, particulars 
                                              of&nbsp; the insurer insuring the motor 
                                              vehicles, the identity of the 
                                              policy holders, identification of 
                                              the vehicle, period of validity of 
                                              the card, its individual serial 
                                              number, a list of countries in 
                                              which it is valid, and the name 
                                              and address in each of those 
                                              countries, of the National Bureau 
                                              which the policy holder shall 
                                              notify in the event of an 
                                              accident. The card shall be signed 
                                              by the insurer and by the policy 
                                              holder.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              4. The guarantee provided by the 
                                              ECOWAS BROWN CARD shall cover the 
                                              liability incurred by the holder 
                                              of the card in accordance with the 
                                              laws of such member country which 
                                              he visits.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              5. Notwithstanding the terms of 
                                              the insurance policy under which 
                                              it is issued, the card shall 
                                              provide all the guarantees 
                                              required by the laws or 
                                              regulations governing compulsory 
                                              motor vehicle insurance in the 
                                              country in which the accident 
                                              occurred.&nbsp; Such guarantees shall 
                                              be subject to the conditions and 
                                              limitations contained in the 
                                              insurance policy, if the said 
                                              conditions and limitations are 
                                              permitted by the laws or 
                                              regulations of the party to&nbsp; this 
                                              Protocol in which the accident has 
                                              occurred.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              6. The ECOWAS BROWN CARD shall be 
                                              recognised as a valid certificate 
                                              of insurance in the territories of 
                                              the parties to this Protocol in 
                                              which the production of such a 
                                              certificate is required, either 
                                              within the national territory or 
                                              at its frontiers, as a condition 
                                              for the circulation of motor 
                                              vehicles.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              7. For a party in whose territory 
                                              insurance is not compulsory by 
                                              law, the guarantee provided by the 
                                              ECOWAS BROWN CARD shall correspond 
                                              to the third party liability on 
                                              the motorist in accordance with 
                                              the laws and regulations in force 
                                              in the country where the accident 
                                              occurred, as interpreted and 
                                              applied by the local judicial or 
                                              administrative authorities.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              8. During the period of its 
                                              validity, the ECOWAS BROWN CARD 
                                              should constitute proof of the 
                                              existence of an insurance policy. 
                                              It will be effective only in the 
                                              event that the original cover is 
                                              in force.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 5</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              THE NATIONAL BUREAUX</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. The status of each National 
                                              Bureau shall be defined by the 
                                              legal provisions in force, for 
                                              this category of establishment, in 
                                              the territory of a party to this 
                                              Protocol.&nbsp; Its method of operation 
                                              shall be determined by the legal 
                                              instrument by which it is created.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. In accordance with paragraph 2 
                                              of Article 2, each National Bureau 
                                              shall be composed of insurers 
                                              authorised by the local 
                                              supervisory authorities for 
                                              insurance against motor vehicle 
                                              liability risks. The insurer shall 
                                              apply for administration to the 
                                              National Bureau and shall provide 
                                              the Bureau with any guarantees it&nbsp; 
                                              may require.&nbsp; In a country where 
                                              one single State-owned insurance 
                                              company has the monopoly of all 
                                              insurance operations, the 
                                              Government of that party to this 
                                              Protocol may designate that 
                                              company to act as the National 
                                              Bureau of that country.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              3. The National Bureau shall be 
                                              financed by the contributions of 
                                              members. The amount and method of 
                                              payment of contributions shall be 
                                              determined at the time of 
                                              admission to membership.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              4. The members shall undertake to 
                                              place at the disposal of the 
                                              National Bureau as advances, at 
                                              its request, the sum necessary for 
                                              its operation.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              5. The dissolution of a National 
                                              Bureau shall be at the initiative 
                                              of the Government of the Party to 
                                              this Protocol which shall take the 
                                              necessary decision, stating the 
                                              conditions and modalities of the 
                                              dissolution. The notification of 
                                              this decision shall be made to the 
                                              Council of Bureau at least six 
                                              months before the dissolution. The 
                                              National Bureau shall act either 
                                              as an agency handling commitments 
                                              under ECOWAS BROWN CARDS issued by 
                                              other National Bureaux.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              A. The National Bureau, as an 
                                              issuing agency:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) shall arrange for the printing 
                                              of the cards and shall allot to 
                                              each of them a serial number in a 
                                              single series; it shall issue the 
                                              cards to insurers who are members 
                                              of the Bureau and who request 
                                              them. The said insurers shall keep 
                                              a record enabling them to identify 
                                              card-holders and the particulars 
                                              shown on their cards; the insurers 
                                              shall undertake not to issue cards 
                                              to persons other than their own 
                                              policy-holders who have taken out 
                                              a policy against motor vehicle 
                                              liability risks;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) shall give to each of the 
                                              National Bureau of other 
                                              signatories to this Protocol a 
                                              general mandate authorising them 
                                              to receive statements and claims 
                                              concerning accidents caused in the 
                                              territory of such other parties by 
                                              the holders of the cards it has 
                                              issued, to proceed with the 
                                              investigation of such accidents 
                                              and to pay compensation on 
                                              request, supported by the usual 
                                              documents of proof.&nbsp; It shall 
                                              reimburse the National Bureau 
                                              which has paid compensation as 
                                              follows:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">(i) 
                                              the total amount paid by way of 
                                              damages, expense, and 
                                              disbursements or, where the 
                                              settlement is made by amicable 
                                              agreement, the amount agreed in 
                                              the settlement including the 
                                              agreed expenses. Fines shall on no 
                                              account be reimbursed; </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (ii) the expenses actually 
                                              incurred in the investigation and 
                                              settlement of the claim;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (iii) a handling fee calculated as 
                                              a percentage of the amount of 
                                              damages and legal costs or 
                                              expenses agreed upon in a 
                                              settlement by amicable agreement. 
                                              This percentage shall be 
                                              determined in advance and for all 
                                              cases by the Council of Bureaux;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) shall make reimbursement as 
                                              calculated on the above-mentioned 
                                              basis, including the minimum 
                                              handling fee, even if the claim 
                                              has been settled without any 
                                              payment being made to an injured 
                                              third party.&nbsp; Reimbursement shall 
                                              be made to the requesting National 
                                              Bureau; in the currency of its 
                                              country and free of any exchange 
                                              of transfer charges;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (d) shall pay interest on the 
                                              amount involved at the rate of 8 
                                              per cent calculated from the date 
                                              the claim is made up to the day it 
                                              is paid, if after a period of 
                                              three months from the day the 
                                              request for reimbursement is made 
                                              the settlement has not been 
                                              received.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              B. The National Bureau, as a 
                                              handling agency:</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (a) shall, as soon as it is 
                                              informed of an accident caused in 
                                              a country which is a party to this 
                                              protocol by the holder of an 
                                              ECOWAS BROWN CARD issued by the 
                                              National Bureau of another Party 
                                              to this Protocol, act in the best 
                                              interest of the Bureau on 
                                              receiving a claim for damages, it 
                                              shall undertake necessary 
                                              verification concerning the 
                                              circumstances of the accident and, 
                                              on the basis of these 
                                              verifications, it shall advise the 
                                              issuing Bureau and take any 
                                              administrative or non-judicial 
                                              action which it deems necessary.&nbsp; 
                                              At the judicial level, the Bureau, 
                                              in its capacity as a handling 
                                              agency, shall be entitled to take 
                                              any steps to institute or contest 
                                              an action.&nbsp; In the case of claims 
                                              for damages below a certain amount 
                                              established by agreement with each 
                                              of the other issuing Bureaux the 
                                              Bureau may agree to a settlement 
                                              out of court.&nbsp; In the case of 
                                              claims for damages exceeding the 
                                              amount so established, the Bureau 
                                              shall obtain the prior consent of 
                                              the issuing Bureau before agreeing 
                                              to any settlement;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (b) shall not knowingly entrust or 
                                              relinquish the handling of a claim 
                                              to an insurer or to any person who 
                                              may have a financial interest in 
                                              the accident which has given rise 
                                              to the claim;</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              (c) shall be entitled, in a case 
                                              where the&nbsp; compensation payable is 
                                              in excess of 8,696 UA, to require 
                                              the issuing Bureau to instruct a 
                                              bank or other financial 
                                              establishment to place immediately 
                                              at its disposal, at its registered 
                                              office, a sum corresponding to the 
                                              estimated amount of the 
                                              compensation.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 6</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              THE COUNCIL OF BUREAU</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. The Council of Bureaux 
                                              (hereinafter referred to as &quot;the 
                                              Council&quot;) is hereby established.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. The Council shall consist of 
                                              one full fledged representative 
                                              and one alternate representative 
                                              selected from each National 
                                              Bureau. It shall appoint on 
                                              rotatory basis its Chairman and 
                                              Vice-chairman from among the 
                                              representatives in alphabetical 
                                              order and for a period of one 
                                              year. In the absence of both the 
                                              Chairman and Vice-chairman the 
                                              members present shall elect one 
                                              representative to preside over the 
                                              meeting.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              3. The Council shall hold its 
                                              first meeting not later than two 
                                              months after the entry into force 
                                              of this Protocol at the Executive 
                                              Secretariat of ECOWAS which shall 
                                              be the Temporary Headquarters of 
                                              the Council until such a time the 
                                              Council may decide on its 
                                              Headquarters.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              4. The Council shall meet at least 
                                              once a year at a place and on a 
                                              date which it shall determine.&nbsp; On 
                                              the initiative of its Chairman or 
                                              at the request of at least one 
                                              third of its members, a meeting of 
                                              the Council may be summoned by 
                                              invitation to members at least 30 
                                              days before such a meeting.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              5. The Council shall itself 
                                              establish the agenda for its 
                                              meetings, and only items included 
                                              in the agenda shall be discussed.&nbsp; 
                                              Items proposed in writing to the 
                                              Chairman by at least a quarter of 
                                              the members not less than ten days 
                                              before the meeting shall be 
                                              included in the agenda.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              6. Each member of the Council 
                                              shall have one vote.&nbsp; With the 
                                              exception of decisions under 
                                              paragraph 12 of Article 6, 
                                              decisions of the Council shall be 
                                              by a simple majority vote; 
                                              decisions shall require the 
                                              presence of the representatives of 
                                              at least half the members.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              7. The Council shall appoint the 
                                              Chairman who shall hold office for 
                                              one year and co-ordinate the 
                                              activities of the Council.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              8. The Council shall establish its 
                                              annual budget and shall fix the 
                                              annual contributions to be paid by 
                                              members which shall be an equal 
                                              amount as among the members.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              9. The Council shall have a 
                                              general function of orientation, 
                                              co-ordination and supervision over 
                                              the whole of the ECOWAS Insurance 
                                              Scheme established by this 
                                              Protocol.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              10. The Council shall determine 
                                              the form and content of the ECOWAS 
                                              BROWN CARD.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              11. The Council shall co-ordinate 
                                              the operation of the National 
                                              Bureaux for this purpose, it shall 
                                              prepare a standard inter-Bureaux 
                                              contract which shall be signed by 
                                              all Bureaux and which the council 
                                              alone shall be entitled to amend. 
                                              This contract shall in particular 
                                              determine the maximum amount for 
                                              the delegation of owners of 
                                              settlement by one National Bureau 
                                              to another, and the minimum 
                                              handling fee payable for each case 
                                              handled by them.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              12. Any dispute between two or 
                                              more National Bureaux as to the 
                                              interpretation on application of 
                                              this Protocol shall be referred to 
                                              Council.&nbsp; The Council shall decide 
                                              the dispute on absolute majority.&nbsp; 
                                              The decision pronounced shall be 
                                              final and binding on the parties 
                                              to the dispute. The decision shall 
                                              be notified to all the National 
                                              Bureaux and the Council shall see 
                                              to its execution.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              13. The Council shall on its own 
                                              initiative or on the initiative of 
                                              any Government Party to this 
                                              Protocol consider and, if it deems 
                                              it advisable, propose changes in 
                                              the laws or regulations of the 
                                              parties to this Protocol with a 
                                              view to improving the functioning 
                                              of the ECOWAS BROWN CARD scheme, 
                                              or to harmonising the systems of 
                                              compensation for damages 
                                              occasioned by road traffic 
                                              accidents, or to improving 
                                              accident prevention.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 7</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              WITHDRAWALS AND EXCLUSION</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. A Party to this Protocol may 
                                              withdraw from it any time after 
                                              the expiration of a period of one 
                                              year from the date on which this 
                                              Protocol has entered into force by 
                                              means of notification in writing 
                                              addressed to the Executive 
                                              Secretariat of ECOWAS.&nbsp; The 
                                              withdrawal shall take effect 
                                              twelve (12) months after the date 
                                              of receipt of the notification by 
                                              the Executive Secretariat, during 
                                              which period the withdrawing Party 
                                              shall remain liable for its 
                                              financial obligation under this 
                                              Protocol.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Any insurer member ceasing for any 
                                              reason to be a member of the 
                                              National Bureau shall remain bound 
                                              by the undertakings assumed by the 
                                              Bureau during the period of its 
                                              membership.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. If any Party is in breach of 
                                              its obligations under this 
                                              Protocol and such breach 
                                              substantially impairs the 
                                              operation of this Agreement the 
                                              Heads of States and Government may 
                                              by a resolution exclude such a 
                                              Party from this Protocol.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              3. The Council of Bureau shall 
                                              determine any settlement of 
                                              accounts with a withdrawing or 
                                              excluded Party. A withdrawing or 
                                              excluded Party shall not be 
                                              discharged from its obligations 
                                              until the extinction&nbsp; of all its 
                                              existing liabilities.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 8</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              REVISION AND AMENDMENT</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. Any Party to this Protocol may 
                                              submit proposals for amendment or 
                                              revision of this Protocol.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. Any such proposal shall be 
                                              submitted to the Executive 
                                              Secretariat of ECOWAS which shall 
                                              communicate them to other Member 
                                              States not later than thirty days 
                                              after receipt of such proposals. 
                                              &nbsp;Amendments or revisions shall be 
                                              considered by the Heads of State 
                                              and Government after Parties have 
                                              given one month's notice thereof.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ARTICLE 9</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              ENTRY INTO FORCE</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              1. The present Protocol shall 
                                              enter into force provisionally 
                                              upon signature by Heads of State 
                                              and Government of Member States 
                                              and definitely upon ratification 
                                              by at least seven (7) signatory 
                                              states in accordance with the 
                                              constitutional procedure 
                                              applicable to each Member State.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              2. This Protocol and all the 
                                              instruments of ratification shall 
                                              be deposited with the Executive 
                                              Secretariat which shall transmit 
                                              certified true copies of this 
                                              Protocol to all Member States 
                                              informing them of dates on which 
                                              the Instruments of Ratification 
                                              have been deposited. This Protocol 
                                              shall be registered with the 
                                              Organisation of African Unity, the 
                                              United Nations Organisation and 
                                              such Organisations as the Heads of 
                                              State and Government of ECOWAS 
                                              shall determine.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              May this 9th day of January, 1986.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              FLT.-LT. JERRY JOHN RAWLINGS</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Chairman of the Provisional 
                                              National Defence Council</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Date of Gazette Notification: 28th 
                                              February, 1986.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              NARCOTIC DRUGS (CONTROL, 
                                              ENFORCEMENT AND SANCTIONS) LAW, 
                                              1990 (PNDCL 236)</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              The purpose of this Law is to 
                                              bring under one enactment offences 
                                              relating to illicit dealing in 
                                              narcotic drugs and to further put 
                                              in place provisions that will 
                                              prevent illicit narcotic drug 
                                              dealers benefiting from their 
                                              crimes.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              In view of the rising incidence of 
                                              narcotic drug abuse in the country 
                                              and the threatening dimensions 
                                              that illicit narcotic drug dealing 
                                              has taken internationally, it has 
                                              become necessary to revise the 
                                              existing laws on narcotic drugs by 
                                              clearly spelling out the offences 
                                              and providing realistic and 
                                              deterring punishments in respect 
                                              of them.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Furthermore, Ghana as a signatory 
                                              to the United Nations Convention 
                                              on Narcotic Drugs and Psychotropic 
                                              Substances is obliged to enact 
                                              national laws to implement the 
                                              provisions of the Convention.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              To this end, provision is made in 
                                              this Law for the pursuit, seizure 
                                              and forfeiture of equipment used 
                                              in the commission of narcotic drug 
                                              offences and of properties and 
                                              proceeds acquired or derived from 
                                              narcotic drug offences or illicit 
                                              narcotic drug dealings.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              In furtherance of international 
                                              co-operation and mutual assistance 
                                              among member countries parties to 
                                              the Convention, provision is made 
                                              in this Law for assistance, on 
                                              request, to foreign countries to 
                                              enable them pursue and seize in 
                                              Ghana, through due process of law, 
                                              properties acquired or derived 
                                              from illicit narcotic drug 
                                              activities.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              The following are the essential 
                                              elements of the Law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PART I&#8212;Section 1-6</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under this Part, importation, 
                                              exportation, possession, 
                                              cultivation, manufacture, supply, 
                                              use and administration of any 
                                              narcotic drug without lawful 
                                              authority is prohibited.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 7 a court or 
                                              Tribunal that convicts any person 
                                              has discretion not to impose the 
                                              minimum sentence where the 
                                              circumstances of the case demand.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 8 (1) repeats the 
                                              provision in the current law where 
                                              if an accused person with two 
                                              previous convictions for specified 
                                              narcotic drug offences is again 
                                              convicted for such an offence he 
                                              shall be liable to imprisonment 
                                              for life.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Subsection (2) of section 8 
                                              enables District Magistrates and 
                                              District Tribunals to try offences 
                                              under Part I but since most of the 
                                              stipulated minimum sentences are 
                                              beyond their jurisdiction, 
                                              convicts must be sent to the 
                                              appropriate higher Courts or 
                                              Tribunals for sentence.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 9 (1) the meaning of 
                                              narcotic drugs is defined and 
                                              section 9(2) provides for 
                                              amendment of the Schedules by the 
                                              Secretary.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PART II</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              This Part deals with activities in 
                                              relation to properties which 
                                              constitute offences.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 10 makes any dealing 
                                              directly or indirectly in relation 
                                              to any property whether in Ghana 
                                              or outside Ghana with the 
                                              intention of managing, promoting, 
                                              establishing or carrying on any 
                                              activity which is an offence under 
                                              Part I an offence; and a person 
                                              with intention to assist or 
                                              facilitate such a crime also 
                                              commits an offence.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 11 makes possession of 
                                              property or proceeds from any 
                                              property known to have been 
                                              obtained from activities which 
                                              constitute a narcotic drug offence 
                                              in Ghana, an offence, wherever the 
                                              offence was committed.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 12 prohibits the 
                                              laundering of proceeds from 
                                              narcotic drug offences wherever 
                                              committed.&nbsp;&nbsp; Where any person is 
                                              convicted of a narcotic drug 
                                              offence under this Law, the 
                                              equipment or property, the subject 
                                              matter of the offence, shall be 
                                              forfeited to the State under 
                                              section 13 (1).&nbsp; However, section 
                                              13 (2) exempts carriers from 
                                              liability where the offence was 
                                              committed by someone other than 
                                              the owner of the carrier and it is 
                                              proved to the court that the use 
                                              of the carrier for the offence was 
                                              without the owner&#8217;s knowledge or 
                                              consent.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 14, once, there is 
                                              proof that a narcotic drug offence 
                                              has been committed, any equipment 
                                              or property used for the 
                                              commission of the offence shall be 
                                              forfeited notwithstanding that no 
                                              person has been convicted of the 
                                              offence . . . </span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PART III</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              This Part deals with the pursuit 
                                              and forfeiture of illegal 
                                              properties.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 16 the 
                                              Attorney-General, may, where he 
                                              has reason to believe that a 
                                              person has or is holding on behalf 
                                              of another person property 
                                              suspected to be illegal property 
                                              under this Law, make an ex parte 
                                              application to a court for the 
                                              forfeiture of the property 
                                              specified in the application from 
                                              the person named therein.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 15 is specified 
                                              persons, who can be proceeded 
                                              against by the Attorney-General, 
                                              referred to as &#8220;liable persons&#8221;, 
                                              these are persons who have been 
                                              convicted of narcotic drug 
                                              offences, either in Ghana or of 
                                              similar offences abroad; persons 
                                              knowingly holding or concealing 
                                              illegal properties; persons to 
                                              whom such properties have been 
                                              passed, unless they hold them as 
                                              purchasers in good faith for 
                                              valuable consideration.&nbsp; Where a 
                                              person who can be proceeded 
                                              against under section 15 dies, his 
                                              personal representatives or where 
                                              there are no personal 
                                              representatives any beneficiaries 
                                              may be pursued.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 17, a court may on 
                                              hearing the Attorney-General on an 
                                              application under section 16, 
                                              cause a notice to be issued to the 
                                              liable person named in the 
                                              application to show cause why the 
                                              properties specified by the 
                                              Attorney-General in the 
                                              application should not be 
                                              forfeited, and the Court shall 
                                              rule after hearing the parties, 
                                              and make such order as it deems 
                                              just.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 18, the Court has 
                                              power to order forfeiture where 
                                              the person named as liable fails 
                                              to appear.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 19, the Court may 
                                              where it is satisfied that illegal 
                                              property has been sold to a 
                                              purchaser in good faith or that 
                                              the property cannot be traced or 
                                              is otherwise irrecoverable, order, 
                                              among others, that an amount equal 
                                              to the full value of the illegal 
                                              property shall be paid.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Failure to pay attracts 
                                              imprisonment under section 19 (3), 
                                              and where the liable persons dies 
                                              before or after the Court order, 
                                              the representative of his estate 
                                              or any beneficiary can be pursued.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 20 (1), all 
                                              contracts and dealings effected by 
                                              any person against whom notice has 
                                              been issued under Part III in 
                                              respect of the illegal property 
                                              are null and void.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 21, proceedings do 
                                              not abate upon the death of the 
                                              liable person, and any proceedings 
                                              pending are to be continued 
                                              against his personal 
                                              representatives or beneficiaries.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 22 (1) only the High 
                                              Court, National or Regional Public 
                                              Tribunals have original 
                                              jurisdiction under Part III of the 
                                              Law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PART IV</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              This Part deals with arrest, 
                                              investigation and seizure.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 23, a police officer 
                                              has power to arrest without 
                                              warrant any person whom he 
                                              reasonably suspects to have 
                                              committed or to be committing an 
                                              offence under this Law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 24 deals with powers of 
                                              entry, search and seizure on 
                                              premises suspected to be used for 
                                              offences under the Law and section 
                                              25 deals with body searches of 
                                              suspects which can include both 
                                              external and internal body 
                                              searches, the latter of which must 
                                              be conducted by a medical officer. 
                                              Females are only to be searched by 
                                              other females; obstruction of a 
                                              person inspecting or searching is 
                                              an offence under section 26.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 27 empowers a magistrate 
                                              or District Tribunal to grant, on 
                                              an application by a police 
                                              officer, a right to intercept, 
                                              detain, open and search any 
                                              communication or postal article 
                                              which the magistrate or District 
                                              Tribunal considers likely to 
                                              contain relevant information or 
                                              substance for prosecution under 
                                              the Law.&nbsp; This application can 
                                              also extend to a request to the 
                                              magistrate or District Tribunal 
                                              for authorisation to intercept 
                                              transmitted messages and to listen 
                                              to any conversation by 
                                              telecommunication.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 28 gives the 
                                              Attorney-General special powers to 
                                              authorise any police officer, by a 
                                              written order, to investigate, 
                                              inspect and take copies of any 
                                              documents held by a bank or 
                                              financial institution among 
                                              others, for purposes relating to 
                                              an investigation into a narcotic 
                                              drug offence under this Law or 
                                              under a corresponding foreign law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 29, the 
                                              Attorney-General has further 
                                              powers for the purposes of any 
                                              investigation into proceedings 
                                              relating to a narcotic drug 
                                              offence suspected to have been 
                                              committed under this Law or under 
                                              any corresponding foreign law, or 
                                              for purposes of Part III of this 
                                              Law, to require, by written 
                                              notice, any person whom the 
                                              Attorney-General has reason to 
                                              believe has information that would 
                                              assist in any such investigation, 
                                              to furnish him in writing a sworn 
                                              statement, identifying his 
                                              properties both inside and outside 
                                              Ghana, identifying properties sent 
                                              outside the country by him within 
                                              a specified period, the estimated 
                                              value and whether the property is 
                                              held by some other person on his 
                                              behalf and setting out all his 
                                              sources of income, earnings or 
                                              assents.&nbsp; Under section 30 the 
                                              Attorney-General also has power in 
                                              like manner to request any public 
                                              officer to furnish any document in 
                                              his possession.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under sections 31 to 34, where the 
                                              Attorney-General intends to make 
                                              an application against any person 
                                              to show cause why certain 
                                              specified properties should not be 
                                              forfeited, or where he intends to 
                                              institute court proceedings 
                                              against any person for a narcotic 
                                              drug related offence or where 
                                              proceedings have already been 
                                              instituted and pending, he may by 
                                              order require any person named in 
                                              the order to disclose the 
                                              whereabouts of all properties held 
                                              by him, prevent him from dealing, 
                                              expending or disposing of any 
                                              property the subject matter of the 
                                              proceedings, not to remove the 
                                              properties or not to leave Ghana 
                                              without prior written approval of 
                                              the Attorney-General.&nbsp; This order 
                                              may extend to any person holding 
                                              property for or on behalf of the 
                                              person named in the order and the 
                                              order may require such latter 
                                              person to also make such 
                                              disclosure and prohibit such 
                                              latter person from disposing of 
                                              any specified property without the 
                                              written approval of the 
                                              Attorney-General.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under subsection (7) of section 
                                              31, failure to comply constitutes 
                                              an offence.&nbsp;&nbsp; The method of 
                                              seizure of movable and immovable 
                                              property suspected to be illegal 
                                              for the purposes of this law is 
                                              dealt with under sections 35 and 
                                              36.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 37, all unauthorised 
                                              dealings with regard to seized 
                                              property after the seizure are 
                                              void.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Sections 39 and 40 provide for the 
                                              release of property seized under 
                                              the Law where there is no 
                                              prosecution or further action in 
                                              respect of the property and no 
                                              claim within a specified period 
                                              from the date of the seizure.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PART V</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              This Part deals with vesting of 
                                              properties forfeited under the Law 
                                              in the State.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PART VI</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 42 deals with co-operation 
                                              and assistance to foreign 
                                              authorities who request for 
                                              assistance in relation to drug 
                                              related offences in the foreign 
                                              country and enjoins the Ghanaian 
                                              authorities to render assistance.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 44 indicates how the 
                                              Ghanaian authority should assist 
                                              with service of processes or 
                                              documents from abroad.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 45 deals with transmission 
                                              of copies of statements or records 
                                              or results of investigations in 
                                              Ghana to the requesting foreign 
                                              authority.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 46 makes it clear that the 
                                              Ghanaian authority may authorise 
                                              any police officer to examine any 
                                              person specified in a request from 
                                              a foreign authority in respect of 
                                              a drug related offence.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 47, the examination 
                                              of a person suspected of a drug 
                                              related offence and specified by a 
                                              foreign authority as being so 
                                              suspected may, on an application 
                                              by the Attorney-General or the 
                                              Ghanaian authority to a magistrate 
                                              or District Tribunal, be ordered 
                                              by the magistrate or the Chairman 
                                              of the District Tribunal who shall 
                                              carry out the examination.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 48 allows the Ghanaian 
                                              authority to authorise search of 
                                              any person specified by a foreign 
                                              authority in a request and a 
                                              police officer so authorised shall 
                                              search the premises and may under 
                                              section 49 seize any property 
                                              requested by the foreign authority 
                                              as being property liable for 
                                              forfeiture under the law of the 
                                              foreign country or that the 
                                              property is required as evidence 
                                              in a drug related offence.&nbsp; The 
                                              section sets out the modalities 
                                              for transmission of any property 
                                              seized and the return of the 
                                              property where it is found not to 
                                              be illegal property.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Under section 50, on a request 
                                              from a foreign authority the 
                                              Ghanaian authority may intercept 
                                              communications for the purpose of 
                                              rendering assistance to the 
                                              foreign authority in relation to 
                                              any drug related matter.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 52 deals with the transfer 
                                              of a person in prison in Ghana to 
                                              a foreign country at the deals 
                                              with the transfer of a person in 
                                              prison in Ghana to a foreign 
                                              country at the request of a 
                                              foreign authority as a witness in 
                                              a prosecution in that country.&nbsp; 
                                              Any such transfer must be 
                                              authorised by the Secretary and 
                                              section 53 deals with arrangements 
                                              that may be entered into between 
                                              the foreign authority and the 
                                              Government of Ghana with regard to 
                                              payment.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              PART VII</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 55 sets up a Narcotics 
                                              Control Board under the control 
                                              and supervision of the Ministry of 
                                              the Interior.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 56 deals with punishment 
                                              for attempt and conspiracies for 
                                              offences under the Law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 57 deals with offences by 
                                              bodies of persons.&nbsp; Under section 
                                              59 the powers of the police are 
                                              clearly indicated to be in 
                                              addition to their powers under any 
                                              other law.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 60 imposes a penalty not 
                                              exceeding ¢500,000.00 or 
                                              imprisonment for a term not 
                                              exceeding three years or both for 
                                              any offence under the Law for 
                                              which no specific penalty has been 
                                              imposed and provides in subsection 
                                              (2) for analyst reports.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              Section 61 deals with the powers 
                                              of the Secretary to make 
                                              regulations and sections 62 and 63 
                                              deal with interpretation and 
                                              repeals respectively.</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              amended by</span></p>
                                              <p class="MsoNormal">
                                              <span style="font-family: Arial">
                                              CONTRACTS ACT, 1960 (ACT 25)1</span></p>
                                              <p class="MsoNormal"></td>
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