The ACT 426 and Public Appointments

The National Service Scheme Act, 1980 (ACT 426) was given assent on September 23, 1980, and it applies to any person who:- is a citizen of Ghana and has attained the age of eighteen years or more. (Section 2(1)) The duration of service shall be two years, which will include minimum of six months military […]

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The National Service Scheme Act, 1980 (ACT 426) was given assent on September 23, 1980, and it applies to any person who:- is a citizen of Ghana and has attained the age of eighteen years or more. (Section 2(1))
The duration of service shall be two years, which will include minimum of six months military training. Part of the service shall be done before entering into higher educational institution, and the other part, after completion of such studies or education. Any person who studies abroad shall be liable to do his service upon his return to the country after such course of study or education, and anyone who successfully completes his service and is engaged in the public service, the period of his national service shall count towards any probationary period served on him. (Section 4)
A person who has not commenced and completed his period of national service shall not:- a) obtain employment outside the Scheme; b) be employed by any other person outside the Scheme; or c) be engaged in any employment outside the Scheme, whether self-employed or otherwise, without the prior permission in writing of the Board. It shall be the duty of every employer to ascertain from every employee upon appointment, his or her national service status, and notify the Board forthwith.
(Section 7).
Every institution where any person is receiving formal training and who has attained the age of eighteen years or more, shall forward to the Board, as soon as practicable, but in any case, not later than the end of the academic year, a list of all such persons. (Section 9).
The Board of the NSS may grant exemptions or postpone the date on which any person shall be first engaged under the Scheme. (Section 8).
Section 28 states that anyone who contravenes Sections 7; or refuses to notify the Board of the completion of course by any person, as required under Section 9; or gives false information among others, shall be guilty of an offence, and on summary conviction, shall be liable to a fine not exceeding five thousand cedis, or to a term in prison not exceeding five years or both, and in the case of continuing offence, to an additional fine not exceeding one hundred cedis in respect of each day on which the offence continues. This section also deems it an offence, liable to punishment under the law, if there is a violation of the ACT by a body of persons.
At a glance through the sections of the ACT 426, it is obvious that many more Ghanaians have violated it in more than one way, than could be only attributed to only those who did not do their service. So, when beautiful Otiko Afisa Djaba was boldly honest enough to declare her national service status, she owned up for not doing her service, and she was just as guilty as many more Ghanaians, including her accusers in the House of Parliament.
The question is how many MPs in the House did two full years of national service? Twenty-four clear months, including at least six months of military training, is mandatory by the law. It is even alleged that some of the MPs fall in Otiko’s category and did no service at all.
Other important groups which have one way or the other violated ACT 426 are the board and managers of the National Service Scheme. They were to make sure that the ACT is implemented to the letter, so for not putting the SHS graduates into service before they entered higher educational levels; for not enforcing the two year period of service, and for not putting service personnel in military training for at least six months among others, put them under those who violate Section 28 of the ACT, for they failed to implement the law to the letter.
The fact that it is mandatory for Ghanaians who lived and studied abroad to do service when they come home, seems not to be placed on a high premium. People come in and settle down to work, either as public servants or self-employed, without the NSS raising red flags. Once in a while, someone is caught in the web, but that is all. And who should monitor the self-employed to make sure that they did their service before starting full time work? No other, but the NSS management and board.
And since it is an offence not to commence or not to complete service, Otiko is certainly not the only one here. This means that even our parliamentarians are guilty, and if the law is applied, each and every one of them would serve a term in prison, not exceeding five years. None of them can plead ignorance of the law, especially when some found it convenient to quote eloquently from sections of ACT 426.
Other than that, our MPs will have to compute, at least, a full year of their stay in Parliament and use it to render their national service. And this means they will be put on a monthly allowance of GH¢350 or GH¢ 599, depending on government’s ability to pay. No other benefits, and we will see how they can run their offices.
As it stands now, Hon Otiko Afisa Djaba is equally guilty under the law for not doing the national service at all, and if she is to be sanctioned, it will be very fair and show of equal rights and justice to rope in our MPs, management and Board of the NSS for a start, since the ACT does not discriminate in applying sanctions on offenders under any of its sections. If that yardstick is applied, then how many will be left standing. And Jesus said, “Those without sin should caste the first stone.”
Hon. Daniel Dugan

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