Unravelling the Legal Maze: A Startling Journey into the Laws Governing the Ghana Flag and the Coat of Arms

 

-By Hubert Tieku

The saying which goes like, “we live to learn”, immediately made sense to when I had the shock of the year, 2024. And I believe almost all my friends who range from law students to lawyers and almost all lay persons will be equally shocked when they learn about some of the laws to which my eyes were just opened. I am saying this because I see them flout these laws “unknowingly” on a daily basis.

One faithful morning, I was introduced to my senior and in the course of the introduction he passed a comment which led to the writing of this article. That morning I had a badge of the coat of arms on the collar of my suit jacket. Upon seeing the coat of arms he asked me why I was wearing it and I replied “I am wearing it to demonstrate my patriotism”. He said, “kindly go and read the laws on Ghana’s flag and emblem and come and tell me if you are actually allowed to wear the coat of arms on your suit.” At that moment I said to my self, “of course I am allowed to wear it because if it was unlawful, my friends who are law students and lawyers wouldn’t wear it”. The same morning, I decide to look into the position of the law on the topic and I could not keep the shocking revelation I found all to myself but decided to share with you through this article.

The article aims to raise awareness about these laws among the public, including law students and lawyers who may unknowingly violate them.

I delved into four main laws to have a fair idea of the Ghanaian laws on national flags and emblems. These laws were the (a) Flag and Arms Protection Act, 1959, (b) Criminal Offences Act, 1960 (Act 29) (c) The Trade Marks Act, 2004 (Act 664) and(d) the case of Atto - Mensah v. The Republic (1967).

The first section of the Flag and Arms Protection Act, which is made up of only four sections, provides that no person (whether Ghanaian or a foreigner) can use, display or wear the Ghana Flag or the Coat of Arms or any part of them or anything that resembles them without obtaining a licence from the Interior Minister. Of course, persons like the President, a Minister, members of the security agencies in their official capacities can use the flag and coat of arms without a permission from the minister. And if any unauthorized person uses them without the Minister’s permission, that person commits an offence and is liable on summary conviction to a fine not exceeding 50 penalty units(about GH 600.00). The only times a person can “display” the flag or the coat of arms without a licence from the minister is on public holidays such as 7th January (Constitutional Day) or on a day proclaimed as a festive occasion including commemorative days like the Republic Day (1st July).

The Trademarks Act, in my opinion, is stricter because in addition to imposing a fine, it also imposes prison sentence. It provides that a person who uses a national badge, seal, device, an emblem or a flag without lawful authority in a manner that leads or is likely to lead to the belief that that person is authorised to use that badge, seal, device, emblem or flag commits an offence and is liable on summary conviction to a fine not exceeding 250 (about GH 3,000.00) penalty units or to a term of imprisonment not exceeding 6 months or to both.

Lastly, in the case of Atto-Mensah v. The Republic (1967), Archer J acknowledged the fact that provision has been made in the Criminal Offences Act, 1960 (Act 29), section 184, to deal with cases where any person does an act which is intended to bring into contempt the National Flag and the National Emblem of Ghana. In fact, section 184 provides that a person who does an act with intent to insult the official national flag or emblem of Ghana or a representation or pictorial reproduction of the flag or emblem commits a misdemeanour.

In conclusion, four major laws, including the Flag and Arms Protection Act (1959) and the Trade Marks Act (2004) have prohibited the use of the Ghana flag or coat of arms without a license, punishable by fines or imprisonment. Only specific individuals, like the President or members of the security agencies, can use them without permission. While it may be understandable that displaying or wearing the Ghana Flag or the Coat of Arms in contravention of the above laws is due to ignorance, it must be noted that “ignorance of the law is not an excuse”, and now that you know, kindly be advised.