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RULING
On 23/01/2020, this application which is an amended process was filed under Act 989 and the constitution, praying for the release of applicant’s passport.
The deposition in support is to the effect that on 29/08/2019 Kwaku Arhin Applicant herein, submitted his passports, two in number (Ghana and UK) to one Inspector Karikari for inspection and the passports have been seized since.
The deposition showed that, applicant has to travel to London, where he owns a property on NC86 Kynasto Road Bromley Kent, Bri 5A W U. K, which is being threatened by squatters who have evaded it.
Secondly, he has alleged he has a son, who has a medical appointment with medical officers in U. K and he has an appointment too in the U. K, hence, the need to have his passports.
He cited, Exhibit ‘G’, with St. George University Hospital heading, as documentary evidence in support.
The document dated 27/09/2019 is addressed to applicant.
And it contains information which is about, confirmation of his medical appointment.
Finally, he contended that presently, he has not been charged and for persons who are suspect or accused persons, a court of law has a discretion on whether they could travel out of Ghana or not.
In a supplementary affidavit in support, the demand for the passports so that they could receive medical treatment has been repeated.
In addition, he contended that the Circuit Court, Accra, on 24/10/2019, has discharged him, when criminal charges brought against him were withdrawn.
Besides, he gave Account Number: 0600009139419 and 0600009139489 with Societe General, have been attached for more than five (5) months and on 31/10/2019, a High Court confirmed same.
In paragraph 22, applicant stated 3rd Applicant accounts too has been seized in a similar manner.
In conclusion, he contended that with his discharge the continuous seizure of the passport and the accounts is unlawful.
I have examined Exhibit A, B, C, D, E, F, G series, Exhibit ‘H’ annexed to the supplementary affidavit.
Exhibit ‘G’ series is the charge sheet, showing charges on which Applicants were arraigned and later discharged by the Circuit Court.
And Exhibit ‘H’ is the proceedings of the Circuit Court, on 24/10/2019, the 1st and 3rd Applicants were NOT before the Court.
The 2nd Applicant was present, and the charges were withdrawn and 2nd Applicant herein (Francis Kwaku Arhin) was discharged, as the case was struck-out as withdrawn.
There is on the record written submissions filed on behalf of