FATTAL & ANOR v MINISTER FOR INTERNAL AFFAIRS & ANOR

The first plaintiff, Mohamed Fouad Fattal, was a citizen of the Lebanon by birth until February 1973 when he renounced his Lebanese nationality and acquired a Ghanaian citizenship by naturalisation under the Ghana Nationality Act, 1971 (Act 361). The second plaintiff, Mahmoud Fattal, was also a citizen of the Lebanon by birth until June 1976 when he renounced his Lebanese [p.108] nationality and acquired a Ghanaian citizenship by naturalisation under the Ghana Nationality Act, 1971.

In July 1978, while the second plaintiff was outside Ghana undergoing medical treatment, the first plaintiff was arrested by the Special Branch of the Ghana Police Force and kept in custody for interrogation in connection with an alleged non-payment of import duty which, including penalties, amounted to ¢6,339,422.72. Notwithstanding an immediate payment of ¢1,000,000 and seven post-dated cheques to cover the balance which he made to the Special Branch out of fear and in the hope that he would be released from detention, the first plaintiff was kept in custody until 1 August 1978 when the then Supreme Military Council passed the Ghana Nationality (Amendment) Decree, 1978 (S.M.C.D. 172), which provides:

"GHANA NATIONALITY (AMENDMENT) DECREE, 1978

WHEREAS the persons specified in the Schedule to this Decree are citizens of Ghana by naturalisation;

AND WHEREAS the Supreme Military Council is satisfied that the said persons have, over the years engaged in serious trade malpractices and in activities constituting economic sabotage and subversion of the economy of Ghana contrary to the public interest;

AND WHEREAS the Supreme Military Council is therefore satisfied that the said persons have by their said acts forfeited their right to continue to be citizens of Ghana by naturalisation;

NOW, THEREFORE, BE IT ENACTED by the Supreme Military Council as follows:-

1. The persons specified in the Schedule to this Decree shall cease to be citizens of Ghana by naturalisation and accordingly any certificates of naturalisation as citizens of Ghana granted to them are hereby cancelled.

2. This Decree shall be deemed to have come into force on the 1st day of August, 1978.

SCHEDULE

MOHAMED FOUAD FATTAL

MAHMOUD FATTAL

Made this 1st day of August, 1978.

LT.-GENERAL F. W. K. AKUFFO

Chairman of the Supreme Military Council"

The effect of this Decree was to re-confer on the two plaintiffs the status of a