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GOVERNMENT OF SIERRA LEONE v. JUMU

November 28, 1968

HIGH COURT

GHANA

CORAM

  • KINGSLEY-NYINAH J

Areas of Law

  • Criminal Law and Procedure
  • Human rights Law

AI Generated Summary

Kingsley-Nyinah J. of the High Court of Ghana considered an application by the Government of Sierra Leone for leave to appeal a magistrate’s refusal to surrender Major Sandi Boakarie Jumu in extradition proceedings. Sierra Leone had proceeded on false imprisonment charges against prominent figures Cyril Bunting Rogers-Wright, Mohamed Sorie Forna, and Ibrahim Bash Taqi, while Ghana charged Jumu with kidnapping under section 89 of the Criminal Code. The Court found that the complainants were initially detained under Brigadier Lansana’s martial law orders and that no evidence showed Jumu had abducted them. In the volatile political context of March 1967 and the National Reformation Council’s assumption of power, the Court determined the acts were political in nature, triggering the statutory bar in Act 22 s. 2(2). The absence of assurances against political prosecutions and indications of treason proceedings underscored the risk of reprisal. The judge upheld the magistrate’s discharge, refused leave, and dismissed the application.

JUDGMENT