1936
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
AI Generated Summary
The Supreme Court of the Gold Coast, per Petrides, C.J., considered an application by Kwame Kuma, the Odikro of Akwatia, together with his associates Opanin Aneadjaye, Opanin Ajesam, Gyasehene Kweku Prah, and Linguist Kwesi Akesi, seeking a writ of habeas corpus to challenge their banishment and, for Kuma, deposition ordered by Governor Arnold Hodson. The Governor had issued Order No. 68 of 1936 deposing Kuma under section 9(1) of the Asamangkese Division Regulation Ordinance, 1935, and Orders Nos. 69 and 70 removing the applicants from Asamangkese Division to New Juaben. The applicants contended the Governor acted as accuser and judge, demanded trial-like procedures, and denied status as a “Chief.” The Crown, represented by the Acting Attorney-General and Acting Solicitor-General, opposed. Citing Eleko and De Verteuil, Petrides, C.J. held the Governor’s powers were executive yet reviewable, a fair inquiry—not a judicial trial—was required, the charges were communicated, and the applicants had sufficient opportunity to answer but chose to only object. Relief was denied.
The following ruling was delivered:-
Petrides, C.J.
After hearing Counsel for the applicants in support of the motion for the issue of a Writ of Habeas Corpus in respect of the banishment of the applicants, and upon reading the affidavits of Kwasi Akesi, filed on behalf of the applicants on the 20th and 27th August, 1936, an Order was drawn up requiring all parties concerned to show cause why a Writ of Habeas Corpus should not issue directed to the Governor administering the government of the Gold Coast to have the bodies of the applicants brought before a Judge of the Supreme Court.
Certain affidavits were filed in opposition to the grant of an order nisi for a Writ of Habeas Corpus, and Mr. M'Carthy, Acting Attorney-General, and Mr. Brown, Acting Solicitor-General, appeared to oppose the grant of the order nisi.
When all the speeches were concluded, I stated that I would either give judgment or hear further argument if necessary. As the Court was about to rise, Mr. Thompson stated for the first time that he would like to call further evidence. I said that this application should have been made before, but that if Mr. Thompson would state in writing what evidence he desired to adduce the application would be considered in spite of the fact that the proceedings were finished. Although this statement was made on the 9th September, there had been no intimation from Mr. Kojo Thompson that he desired to call further evidence on any particular point. Having given him this opportunity, of which he has not availed himself, it is my duty to pronounce my decision on the evidence adduced by both sides on the hearing of this matter.
By Gold Coast Gazette, No. 53, of the 12th August, 1936, it was notified that the Governor had made an Order. This Order, No. 68 of 1936, was in the following terms:-
Whereas Kwame Kuma, Odikro of Akwatia in the Asamangkese Division is a Chief within the meaning of Section 2 of the Asamangkese Division Regulation Ordinance, 1935;
And whereas I am satisfied that the said Kwame Kuma, Odikro of Akwatia, has obstructed certain officers appointed under the Asamangkese Division Regulation Ordinance, 1935, or regulations made thereunder in the exercise of their duties of control of the Akwatia Stool Treasury;
AND WHEREAS the charges against the said Kwame Kuma have been communicated to him, and he has had sufficient opportunity of making his answer or defence thereto:
NOW, THEREFORE, by virtue of the powers vested in me by subsection (1