RE: AKOTO AND 7 OTHERS

Korsah C.J. delivered the judgment of the court. The appellants were arrested and placed in detention on the 10th and 11th November, 1959, under an order made by the Governor-General and signed on his behalf by the Minister of Interior under section 2 of the Preventive Detention Act, 1958.1

The order reads:

"L.N. 310

THE PREVENTIVE DETENTION ACT, 1958

THE PREVENTIVE DETENTION ORDER (No. 5) 1959

WHEREAS the Governor-General is satisfied that this Order is necessary to prevent the persons in the Schedule to this Order acting in a manner prejudicial to the security of the State:

NOW THEREFORE, in exercise of the powers conferred on the Governor-General by section 2 of the Preventive Detention Act, 1958, it is hereby ordered as follows:

1. (1) This Order may be cited as the Preventive Detention Order (No. 5), 1959.

(2) This Order shall take effect at 7 o'clock in the afternoon of 10th day of November, 1959.

[p.526]

2. (1) The persons described in the Schedule to this Order shall be taken into custody and detained under section 2 of the Preventive Detention Act, 1958.

(2) Subject to the power under section 3 of that Act to suspend, vary or revoke this Order, and subject to subsection (3) of section 5 of that Act, the period of which the persons described in the Schedule to this Order are to be detained shall be for a period of five years.

SCHEDULE

Name Further Particulars

1. BAFFOUR OSEI AKOTO .. .. .. .. Senior Linguist to the Asantehene, of House No. O.1. 141, Ashanti New Town, Kumasi.

2. PETER ALEX DANSO ALIAS KWAKU DANSO .. Lorry Driver, of House No. M.E. 70, Kumasi.

3. OSEI ASSIBEY MENSAH .. .. .. .. Storekeeper, House No. M.E. 60, Ashanti New Town, Kumasi.

4. NANA ANTWI BUSIAKO ALIAS JOHN MENSAH .. "Nkofohene" of Kumasi of House No. O.B. 473 Mbrom, Kumasi.

5. JOSEPH KOJO ANTWI-KUSI ALIAS ANANE ANTWI-KUSI .. .. .. .. .. of Kumasi.

6. BENJAMIN KWEKU OWUSU .. .. .. Produce Manager, of House No. B.H. 149, Asafo, Kumasi.

8. ANDREW KOJO EDUSEI .. .. .. .. Auctioneer and Letter Writer of House No. O.1. 165, Ashanti New Town, Kumasi.

9. HALIDU KRAMO .. .. .. .. .. Transport Owner of House No. S. 51, Suame, Kumasi.

Made at Accra this 10th day of November, 1959.

By the Governor-General's Command.

A. E. INKUMSAH

Minister of the Interior

It is admitted that the order is regular on its face, that it was duly signed by the Minister of Interior, and that the appellants are the persons named in it.

The main issues raised by counsel