REPUBLIC v. ASSISTANT DIRECTOR OF PRISONS; EX PARTE DAGOMBA AND OTHERS

Agyepong J. considered applications from detainees held at Nsawam Medium Security Prisons challenging the legality of their detention under the Preventive Custody Decree, 1972 (N.R.C.D. 2), section 2. The respondent produced executive instruments issued by the Supreme Military Council (formerly the National Redemption Council) authorizing each detention; the court had already released 175 detainees whose custody lacked such instruments. The applicants, through counsel Nana Akufo-Addo, argued that mere production of instruments was insufficient, that the return must disclose reasons evidencing the Council’s satisfaction, and invoked articles 15 and 173 of the suspended 1969 Constitution and core common law fairness principles. The Director of Public Prosecutions, Mr. Gyeke-Dako, contended that these executive instruments are special subsidiary legislation that operate as if enacted in the principal decree, thereby ousting judicial inquiry into reasons. Relying on constitutional law scholarship, comparative authorities, Minister of Health v. R, and Ex parte Ibrahim, the court held that the instruments are valid unless ultra vires or in conflict with N.R.C.D. 2. The court found it lacked jurisdiction to probe the grounds of satisfaction and dismissed the habeas corpus applications without costs.