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REPUBLIC v. DIRECTOR OF PRISONS AND OTHERS; EX PARTE WILLIAM OFORI-ATTA AND OTHERS

1978

HIGH COURT

GHANA

CORAM

  • AGYEPONG J

Areas of Law

  • Administrative Law
  • Constitutional Law
  • Human rights Law

AI Generated Summary

Agyepong J. confronted two questions: the scope of the Preventive Custody (Release) Instrument, 1978 (E.I. 46) and the validity of its Amendment Instrument, 1978 (E.I. 66). The first and second applicants were detained under E.I. 38 from 5 April 1978, and the third under E.I. 44 from 20 April 1978. Invoking paragraph 2 of E.I. 46, applicants’ counsel, Mr. Joe Reindorf, argued that the phrase “since 1974” required their release; the Director of Public Prosecutions, Mr. Gyeke‑Darko, argued it applied only to those detained in 1974 and still detained on 25 April 1978. Finding “since” ambiguous, the judge consulted earlier release instruments (E.I. 11 and E.I. 12) and the principle from R. v. Titterton to ascertain S.M.C.’s intent. He held E.I. 46 covered only 1974 detainees, not the applicants. Turning to E.I. 66, the court treated it as an explanatory instrument, relying on Interpretation Act section 10(2), and overruled the invalidity challenge.

JUDGEMENT