REPUBLIC v. DIRECTOR OF SPECIAL BRANCH; EX PARTE SALIFA
July 15, 1968
HIGH COURT
GHANA
CORAM
- CHARLES CRABBE J
Areas of Law
- Civil Procedure
- Constitutional Law
- Criminal Law and Procedure
- Human rights Law
July 15, 1968
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Charles Crabbe of the High Court in Accra heard an application by Alhaji Mohammed Salifa seeking habeas corpus to bring and release his son, Mohammed Abdul Rahim Baba Salifa, from the Special Branch’s custody. The Attorney-General, Mr. Victor Owusu, and the Director of Public Prosecutions appeared for the Director of Special Branch; Mr. Lynes and Mr. Cletus K. Amoah appeared for the applicant. The son had been previously released by order of Anterkyi J., but was re-arrested without warrant for suspected subversion by Inspector Edzie on instructions of the Special Branch Director. The State relied on a National Liberation Council Decree, styled as an amendment adding the boy’s name to protective custody schedules and providing retrospective effect notwithstanding non-publication. Construing the Proclamation’s paragraph 3 and the Habeas Corpus Act, 1964, the court held decrees could operate before Gazette publication and that arrest on suspicion of subversion could be lawful. Finding no evidence that the re-arrest was for the same cause, the court dismissed the application without costs.
JUDGMENT OF CHARLES GRABBE J.
This is an application for a writ of habeas corpus seeking an order of this court directed to the Director of the Special Branch of the Police Service, Accra, commanding him to have the body of Mohammed Abdul Rahim Baba Salifa brought before this court and to have him released on the order of the court.
On 10 July 1968 an ex parte motion was moved by Mr. Lynes for and on behalf of Alhaji Mohammed Salifa for an order for habeas corpus directed against the Director of the Special Branch for the immediate release of his son Mohammed Abdul Rahim Baba Salifa and for such further or other order or orders as the court may seem fit to make.
It was contended in this application on 10 July 1968 that having regard to certain matters deposed to in an affidavit attached to the application the court should order the issue immediately of a writ of habeas corpus directed against the Director of the Special Branch of the Police Service. Having heard learned counsel I made the following order:
"I order that a writ of habeas corpus should issue immediately directed against the Director of the Special Branch to produce before me this morning the boy named in the affidavit supporting the application for the writ of habeas corpus. I order that the sheriff should immediately cause a bailiff to serve the writ on the director as aforesaid or mentioned."
[p.649]
This writ was duly served on the director and later on the same day. Mr. Victor Owusu, the Attorney-General appeared, with him Mr. J. N. K. Taylor, the Director of Public Prosecutions, to argue on behalf of the Director of the Special Branch; Mr. Lynes still representing the interest of the applicant, and with him Mr. Cletus K. Amoah.
In the affidavit to which I have already referred, counsel acting on behalf of the father of the said Salifa deposed, inter alia:
(a) that the said Salifa was being detained at a place unknown by the Director of the Special Branch of the Police Service;
(b) that on 8 July 1968 as a result of a writ of habeas corpus ad subjiciendum which he had issued on 29 June 1968, directed to the Director of Prisons, Accra, and the Director of Special Branch of the Police Service, Accra, the body of the said Salifa was produced before my learned brother Anterkyi J. who found the said detention to be unlawful and ordered the immediate release of the said Salifa;
(c) that immediately after the order of the court as aforesaid a Mr. Gyeke Dako instructed the police offi