REPUBLIC v. GREATER ACCRA REGIONAL COMMISSIONER; EX PARTE NAAWU III

JUDGMENT OF TAYLOR J.

Yesterday I heard arguments in this case and because it involves the liberty of the subject, I adjourned for a ruling this morning in order that the matter be dealt with expeditiously. On 5 March 1976, the applicant herein by his solicitor filed an application for habeas corpus under the provisions of the Habeas Corpus Act, 1964 (Act 244). The application was ex parte and it came before me on 9 March 1976. On that day having heard counsel for the applicant and having read the motion paper and supporting affidavit, I made an order directed at the Regional Commissioner to produce the body of the applicant on 12 March 1976 and also to submit a report in writing stating the grounds of the detention of the applicant. I made this order in compliance with the provisions of section 2 of the Habeas Corpus Act, 1964 (Act 244), which is as follows:

"2. The High Court or the Judge thereof to whom an application is made under section 1 of this Act shall immediately enquire into the allegation of unlawful detention and may make an order requiring the person in whose custody the applicant (or the person on whose behalf the application is made) is detained,

(a) to produce the body of the person so detained before the High Court on a day specified in the order, and

(b) to submit a report in writing stating the grounds of the detention."

I also ordered that the Regional Commissioner be served with a copy of the motion paper and supporting affidavit, so that he would be informed of the complaint of the applicant to enable him to formulate the grounds of detention in his report.

The order of the court was duly served and on 12 March 1976, in obedience to the order, the Regional Commissioner did produce the applicant in court. I regret to have to say that the order of the court asking for a report was completely ignored. I do not know whether this was on advice but the Regional Commissioner was represented by Mr. J.E.K. Appiah, State Attorney, and so I drew his attention to the desirability of having a report in writing as is provided for in section 2 of Act 244.

I was anxious to give the Regional Commissioner an opportunity of justifying the detention for section 4(1) of the Habeas Corpus Act, 1964, provides as follows:

"The High Court shall, upon the body of the person detained being produced before it and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of the person detained