REPUBLIC v. HALF ASSINI DISTRICT COURT MAGISTRATE GRADE II; EX PARTE WHAJAH

In this judicial review, EDUSEI J. considered an application by Morkeh Whajah seeking certiorari to bring up and quash a magistrate’s order that had confined him as a suspected lunatic under the Lunatic Asylums Ordinance, Cap. 79 (1951 Rev.). The court analysed the statutory scheme: section 12 empowers a magistrate, upon sworn information, to examine the suspected person and hold an enquiry, with powers to summon and administer oaths, and section 13 requires appointment of a medical officer to examine the suspect. Reading section 14 together, the court held that an adjudication of lunacy and confinement presupposes the ‘examination and enquiry’ contemplated earlier. Whajah’s affidavit alleged no enquiry was held; the respondent magistrate filed no affidavit to refute this or exhibit proceedings, leaving only the bare order. The court emphasised natural justice, stating that even an enquiry held in the suspect’s absence would breach audi alteram partem. Citing R. v. Electricity Commissioners, Ridge v. Baldwin, and Wood v. Woad, the court concluded the order was a nullity and granted certiorari, directing that the order be brought in and quashed, with costs of N¢100 awarded to Whajah.