REPUBLIC v. INSPECTOR-GENERAL OF POLICE; EX PARTE ANIAGYEI II

JUDGMENT OF TAYLOR J.

On 24 February 1976, I ordered that the applicant, Barfour Aniagyei II, the mankrado of Akwatia, then in detention in police cells at Koforidua, be released forthwith from police custody and I reserved my reasons for ordering his release to today. I now proceed to give the said reasons.

The applicant with others, whose applications for habeas corpus were subsequently withdrawn, were involved in alleged misappropriation of [p.397] money belonging to the Akwatia stool. The case was under investigation by the Koforidua police and the applicants were ordered to be arrested by the Regional Commissioner of the Eastern Region. On arrest they were released but ordered to report to the police. On 6 February 1976 when the applicant reported to the police he was on the instructions of the said Regional Commissioner detained in police cells.

On 11 February 1976, the applicant applied to this court under the provisions of the Habeas Corpus Act, 1964 (Act 244), for a writ of habeas corpus directed at the Inspector-General of Police and the Assistant Commissioner of Police, Koforidua, to produce him before this court for the purpose of inquiry into the reasons for his detention and ordering his release.

When the application came before me on 17 February 1976, I ordered the Inspector-General of Police and the Assistant Commissioner of Police, Koforidua, to produce the applicant before this court on 24 February 1976 and to submit reports in writing stating the grounds of the detention. I also ordered that copies of the application and supporting affidavits be served on the Inspector-General of Police and the Assistant Commissioner of Police, Koforidua, and I adjourned further hearing to 24 February 1976. The order I made on 17 February 1976 was in accordance with the provisions of section 2 of the Habeas Corpus Act, 1964 (Act 244), which provides 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."

In obedience to the order, the applicant was produced on 24 February 1976 and the Assistant Commission