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EDMUND ADDO
V.
THE ATTORNEY-GENERAL AND INSPECTOR GENERAL OF POLICE

(2017) JELR 67169 (HC)

High Court 30 Mar 2017 Ghana
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- Police may only search seized electronic devices of a criminal suspect with a search warrant duly issued by a magistrate under section 88 of Act 30/1960; warrantless searches violate the suspect’s constitutional right to privacy. - A susp

Case Details

Suit Number:SUIT NO. HR/0080/2017
Judges:ANTHONY K. YEBOAH JUSTICE OF THE HIGH COURT
Counsel:JUSTICE SREM-SAI ESQ. WITH CLETUS ALENGAH ESQ. FOR THE APPLICANT

JUDGMENT

By an originating application on notice filed on 13 – 6 – 2016, Edmund Addo of Accra seeks the enforcement of his fundamental human rights and freedoms in the nature of the rights to privacy, property, fair trial and education.

The Applicant couches the prayers he seeks in the following form:

“a. Adjudge and declare that the Applicant’s rights to privacy, property, fair trial and education have been, are being or are likely to be violated by the Respondent;

b. Make an order:

i. Restraining the Respondents from further interfering with or violating the above-mentioned rights of the Applicant; and,

ii. For the immediate return of the said laptop and mobile phone to the Applicant or in the alternative for the deposit of the same with the trial court; and

c. Provide any other remedies that the Honourable Court deems fit.”

Accordingly, this application seeks to resolve the issue as to whether, after having seized the mobile phone and laptop of a criminal suspect in the course of or follow…

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