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IN RE OKINE & ORS

(1959) JELR 65509 (HC)

High Court 10 Jan 1959 Ghana
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- The Preventive Detention Act, 1958, is similar to war-time detention regulations in Britain. - The Court cannot consider the necessity of making a detention order, as it falls under the administrative authority of the Minister. - Judicial

Case Details

Judges:SMITH J.
Counsel:DR. DANQUAH (WITH HIM KOI LARBI) FOR APPLICANTS; CRABBE FOR RESPONDENTS.
Other Citations:[1959] GLR 1

SMITH J.

The Preventive Detention Act, 1958, is analogous to the Preventive Detention Regulations which were in force in Britain as a war-time measure, and the cases and authorities cited to me have almost entirely related to war-time detentions.

The Preventive Detention Order sets out that the Governor-General is satisfied that it is necessary to make the Detention Order in question. It was signed by the Minister of Defence: there is nothing against his signing this order, either in law or in the circumstances of this case.

The question of the necessity of making the order at all is not for the Court to consider (Progressive Supply Company Ltd. v. Dalton ([1943 Ch. 54)). It appears well established that where a statute requires only that a Minister shall be “satisfied” that certain action is necessary, the effect is “virtually to exclude all judicial review on the ground that Ministerial action taken under (such) authority is purely administrative” (Laws and Orders -Sir Carleton Kemp Al…

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