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KWAKYE
V.
ATTORNEY-GENERAL

(1981) JELR 85451 (SC)

Supreme Court 10 Nov 1981 Ghana
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- The majority of the Supreme Court (Ghana) held that the ouster clause in s.15(2)-(3) of the 1979 Constitution’s transitional provisions bars the courts from questioning any “judicial action taken or purported to have been taken” by the Ar

Case Details

Judges:APALOO, CJ SOWAH, JSC ARCHER, JSC ANIN, JSC (DISSENTING) CHARLES CRABBE, JSC ADADE, JSC TAYLOR JSC (DISSENTING)
Counsel:B. E. Kwaw-Swanzy (Thompson with him) for the plaintiff. Hon. E. L. Djabatey, Attorney-General (C. H. A. Tettey, Solicitor-General, Odoi, Mrs. Orleans, Mrs. Adusa Amankwa and Ava with him) for the defendant.
Other Citations:[1981] GLR 944 - 1071

APALOO C.J.

The plaintiff was until 4 June 1979, the Inspector-General of Police. On that day, the Government of the Supreme Military Council of which he was a member, was overthrown in a coup d'etat. He was then arrested and kept in custody. The evidence shows that while there, he complained of illness. He was then sent to the 37 Military Hospital for treatment. A military guard was mounted on him on 10 June 1979, he disappeared with his escort and still apparently out of the country.

One of the reasons given by the government which overthrew the Supreme Military Council was "to purge the Armed Forces of corruption and graft and to restore the image of the military and to deal with the accomplices of the guilty members of the Armed Forces..." This new military government christened itself the Armed Forces Revolutionary Council (honourably called the A.F.R.C.). In pursuance of this policy, it established by Decree, namely, the Armed Forces Revolutionary Council (Special Courts) Decree, …

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