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LARDAN
V.
ATTORNEY GENERAL & ORS. (NO. 2)

(1957) JELR 115859 (HC)

High Court 25 Oct 1957 Ghana
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- The Ghanaian Parliament enacted the Deportation (Othman Larden and Amadu Baba) Act, 1957, specifically authorising the deportation of two individuals, notwithstanding the general Deportation Act, 1957, which applied only to aliens. - At t

Case Details

Judges:SMITH J.
Counsel:Bing Q.C., Attorney Genral, for the Respondents. Quass Q.C. for the applicant.
Location:Ashanti Region
Other Citations:3 WALR 114-123

SMITH J. Parliament of Ghana passed an Act on August 23, 1957, the short title of which is the Deportation (Othman Larden and Amadu Baba) Act, 1957, giving power to the Minister responsible for deportation to order the deportation from Ghana of these two persons. Orders were in fact duly made. When I use the word "Act" alone, I am referring to this particular Act of Parliament.

Section 4 (2) of the Act is as follows:

"On any order of deportation being made hereunder, any deportation order made under the Deportation Act, 1957, in respect of the same deportee shall be automatically revoked and if the deportee is in custody under the provisions of the Deportation Act, 1957, he may, notwithstanding any proceedings in any court, whether pending or determined, be retained in custody for the purposes of this Act without being released and such custody shall be deemed to be legal custody; and any proceedings in any court instituted for the purpose of impugning the validity of the Alhaji Alufa O…

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