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MR. AKWASI OSEI - ADJEI
V.
THE ATTORNEY- GENERAL AND THE DIRECTOR, BNI

(2009) JELR 65781 (HC)

High Court 11 Aug 2009 Ghana
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- The High Court held that under Article 88(5) of the 1992 Constitution and section 9(2) of State Proceedings Act, 1998 (Act 555), only the Attorney-General is the proper defendant in civil suits against the state, not the Director of the B

Case Details

Suit Number:SUIT NO.HRC 19/09
Judges:JUSTICE UUTER P. DERY
Counsel:GODFRED YEBOAH DAME FOR APPLICANT; EBO BARTON ODRO (DEPUTY ATTORNEY-GENERAL) MR. E. AGBEMAVA AND ,GIFTY SEKYI-BIA (STATE ATTORNEYS) WITH HIM FOR THE REPUBLIC.

RULING

DERY, J.

On 16th June 2009, the applicant, Mr. Akwasi Osei – Adjei, the immediate past Minister of Foreign Affairs and Regional Integration of the Republic of Ghana, brought an application to this court against the respondents, the Attorney-General and the Director of the Bureau of National Investigations (BNI) seeking the following reliefs:

i) a declaration that the seizure of the applicant’s Republic of Ghana passport and the continued detention of same by the BNI are a gross infringement on the applicant’s fundamental human right to freedom of movement under the Constitution, 1992;

ii) an order directed at the BNI to release the applicant’s passport to him unconditionally;

iii) an order of prohibition directed at the Attorney-General and the Director, BNI from any further abuse or curtailment of the applicant’s right to freedom of movement;

iv) any other order or orders as this court may seem meet.

The applicant supported his application with a twenty-four paragraphs affidavit in w…

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