Ratio DecidendiRatio DecidendiRatio Decidendi



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

(2009) JELR 65781 (HC)    
High Court  ·  SUIT NO.HRC 19/09 ·  11 Aug 2009 ·  Ghana
CORAM
JUSTICE UUTER P. DERY

Ratio Decidendi

Core Terms Beta
attorney-general
section
applicant
freedom of movement
preliminary objection
civil proceedings
applicant’s passport
delta foods case
due process of law
ghana seamen’s employment
state proceedings act
supreme court
comptroller of customs
functions of the intelligence agencies
high court
personal liberty
said act
above constitutional provision
american citizen
applicant’s fundamental human right
applicant’s right
attorney-general’s office
avowed purposes of the united nations
charter of the united nations
director of the bureau of national investigations
edward wiredu j.
external security agencies act
following functions
following reliefs
fundamental human rights
human rights
immediate past minister of foreign affairs
intelligence agencies act
international human rights instruments
issue of damages
number of cases
particular state organization
present case
principal secretary
principal state attorney
provisions of section
regional integration of the republic of ghana
republic of ghana passport
said elikplim l. agbemava
said section states
seizure of the applicant
state attorney
state department
state institution

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login