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REPUBLIC
V.
ASSISTANT DIRECTOR OF PRISONS; EX PARTE DAGOMBA AND OTHERS

(1978) JELR 65403 (HC)

High Court 28 Feb 1978 Ghana
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- The applicants are detainees incarcerated in Nsawam Medium Security Prisons under the Preventive Custody Decree, 1972 (N.R.C.D. 2). - The applicants challenge the legality of their detention and argue that the mere production of executive

Case Details

Judges:AGYEPONG J.
Counsel:ADUMUA-BOSSMAN (WITH HIM NELSON-COFIE JOHNNY HANSON, NANA AKUFO-ADDO AND T. TSIKATA) FOR THE APPELLANTS; GYEKE-DAKO, DIRECTOR OF PUBLIC PROSECUTIONS (WITH HIM OSAFO SAMPONG SENIOR STATE ATTORNEY) FOR THE RESPONDENT.

AGYEPONG J.

The applicants are detainees incarcerated in Nsawam Medium Security Prisons under the Preventive Custody Decree, 1972 (N.R.C.D. 2), s. 2, which provides:

“2. The National Redemption Council may, by executive instrument authorise the arrest and detention of any other person in respect of whom they are satisfied that it is in the interest of national security or in the interest of the safety of the person so to do and any such instrument may amend or repeal the Schedule to this Decree.”

By section 1 of the said Decree certain named persons, being political figures of the civilian government that was overthrown by the National Redemption Council on 13 January 1972, were to be taken into protective custody. While the detention of the people in section 1 of the Decree was geared towards the stabilisation of the new military government, it is apparent from section 2 that the detention of the people under that section was not geared towards the stabilisation of the new military gov…

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