(1978) JELR 65403 (HC)    
High Court  ·  28 Feb 1978 ·  Ghana
Core Terms Beta
supreme military council
executive instruments
detention of the applicants
ultra vires
national redemption council
learned director of public prosecutions
interest of national security
criminal procedure code
ex parte braimah
general officer
ghana army
military commission
mr. tsikata
nana akufo-addo
writ of habeas corpus
detention of the people
discretionary power
executive instrument
executive officer
ex parte ibrahim alias telley
inspector-general of police
malaya law review
mere production of the executive instruments
stabilisation of the new military government
such instrument
agyepong j.
basis of the ruling of taylor j.
confirmation of an order
contention of the applicant
detention of the applicants part of the principal decree
executive authority
exercise of the power
fundamental common law principles
grounds of the satisfaction of the supreme military council
last case
legal proceedings
legislative power
mr. gyeke-dako
only question
preventive custody decree
provisions of the enabling act
said decree
special form
special subsidiary legislation
statement of satisfaction
submission of the director of public prosecutions
validity of a ministerial order
various ways

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 go…

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