Ratio Decidendi



REPUBLIC
V.
DIRECTOR OF PRISONS; EX PARTE ALLOTEY AND ANOTHER

(1974) JELR 63588 (HC)    
High Court  ·  8 Jul 1974 ·  Ghana
 · 
Other Citations
[1974] 2 GLR 197
CORAM
ABOAGYE J.

Ratio Decidendi

Core Terms Beta
applicants
section
appeal
fugitive criminal
order of habeas corpus
court of appeal
decision of the magistrate
extradition act
application
counsel
district magistrate
extension of time
high court
magistrate
decision
extradition proceedings
ground
learned director of public prosecutions
right of appeal
trial
behalf of the applicants
courts act
district court
mr. gyeke-dako
opinion
order
party
prison
second ground of objection
united states
aboagye j.
court
decision of a district magistrate
decision of the district magistrate
director of public prosecutions
false pretences
grounds
hearing of the application
highest court of the land
honour judge andoh
james fort prison
meaningful answer
mr. amarfio
order of the high court
point
prima facie case
second ground of objection mr. amarfio
such further period
sufficient case
warrant of the appropriate commissioner

ABOAGYE J.

On 29 August 1973, his honour Judge Andoh (as he then was), sitting as a district magistrate, committed the applicants to the James Fort Prison to await the warrant of the appropriate commissioner for their surrender to the Government of the United States to stand trial for the offence of fraud by false pretences.

After the committal, the applicants were told of their right under section 11 (1) of the Extradition Act, 1960 (Act 22), to apply for an order of habeas corpus. An application for an order of habeas corpus was accordingly made to the High Court on behalf of the applicants but the order was refused on 20 September 1973 in a ruling reported in [1973] 2 G.L.R. 480. The applicants appealed to the Court of Appeal against the order of the High Court and the appeal was dismissed on 19 June 1974. The applicants did not appeal against the decision of the district magistrate. They have nearly ten months after the magistrate had given his decision applied to this court for an…

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