DIRECTOR OF PRISONS AND OTHERS; EX PARTE WILLIAM OFORI-ATTA AND OTHERS
AGYEPONG J.: After hearing counsel on both sides, I think what I have to decide is: (1) what is the effect of the Preventive Custody (Release) Instrument, 1978 (E.I. 46 of 1978), on the detention of the applicants after the date of the promulgation of that executive instrument? (2) Is the Preventive Custody (Release) (Amendment) Instrument, 1978 (E.I. 66 of 1978), a valid instrument?
It is common ground that the first and second applicants were detained under the Preventive Custody (No. 5) Order, 1978 (E.I. 38), and the third applicant was detained under the Preventive Custody (No. 8) Order, 1978 (E.I. 44). E.I. 38 is dated 5 April 1978, and took effect on the same day. E.I. 44 is dated 20 April 1978, and also took effect on the same day. E.I. 46 is dated 25 April 1978, and took effect forthwith according to paragraph 2 which provides:
“2. For the removal of doubt, and without prejudice to paragraph 1 of this Instrument, all persons held in preventive custody at the commencement of this…