REPUBLIC
V.
DIRECTOR OF PRISONS AND OTHERS; EX PARTE WILLIAM OFORI-ATTA AND OTHERS

(1987) JELR 63593 (HC)    
High Court  ·  19 Jun 1987 ·  Ghana
 · 
Other Citations
[1979] GLR 218
CORAM
AGYEPONG J.
Core Terms Beta
e.i.
preventive custody
s.m.c.
instrument
april
persons
n.r.c.d
executive instruments
section
learned director of public prosecutions
mr. joe reindorf
counsel
prejudice
preventive custody decree
release
supreme military council
commencement of this instrument
removal of doubt
said decree
second applicants
authority
common ground
intention of the s.m.c.
marginal notes
question of the validity of e.i.
statutory instruments act
submission
absence of extrinsic evidence
amending instrument
cover persons
date of the promulgation of e.i.
date of the promulgation of that executive instrument
detention of the applicants
earlier acts
earlier time
effect of the preventive custody
exercise of powers
ex parte ibrahim alias telley
express purpose
first meaning
following question
inspector-general of police
intention of the supreme military council
interpretations of the word
mr. gyeke-darko
oxford dictionary
parts of its powers
power of release
statutory provision
valid instrument

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…

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