REPUBLIC
V.
DISTRICT MAGISTRATE, ASAMANKESE: EX PARTE IDE ZABRAMAH AND OTHERS

(1972) JELR 63574 (HC)    
High Court  ·  31 Jan 1972 ·  Ghana
 · 
Other Citations
[1972] 1 GLR 398
CORAM
QUASHIE-SAM J.
Core Terms Beta
act
section
deportation
court
case
charges
face of the record
particulars of offence
particulars
person
prohibited area
aliens act
order
section 9a
accused person
criminal procedure code
deportation of an alien
district court
gross irregularity
record of proceedings
statement of offence
trial court
valid documents
aliens
applicant
case of the commissioner of police v
correctness of such particulars
court of appeal
criminal trials
deportation of the applicants
deportation order
executive instrument order
following offence
hard labour
high court
inter alia
mandatory provisions of section
northumberland compensation appeal tribunal
order of certiorari
order of the district magistrate
particular prohibited area
police sergeant
provisions of that section
pursuance of the full reasons
quashie-sam j.
real danger
record of proceedings shows
similar circumstances
such conditions
support of the offence

QUASHIE-SAM J.: On 19 January 1972 I made an order quashing the order of the District Magistrate’s Court, Asamankese, made on 27 July 1971, recommending deportation of 32 aliens after their trial by the court and reserved my reasons. I now give my reasons for granting the order of certiorari.

The applicant, Ide Zabrama and 31 others were arraigned before the District Court II at Asamankese charged with the following offence as shown in the record of proceedings:

“Being in Ghana without valid documents: Section 12 (1)(e) of Act 160/63. Being in a Prohibited Area without permit: Section 9A (1) and (4) as amended by N.L.C. Decree 259/68 and Regulation 9 (1) [sic.] and 2 (1) of L.I. 612/69 of Act 160/63.”

Though the record of proceedings shows only one statement of offence, it recites two offences, namely, being in Ghana without valid documents and being in a prohibited area without permit. Furthermore the record of proceedings shows no particulars whatsoever in support of the offence or off…

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