REPUBLIC
V.
INSPECTOR-GENERAL OF POLICE; EX PARTE ANIAGYEI II

(1976) JELR 63516 (HC)    
High Court  ·  26 Feb 1976 ·  Ghana
 · 
Other Citations
[1976] 1 GLR 394
CORAM
TAYLOR J.
Core Terms Beta
applicant
person
military custody
arrest
regional commissioner
assistant commissioner of police
order
court
military barracks
police cells
inspector-general of police
argument
habeas corpus act
judicial notice
police custody
armed forces
executive powers
exercise of the powers
high court
mr. afreh
special powers
body of the person
executive body
government department
mankrado of akwatia
members of the public
n.r.c.d
provisions of section
statutory corporation
alleged misappropriation of money
c.a. lord green m.r.
detained person
exercise of their judicial function
give effect
habeas corpus
illegal acts
inland revenue commissioners
instructions of the said regional commissioner
judicial authority
koforidua police
legal validity
modern approach
mr. afreh’s arguments
mr. p. k. bamfo
plain language of the enactment
proper exercise
provisions of the habeas corpus act
regional commissioner of the eastern region
respondents produce
said reasons

TAYLOR J.: On 24 February 1976, I ordered that the applicant, Barfour Aniagyei II, the mankrado of Akwatia, then in detention in police cells at Koforidua, be released forthwith from police custody and I reserved my reasons for ordering his release to today. I now proceed to give the said reasons.

The applicant with others, whose applications for habeas corpus were subsequently withdrawn, were involved in alleged misappropriation of money belonging to the Akwatia stool. The case was under investigation by the Koforidua police and the applicants were ordered to be arrested by the Regional Commissioner of the Eastern Region. On arrest they were released but ordered to report to the police. On 6 February 1976 when the applicant reported to the police he was on the instructions of the said Regional Commissioner detained in police cells.

On 11 February 1976, the applicant applied to this court under the provisions of the Habeas Corpus Act, 1964 (Act 244), for a writ of habeas corpus directed…

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