Customer Support

THE REPUBLIC
V.
THE DIRECTOR OF PRISONS & THE ATTORNEY GENERAL EX-PARTE: MAXWELL PETERS

(2020) JELR 107797 (HC)

High Court 26 May 2020 Ghana
BriefBot icon

BriefBot Summary

Free

- The Applicant filed a Habeas Corpus application seeking discharge and release from custody. - The application was brought under the Extradition Act, 1960 and the High Court (Civil Procedure) Rules, 2004. - The court's duty is to determine

Case Details

Suit Number:HR/009/2019
Judges:JUSTICE GIFTY AGYEI ADDO
Counsel:ALIDU MOHAMMED FOR THE APPLICANT. NANCY ADADE (A.S.A) FOR THE RESPONDENTS

JUDGMENT 

INTRODUCTION 

On 22nd November, 2018, the Applicant herein, Maxwell Peters also known as Maxwell  Atugba Abayeta filed the instant Habeas Corpus application praying for an order of  discharge and release from “unlawful” custody. The application was brought under  Section 11(1) of the Extradition Act, 1960 (Act 22) as amended and Order 56 of the  High Court (Civil Procedure) Rules, 2004 (C.I. 47).  

Upon service of the application on the Respondent, the Respondent filed a Report in  response to the Application on 19th December 2018. This triggered a supplementary  affidavit in response to the report filed by the Respondent on 24th May, 2019. The  Respondent had also previously filed what is described as a “Supplementary affidavit  in opposition in response to the affidavit in support” on 14th February, 2019.  

This Court ordered both parties to file their written submissions on the issues raised in  the application and same was complied with. 

I must state from the onset that i…

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 77,000 cases, recent judgments, statutes, and rules of court.