[1957]DLWALR1219 • October 25, 1957
LARDAN vs. ATTORNEY-GENERAL AND OTHERS (No.2)
The Ghana Parliament enacted the Deportation Othman Larden and Amadu Baba Act, 1957, empowering the Minister to deport two named persons, Othman Larden and Amadu Baba. Deportation orders were issued under this Act. Prior to the Act, these persons had initiated legal proceedings challenging the validity of deportation orders made under the Deportation Act, 1957, primarily on the ground that they were Ghanaian citizens and thus not subject to deportation. The new Act included a provision (section 4(2)) that automatically determined any such proceedings impugning the deportation orders and allowed continued custody despite pending court actions.
read moreConstitutional Law-Interpretation of statutes-Whether Act determining proceedings impugning deportation order determined proceedings in which a declaration of citizenship was sought-Deportation (Othman Larden and Amadu Baba) Act, 1957, s. 4 (2). Constitutional Law-Deportation Whether Act empowering deportation of named persons unconstitutional as being discriminatory-Deportation (Othman Larden and Abadu Baba) Act, 1957-Ghana (Constitution) Order in Council, 1957, s. 31 (2). Constitutional Law-Jurisdiction of Supreme Court-Power of Parliament to legislate for "peace, order and good government "-Whether essential validity of legislation open to question by courts-Ghana (Constitution) Order in Council, 1957, s. 31 (1). Following upon the proceedings reported above (Lardan v. A ttorney¬General and Others (No.1), p. 55) the Ghana Parliament passed the Deportation (Othman Larden and Amadu Baba) Act, 1957. By section 4 (2) of this Act all proceedings instituted for the purpose of impugnin....