[1967]DLCA1543 • April 3, 1967 • Court of Appeal
STATE vs. GENERAL OFFICER COMMANDING THE GHANA ARMY; EX PARTE BRAIMAH
The respondent, Yusufu Iteriba Aminu, a Nigerian national residing in Ghana, was arrested by army authorities on suspicion of theft under the Law Enforcement Powers of the Army Decree, 1966 (N.L.C.D. 109). The Attorney-General consented to his detention for 28 days starting 4 January 1967, and subsequently renewed this consent for another 28 days starting 1 February 1967. The respondent challenged the legality of the second detention period, arguing the Attorney-General lacked power to consent to further detention after the initial 28 days expired.
read moreJUDGMENT OF AKUFO-ADDO C.J. Akufo-Addo C.J. delivered the judgment of the court. This is an appeal by the General Officer Commanding the Ghana Armed Forces against an order of Anterkyi J. in the High Court, Accra, granting the respondents’ (Yusufu Iteriba Aminu’s) application for a writ of habeas corpus and ordering his release from custody. The appeal came before us on 3 March when after hearing counsel’s argument we allowed it, reversed the order of Anterkyi J. aforesaid and reserved our reasons for the judgment. The respondent, a Nigerian national resident in Ghana, was arrested on 3 January 1967 by the army authorities on suspicion Of having committed the offence of stealing. The army authorities acted in pursuance of the provisions of the Law Enforcement (Powers of the Army) Decree, 1966 (N.L.C.D. 109), which gave to the army authorities the same powers of arrest and prosecution as are vested in the police under the Criminal Procedure Code, 1960 (Act 30), the Police Serv...