REPUBLIC vs. DIRECTOR OF PRISONS; EX PARTE ALLOTEY & ANOTHER

The United States Government requested the extradition of the two applicants, husband and wife, for trial in New York on offences including fraud by false pretences arising out of cocoa transactions with Camara of Santa Isabella, Equatorial Guinea. The evidence showed that under the business name Stephen & Co., the applicants contracted to buy cocoa at prices above the prevailing market price despite having no capital or expertise, resold the cocoa in the United States, received over US$1 million on the first shipment and further sums on the second shipment, but failed to pay Camara save for part of the second shipment. Evidence also suggested that they diverted the proceeds to their own use, including speculative investments and gambling losses, and sent false assurances of payment. The Circuit Court found a strong and probable presumption of guilt and ordered their committal pending surrender. On this motion against the Director of Prisons, they challenged the validity of the extradition proceedings and sought release. Portion of judgment: opening paragraphs beginning “Some time in February this year, the Government of the United States of America requested…” through the narration of the cocoa transactions, and the concluding statement that “They seek by this motion to question the validity of the proceedings and order and argue for their release.”

Some time in February this year, the Government of the United States of America requested of the Ghana Government the extradition for trial in that country, of the two applicants who are husband and wife. They were accused of a number of offences, the most prominent of which is fraud by false pretences. Accordingly, they were apprehended in this country on a warrant signed by a district magistrate and charged on two counts of fraud by false pretences. Proceedings to extradite them were accordingly commenced before the district court. The proceedings, by order of the Chief Justice, were transferred to the circuit court where they were heard and concluded before Judge Andoh (as he then was) on 29 August 1973. Objection to the extradition of the applicants was taken on a great many grounds, some of law, others of mixed fact and law and others on the facts. In a careful and very painstaking ruling which ran into twenty pages of typescript the learned judge dealt with the points seriatim. I...