REPUBLIC vs. INSPECTOR-GENERAL OF POLICE AND ANOTHER EX PARTE; IBRAHIM ALIAS TELLEY

JUDGMENT OF TAYLOR J. I have had considerable difficulty with this case involving as it does in my opinion a novel constitutional issue of great complexity. In exercise of resolving the matter I had great assistance in the able and painstaking argument of counsel on both sides. The central issue itself is quite simple. On 9 December 1975, the applicant herein through his counsel moved this court ex parte for leave to apply for an order of habeas corpus directed to the Inspector-General of Police and the Director of of Prisons to show cause why he, the said applicant held in alleged unlawful detention at the Nsawam Medium Security Prisons since 5 December 1975, should not be released from custody. The application came before me on 10 December 1975. After a series of adjournments the application was heard on 15 December 1975 and on that date I granted leave to the applicant to apply for the order of habeas corpus. The applicant on the same day filed his motion paper and supporting aff...