REPUBLIC vs. ASSISTANT DIRECTOR OF PRISONS; EX PARTE DAGOMBA AND OTHERS

JUDGMENT OF AGYEPONG J. The applicants are detainees incarcerated in Nsawam Medium Security Prisons under the Preventive Custody Decree, 1972 (N.R.C.D. 2), s. 2, which provides: “2. The National Redemption Council may, by executive instrument authorise the arrest and detention of any other person in respect of whom they are satisfied that it is in the interest of national security or in the interest of the safety of the person so to do and any such instrument may amend or repeal the Schedule to this Decree.” By section 1 of the said Decree certain named persons, being political figures of the civilian government that was overthrown by the National Redemption Council on 13 January 1972, were to be taken into protective custody. While the detention of the people in section 1 of the Decree was geared towards the stabilisation of the new military government, it is apparent from section 2 that the detention of the people under that section was not geared towards the stabil...