[1980]DLHC1579 • May 8, 1980 • High Court
FATTAL AND ANOTHER vs. MINISTER FOR INTERNAL AFFAIRS AND ANOTHER
The plaintiffs, originally Lebanese citizens, acquired Ghanaian citizenship by naturalisation in 1973 and 1976 respectively. In July 1978, the first plaintiff was arrested in connection with alleged import duty evasion. Despite partial payment and postdated cheques, he was detained. On 1 August 1978, the Supreme Military Council enacted S.M.C.D. 172 cancelling their naturalisation certificates, effectively rendering them aliens. Deportation orders were issued, and the plaintiffs were deported. They had been resident in Ghana for approximately 42 and 26 years respectively prior to deportation.
read moreJUDGMENT OF ARCHER J.S.C. The first plaintiff, Mohamed Fouad Fattal, was a citizen of the Lebanon by birth until February 1973 when he renounced his Lebanese nationality and acquired a Ghanaian citizenship by naturalisation under the Ghana Nationality Act, 1971 (Act 361). The second plaintiff, Mahmoud Fattal, was also a citizen of the Lebanon by birth until June 1976 when he renounced his Lebanese nationality and acquired a Ghanaian citizenship by naturalisation under the Ghana Nationality Act, 1971. In July 1978, while the second plaintiff was outside Ghana undergoing medical treatment, the first plaintiff was arrested by the Special Branch of the Ghana Police Force and kept in custody for interrogation in connection with an alleged non-payment of import duty which, including penalties, amounted to ¢6,339,422.72. Notwithstanding an immediate payment of ¢1,000,000 and seven post-dated cheques to cover the balance which he made to the Special Branch out of fear and in the hope th.....