REPUBLIC vs. DISTRICT MAGISTRATE GRADE 1, TARKWA; EX PARTE PANYIN III AND OTHERS

JUDGMENT OF TWUMASI J. Pursuant to leave granted by this court on 7 September 1981, this court was moved on 9 November 1981 by Mercer, counsel for the applicants, for the orders of certiorari and prohibition to issue against a certain criminal summons issued by the District Magistrate Grade 1, Tarkwa, dated 13 August 1981 and all orders made in connection therewith particularly the orders dated 12 and 25 August 1981. Under section 22 (1) of the Criminal Procedure Code, 1960 (Act 30), it is provided that: “Whenever a District Magistrate is informed on oath that any person is likely to commit a breach of the peace or disturb the public peace, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public peace, the Magistrate may require him to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period as the Magistrate thinks fit.” Section 24 of Act 30 provides that whenever it is ...