[2008]DLHC7084 • April 14, 2008 • High Court
ADONGO PROSPER vs. REGIONAL POLICE COMMANDER, TAMALE AND THE PRINCIPAL STATE ATTORNEY, AG’S DEPARTMENT, TAMALE
The applicant, Adongo Prosper, was arrested on 7th January 2008 in Tamale alongside Janet Akwaboa, suspected of a crime allegedly committed in Cape Coast. He was detained until 9th January 2008, during which he alleged severe beating and degrading treatment by the police, resulting in pain and hospital attendance. He denied committing any crime in Cape Coast and sought an injunction restraining the police from arresting or handing him over to Cape Coast authorities without due process, as well as damages for inhuman treatment.
read moreBy his motion on notice for judicial review brought under Order 55 of the High Court (Civil Procedure) Rules 2007, CI 47 rules 1, 3 and 4, the applicant is seeking an order of “INJUNCION RESTRAINING the 1st Respondent from arresting the Applicant from the Northern Region and handing him over to the Central Regional Police until the due process of the law has been followed” is also claiming damages and compensation for degrading treatment. In his affidavit in support of the motion, the applicant however went on to depose that he was infact arrested on 7th January 2008, and detained in cells until 9th January 2008, during which he alleged he was subjected to severe beating as well as degrading and inhuman treatment resulting in his experiencing pains which necessitated his attendance at hospital. He then denied having committed ay crime at Cape Coast and concluded that in the circumstances, it would be contrary to law and an infringement of his human rights, if the Tamale police we...