NII KOMMEY ADAMS vs ALHAJI AHMED BEN MAHMOOD, CHIEF INSPECTOR ANKU AND THE ATTORNEY GENERAL

JUDGMENT On 13th December, 2013, the applicant instituted this action per an originating motion supported by an affidavit for the enforcement of his fundamental human rights. The grounds of the application are as follows: i. A declaration that the trial of the applicant before the Cape Coast Circuit Court is an infringement of the applicant’s fundamental human rights. ii. An order of certiorari to quash all the proceedings and all orders made by the trial Cape Coast Circuit Court. iii. An order of prohibition to restrain the respondents particularly the Cape Coast Circuit Court from hearing and determining the said criminal suit. Initially, the register of the Circuit Court, Cape Coast was made a party; and was the 2nd respondent. The application was served on the respondents. A State Attorney in the person of Mary Lilian Agyekum appeared for 2nd and 3rd respondents. The 1st respondent did not appear in the matter. Subsequent to the filing of the application, the a.....