[2017]DLHC3835 • March 30, 2017 • High Court
EDMUND ADDO vs. THE ATTORNEY-GENERAL AND INSPECTOR GENERAL OF POLICE
The applicant, Edmund Addo, was arrested and charged with defilement and child pornography offenses. The police seized his laptop and mobile phone, which they sought to access without a court-issued search warrant. The applicant contended that this violated his fundamental rights, including privacy, property, fair trial, and education, as the seizure and police attempts to access the devices hindered his university studies and infringed on his rights.
read moreBy an originating application on notice filed on 13 – 6 – 2016, Edmund Addo of Accra seeks the enforcement of his fundamental human rights and freedoms in the nature of the rights to privacy, property, fair trial and education. The Applicant couches the prayers he seeks in the following form: “a. Adjudge and declare that the Applicant’s rights to privacy, property, fair trial and education have been, are being or are likely to be violated by the Respondent; b. Make an order: i. Restraining the Respondents from further interfering with or violating the above-mentioned rights of the Applicant; and, ii. For the immediate return of the said laptop and mobile phone to the Applicant or in the alternative for the deposit of the same with the trial court; and c. Provide any other remedies that the Honourable Court deems fit.” Accordingly, this application seeks to resolve the issue as to whether, after having seized the mobile phone and laptop of a criminal...