[2019]DLHC16445 • August 16, 2019 • High Court
THE REPUBLIC vs. DANIEL DUKU & 5 ORS
The applicant, Daniel Duku, and five others were charged with various offences and admitted to bail by the court. The court ordered the accused persons to deposit their passports with the Registrar and allowed them liberty to apply for passport release for necessary travel outside Ghana. The applicant sought permission to travel to the United States for routine medical checkups and to attend to family medical issues concerning his son's surgery.
read moreRULING Article 21 of the Constitution of Ghana, 1992 provides, inter alia, as follows: “21. (1) All persons shall have the right to … (g) freedom of movement which means the right to move freely in Ghana, the right to leave and to enter Ghana and immunity from expulsion from Ghana. (4) Nothing in, or done under the authority of, a law shall be held to be inconsistent with, or in contravention of, this article to the extent that the law in question makes provision … (b) for the imposition of restrictions, by order of a court, on the movement or residence within Ghana of any person either as a result of his having been found guilty of a criminal offence under the laws of Ghana or for the purposes of ensuring that he appears before a court at a later date for trial for a criminal offence or for proceedings relating to his extradition or lawful removal from Ghana.” [Emphasis mine.] The applicant and six others have been charged with various offences and they have all...