BENJAMIN MENSAH vs. MINISTRY OF DEFENCE PER MINISTER OF DEFDENCE & 4 ORS

JUDGMENT Background The applicant who is a military officer was accused of absenting himself from work without authority. He was further accused of army recruitment fraud. A complaint was made against the applicant at the police station. The applicant was arrested by the police in Kumasi and he was later handed over to his superiors at the 4BN in Kumasi where he was detained for about 6 months. The applicant was later transferred to his Unit in Wa where he was further detained in the military guardroom. In all, the applicant was detained without trial for over 15 calendar months. The applicant caused his counsel to file habeas corpus at the High court, Wa but irrespective of the orders made by the court, the applicant was not released from military custody. Rather the applicant was transferred from Wa barracks to Tamale Kamina barracks where he was again detained though the High Court Wa had granted the applicant bail. He was not sent to the registry of the court to execute the bail ...