FATTAL AND ANOTHER vs. MINISTER FOR INTERNAL AFFAIRS AND ANOTHER [1980]DLHC1579

Date	1980-05-08
Suit No.
Citation No.	[1980]DLHC1579

SOWAH JC

ARCHER JC

ANIN JC

ADADE JC TAYLOR J.S.C.

B. E. KWAW-SWANZY ZWENNES AND BROWN FOR THE APPLICANTS.

MRS. CAMPBELL FOR THE RESPONDENT.

[1980]DLHC1579
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													<main id="main" class="content" style="min-height: 60rem" >FATTAL AND ANOTHER <o:p></o:p>vs. <o:p></o:p>MINISTER FOR INTERNAL AFFAIRS AND ANOTHER<o:p></o:p>[HIGH COURT, ACCRA] <o:p></o:p>[1980] GLR 104<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
8
MAY 1981<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

B. E. KWAW-SWANZY, ZWENNES AND BROWN FOR THE
APPLICANTS.<o:p></o:p>

MRS. CAMPBELL, FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SOWAH, ARCHER, ANIN, ADADE AND TAYLOR
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ARCHER J.S.C.<o:p></o:p>The first
plaintiff, Mohamed Fouad Fattal, was a citizen of the Lebanon by birth until
February 1973 when he renounced his Lebanese nationality and acquired a
Ghanaian citizenship by naturalisation under the Ghana Nationality Act, 1971
(Act 361). The second plaintiff, Mahmoud Fattal, was also a citizen of the
Lebanon by birth until June 1976 when he renounced his Lebanese nationality and
acquired a Ghanaian citizenship by naturalisation under the Ghana Nationality
Act, 1971.<o:p></o:p><o:p>&nbsp;</o:p>In July
1978, while the second plaintiff was outside Ghana undergoing medical
treatment, the first plaintiff was arrested by the Special Branch of the Ghana
Police Force and kept in custody for interrogation in connection with an alleged
non-payment of import duty which, including penalties, amounted to
¢6,339,422.72. Notwithstanding an immediate payment of ¢1,000,000 and seven
post-dated cheques to cover the balance which he made to the Special Branch out
of fear and in the hope that he would be released from detention, the first
plaintiff was kept in custody until 1 August 1978 when the then Supreme
Military Council passed the Ghana Nationality (Amendment) Decree, 1978
(S.M.C.D. 172), which provides:<o:p></o:p>“GHANA
NATIONALITY (AMENDMENT) DECREE, 1978 WHEREAS the persons specified in the
Schedule to this Decree are citizens of Ghana by naturalisation; AND WHEREAS
the Supreme Military Council is satisfied that the said persons have, over the
years engaged in serious trade malpractices and in activities constituting
economic sabotage and subversion of the economy of Ghana contrary to the public
interest; AND WHEREAS the Supreme Military Council is therefore satisfied that
the said persons have by their said acts forfeited their right to continue to
be citizens of Ghana by naturalisation; NOW, THEREFORE, BE IT ENACTED by the
Supreme Military Council as follows:- 1. The persons specified in the Schedule
to this Decree shall cease to be citizens of Ghana by naturalisation and
accordingly any certificates of naturalisation as citizens of Ghana granted to
them are hereby cancelled. 2. This Decree shall be deemed to have come into
force on the 1st day of August, 1978. SCHEDULE MOHAMED FOUAD FATTAL MAHMOUD
FATTAL Made this 1st day of August, 1978. LT.-GENERAL F. W. K. AKUFFO Chairman
of the Supreme Military Council”<o:p></o:p>The
effect of this Decree was to re-confer on the two plaintiffs the status of
aliens. On the next morning, 2 August 1978, the then Commissioner for Internal
Affairs also issued the following executive instruments under section 13 of the
Aliens Act, 1963 (Act 160), ordering the deportation of the two plaintiffs:<o:p></o:p>“EI 144
M. F. FATTAL DEPORTATION ORDER, 1978 WHEREAS in the opinion of the Commissioner
responsible for Internal Affairs the presence in Ghana of M. F. FATTAL, an
alien, is not conducive to the public good. NOW, THEREFORE, in exercise of the
powers conferred on the Commissioner responsible for Internal Affairs by
section 13 of the Aliens Act, 1963 (Act 160) this Order is made this 1st day of
August, 1978. M. F. FATTAL is hereby ordered to leave Ghana on the 2nd day of
August, 1978, and thereafter to remain out of Ghana. B. S. K. KWAKYE
Commissioner for Internal Affairs.” “EI 145 MAHMOUD FATTAL DEPORTATION ORDER,
1978 WHEREAS in the opinion of the Commissioner responsible for Internal
Affairs the presence in Ghana of MAHMOUD FATTAL, an alien, is not conducive to
the public good. NOW, THEREFORE, in exercise of the powers conferred on the
Commissioner responsible for Internal Affairs by section 13 of the Aliens Act,
1963 (Act 160) this Order is made this 1st day of August, 1978. MAHMOUD FATTAL
is hereby ordered to leave Ghana on the 2nd day of August, 1978, and thereafter
to remain out of Ghana. B. S. K. KWAKYE Commissioner for Internal Affairs.”<o:p></o:p><o:p>&nbsp;</o:p>The first
plaintiff was on the same day removed from custody and put on an aircraft
flying outside Ghana. Both plaintiffs have since remained outside Ghana. At the
time of their deportation, the first and second plaintiffs had been normally
resident in Ghana for about 42 and 26 years respectively.<o:p></o:p><o:p>&nbsp;</o:p>