REPUBLIC vs. DIRECTOR OF PRISONS AND ANOTHER; EX PARTE SHACKLEFORD [1980]DLHC1625

Date	1980-08-08
Suit No.
Citation No.	[1980]DLHC1625

CECILIA KORANTENG-ADDOW J.

B. E. KWAW-SWANZY (NANA AKUFO-ADDO AND THOMPSON WITH HIM) FOR THE APPLICANT.

MISS ASARE-KORANG SENIOR STATE ATTORNEY FOR THE RESPONDENTS.

[1980]DLHC1625
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC <o:p></o:p>vs. <o:p></o:p>DIRECTOR OF PRISONS AND ANOTHER; EX PARTE SHACKLEFORD<o:p></o:p>[HIGH COURT, ACCRA] <o:p></o:p>[1980] GLR 554<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 AUGUST 1980<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 (NANA AKUFO-ADDO AND THOMPSON
WITH HIM) FOR THE APPLICANT.<o:p></o:p>

MISS ASARE-KORANG, SENIOR STATE ATTORNEY FOR THE
RESPONDENTS.<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">

CECILIA KORANTENG-ADDOW J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CECILIA KORANTENG-ADDOW J.<o:p></o:p>The
applicant, by his wife, Elizabeth Shackleford, has applied to this court for a
writ or order of habeas corpus for the purpose of inquiring into the reason for
his detention and ordering his release.<o:p></o:p><o:p>&nbsp;</o:p>The
applicant was a businessman carrying on business in Accra. On 8 June 1979, his
name was mentioned on the radio requesting him to report at the Air Force
Station Burma Camp, Accra and he reported at 1.30 p.m. on that date. What
transpired between the time he reported and 23 October 1979 has been stated in
paragraph 6 of the affidavit in support of the motion sworn to by his wife. To
feel its full effect and get the sequence right, I reproduce the said paragraph
hereunder:<o:p></o:p>“6. That
I am informed by my husband, and I verily believe the same to be true:<o:p></o:p>(a) That
upon reporting to the said station he was severely beaten up and sent to the
guardroom;<o:p></o:p>&nbsp;(b) that later that day, my husband was told
by Flt. Lt. Owusu Fianku that my husband had been brought down to the Air Force
Station to tell his interrogators all that he knew about the late Head of
State; I. K. Acheampong, and other Commissioners of State. (c) that on 18 July
1979, my husband was picked from the Air Force Station Guardroom by Flight
Officer Eben Odoi to the Arrakan Barracks (5 B.N.) where my husband met a team
of interrogators; (d) that the said team of interrogators included the
following, among others: Capt. Sammy Michel, Capt. Victor Okaikoi, Capt. Edmund
Koda, and Flight Officer Eben Odoi; (e) that during the interrogation my
husband was unable to tell the interrogators the business and other activities
of Mr. I. K. Acheampong, Commissioners Feli [sic] Quarshie and Minyilla, and as
a result he was mercilessly beaten up; (f) that after this treatment my husband
was taken back to the Air Force Station Guardroom; (g) that before he was taken
to the guardroom, he was assured by Capt. Victor Okaikoi and Capt. Edmund Koda
that my husband would soon be released from the guardroom to go home; (h) that
in spite of this assurance, my husband remained in the guardroom until 24 July
1979 when my husband was taken from the guardroom to Peduase Lodge where my
husband faced another team of interrogators including, among others Flt.
Officer Eben Odoi and a Mr. Alhassan, Superintendent of Prisons; (i) that
before my husband actually appeared before this team of interrogators, he was
severely beaten up. During this time, my husband heard some of the
interrogators say that as a youngman my husband had no right to make so much
money in business. And the team appeared angry when my husband replied that
there was nothing morally wrong for a youngman to succeed in business unless he
could be proved to have committed unlawful acts in the process; (j) that from
the Peduase Lodge my husband was sent back to Air Force Station Guardroom; (k)
that on 2 August 1979, my husband was picked from the guardroom by Flt. Officer
Eben Odoi and taken to Arrakan Barracks (5B.N.) to meet the team of interrogators,
and that Capt. Koda and Capt. Okaikoi expressed surprise that my husband had
not been released, and they gave further assurance that they would see to his
release forthwith; (l) that my husband was again taken back to the Air Force
Guardroom; (m) that on 7 August 1979 my husband was again taken from the
guardroom and sent to Peduase Lodge to meet another team of interrogators. That
upon telling his interrogators that he was fed up with their treatment of him
and that they could kill him if they chose, my husband was ordered to be marched
off; (n) that my husband was duly marched off and driven back to the Air Force
Station Guardroom; (o) that on 8 August 1979, my husband was sent to the Medium
Security Prison, Nsawam, by Mr. Alhassan, Superintendent of Prisons; (p) that
on 28 August 1979, my husband and Mr. Anane Binfoh were taken to the Ussher
FortPrisons, apparently with a view to their being released from detention; (q)
that shortly after my husband and Mr. Anane Binfoh had been sent to Ussher Fort
Prisons,Accra, Mr. Anane Binfoh was released but my husband continued in
detention; (r) that on 23 October 1979, the Record Officer of the Ussher Fort
Prisons, Accra, called my husband and told him that he had been convicted and
sentenced to a term of three years’ imprisonment; (s) that the said officer did
not tell my husband what court had tried, convicted and sentenced him.<o:p></o:p>Nor was
my husband told where and when he was tried, convicted and sentenced.”<o:p></o:p><o:p>&n</main>