MEKKAOUI vs. MINISTER OF INTERNAL AFFAIRS [1980]DLSC1605

Date	1980-06-26
Suit No.
Citation No.	[1980]DLSC1605

SOWAH JSC

ARCHER JSC

CHARLES CRABBE JSC

ADADE JSC

TAYLOR J.S.C.

B. E. KWAW-SWANZY E. D. KOM AND G. THOMPSON FOR THE PLAINTIFF.

C. H. A. TETTEH SOLICITOR-GENERAL FOR THE DEFENDANTS.

[1980]DLSC1605
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													<main id="main" class="content" style="min-height: 60rem" >MEKKAOUI <o:p></o:p>vs. <o:p></o:p>MINISTER OF INTERNAL AFFAIRS<o:p></o:p>[SUPREME COURT, ACCRA] <o:p></o:p>[1980] GLR 664<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:
26
JUNE 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, E. D. KOM AND G. THOMPSON FOR
THE PLAINTIFF.<o:p></o:p>

C. H. A. TETTEH, SOLICITOR-GENERAL, FOR THE
DEFENDANTS.<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, CHARLES CRABBE, ADADE
AND<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF CHARLES CRABBE J.S.C.<o:p></o:p>(The
judgment of his lordship was read by Archer J.S.C.). The plaintiff was a
Lebanese by birth. He was born on 29 October 1930, at Tripoli, in the Lebanon.
He has been resident in Ghana for the past 24 years. He came to the Gold Coast
in 1956. In June 1976, he lawfully acquired citizenship of Ghana by
naturalisation. The naturalisation was acquired under the terms of the Ghana
Nationality Act, 1971 (Act 361). This was after the plaintiff had necessarily
renounced his Lebanese nationality by birth. He claims that he thus acquired
the protection and rights conferred by the Act, as well as by treaties governing
the status of citizens and naturalised persons to which the Government of Ghana
is a party.<o:p></o:p><o:p>&nbsp;</o:p>On or
about 3 January 1980, a public announcement, purporting to emanate from the
Ministry of Internal Affairs, was read on Radio Ghana. Certain persons,
including the plaintiff, were requested to report by 14 January 1980, to the
Chief Immigration Officer of the Ministry of Internal Affairs with their
passports. The announcement was published in the national newspapers on 4
January 1980. On the faith of that announcement, the plaintiff handed over his
passport to the Chief Immigration Officer. In return, he was given a letter
which, in effect, informed him that he had ceased to be a citizen of Ghana by
naturalisation, on the strength of the Ghana Nationality (Amendment) Decree,
1979 (A.F.R.C.D. 42). That Decree purported to deprive certain persons of their
citizenship by naturalisation. He was among those affected. He had to leave
Ghana by 21 January 1980.<o:p></o:p><o:p>&nbsp;</o:p>He stated
further that on 26 September 1979, he was arrested by officers of the Ghana
Police Force. He was incarcerated at the Legon Police Station cells. In October
1979, while still under arrest, he was informed that he was to be deported
because his citizenship of Ghana by naturalisation had been revoked by the
Armed Forces Revolutionary Council. An order of habeas corpus, issued on 2
October 1979, by the High Court of Justice, Accra, led to his unconditional
release by the police.<o:p></o:p><o:p>&nbsp;</o:p>On 21
January 1980, he appeared before the Implementation Committee, set up by the
government, of which the first defendant was the chairman and the second
defendant a member. The committee declared that the government was committed to
implementing A.F.R.C.D. 42, but that he should apply for an extension of the
time permitted for him to reside in Ghana. Following this meeting, he called on
the Chief Immigration Officer for the necessary extension. He was informed by
the officials that there was no possibility of any extension of time as he was
no longer a citizen of Ghana nor a citizen of any known country. He had been
rendered stateless. Hence this action, seeking a declaration:<o:p></o:p>“(a) That
the Ghana Nationality (Amendment) Decree, 1979 (A.F.R.C.D. 42), in so far as it
purports to deprive the plaintiff of his status as a citizen of Ghana by
naturalisation without obtaining a judicial order of the High Court of Justice
in that behalf: (1) is ultra vires the powers conferred on the Armed Forces
Revolutionary Council; (2) is null and void and of no effect whatever as being
contrary to law and in particular to the Armed Forces Revolutionary Council
(Establishment) Proclamation, 1979, and the Constitution, 1969, of the Republic
of Ghana; (3) is inconsistent with or in contravention of the provisions of
chapters 5, 6, 9 and 12 of the Constitution, 1979, of the Republic of Ghana.
(b) That the said A.F.R.C.D. 42 was published after 24 September 1979, and is
therefore null and void and of no effect whatever.<o:p></o:p>&nbsp;(c) That the said A.F.R.C.D. 42 is not an
executive, legislative or judicial Act of the Armed Forces Revolutionary
Council which assumed the reins of government on 4 June 1979 and vacated office
or ceased to exist on 24 September 1979. (d) That the plaintiff is a citizen of
Ghana by naturalisation, the Ghana Nationality (Amendment) Decree, 1979
</main>