AMPONSAH AND ANOTHER V. MINISTER OF DEFENCE AND ANOTHER IN RE THE PREVENTIVE DETENTION ACT, 1958 AND IN RE AMPONSAH AND ANOTHER AND IN RE AN APPLICATION FOR A WRIT OF HABEAS CORPUS AD SUBJICIENDUM

KORSAH, C.J.: The appellants having been detained under section 2 (1) of the Preventive Detention Act, 1958 applied to Simpson J., sitting in the Divisional Court, Accra, for a writ of habeas corpus ad subjiciendum directed to the Minister of Defence and to the Director of Prisons, to show cause why the said detainees should not be released. The learned judge having refused to make the order prayed for, the instant appeal to this court has been lodged against the Divisional Court’s decision.

Dr. Danquah, counsel for appellants, has objected to this court as presently constituted with van Lare, J.A. as a member thereof. Dr. Danquah submits that this matter being one of two appeals of the same character, the first of which had been disposed of by a court constituted by three judges of whom van Lare, J.A. was one, it is not competent for van Lare J.A. to be a member of this court for the hearing of what counsel describes as the second of the two appeals. Counsel further submits that the …