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MAMA FULANI V. THE REPUBLIC

(1968) JELR 81743 (HC)

High Court  •  12 Sep 1968  •  Ghana

Coram
EDUSEI J.

Appearances
E. Bentsi-Enchill for the appellant. Anson for the respondent.

Judgement
<p style="text-align: justify;"><strong><u>JUDGEMENT OF EDUSEI J.</u></strong></p><p style="text-align: justify;">The appellant was charged with stealing various articles to the value of N¢245.00, the property of one Afua Donkor and was convicted and sentenced to twelve months&#x27; imprisonment with hard labour by the district magistrate grade II sitting at Dompim. The district magistrate recommended the deportation of the appellant after serving his sentence. Against this sentence and particularly the order of deportation the appellant has appealed to this court. It would appear that the district magistrate exercised his powers under the Aliens Act, 1963 (Act 160), in recommending the deportation of the appellant. Section 12 (1) of Act 160 says: &quot;An alien is liable to deportation-(a) if a Court recommendation for his deportation is effective under the following subsection&quot;; and subsection (2) of section 12 also states:</p><blockquote><p style="text-align: justify;"><strong><em>&quot;(2) A court recommendation for the deportation of alien shall be effective for the purposes of paragraph (a) of the preceding subsection if it was made by a cour…</em></strong></p></blockquote>

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