This writ, is at the instance of the Plaintiff, a private Legal Practitioner and filed pursuant to article 2 (1) and 130 of the Constitution 1992 seeking the following relief:-
“On a true and proper interpretation of article 19 (11) and article 14 of the Constitution of Ghana 1992, section 104 (4) of the Criminal and other Offences (Procedure) Act, 1960 (Act 30), is inconsistent with the said articles and therefore unconstitutional.”
CONSTITUTIONAL PROVISIONS RELIED UPON
At this stage, I think it is pertinent to consider the constitutional and statutory provisions that are germane to this action.
Article 19 (11) of the Constitution 1992 provides as follows:-
“No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law.”
Article 14 (1) of the Constitution 1992 also provides thus:
(1) “Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except …