REPUBLIC V. COMMANDING OFFICER OF THE THIRD BATTALION OF INFANTRY, GHANA ARMY; EX PARTE KWAKU AND ANOTHER
(1974) JELR 84818 (HC)
High Court
•
19 Nov 1974
•
Ghana
Coram
OSEI-HWERE J.
Appearances
Afrifa for the applicants Agbanu, Senior State Attorney, for the respondent.
Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>OSEI-HWERE J.</strong> </p><p style="text-align: justify;">Upon an application made to the court under the Habeas Corpus Act, 1964 (Act 244), on 8 November 1974, I ordered that the Commanding Officer of the Third Battalion of Infantry, Ghana Army, Sunyani, do produce the bodies of the applicants before this court on Monday, 11 November 1974 and I further ordered that the said Commanding Officer should submit a report in writing stating the grounds for the detention of the applicants. By Monday, 11 November 1974, my orders had not been served on the respondent and so the application was adjourned to 13 November 1974. The matters which were put before the court upon which I made those orders are contained in an affidavit sworn to by one Samuel Adusei Abebrese, the salient portions of which are as follows:</p><blockquote><p style="text-align: justify;">"3. That on 12 October 1974, one Captain Braimah of the Third Battalion of Infantry, Sunyani, caused the arrest of Bernard Kwaku who has since the said date been detained at the Liberation Barracks of the Third Battalion o…</p></blockquote>