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REPUBLIC V. DIRECTOR OF PRISONS; EX PARTE YEBOAH

(1984) JELR 69291 (CA)

Court of Appeal  •  7 Sep 1984  •  Ghana

Coram
APALOO CJ,EDWARD WIREDU JA ,ANSAH-TWUM J

Appearances
JOHNNY HANSEN FOR THE APPELLANT; MRS JOYCE BAMFORD ADDO AG. DIRECTOR OF PUBLIC PROSECUTIONS (WITH HER SAM BADDOO, CHIEF STATE ATTORNEY AND WILLIAMS ASSISTANT STATE ATTORNEY) FOR THE RESPONDENT.

Judgement

APALOO CJ

On 11 June 1984, his Honour Judge Williams sitting as a district magistrate, in response to a request from the United States Government ordered that the appellant and his female companion be extradited to the United States to face no fewer than fifteen charges of stealing and abetment of stealing—an extraditable crime under section 29 of the Extradition Act, 1960 (Act 22). Pending his surrender, he was ordered to be committed to prison.

The appellant claimed that his imprisonment was unlawful as well as the order for his surrender. He therefore sought from the High Court, an order for his release by the well-known remedy of habeas corpus. In the High Court, the appellant by his counsel challenged the validity of the order surrendering him on a number of legal grounds. Having listened to and considered the very able and detailed submissions made on his behalf, the learned judge felt satisfied that the order for his surrender was well warranted and declined to order his release.

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