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REPUBLIC V. DISTRICT MAGISTRATE, ASAMANKESE: EX PARTE IDE ZABRAMAH AND OTHERS

(1972) JELR 63574 (HC)

High Court  •  31 Jan 1972  •  Ghana

Coram
QUASHIE-SAM J.

Judgement

QUASHIE-SAM J.: On 19 January 1972 I made an order quashing the order of the District Magistrate’s Court, Asamankese, made on 27 July 1971, recommending deportation of 32 aliens after their trial by the court and reserved my reasons. I now give my reasons for granting the order of certiorari.

The applicant, Ide Zabrama and 31 others were arraigned before the District Court II at Asamankese charged with the following offence as shown in the record of proceedings:

“Being in Ghana without valid documents: Section 12 (1)(e) of Act 160/63. Being in a Prohibited Area without permit: Section 9A (1) and (4) as amended by N.L.C. Decree 259/68 and Regulation 9 (1) [sic.] and 2 (1) of L.I. 612/69 of Act 160/63.”

Though the record of proceedings shows only one statement of offence, it recites two offences, namely, being in Ghana without valid documents and being in a prohibited area without permit. Furthermore the record of proceedings shows no particulars whatsoever in support of the offence or off…

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