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FUNDAMENTAL HUMAN RIGHTS
ENFORCEMENT (PROCEDURE) RULES,
1971 (CI 21)
ARRANGEMENT OF SECTIONS
Section
1. Application of Rules.
2. Manner of Application.
3. Time for Submitting
Application.
4. Answer.
5. Evidence.
6. Appearance of Counsel, etc.
7. Court to Issue Directions,
Orders, etc.
8. Appeal to Court of Appeal.
9. Notice of Appeal.
10. Service of Notice of Appeal.
11. Appeal to Supreme Court.
12. Enactments Relating to Civil
Proceedings to Apply to
Proceedings under these Rules.
13. Supreme Court, Court of Appeal
and High Court to give Directions.
IN exercise of the powers
conferred on the Rules of Court
Committee by clause (4) of article
28 of the Constitution these Rules
are made this 3rd day of July,
1971.
Rule 1—Application of Rules.
(1) These Rules shall apply where
any person alleges that any of the
provisions of articles 12 to 27 of
the Constitution has been, or is
being or is likely to be
contravened in relation to him.
(2) Such a person may apply to the
High Court of Justice (in these
Rules referred to as "the Court")
for redress.
Rule 2—Manner of Application.
(1) A person applying to the Court
for redress shall submit four
copies of a petition in that
behalf signed by him or by his
counsel.
(2) The petition shall state—
(a) the full name and address of
the petitioner;
(b) the matter which he requires
the Court to determine;
(c) the grounds for such request
and the law, if any, on which the
request is based;
(d) details of any facts in
support of his case; and
(e) such other matters as the
Court may direct.
(3) A copy of the petition shall
be served on the Attorney-General
and on such other persons as the
Court may direct.
Rule 3—Time for Submitting
Application.
A
petition under Rule 2 of these
Rules shall be submitted to the
Registrar of the Court within
fourteen days after the alleged
contravention:
Provided that in the case of a
continuing contravention the
petition may be submitted at any
time before the expiration of
fourteen days from the termination
of the contravention.
Rule 4—Answer.
(1) Any person upon whom a
petition is served under Rule 2
(3) of these Rules shall within
fourteen days after service upon
him of the petition, submit to the
Court an answer to the petition
which shall be served on the
Attorney-General, the petitioner
and such other persons as the
Court may direct.
(2) The answer shall state details
of any facts and the law, if any,
on which the person submitting the
answer relies in support of his
case as well as such other matters
as the Court may direct.
Rule 5—Evidence.
(1) Any party to the proceedings
shall. be entitled to call any
witness in support of his case.
(2) The Court may call any witness
whose evidence is, in the opinion
of the Court, likely to be
relevant to the proceedings before
it.
(3) The Court may also receive
evidence by affidavit.
Rule 6—Appearance of Counsel, Etc.
Any party to the proceedings or
any person on whom the petition is
served under Rule 2 (3) of these
Rules shall be entitled to appear
in person or by counsel.
Rule 7—Court to Issue Directions,
Orders, Etc.
The Court shall issue such
directions, orders or writs or
orders in the nature of habeas
corpus, certiorari, mandamus,
prohibition or quo warranto as it
may consider appropriate for the
purposes of enforcing or securing
the enforcement of any of the
provisions of the said articles 12
to 27 of the Constitution to the
protection of which the petitioner
is entitled.
Rule 8—Appeal to Court of Appeal.
Any person aggrieved by a decision
of the Court may within ten days
after such decision appeal to the
Court of Appeal.
Rule 9—Notice of Appeal.
(1) An appeal under Rule 8 of
these Rules shall be brought by
notice filed in the Court which
shall set forth the grounds of
appeal and state the nature of the
relief sought and the names and
addresses of all persons directly
affected by the appeal.
(2) Sufficient number of copies of
the notice shall be supplied to
the Registrar for use by the Court
and for service under Rule 10.
Rule 10—Service of Notice of
Appeal.
The Registrar of the Court shall
after the notice of appeal has
been filed cause to be served a
copy thereof upon such of the
persons mentioned in the notice of
appeal.
Rule 11—Appeal to Supreme Court.
Any person aggrieved by any
decision of the Court of Appeal
under these Rules may in pursuance
of clause (3) of article 28 of the
Constitution appeal from such
decision to the Supreme Court
within thirty days after the
decision.
Rule 12—Enactments Relating to
Civil Proceedings to Apply to
Proceedings under these Rules.
(1) Subject to these Rules, any
enactment for the time being in
force and applicable to the
conduct of civil proceedings
before the High Court of Justice
shall, with such modifications as
the Court may determine, apply to
proceedings under these Rules
before it.
(2) Subject to these Rules, any
enactment for the time being in
force and applicable to the
conduct of civil appeals before
the Supreme Court or the Court of
Appeal shall apply respectively to
appeals under these Rules before
any such Court and subject to such
modifications as that Court may
determine.
Rule 13—Supreme Court, Court of
Appeal and High Court to give
Directions.
The Supreme Court, the Court of
Appeal and the High Court shall
each have power to give such
directions in respect of
proceedings brought before it
under these Rules as the justice
of the case may require.
E. A. L. BANNERMAN
Chairman
G. S. LASSEY
Justice of Appeal, Member
NENE AZZU MATE KOLE
Councillor of State, Member
JAMES MERCER
Member
SIMON K. SOTOMEY
Member
S. K. TETTEH
Member
KOI O. LARBI
Justice of the Supreme Court,
Member
VICTOR OWUSU
Attorney-General, Member
R. J. HAYFRON-BENJAMIN
Justice of the High Court, Member
J. QUASHIE-IDUN
Member
JOE REINDORF
Member
E. S. AIDOO
Judicial Secretary, Secretary
Date of Gazette Notification: 21st
July, 1971.
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