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BENJAMIN NTOW V. GHANA PRISON SERVICE AND ATTORNEY GENERAL

(2022) JELR 114294 (CA)

Court of Appeal  •  H1/207/2020  •  20 Oct 2022  •  Ghana

Coram
M. Welbourne (Mrs) J.A. (Presiding), Bright Mensah J.A., N. Aryene J.A.

Appearances
Adjei Lartey for Plaintiff/Appellant Cecil Adadevoh (CSA) for Defendants/Respondents

Judgement

JUDGMENT

WELBOURNE, J.A: This Appeal emanates from the Judgment of the High Court, Accra dated 27th day of March, 2018.

In this appeal the Plaintiff/Appellant will be referred to as the Appellant, and the 1st and 2nd Defendants/ Respondents will also be referred to as Respondents.

BACKGROUND

The Plaintiff is a serving prison officer with the 1st Defendant institution. The Plaintiff was the gatekeeper at the Sunyani Central Prisons. On the 23rd September, 2014 some prisoners were taken out for outdoor labour during which time one of the inmates serving 25 years IHL escaped. On the day in question, the Plaintiff was the gate keeper and was on duty with his Assistant.

The Plaintiff and some other Prison officers were subsequently arraigned before a disciplinary panel to answer charges against them regarding the incident of that day. The Disciplinary Panel recommended the acquittal and discharge at the end of its hearing; however the 1st Defendant thought otherwise and applied a sanction of re…

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