COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE V. E P CHURCH

JUDGMENT

ASARE KORANG J.

The applicant on 12 June 2000 filed an originating motion on notice for an order compelling the respondent to implement the decision of the applicant dated 19 July 1999 to the effect that:

“The complainants be immediately paid an additional severance award amounting to the difference between the total years service and the eight years’ payment made to them in accordance with article 41 of the 1996 conditions of service of the EP Church, Ghana Employees.”

On the date fixed for the hearing of the application, counsel for the respondent, Mr Saviour Dzikunu, took a preliminary objection raising two main points against the action brought by the applicant. Mr Dzikunu first argued referring to article 218(d)(iii) of the Constitution, 1992 and section 18(1)(ii) of the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456) that the applicant has no cause of action against the respondent because the action should not have been brought in by the applicant,…