KENNETH GYAN KESSE & 87ORS V. THE NATIONAL SECURITY COUNCIL AND THE MINISTRY OF JUSTICE AND OFFICE OF THE ATTORNEY-GENERAL
(2023) JELR 112074 (HC)
High Court
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HR/0009/2022
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16 Jan 2023
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Ghana
Coram
BARBARA TETTEH-CHARWAY (MRS.), J
Appearances
YVONNE CHLOE MESSIBA (S.A.) FOR DEFENDANTS - PRESEN
Judgement
<p class="ql-align-center"><strong><u><span style="background-color: transparent">JUDGMENT</span></u></strong></p><p><strong><span style="background-color: transparent">1] PARTIES</span></strong></p><p><span style="background-color: transparent">The plaintiffs are former employees of the National Security Council; the 1 defendant is the National Security Council, plaintiffs’ former employer, while the 2 Defendant is the Ministry of Justice and Office of the Attorney General.</span></p><p><strong><span style="background-color: transparent">2] FACTS OF THE CASE</span></strong></p><p><strong><u><span style="background-color: transparent">Plaintiff’s Case</span></u></strong></p><p><strong><span style="background-color: transparent">3] </span></strong><span style="background-color: transparent">The plaintiffs’ case is that they were employed by the 1 Defendant between March and August 2001. Their terms and conditions of service were regulated by the Security and Intelligence Agencies Act, 1996 (Act 526) and other General and Departmental Instructions and Administrative Directives of the National Security Council Secretariat.</span></p><p><strong><span style="background-color: transparent">4] </span></strong><span style="background-color: transparent">According to plaintiffs, following the presidential and parliamentary elections held in 2008 which resulted in a change in the political administration in Ghana on 7 January 2009, the Governing Authority of the National Security Council and its Secretariat was changed. Resultantly, the new administration perceived them as political appointees of the previous administ…</span></p>