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SAMUEL APPIAH AMPOFO V. COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE JUSTICE (CHRAJ)

(2005) JELR 68338 (SC)

Supreme Court  •  REF. NO. J6/3/2004  •  20 Jul 2005  •  Ghana

Coram
ACQUAH C.J.,MISS AKUFFO J.S.C.,DR. TWUM J.S.C,DR. DATE-BAH J.S.C,PROF. OCRAN J.S.C.

Judgement

JUDGMENT

DR. SETH TWUM, J.S.C.

The Defendant, (hereinafter called “the Commission”) investigated a complaint of corruption lodged by Mr. Kweku Baako, Editor of Crusading Guide, against the Plaintiff. At the conclusion of the investigations the Commission made adverse findings against the Plaintiff and made a number of recommendations including.

(a) that Mr. Appiah Ampofo be barred forthwith from holding any public office.
(b) that he should be barred from membership of any Insurance Institution or Association.
(c) that the Attorney-General should consider bringing criminal prosecution against Mr. Appiah Ampofo for corruption.

Even though under Article 218 of the Constitution, if the Commission desires that its recommendations should be enforced, it must apply to the court for appropriate orders, the Plaintiff did not wait for such proceedings to be mounted by the Commission. Rather he issued a Writ of Summons in the High Court and sought a declaration, inter alios, “that the decision of t…

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