Benjamin Ntow VS Ghana Prison Service & ANOR
2022
COURT OF APPEAL
GHANA
CORAM
- M. Welbourne (Mrs), J.A. (Presiding)
- Bright Mensah, J.A.
- N. Aryene, J.A.
Areas of Law
- Administrative Law
- Employment Law
- Civil Procedure
- Constitutional Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per Margaret Welbourne, J.A.) dismissed the appeal of Sergeant Benjamin Ntow, a gatekeeper at Sunyani Central Prisons, challenging the Director‑General’s reduction of his rank to Corporal after inmate CP Kofi Kontor escaped during external labour. Although a Disciplinary/Board of Enquiry recommended acquittal and discharge, the Director‑General imposed a sanction. The High Court rejected Ntow’s claims; on appeal Ntow argued the judgment was against the weight of evidence and that the Director‑General was bound by the panel’s recommendation and had substituted her own findings. Applying appellate standards (Djin v Musah Baako; Bonney v Bonney; Tuakwa v Bosom) and administrative law principles (Ex parte Yeboah; Article 207(2); NRCD 46; C.I. 93), the Court held the Director‑General possessed ultimate disciplinary authority, Section 18(5) was inapplicable, and the sanction was lawful and fair. Bright Mensah, J.A., and Novisi Aryene, J.A., concurred.
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 reduction of rank of Sergeant to Corporal.
The Plaintiff argues that the basis for the punishment meted out by the 1st Defendant’s Director-General was wrong, misconceived, factually incorrect and totally misplaced, as same was not borne out of the record of proceedings.
At the trial, the Plaintiff sought for the following reliefs; i. An order setting aside the sanction imposed on the Plaintiff by the Director-General of Prisons as being without merit unlawful and unwarranted under NRCD 46 of the Prison Service Decree 1972 and therefore null and void.
An order directed at the 1st Defendant to reinstate Plaintiff to his former position as Sergeant in the Prison Service.
Further order that Plaintiff be paid all the difference in salary when he was reduced from sergeant to corporal with effect from 1st April, 2015 to date of reinstatement.
An order directed to 1st Defendant to promote Plaintiff to the rank of Petty Chief Officer in line with his colleagues and to be paid all salaries and allowances relating.
v. Declaration that the discretionary powers exercised by the Director-General of Prisons in imposing harsher sanction on Plaintiff is ultra vires and not in consonance with Sections 17(2) and 18(5) of NRCD 46 of the Prison Service Act of 1972. The case of the Defendant is that on the 23rd September 2014 Plaintiff was allocated as the main gatekeeper of the Sunyani Central Prison with L/Cpl Daniel Nyarko as his assistant.
On the said date Defendant alleged that the Pla