CASTRO DANIEL YAO AHIAMO v. THE ATTORNEY – GENERAL & 2 ORS
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, J.A (PRESIDING)
- KORBIEH, J.A
- TANKO AMADU, J.A
Areas of Law
- Administrative Law
- Employment Law
- Civil Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves the wrongful dismissal of a Ghanaian police officer, who challenged the validity of his dismissal on grounds that the Central Disciplinary Board exceeded its authority. The High Court initially dismissed the plaintiff's motions. Upon appeal, the court concurred that the Central Disciplinary Board acted outside its jurisdiction and thus nullified the dismissal. However, reinstatement was not granted to maintain police discipline. Plaintiff received general damages for unlawful dismissal but was denied special damages due to insufficient evidence.
The plaintiff/appellant in this appeal until his dismissal in July 2008 was a serving police officer with the rank of Lance/Cpl in the Ghana police service.
The 1st defendant is the A.G. who is mandated under article 88 of the 1992 constitution to sue and be sued in respect of matters affecting the state.
He/she shall be responsible for the institution and conduct of civil cases on behalf of the state; and all civil proceedings against the state shall be instituted against the Attorney General as defendant.
The 2nd defendant is the administrative head of the Ghana Police Service while the 3rd defendant is described as a disciplinary body in the Ghana Police Service responsible for institution and prosecution of members of the Ghana Police Service for misconduct and other disciplinary offences.
The plaintiff/appellant (who shall be called plaintiff) alleges that he was promoted to the rank of Lance/Cpl in 2006 and posted to Walewale police station.
Whilst there, a complaint was made against him by the district officer ASP E.S. Fosu resulting in the holding of administrative disciplinary proceedings against him at the instance of the Northern Regional Disciplinary Board by one A.S.P Caesar Abanga.
According to plaintiff while waiting to hear the result of the enquiry from the Northern Regional Disciplinary Board he was served with a letter of dismissal from the Central Disciplinary Board.
Subsequent appeal, to the 2nd defendant the Inspector General of Police against the harsh punishment of dismissal was also dismissed.
The plaintiff therefore issued a writ to declare the dismissal by the Central Disciplinary Board as null and void.
The plaintiff sought an order for his reinstatement with no loss of seniority and an order for the payment of his salary and other benefits from 1st February 2008 to date of his reinstatement inclusive of all upward adjustment in salary to the rank he would have been promoted to had he not been so dismissed from the service.
He also made a demand for special damages equivalent to two years annual gross salary to be assessed per the rank of reinstatement.
He also sought general damages and cost.
The defendants filed one statement of defence in which they admitted almost all the averments of plaintiff in his statement of claim.
In denying paragraph 8 of the statement of claim however, the defendant averred that plaintiff proceeded on 42 days leave on 13th August 2007 without prior authorization from his superior office