GH - DO II EMMANUEL QUAYE VS GHANA NATIONAL FIRE SERVICE COUNCIL & ANOR

The Applicant/Respondent herein on 6th November, 2014, filed a motion on notice, pursuant to Article 33 of the Constitution of the Republic of Ghana 1992, for the enforcement of his human rights against the Respondents for the following reliefs: (1) An order of certiorari to quash the decision of the Ghana National Fire Service Council to withdraw Applicant’s promotion from the rank of DO II to DO III with all its ancillary directives.

A declaration that the withdrawal of Applicant’s promotion from the rank of DO III by virtue of a letter dated 17th October, 2014 without following properly laid down procedure in the Fire Service Disciplinary Regulations, 2003(L. I. 1725) is illegal, unlawful, null, void and of any no effect and also against his fundamental human rights enshrined in the 1992 Constitution.
An order directed at the GNFS acting through the 1st Respondent to compensate Applicant with a reasonable sum of money for unlawful withdrawal of Applicant’s promotion from DO II to DO III.
Damages for unlawful withdrawal of Applicant’s promotion from DO II to DO III, embarrassment and public ridicule that visited the Applicant by virtue of an unlawful act of withdrawal of his promotion.
Any other order(s) as this Honourable Court may deem fit in accordance with the enforcement of fundamental human rights of the Applicant.

The Application was followed up with a supplementary and further supplementary affidavit filed on 17th February, 2015, and 2nd February, 2016, respectively, in support of the Application.

On 2nd February, 2016, the first Respondent filed an affidavit in answer to the Application.

On 18th January, 2016, the second Respondent by a motion on notice sought to be non- suited.

Counsel for the second Respondent/Applicant argued that on the totality of Order 67 of the High Court (Civil Procedure) Rules, 1947, C. I. 47 and especially with regard to Applications based on alleged human rights violations, it is only the person directly in alleged violation of the Applicant’s human rights who should be made a party to the suit.

That the Attorney General, being the principal legal advisor to state institutions shall be notified of the Application, in accordance with Order 67 Rule 3 of C. I. 47. That Order 67 does not provide that the Attorney General be made a party to the suit.

Counsel for the Applicant/Respondent, on point of law, countered the above submissions as follows: That per Article 190 of the Constitution of the Republ

A declaration that the withdrawal of Applicant’s promotion from the rank of DO III by virtue of a letter dated 17th October, 2014 without following properly laid down procedure in the Fire Service Disciplinary Regulations, 2003(L. I. 1725) is illegal, unlawful, null, void and of any no effect and also against his fundamental human rights enshrined in the 1992 Constitution.
An order directed at the GNFS acting through the 1st Respondent to compensate Applicant with a reasonable sum of money for unlawful withdrawal of Applicant’s promotion from DO II to DO III.
Damages for unlawful withdrawal of Applicant’s promotion from DO II to DO III, embarrassment and public ridicule that visited the Applicant by virtue of an unlawful act of withdrawal of his promotion.
Any other order(s) as this Honourable Court may deem fit in accordance with the enforcement of fundamental human rights of the Applicant.

The Application was followed up with a supplementary and further supplementary affidavit filed on 17th February, 2015, and 2nd February, 2016, respectively, in support of the Application.

On 2nd February, 2016, the first Respondent filed an affidavit in answer to the Application.

On 18th January, 2016, the second Respondent by a motion on notice sought to be non- suited.

Counsel for the Applicant/Respondent, on point of law, countered the above submissions as follows: That per Article 190 of the Constitution of the Republ

DO II EMMANUEL QUAYE VS GHANA NATIONAL FIRE SERVICE COUNCIL & ANOR

Areas of Law

RULING