HORMEKU v. DIRECTOR OF PRISONS

JUDGMENT OF KORSAH J.

Julius Bessah Hormeku was an employee of the Ghana Prisons Service. His conditions of employment included a provision that in cases of misconduct or unsatisfactory service, disciplinary proceedings shall be conducted against him. Such disciplinary proceedings shall be summary or commence with a written charge preferred against the alleged offender; it shall enable the defendant in formal proceedings to call appropriate witnesses; it shall enable persons to be compellable to give evidence or produce exhibits in formal proceedings; and it shall enable the defendant in any proceedings before the Director of Prisons or other superior prisons officer or before the disciplinary board to appeal to the Prisons Service Board within six weeks against any decision involving the imposition of a penalty and providing that such penalty shall not take effect until the appeal is determined: see section 19 of the Prisons Service Decree, 1972 (NRCD 46).

On 22 July 1980 Julius Bessah Hormeku was at a parade at Wa Prison when the superintendent of prisons handed to him what turned out to be a letter of dismissal signed by the Director of Prisons. The letter reads:

"Dear Sir,

A critical examination of the case preferred against you had revealed that the charges have been established and you are found guilty.

You are accordingly dismissed from the service with immediate effect.

If you wish to appeal to the Prisons Service Council against this penalty, you are at liberty to do so within six weeks from the date of receipt of this letter in accordance with NRCD 46, s. 19 (3)(d)."

Julius Bessah Hormeku claims that before receiving this letter, he had not been summoned to appear at any disciplinary proceedings to answer any of the charges preferred against him. If that is so then the punishment imposed by the Director of Prisons was meted out arbitrarily.

It is obvious to me that the arbitrary exercise of the power to impose punishment is clearly inconsistent with the conditions of [p.357] service insisting on the observance of the audi alteram partem rule at disciplinary proceedings as well as that which gives a right of appeal to a defendant.

In an ordinary case, employers are legally entitled to dismiss their employees provided the relevant facts and the express or implied terms of the relevant contract of employment empower them to do so. If, however, an employer wrongfully dismissed an employee, the employee could maintain an action only to reco