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HORMEKU v. DIRECTOR OF PRISONS

June 16, 1981

HIGH COURT

GHANA

CORAM

  • ROGER KORSAH J

Areas of Law

  • Constitutional Law
  • Employment Law
  • Administrative Law

AI Generated Summary

This case concerns the dismissal of Julius Bessah Hormeku, a Ghana Prisons Service officer, by the Director of Prisons via a letter delivered at a Wa Prison parade, declaring him guilty and terminating his service with immediate effect. Hormekus conditions of employment under section 19 of NRCD 46 require formal disciplinary procedures, including a written charge, the ability to call witnesses and compel evidence, and a right of appeal to the Prisons Service Board, with penalties stayed pending appeal. Justice Korsah held that dismissing him without such proceedings violated audi alteram partem and contradicted constitutional protections for public officers, who may not be punished without just cause and are entitled to serve until age 60. Distinguishing ordinary wrongful dismissal from constitutionally grounded unjust dismissal, the court concluded the termination was ultra vires NRCD 46 and unjust, granted a declaration of nullity, and awarded costs of a21,000.

JUDGMENT