ISAAC ALORMENU v GHANA COCOA BOARD

PROF. MENSA-BONSU J.S.C. :-

“Not all that tempts the wandering eyes and heedless hearts, is lawful prize; Nor all that glisters gold.

Thomas Gray.

Introduction

This is an appeal from the judgment of the Court of Appeal that arose out of disciplinary proceedings undertaken in defendant company on account

of illicit monies received officials from a contractor on a project. . What transpired evokes images of the age-old conundrum, “If the watchman steals, who shall watch the watchman?”

Facts and background

The plaintiff/respondent was employed by defendant/appellant (hereinafter Plaintiff and Defendant respectively), as an Accounts Clerk Grade II in 1995. He rose through the ranks and was promoted in 2010 to Deputy Accounts Manager with approval of the Board of Directors. On 13th October, 2014, he was promoted to Accounts Manager and transferred from Cocoa Health and Extension Division (CHED) to Seed Production Unit (SPU) (also known as Seed Production Division (SPD)). In the letter granting him promotion from Deputy Accounts Manager and also Accounts Manager and signed by the Chief Executive, it was clearly stated that Terms and Conditions applicable to Managers would apply to him.

Sometime in 2014 the Chief Executive of Defendant Company granted approval for the cultivation of fifty (50) million hydride cocoa seedlings to be raised. This was to be at a total projected cost of GH¢3,000,000.00 for top soil, and GH¢450,000.00 for fuel to convey the top soil to the nursery sites at defendant’s Cocoa Stations. The Executive Director of the SPD was authorized to request for funds to procure the needed materials for the project to allow it to proceed speedily. Subsequently the Management of SPD put in a request for fifty (50) percent of the total amount of

GH¢3,450,000 to be released. Therefore an amount of GH¢1,725,000.00 representing GH¢1,500,000 for top soil and GH¢125,000 for fuel was released.

The Accounts Manager, (i.e. plaintiff), who had responsibility for procurement, was asked to find contractors for the project. He contacted one Mr. Edward Opare, who had previously supplied goods to the company, to put in a bid for the job. He communicated to him that the quotations should reflect the fixed maximum rate of Ghc 300 already approved by Cocoa Board; and also requested to “mobilise” other contractors to put in bids for the exercise. He brought in another contractor, Madam Theresa Adanvor to participate in the bidding process.

As a result of this