2017
SUPREME COURT
CORAM
AI Generated Summary
Mrs. Abena Pokua Ackah, an officer of the Agricultural Development Bank (ADB), challenged the termination of her employment after ADB used a secretly recorded phone conversation she had with journalist Nana Yaw Yeboah about restructuring, personnel transfers, and bonus payments. She applied under Article 33 and Order 67, alleging violations of privacy and free speech and procedural bias, but the High Court dismissed her application and the Court of Appeal affirmed, calling the conversation public. On further appeal, the Supreme Court, per Dotse JSC with concurring opinions by Gbadegbe and Pwamang JJSC, held that “in accordance with law” in Article 18(2) requires judicial scrutiny before privacy is curtailed, found ADB’s disciplinary process biased and contrary to its HR Manual, and recognized Ackah’s right to speak on matters of public concern about a state-owned bank. The Court declared the termination decision null and void, granted relief (i), and awarded GH¢100,000 damages, while refusing certain remedies due to Article 33’s procedural limits and affirming the timeliness of Ackah’s application.
This is an appeal by the Applicant/Appellant/Appellant, hereafter Applicant against the judgment of the Court of Appeal dated the 10th day of April 2014 which affirmed the decision of the trial court in favour of the Respondents/Respondents/Respondents, hereafter, Respondents. This appeal had been filed by the Applicant pursuant to leave granted by this court on 25th/10/2017 as per Amended Notice of Appeal dated 1/11/2017.
Brief Introductory Facts
In order to give very clear understanding of the facts of this case, we wish to commence by a quotation of a letter dated 13th February 2012, which dismissed the Applicant from the employment of the Respondent Bank. This is because, to us, this letter served as the concluding stages of this protracted litigation.
The letter reads as follows:-
“13th February 2012
Mrs. Abena Pokua Ackah
Dear Madam,
GROSS MISCONDUCT – TERMINATION OF APPOINTMENT
We refer to our query to you on the above subject matter dated December 15, 2011, your reply thereto and your subsequent appearance before the Disciplinary Committee of the bank in the company of your lawyer.
We write to inform you that the Board of Directors has directed that your employment with the bank be and is hereby terminated with effect from the date of this letter for gross misconduct and for bringing the name of the bank into disrepute.
You will be paid an amount equivalent to three months basic salary in lieu of notice as well as other benefits due to you in accordance with the terms of your employment less your indebtedness to the bank.
Your entitlements and indebtedness to the bank are as follows:-
Benefits
1. Provident Fund ‘A’ Contribution 6,251.92
2. Provident Fund ‘B’ Contribution 2,078.54
3. Provident Fund ‘C’ Contribution 4,396.80
4. Social Fund
5. Salary in lieu of Notice 12,857.85
6. Pro rated Rent 428.60
7. Leave Days converted to cash 584.45
8. Gross Benefits Payable 26,598.16
INDEBTEDNESS
BALANCE OUTSTANDING AT THE END OF LEAVING ARE:-
9. Car Repair loan 174.96
10. Vehicle loan 152.73
11. Car Insurance loan
12. Personal loan (Amrt) 4,318.11
13. Mortgage 58,981.03
14. Welfare loan 1,749.96
15. Diff in kit allowance 2,946.60
16. Provident Fund ‘B’ contribution
17. Provident Fund ‘C’ contribution
18. Special loan
19. Interest on Fund ‘B’ contribution
20. Interest on Fund ‘C’ contribution
21. Salary in lieu of notice
22. Total indebtedness 68,917.89
23. Net Benefit payable (42,319.73)
On the bas