Philip Kwame Ahriakpa v. Attorney General
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE LAURENDA OWUSU JUSTICE
Areas of Law
- Employment Law
- Evidence Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sued the Bureau of National Investigations (BNI) for wrongful termination, claiming wrongful dismissal while employed and seeking reinstatement and damages. The Plaintiff was accused of submitting false documents and impersonating his cousin, Philip Kwame Ahiakpa, to obtain a job upgrade. The Defendant stated that the Plaintiff was found guilty of misconduct by a trial panel. The Court held that the Plaintiff impersonated Philip Kwame Ahiakpa and provided inconsistent birth dates. The Court justified the Plaintiff's dismissal and denied his claims for reinstatement and damages. The case involved multiple references to legal principles pertaining to the standard and burden of proof in civil cases.
The Plaintiff herein issued out this Writ of Summonsagainst the Defendant for the following: a. Wrongful removal from office.
b. Reinstatement at the BNI.
c. Arrears of salaries to date.
d. Damages for loss of employment from date of dismissal.
e. Costs.
THE PLAINTIFF’S CASE Plaintiff sets out his case in an amended Statementof Claim and his Evidence in Chief contained in hisWitness Statement filed on the 26th of October, 2015. According to the Plaintiff, until his wrongfulremoval from office he was employed by the Bureau of National Investigations (BNI) as a securityassistance.
Desirous of upgrading his position to that of anelectrician, Plaintiff claimed that he applied andwas later requested to submit his documents for theupgrading however on 19th April 2011 he received aquery from the Director of BNI accusing him ofsubmitting a false testimonial, birth certificate andBasic Education Certificate Examination (BECE)certificate which he denied.
According to him, aCommittee was set up to investigate the accusationslevelled against him and he was later dismissed bythe BNI for impersonating one Philip Kwame Ahiakpa.
THE DEFENDANT’S CASE By an amended Statement of Defence, the Defendantmaintained that the Plaintiff whilst under theemployment of the BNI tried unsuccessfully to usedocuments of one Philip Kwame Ahiakpa to upgradehimself to a field desk officer at the BNI.
Accordingto them, the Trial Panel set up to investigate thisissue found Plaintiff to be dishonest and thereforeguilty of misconduct in accordance with Section 76(1) (d) of the Civil Service Law 1993 (PNDCL 327)and prayed that this action be dismissed.
ISSUES SET DOWN FOR TRIAL On the 14th of July 2016, this Court differentlyconstituted set down the following issues andadditional issues as the issues for trial: a. Whether or not Defendant impersonated another person bearing the name ‘Philip Kwame Ahiakpa’. b. Whether or not Defendant Bank wrongfully terminated plaintiff’s employment.
c. Whether or not Plaintiff is entitled to his claims. d. Any further or issues raised by the pleadings of this suit.
ADDITIONAL ISSUES a. Whether or not the Plaintiff herein is the same person who sued the BNI and lost the suit at the Human Rights Court on the same issues as in the present matter in a case entitled: “In The Matter of The Republic Vs. 1. The Director of the Bureau of National Investigations (BNI) Ex Parte Moses Ahiakpa andin the matter of an application for an Order ofCertiorari to Quash