REPUBLIC v. ATTORNEY-GENERAL AND OTHERS; EX PARTE OWUSU

JUDGMENT OF KORSAH J.

By his motion the applicant seeks the following reliefs:

"(a) an order of certiorari to bring up and quash the report of the second respondents containing adverse findings against the applicant and recommendations for his dismissal from the post of managing director of the Ghana National Trading Corporation by reason of the ¢29 million watch straps affair;

(b) an order of certiorari to bring up and quash the decision of either the government or the third respondent or both purporting to dismiss the appellant from his post of [p.315] managing director of the Ghana National Trading Corporation; and

(c) an order of mandamus directing the applicant's reinstatement forthwith as managing director of the Ghana National Trading Corporation."

The facts leading to the interdiction of the applicant on 23 March 1981, are as stated in the ruling in miscellaneous application No. 113/81. Before his interdiction on 23 March 1981, the chairman of the State Enterprises Commission (SEC) had addressed the following communication to the chairman of the board of directors of the Ghana National Trading Corporation (GNTC) with a copy to the applicant. The letter is dated 20 March 1981:

"Dear Sir,

PURCHASE OF METALLIC WATCH STRAPS STATIONERY/NOVELS AND MOSQUITO NETS

We write to confirm the discussions we had with you this morning in Parliament House concerning some purchases made by the Ghana National Trading Corporation recently.

Our information is that the corporation recently made the following purchases:

Watch straps — ¢29 million

Mosquito netting — ¢2 million

Novels — ¢10 million

If our information is true, then we would like to ascertain the rationale in spending about ¢40 million on only two apparently slow moving items in a trading organisation which is supposed to stock a variety of items. In consequence, we understand the corporation is having difficulty in finding cash to meet other commitments.

As discussed, the commission has decided to request Mr. E. N. A. Thompson, a member of this commission, to carry out some investigations into the purchasing procedures and cash flows of the corporation with particular reference to the purchasing of the above items to enable the commission to advise you and the government.

We have already informed the managing director (i.e., the applicant) verbally of our intentions and we hope we can rely on your co-operation.

Yours faithfully,

(Sgd.) I. D. Ewun-Tohma

CHAIRMAN

[p.316]

cc: Managing D