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

The case concerns the managing director of the Ghana National Trading Corporation (GNTC) who sought judicial review after his summary dismissal was announced by the government via the Ghana Broadcasting Corporation. Prior to the dismissal, the State Enterprises Commission (SEC), a statutory oversight body under SMCD 10, began an audit-focused investigation into GNTC’s large purchases, including ¢29 million in watch straps, and interdicted the applicant from work. The applicant asked for certiorari to quash the SEC’s report and the dismissal decision, and for mandamus to compel reinstatement, alleging irregular appointment of the SEC, unlawful delegation to a single commissioner, and breaches of natural justice. The court held the SEC had inherent statutory authority to investigate and could assign the audit task to its accountant-member E.N.A. Thompson. It found the audit process required fairness but not full judicial procedure and, crucially, ruled that certiorari does not lie to quash dismissal in a master–servant contract; thus mandamus could not compel reinstatement. The application was dismissed.