REPUBLIC v. COMMITTEE OF INQUIRY (R. T. BRISCOE (GHANA) LTD.); EX PARTE R. T. BRISCOE (GHANA) LTD.
1975
HIGH COURT
GHANA
CORAM
- ANNAN J. A
Areas of Law
- Administrative Law
- Constitutional Law
- Civil Procedure
1975
HIGH COURT
GHANA
CORAM
AI Generated Summary
R. T. Briscoe (Ghana) Ltd. sought orders of prohibition and certiorari to restrain and nullify actions of a Committee of Inquiry created by Executive Instrument 142 of 1975 under section 26 of the National Redemption Council (Establishment) Proclamation, 1972. The company argued that the instrument unlawfully empowered the committee to determine criminal offences under the Exchange Control Act and related Foreign Exchange Decrees, usurped judicial power reserved to the courts, and violated natural justice. The committee contended that State Proceedings Act section 13 and the Indemnity Decree barred relief and that its mandate was investigative and recommendatory. The court rejected the statutory bars, held supervisory jurisdiction unaffected, construed "offence" in E.I. 142 in a non‑technical sense, and determined the committee had no judicial power nor criminal jurisdiction. Finding the inquiry’s subject matter of public concern and procedures standard, the court dismissed the application and discharged the interim stay.
JUDGMENT OF ANNAN J.A.
This is an application by Messrs. R. T. Briscoe (Ghana) Ltd., hereinafter referred to as the applicant or the company praying for orders of prohibition and certiorari directed to the Committee of Inquiry (R.T. Briscoe (Ghana) Ltd.), hereinafter referred to as the respondent or the committee. The applicant is a limited liability company incorporated under the laws of Ghana and carrying on business within the jurisdiction of the court, as among other things, motor dealers. The respondent is a seven-man committee of inquiry set up by executive instrument 142 of 1975 in exercise of the powers conferred on the Supreme Military Council by section 26 of the National Redemption Council (Establishment) Proclamation, 1972, made on 10 November 1975 with effect from 3 November 1975. Its chairman is a well-known lawyer who holds a public office and among its members are persons who from their designation could safely be said to be public servants including a Deputy Commissioner for Income Tax, the Comptroller of Customs and Excise and a senior state attorney. There is also a lieutenant-colonel and a major of the Armed Forces. The one member, who does not appear on the face of the instrument to hold public office, is described as a chartered accountant.
The reliefs sought in this application are for:
(a) an order of prohibition directed to the respondent committee and the members thereof restraining them from:
(1) assuming or attempting to assume any jurisdiction to determine whether or not the applicant has committed any offence against the exchange control regulations or any other law in force in Ghana;
(2) assuming jurisdiction or attempting to assume jurisdiction to pronounce on the guilt or otherwise of the applicant with respect to any alleged offence under any enactment in force in the jurisdiction of this court; and
(3) assuming or attempting to assume any coercive powers enabling them to call on the applicant to furnish to them information, whether oral, documentary or of any other form, concerning the applicant's business or trading operations, and
(b) an order of certiorari to bring into this court for the purpose of being quashed any proceedings or findings had or made by the respondent committee pronouncing on the guilt or otherwise of the applicant in the terms above-mentioned in so far as the said proceedings or findings are without jurisdiction or constitute an unlawful encroachment on the jurisdiction of this honourable cou