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REPUBLIC v. POLICE COUNCIL; EX PARTE KWAGYIRI

1978

HIGH COURT

GHANA

CORAM

  • TAYLOR J

Areas of Law

  • Administrative Law
  • Evidence Law
  • Employment Law

AI Generated Summary

Taylor J. reviewed a police disciplinary matter brought by a Ghana Police Service sergeant via certiorari, challenging proceedings before the Police Council that affirmed his dismissal. The sergeant had been charged under section 17(k) of the Police Service Act for misconduct involving the issuance of conveyance orders and preparation of payment vouchers totaling a2551.25, which he allegedly cashed personally. An inquiry conducted by ASP A. A. Asare, appointed by Inspector-General J. H. Cobbina under section 19(3), returned a guilty verdict and recommended a reduction in rank; the Inspector-General imposed dismissal under section 19(5). On appeal, the Police Council adjourned to gather statements from Mr. Whyte and State Transport Corporation officials, then dismissed the appeal. The certiorari application argued unlawful reliance on hearsay, denial of cross-examination, and invalidity due to the secretarys participation. The court held L.I. 688 applied despite revocation, hearsay may be considered with fair opportunity to comment, and found no breach of natural justice, refusing relief.

JUDGEMENT