REPUBLIC v. STATE FISHING CORPORATION COMMISSION OF ENQUIRY (CHAIRMAN); EX PARTE BANNERMAN
1967
HIGH COURT
GHANA
CORAM
- EDUSEI J
Areas of Law
- Administrative Law
- Civil Procedure
- Employment Law
1967
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case arises from the National Liberation Councils creation of a Commission of Enquiry to investigate the State Fishing Corporation, and a subsequent attempt by the commissions chairman, S. A. Wiredu, to suspend distribution marketing manager V. O. Bannerman by letter dated 26 June 1967. After hearings in which witness Samuel Kingsley Moses alleged Bannerman had stolen 1,100 cartons of fish, the chairmans letter tried to remove Bannerman from duty. Bannerman sought certiorari and prohibition. Justice Edusei held that the commissions act, though styled administrative, engaged judicial functions and therefore required compliance with natural justice. Because Bannerman was not afforded notice or a hearing, the suspension was invalid. The court quashed the letter and prohibited further interference. It also found a separate National Liberation Council suspension letter ultra vires for lack of evidence of a takeover under L.I. 397, though no order issued against the Council as such relief was not requested.
JUDGMENT OF EDUSEI J.
On 18 January 1967 the National Liberation Council in the exercise of the powers conferred on it by section 1 of the Commissions of Enquiry Act, 1964 (Act 250), appointed by an executive instrument, a commission of inquiry to inquire into the management and other matters relating to the State Fishing Corporation. The terms of reference of the commission are elaborately set out in paragraph 3 of the Commission of Enquiry (State Fishing Corporation) Instrument, 1967 (E.I. 6).
The respondent in the instant application is the chairman of the commission of inquiry, and the applicant is the distribution marketing manager of the State Fishing Corporation.
The commission entered upon its duty as set out in its terms of reference and its sittings so far covered the period from 10 February 1967 to 28 June 1967. On 26 June 1967 the chairman of the Commission of Enquiry (State Fishing Corporation) purported to suspend Mr. V.O. Bannerman, the distribution marketing manager of the State Fishing Corporation. The letter of the purported suspension emanated from the office of the Commission of Enquiry (State Fishing Corporation) Accra and it was signed by Mr. S. A. Wiredu, the chairman of the commission of inquiry. The letter, which is exhibit E, is as follows:
"Our Ref. No.SFCC/CH/PERS/14.
OFFICE OF THE COMMISSION OF ENQUIRY,
(STATE FISHING CORPORATION)
P. O. BOX M.42
ACCRA.
[p.539]
Dear Sir,
SUSPENSION
With immediate effect you are being relieved of your duties and responsibilities as distribution marketing manager in the State Fishing Corporation.
(2) You are to hand over immediately to your most senior subordinate and advise the chief accountant and the production manager.
Yours faithfully,
(Sgd.) S. A. WIREDU
(Chairman).
Mr. V.O. Bannerman,
Distribution Marketing Manager,
State Fishing Corporation,
TEMA."
Copies of this letter were sent to the Secretary of the National Liberation Council and others.
The receipt of exhibit B by the applicant gave rise to the initiation of the instant proceedings for writs of (a) certiorari to quash the decision as contained in exhibit B, and of (b) prohibition to prevent the chairman or the commission from suspending, dismissing, interdicting or in any such manner interfering with the said V.O. Bannerman in the performance of his duties as distribution marketing manager of the State Fishing Corporation.
The applicant sought these two reliefs on the following grounds:
"(1) E.I. 6 of 1967 u