SEBASTIAN GAVOR v. BANK OF GHANA

ANIN YEBOAH JSC.

On the 13/11/2014, we dismissed the appeal in this matter and affirmed the judgment of the Court of Appeal, Accra. We now proceed to offer our reasons for the dismissal of the appeal.

The appellant herein was at the time material to this action a senior officer at the Bank of Ghana as the Director of Budget and Accounts. The facts giving rise to this action appear not to be in any serious controversy. On the 5th of May, 2000, the appellant was dismissed from the services of the respondent for his alleged involvement in a fraudulent withdrawal of US$1,500,000.00 from the respondent bank.

Upon his dismissal the appellant was handed over to the Bureau of National Investigations for investigations into the role the appellant played in the withdrawal of the said amount. After completion of the investigations, the Bureau of National Investigations presented its findings to the Attorney-General’s office and the appellant was arraigned before the Greater Accra Regional Tribunal, and with three others were charged with the offences of: conspiracy to commit crime; namely causing financial loss to the state contrary to sections 23(i) and 179 A (3) (a) of the Criminal Code Act 29 of 1960 and causing Financial loss to the State, contrary to section 179 A (3)(a) of the Criminal Code Act 29 of 1960. On the 13th of August 2002, the appellant was acquitted and discharged after a lengthy trial.

Soon after his acquittal the appellant’s solicitors wrote to the respondent informing them of his acquittal and made a demand for the payment of all his salaries and other entitlements that had been withheld when the criminal case was pending at the Greater Accra Regional Tribunal. This demand from the appellant was met with a refusal by the respondent and on 23/09/2002 the appellant commenced this action against the respondent for the reliefs endorsed on the writ of summons as follows:

I. “A declaration that his dismissal from the employment of the defendant was wrongful and in contravention of the provisions of Article 191(b) of the Constitution 1992.

II. An order for the payment to plaintiff of all his salaries from 5th May 2000, to the date of final judgment.

III. An order for the payment of three month’s salary in lieu of notice.

IV. An order for the payment of plaintiff’s entire end of service benefits calculated up to the date of final judgment.

V. Damages for prospective loss of promotion and loss of employment.

VI. General damages for wrongful dism