The Attorney-General and 10 Ors v. Mr. Asare Buabang Anthony and 2 Ors
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. Ayebi (Presiding), J.A.
- Irene C. Larbi (Mrs.), J.A.
- I. O. Tanko Amadu, J.A.
Areas of Law
- Employment Law
- Constitutional Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal concerns the reassignment of plaintiffs from Chief Programme Officers to Income Generating Officers by the Non-Formal Education Division under the Ministry of Education. The reassignment was argued to be a demotion and a breach of employment terms. The High Court ruled in favor of the plaintiffs, finding the reassignment discriminatory and victimizing. Defendants' appeal based on the weight of evidence was dismissed, affirming the trial court's judgment given the lack of evidence supporting a lawful restructuring process.
AYEBI, J. A: This is an appeal against the judgment of a Sunyani High Court dated 31st June, 2011. Originally, the plaintiffs/respondents were nine (9) in number who sued only the 1st defendant/appellant on 29th Sept 2009. The first defendant/appellant was sued because the office has the mandate to defend action against government and its agencies and departments.
Before the trial of the suit actually started, six of the plaintiffs discontinued this suit against the defendants with liberty to apply.
Upon an application for joinder subsequently, the 2nd to the 11th defendants were joined to the suit.
The plaintiffs explained that despite the pendency of the suit and their notice of it, these defendants embarked upon certain actions which tendered to undermine the administration of justice and expose the courts to public ridicule and contempt.
The acts these defendants were accused of were forcibly breaking into the offices of the plaintiffs with the assistance of the police, seizure of plaintiffs’ official vehicles, ejectment from their bungalows and threatened or actual embargo on their salaries.
Thus by their amended writ of summons, the plaintiffs claimed against the defendants jointly and severally: “a. Declaration that the decision by the Non-Formal Education Ministry Division (Ministry of Education)which said decision has been communicated to the plaintiffs “re-assigning” them from Chief Programme Officers in the Non-Formal Education Agency/Sector to Income Generating Officers is wrong in law.
b. Declaration that, the reassignment of the plaintiffs from Chief Programme officers to Income Generating Officers amount to demotion of the plaintiffs which said demotion is unfair, improper and breach of the natural justice rule.
c. An order of injunction directed against the defendants, their agents, servants, privies etc restraining them from carrying out the so-called re-assignment in any way/manner whatsoever.
d. Further orders”. The trial judge has reviewed the case of the plaintiff with sufficient clarity and detail.
The gist of it is that, in 2002, the Ministry of Education advertised in the Daily Graphic the position of District Supervisors in the Non-Formal Education Division of the Ghana Education Service.
The plaintiffs and others applied.
They were shortlisted and invited for an interview at the Public Services Commission.
The plaintiffs were successful at the interview and were issued with appointment letters signed by the then Minist