THE COMMISSIONER, CHRAJ VS INSPECTOR GENERAL OF POLICE & ANOTHER
July 24, 2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.
Areas of Law
- Administrative Law
- Constitutional Law
- Civil Procedure
- Employment Law
July 24, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Ghana High Court, per Justice Gifty Agyei Addo, considered an application by the Commissioner of CHRAJ to enforce a 2005 report directing the Inspector General of Police to pay salaries and entitlements to former police officer Samuel Kwame Adade. Adade, dismissed after a 1987 operation at Ghana Consolidated Diamonds Limited and subsequent allegations of stealing exhibit diamonds, complained to CHRAJ in 1995. CHRAJ investigated and ordered payment, but after non‑compliance, it wrote the IGP in April 2017 and filed this enforcement application in July 2017. The Respondents raised a preliminary objection arguing CHRAJ lacked jurisdiction due to Section 13(2)’s 12‑month built‑in limitation and that enforcement was out of time under Section 18(3). The Court agreed: CHRAJ’s discretion is constrained by Section 13(2), the complaint was lodged seven years late, and enforcement had to be sought within three months of the report. The Court also noted remedies must be permissible by law and the six‑year limitation for contract claims under NRCD 54 would bar relief. The application failed, with no order as to costs.
BACKGROUND
The Applicant in this case is the Commissioner of the Commission on Human Rights and Administrative Justice.
Pursuant to Articles 218 and 229 of the Constitution of the Republic of Ghana, 1992 and Sections 9 and 18 (2) of the Commission on Human Rights and Administrative Justice Act, 1993 (Act 456), the Applicant instituted the instant action on 11th July 2017, to enforce its decision in relation to one Samuel Kwame Adade, now deceased, against the Respondents.
THE CASE OF THE APPLICANT According to the Applicant, on 7th April 1995, it received a complaint from a dismissed Police officer (Samuel Kwame Adade) against the Inspector General of Police for wrongful dismissal from the Ghana Police Service.
The grounds of the complaint are contained in paragraphs 4 to 20 of the affidavit in support of the instant application.
Per the Applicant, the essence of the complaint was that in the course of their duties as Police officers, the complainant, together with some other Police officers stationed at Akwatia, were detailed to undertake an operation at the Ghana Consolidated Diamonds Limited on 19th September, 1987. That this led to the arrest of an employee of the company for allegedly stealing diamonds.
According to the Applicant, in the course of the trial of the said employee, the complainant and those other Police officers who took part in the operation were arrested for allegedly stealing diamonds being exhibits in respect of the investigations they undertook.
The events that followed led to the dismissal of the complainant from the Ghana Police Service on 28th March 1988. Per the Applicant, on receipt of the complaint, it notified the 1st Respondent of same.
That its investigations into the allegations culminated in its Report dated 27th January, 2005. Attached to the application is Exhibit “A”, the Report.
By that Report, the Applicant states, it ordered the 1st Respondent to pay all outstanding salaries of the complainant from the date of his purported dismissal from the Police Service till the date of his retirement as well as all his entitlements.
According to the Applicant, per paragraph 23 of its affidavit in support of the application, it received a letter dated 23rd November, 2016, from a son of the complainant drawing its attention to the fact that the 1st Respondent had not complied with its decision.
The Applicant continues at paragraph 24 that the Commission wrote to the 1st Respondent on 27th April, 2017, requesting it to